CONSUMER COMPLAINTS POLICY

Instruction on rights arising from defective performance and Consumer 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 exclusively apply to the purchase of goods not intended to be subject of further business activity, and therefore does not apply 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 (the “Business”). 

This Instruction and the associated Complaints Policy are in compliance with Act No. 89/2012 Sb., the Civil Code, and Act No. 634/1992 Sb., on consumer protection, as amended.

The term “buyer” as a consumer means any individual (natural person) who, outside the scope of their business activity or outside the scope of the independent exercise of their profession, enters into an agreement or otherwise deals with the Business (the “Consumer”).

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

1. Asserting rights arising from defects – Complaints Policy
   • The Seller warrants to the Consumer that the goods are free from defects upon receipt. In particular, the Seller warrants to the Consumer that at the time the Consumer receives the goods:
     • the goods have the characteristics agreed between the parties and, in the absence of such agreement, have the characteristics described by the Seller or the manufacturer or expected by the Consumer in view of the nature of the goods and on the basis of the advertising carried out by them;
     • the goods are fit for the purpose stated by the Seller for their use or for which goods of that kind are usually used;
     • the goods correspond in their quality or workmanship to an agreed sample or specimen, provided that the quality or workmanship has been determined according to the agreed sample or specimen;
     • the goods are of the quantity, measure or weight as appropriate; and
     • the goods meet the requirements of the legal regulations.
   • The Seller is not liable to the Consumer 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 Consumer.
     • 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 Consumer as a result of improper use, storage, maintenance, tampering by the Consumer 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 Consumer is entitled to assert the right to claim for defects that occur in the goods within 24 months of receipt. After the expiry of this period, the right to claim the defect of the goods with the Seller cannot be exercised.
   • If a defect manifests itself within one year of receipt, it is assumed that the thing was defective already when received.
   • These time limits shall be extended by the period of time during which the Consumer was unable to use the goods because they were in the process of a legitimate complaint settlement. 
3. Procedure of asserting the right arising from defective performance
   • The Consumer 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;
     • Consumer’s identification and contact data (tel. number, e-mail) as necessary to settle the procedure.
   • The Consumer 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 making the complaint.
   • During the complaint process, communication is sent to the e-mail address provided by the Consumer or, unless otherwise is agreed, by SMS. 
   • The Consumer may send properly packaged goods to the Seller's address. The Consumer is required to enclose a proof of payment (tax receipt) and a written statement of the reason for which he/she asserts rights arising from defects, including the chosen method of complaint settlement. The Consumer is not entitled to change the chosen method of claim settlement without the prior consent of the Seller.
   • If the Consumer requests the defect to be removed, the Seller shall bear the cost of transport of the claimed goods back to the Seller.
   • Upon receipt of the claimed goods, the defect is assessed immediately and the result of the complaint justification assessment is communicated to the Consumer within 3 working days at the latest. This time limit does not include the time required for professional assessment of the defect. 
   • If the goods are found to be defective, the complaint process between the Seller and the Consumer is concluded within 30 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 Consumer as soon as possible.
   • If the goods are not found to be defective, the Consumer is informed accordingly in order to come to an agreement on how to proceed in the individual case. 
   • If the complaint is not settled within the time limit according to the aforementioned provisions of the Complaints Policy, the Consumer is entitled to be refunded the purchase price.
   • The Seller shall issue to the Consumer, confirmation of when the Consumer 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 has been required by the Consumer, 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
   • The Consumer may opt to demand the delivery of a new item free from defects, the repair of the item, or the delivery of a missing part of the item, unless the chosen method of removing the defect is impossible or unreasonably expensive compared to another.
   • The Consumer has the right to withdraw from the purchase agreement and to demand to be refunded the purchase price if:
     • the Seller refuses to remove the defect or fails to remove it within a reasonable period of time;
     • the defect reoccurs;
     • the defect constitutes a material breach of the agreement;
     • it is apparent from the Seller's statement or from the circumstances that the defect will not be removed within a reasonable period of time or without significant inconvenience to the Consumer.
   • The Consumer has no right to withdraw from the purchase agreement if the defect of the thing is proved to be insignificant.
   • If the Consumer does not withdraw from the agreement or does not assert the right to have a new faultless item delivered, to have a part of the item replaced or to have the item repaired, the Consumer may claim a reasonable discount. The Consumer is also entitled to a reasonable discount if the Seller cannot deliver a new faultless item, replace a part of the item or repair the item, as well as if the Seller fails to remove the defect within a reasonable period of time or if the removal of the defect would cause considerable inconvenience to the Consumer.
   • The Consumer has no right arising from defective performance if he/she knew before taking over the item that the item was defective or if the Consumer caused the defect himself/herself.
5. Closing the Complaint Process
   • If the complaint is recognized to be justified and the Consumer rightfully requests to be refunded the purchase price as a way of settling the complaint, the Seller shall repay the Consumer the purchase price without undue delay. The Seller shall return the funds to the Consumer in the same manner in which it received them, unless the Consumer specifies otherwise.
   • The Consumer is required to take over the claimed product 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 Consumer 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, in particular the packaging for containing all the expected items. Later objections will be disregarded.
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 Consumer's statutory rights.
   • This Complaint Policy is valid from 1 September 2024
   • This Complaint Policy is available at the registered office of the Seller or as an online document at gcapoker.com<http://www.gcapoker.com