BUSINESSES COMPLAINTS POLICY

Instruction on rights arising from defective performance and Businesses Complaints Policy

This Complaints Policy applies to the goods supplied by ROLAM s.r.o. having its registered office at Janáčkovo nábřeží 1153/13, 150 00 Praha 5 - Smíchov, Identification No.: 26342324, incorporated in the Commercial Register of the Municipal Court in Prague, File No. C 96381 (the “Seller”).

This Instruction and the associated Complaints Policy applies to cases where the rights arising from liability for defects are asserted by a buyer who has entered into a purchase agreement with the Seller in the course of their business activity and is not considered to be a consumer under the applicable legislation. They may also be a self-governing territorial unit or a state (the “Buyer”). 

The rights of the Buyer arising from defective performance are governed by the applicable provisions of the Civil Code, namely of Sections 2099 to 2112 of Act No. 89/2014 Sb., the Civil Code (the “CC”).

The business-to-business relations shall neither be governed by those provisions of the CC which protect consumers nor by Act No. 634/1992 Sb., on consumer protection, as amended. Neither party is considered to be a weaker one in the present case.

The Buyer agrees to this Complaints Policy by entering into a purchase agreement with and accepting goods from the Seller.

1. Complaints Policy
   • The Buyer shall inspect the goods as soon as possible after the danger of loss has passed to the Buyer (usually upon receipt) to make sure of their characteristics and quantity.
   • If the Buyer, upon receipt from the carrier, finds that the outer packaging is damaged, they must either refuse the shipment or accept it with reservation and indicate the fact to the carrier in the handover report. If the Buyer discovers subsequently that, despite the intactness of the packaging, the contents of the consignment do not correspond to the enclosed invoice or are damaged, the Seller must be informed and a damage report must be drawn up for the carrier in compliance with the carrier's requirements set out in its terms and conditions. In case of violation of the procedure and of the deadlines specified in the conditions of carriage, any damages shall be borne by the Buyer.
   • The Buyer is obliged to claim the defect without undue delay after its discovery.
   • The Seller is not liable for defects in the following cases: 
     • The goods show a defect at the time of receipt and a purchase price discount has been agreed for that defect.
     • The goods have been in use and the defect corresponds to the level of use or wear and tear the goods had when being taken over by the Buyer.
     • The goods defect has occurred due to wear and tear caused by regular use or resulted from the nature of the goods (e.g., the lapse of the service life).
     • The defect has been caused by the Buyer as a result of improper use, storage, maintenance, tampering by the Buyer or mechanical damage. 
     • The defect has occurred as a result of an external event beyond Seller’s control.

2. Time limit for asserting the right arising from defective performance
   • The Buyer is required to assert the right arising from defective performance immediately after it could detect it in timely inspection and sufficient care (apparent defects).
   • If it concerns a hidden defect, it must be notified to the Seller without undue delay after the Buyer could have discovered it with due diligence, however no later than two years after the handover of the thing. After the expiry of this period, the right to claim the defect of the goods with the Seller shall lapse.
3. Procedure of asserting the right arising from defective performance
   • The Buyer shall complete a goods complaint sheet, specifying the following in particular:
     • Type of goods and the name of the manufacturer;
     • Product ordering or serial number identical with that provided on the warranty certificate;
     • Information whether the defect is being claimed within the statutory time limit for asserting rights arising from defective performance;
     • Description of how the defect manifests itself;
     • Buyer’s identification and contact data (tel. number, e-mail) as necessary to settle the procedure.
   • The Buyer may assert the rights arising from defective performance at the Seller's establishment where the acceptance of the complaint is possible with regard to the range of goods sold there, or at the registered office or place of business. The moment when the Seller receives the goods being claimed from the Buyer is deemed to be the moment of filing the complaint.
   • During the complaint process, communication is sent exclusively to the e-mail address provided by the Buyer or, unless otherwise is agreed, by SMS. 
   • The Buyer may send properly packaged goods to the Seller's address. The Buyer is required to enclose a proof of payment (tax receipt) and a written statement of the reason for which it asserts rights arising from defects, including the chosen method of complaint settlement. The Buyer is not entitled to change the chosen method of claim settlement without the prior consent of the Seller.
   • The Buyer shall bear the cost of transport. Complained goods sent COD by the Buyer shall not be taken over by the Seller and will be returned to the Buyer at the expense of the latter.
   • Upon receipt of the claimed goods, the defect is assessed immediately and the result of the complaint justification assessment is communicated to the Buyer within 5 working days at the latest. This time limit does not include the time required for professional assessment of the defect, namely the period of the goods being held by the manufacturer. 
   • In order to prevent damage occurrence and to prevent the laundering of proceeds of crime, the Buyer is obliged to provide a proof of identity when the goods are being issued or a credit note is being refunded after the complaint has been settled. If no such proof is provided, the Seller shall be entitled to refuse to issue the goods or to refund the credit note. If the Buyer is a legal entity, then the goods will be issued or the credit note will be refunded only to the statutory body of the legal entity or to a person who proves to be vested with an authenticated power of attorney.
   • If the goods are found to be defective, the complaint process between the Seller and the Buyer is concluded within 40 days of the exercise of the right to claim the defect. The time limit according to the previous sentence does not start if the Seller has not received all the items necessary to settle the complaint (parts of the goods, proof of payment, etc.). The Seller must request supplementary items from the Buyer as soon as possible.
   • If the goods are not found to be defective, the Buyer is informed accordingly in order to come to an agreement on how to proceed in the individual case. In such a case, the Buyer may be charged for the performance of the service technician at the regular hourly rate.
   • If the complaint is not settled within the time limit according to the aforementioned provisions of the Complaints Policy, the Buyer is entitled to withdraw from the purchase agreement, i.e., to be refunded the purchase price.
   • The Seller shall issue to the Buyer, confirmation of when the Buyer exercised the right, what is the content of the exercise of the right arising from the defect (complaint) and what method of settlement of the complaint is required, as well as confirmation of the date and method of settlement of the complaint, including confirmation of the repair and the duration thereof, or written justification of the rejection of the complaint.
4. Complaint Settlement Method
   • If the defective performance constitutes an insignificant breach of the agreement, the Buyer is entitled to have the defect removed or to a reasonable discount. The Buyer may choose whether the defect is to be removed or a reasonable discount is to be granted, but its choice must not cause the Seller to incur unreasonable costs. 
   • The Buyer shall notify its choice when reporting the defect. The Buyer may subsequently change its choice only with the consent of the Seller.
   • Upon delivery of a new item, the Buyer shall return to the Seller, the item originally delivered at the expense of the latter. 
   • If it is not possible to return the item in the condition in which the Buyer received it, the Buyer may not withdraw from the agreement or demand replacement of the item. This does not apply if:
     • the condition has changed as a result of the inspection performed to ascertain a defect of the item;
     • the Buyer used the item before discovering the defect;
     • the Buyer has not caused the impossibility of returning the item in its unaltered condition by an act or omission;
     • the Buyer sold the item before the defect was discovered, consumed it, or altered the item in normal use; if this has happened only in part, the Buyer shall return to the Seller what is still recoverable and shall compensate the Seller to the extent that the Buyer benefited from the use of the item.
   • If the defective performance constitutes a material breach of contract, the Buyer shall have the right, at its option: 
     • to have the defect removed by delivering a new faultless item or a missing item;
     • to have the defect removed by repairing the item;
     • to a reasonable discount on the purchase price;
     • to withdraw from the agreement.
   • A defect is considered to be a material breach of the agreement if the Buyer would not have concluded the agreement and if the Buyer would have foreseen the defect when entering into the agreement; in other cases, it constitutes a defect that is not a material breach of the agreement.
5. Closing the Complaint Process
   • If the complaint is recognized to be justified and the Buyer rightfully requests to withdraw from the agreement as the way of complaint settlement, the funds shall be remitted to the Buyer in the same manner in which the Seller received them, unless the Buyer specifies otherwise.
   • The Buyer is required to take over the goods after claim settlement no later than 1 month after the date of complaint settlement or after being notified by the Seller. After the expiry of this period, the Seller is entitled to charge a goods storage fee. The daily storage fee is charged in the amount of CZK 100.00.
   • If the Buyer fails to collect the goods from a settled claim within 6 months of the date of being informed about the settlement, the Seller reserves the right to sell the goods and to use the proceeds to cover the storage fee.
   • The Buyer is obliged to check the goods received and their compliance with the claim dispatch report. The Buyer must also check the goods for completeness. This is without prejudice to the statutory time limit for exercising rights arising from defective performance.
6. Consumer Goods Lifetime
   • Where the goods have a period of service life or durability or usability stated on the packaging of the goods or in the instructions or other documentation relating to the goods, the warranty period shall always last only until the expiry date of the period of durability or service life or usability stated on the goods, on the goods packaging or in the instructions or other documentation relating to the goods (e.g., batteries, various types of lighting fixtures, etc.). In order to lodge a successful complaint, all of the above-mentioned conditions must be complied with.
7. Conclusion
   • This Complaints Policy is without prejudice to the Buyer's statutory rights.
   • This Complaint Policy is valid from 1 September 2024
   • This Complaint Policy is available at the registered office and in the establishments of the Seller or as an online document at gcapoker.com<http://www.gcapoker.com