Complaints procedure
This Complaints Policy, adopted in accordance with the relevant provisions of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the “ Civil Code ”), and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the “ Consumer Protection Act ”), regulates the method and conditions of complaints about defects in goods purchased through the e-shop “www.bombshellparts.eu” from the company Dirty Goats sro, Company ID: 230 22 434, with its registered office at Nové Sady 988/2, Staré Brno, 602 00 Brno, entered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 144032 (hereinafter referred to as the “ Seller ”).
Article 1
General provisions
The Complaints Procedure is an integral part of the seller's general terms and conditions and describes the procedure for making complaints about goods purchased from our company.
The buyer is obliged to familiarize himself with the complaints procedure and general terms and conditions (hereinafter referred to as " GTC ") before ordering the goods. He is also obliged to provide the seller with the cooperation necessary for the settlement of the complaint, otherwise the deadline for settling the complaint will be extended accordingly. By concluding the purchase contract and taking over the goods from the seller, the buyer agrees to these complaints procedure.
This complaint procedure is divided into a part applicable to buyers - consumers, a part applicable to buyers - entrepreneurs and a part applicable to all buyers.
PART I – RIGHTS AND OBLIGATIONS IN RELATION TO THE BUYER – CONSUMER
Article 2
Seller's liability for defects in goods
The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
The seller is responsible to the buyer for ensuring that the goods are free from defects upon receipt, in particular, he is responsible for ensuring that the goods:
corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility and other agreed properties;
is suitable for the purpose for which the buyer requires it and to which the seller has agreed, and
It is delivered with agreed accessories and instructions for use, including assembly or installation instructions.
The Seller further certifies to the Buyer that, in addition to the agreed properties:
the goods are suitable for the purpose for which a thing of this type is usually used, taking into account the rights of third parties, legal regulations, technical standards or codes of conduct of the sector in question, if there are no technical standards;
the goods, in terms of quantity, quality and other characteristics, including durability, functionality and safety, compatibility and security, correspond to the usual characteristics of things of the same type that the buyer can reasonably expect, also taking into account public statements made by the seller or another person in the same contractual chain, in particular advertising or labelling;
the goods are delivered with accessories, including packaging, assembly or installation instructions and other instructions for use that the buyer can reasonably expect, and
the goods correspond in quality or design to the sample or template if the seller provided it to the buyer before the conclusion of the contract.
If the goods do not meet the above requirements, they are defective.
The Seller is not liable for defects in the goods caused by the Buyer, for wear and tear of the goods caused by their usual use or, in the case of a used item, for wear and tear corresponding to the extent of its previous use. Furthermore, the Seller is not liable for goods sold at a lower price for a defect for which a lower price was agreed.
The buyer may complain about a defect that becomes apparent within two years of receipt. If the defect becomes apparent within one year of receipt, the goods are deemed to have been defective upon receipt, unless the nature of the goods or the defect precludes this. This period does not run for the period during which the buyer cannot use the goods if he has rightfully complained about the defect. When purchasing used goods, the period according to the first sentence of this paragraph is shortened to one year.
Article 3
Buyer's rights from defective performance
If the goods are defective, the Buyer may request:
a) removal of the defect (by delivery of new goods or repair);
b) a reasonable discount on the purchase price;
c) withdrawal from the purchase contract.
The Buyer cannot withdraw from the Contract if the defect in the goods is insignificant.
In the event of a request for the removal of a defect, the buyer may, at his/her option, request the delivery of new goods without defects or the repair of the goods, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this will be assessed in particular with regard to the significance of the defect, the value that the goods would have without the defect, and whether the defect can be removed in the other method without significant difficulties for the buyer.
The seller may refuse to remove the defect if it is impossible or unreasonably expensive, especially with regard to the importance and value that the goods would have without the defect.
The Seller shall remove the defect within a reasonable time after it is discovered in a manner that does not cause significant inconvenience to the Buyer, taking into account the nature of the goods and the purpose for which the Buyer purchased the goods.
To eliminate the defect, the Seller will take over the goods at its own expense.
The buyer may request a reasonable discount or withdraw from the purchase contract if:
the seller refused to remove the defect or did not remove it within a reasonable time after it was pointed out in a way that did not cause significant inconvenience to the buyer, taking into account the nature of the goods and the purpose for which the buyer purchased the goods, or did not take over the goods at his own expense to remove the defect;
the defect appears repeatedly;
the defect is a material breach of the purchase contract; or
it is obvious from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer.
The appropriate discount is determined as the difference between the value of the goods without defects and the defective goods that the buyer received.
If the buyer withdraws from the purchase contract, the seller will refund the price to the buyer without undue delay after receiving the goods or after the buyer proves that he has sent the goods to the seller.
PART II – RIGHTS AND OBLIGATIONS IN RELATION TO THE BUYER – BUSINESSMAN
Article 4
Seller's liability for defects in goods
The seller is responsible to the buyer for ensuring that the goods are free from defects upon receipt, in particular for ensuring that the goods are delivered to the buyer in the agreed quantity, quality and design, otherwise in a quality and design suitable for the purpose apparent from the purchase contract, and if not apparent, for the usual purpose.
If the goods do not meet the above requirements, they are defective. The delivery of goods other than those ordered or defects in the documents necessary for the use of the goods are also considered to be defective goods.
The Seller is not liable for defects in the goods caused by the Buyer, wear and tear of the goods caused by their usual use, or for used goods for wear and tear corresponding to the extent of their previous use. Furthermore, the Seller is not liable for goods sold at a lower price for a defect for which the lower price was agreed. The Seller is also not liable for defects in the goods that the Buyer, with the exercise of normal care, should have known when concluding the purchase contract, except in cases where the Buyer has received assurance from the Seller that the goods are free of defects.
The buyer is obliged to report a defect in the goods without undue delay after he could have discovered it during a timely inspection and sufficient care, but no later than 2 years after taking over the goods. The buyer may only complain about a defect that the goods already had upon taking over, even if it becomes apparent later (within 2 years). When purchasing used goods, the period according to the first sentence of this paragraph is shortened to one year.
If the Buyer has rightfully complained about a defect in the goods, the period for complaining does not run for the period during which the Buyer cannot use the goods.
Article 5
Buyer's rights from defective performance
If the goods are defective, the Buyer may request:
a) if the defect is a fundamental breach of contract:
removal of the defect, at the Seller's option by delivering the missing goods or part thereof, or by repairing the goods or part thereof, or by replacing the goods or part thereof;
a reasonable discount on the price;
withdrawal from the purchase contract.
If the buyer does not exercise his right in time (within the notification of the defect or without undue delay thereafter), he has the same rights as in the case of a non-material breach of the purchase contract.
b) If the defect is a non-material breach of contract:
removal of the defect, at the buyer's choice by delivering the missing goods or part thereof, or by repairing the goods or part thereof, or by replacing the goods or part thereof;
a reasonable discount on the price.
The buyer cannot withdraw from the purchase contract or request the delivery of new goods if he cannot return the goods in the condition in which he received them. This does not apply:
if there has been a change in condition as a result of an inspection to determine a defect in the goods;
if the buyer used the goods before the defect was discovered;
if the buyer did not cause the impossibility of returning the goods in an unchanged condition through actions or omissions;
if the buyer sold the goods before the defect was discovered, or if he modified the goods during normal use; if this happened only partially, the buyer shall return to the seller what he can still return and shall compensate the seller up to the amount in which he benefited from the use of the goods.
PART III – RIGHTS AND OBLIGATIONS IN RELATION TO ALL BUYERS
Article 6
Checking goods upon receipt
Upon receipt from the carrier, the buyer shall properly and carefully check the condition of the shipment, integrity or damage to the packaging according to the shipping document. Any damage must be recorded in the carrier's shipping document. In case of damage, we recommend taking photos of the packaging and damage and notifying the seller by email at – info@bombshellparts.eu.
On the day of receipt, the buyer will also check the completeness of the goods, in particular that the packaging contains everything it is supposed to contain.
Article 7
Filing a complaint
The buyer can file a complaint with the seller by email at info@bombshellparts.eu.
The buyer is obliged to prove that he has the right to make a complaint, in particular to prove the date of purchase, e.g. by presenting a sales receipt or in another credible manner. We also recommend that you describe the defect, send photos or a video of the damage, and possibly add delivery details (name, return address, phone number and e-mail). Without this information, it is not possible to identify the origin and defect of the goods. At the same time, it is advisable to inform us of the right you have chosen from defective performance, i.e. whether you are interested in repairing the item, replacing the goods or its parts, withdrawing from the contract (if the buyer is a consumer), a discount on the purchase price, or other rights in accordance with these complaints procedures and the Civil Code. We will inform you of the next steps within 7 working days at the latest.
The buyer is not entitled to make a complaint about a defect that was already reported in the past if a reasonable discount on the purchase price was provided for it.
You can also deliver the claimed goods to us at the following address: Dirty Goats, Jana Sádecká, Průmyslová 591/1, 68201 Vyškov na Moravě, Česká republika (other than cash on delivery, which we do not accept. The goods can be sent to this address only after prior agreement with the seller), and we recommend that the goods be packed in suitable packaging so that they are not damaged during transport. The seller is not responsible for defects arising from transport from the buyer to the seller. The buyer bears the costs of returning the goods. The buyer acknowledges that if the buyer does not deliver the claimed goods including accessories, then in the event of withdrawal from the contract, the purchase price will be refunded to the buyer, reduced by the price of the undelivered accessories.
Article 8
Complaint handling
When making a complaint, the seller is obliged to issue the buyer a written confirmation stating:
date and place of filing the complaint,
characteristics of the alleged defect (what is the content of the complaint);
the method of handling the complaint requested by the buyer;
Buyer's contact details for the purpose of providing information on handling the complaint.
The complaint, including the removal of the defect, must be resolved and the buyer must be informed of this no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. After this period has expired in vain, the buyer - consumer may withdraw from the purchase contract or request an appropriate discount.
The seller is obliged to issue the buyer with a confirmation of the date and method of handling the complaint, including confirmation of the repair, and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated to carry out the repair.
The buyer is obliged to take over the claimed goods within 30 days from the date on which the claim should have been settled at the latest, after which the seller is entitled to charge a reasonable storage fee or sell the goods on the buyer's behalf. The seller must notify the buyer of this procedure in advance and provide him with a reasonable additional period to take over the goods.
The Buyer acknowledges that in the event of an exchange of goods as part of the settlement of a complaint, a new period for exercising rights arising from defective performance does not run. The period expires 2 years from the date of receipt of the goods subject to the complaint.
The provisions of Sections 1923, 2106 and 2107 of the Civil Code on rights arising from defective performance shall not apply to the buyer – entrepreneur. If the buyer – entrepreneur, the seller undertakes to decide on the complaint, including the removal of the defect, within 45 days from the date of the complaint. The buyer – entrepreneur will be informed of this decision by email.
Article 9
Claim costs
If the complaint is recognized as justified, the buyer has the right to reimbursement of the costs reasonably incurred in exercising his right to claim defective performance. However, if he does not exercise this right to compensation within one month after the expiry of the period within which the defect must be pointed out, he will not be provided with compensation.
Article 10
Contractual quality guarantee
The seller provides a quality guarantee for a period of 24 months for all goods purchased on the website www.bombshellpart.cz , unless the goods are used, discounted or it is not explicitly stated that the contractual quality guarantee does not apply to them. The exercise of rights under the quality guarantee is governed by these complaints procedures, unless the confirmation of the seller's obligations under the guarantee (warranty certificate) or the contract provides otherwise.
The buyer must report a defect covered by the quality guarantee to the seller within the period specified by the length of the guarantee period. For unused goods, the guarantee period is 24 months from the date of receipt of the goods, unless a longer guarantee period is specified on the web interface or on the proof of purchase. The period ends on the day that coincides with the date on which it began and the corresponding number of months later. The length of the period in months is specified for each item in the seller's online store.
Rights arising from liability for defects in goods covered by a quality guarantee will lapse if they are not exercised within the specified period.
The Buyer acknowledges that if the goods are replaced or repaired, a new warranty period does not apply to the new goods or replaced components and spare parts. However, in such a case, the warranty period is extended by the period during which the Buyer was unable to use the goods due to the defect, i.e. in particular by the period during which the goods are being repaired.
The warranty does not cover damage, especially if:
• the defect was present at the time of acceptance and a discount on the purchase price is agreed for such a defect;
• the defect is caused by the buyer and arose from improper use, storage, improper maintenance, intervention by the buyer, mechanical damage or excessive loading or use contrary to the conditions specified in the seller's documentation or instructions or general principles;
• using the goods in conditions that are not usual due to temperature, dustiness, humidity, chemical and mechanical environmental influences;
• the defect arose as a result of an external event beyond the seller's control (elements, force majeure, electrical network failure);
• this is normal wear and tear of the goods caused by their use, not a defect;
• the utility and aesthetic values of the goods were prematurely exhausted due to careless use of the goods;
• these are natural properties of natural materials, not a defect (a defect in the goods is not the usual color or structural difference in natural or textile materials, varnished or oiled surfaces, typical properties of wood or bamboo, including odor);
• the defect does not appear on the goods even after a thorough professional examination;
• by performing unqualified intervention, using non-original parts, changing parameters or if a defect has arisen in the event of modification of the goods by the buyer or a third party;
• the warranty period has expired.
This complaint procedure is valid and effective from March 10, 2025.
