Claims

COMPLAINT PROCEDURE

Basic Information:

Seller: Bateria Slaný CZ, s.r.o.
Seller's Address: Netovická 875, 274 01 Slaný
Seller’s Premises: Netovická 875, 274 01 Slaný and Průmyslová 11/1472, 102 00 Prague
Company Registration Number: 25139096
VAT Number: CZ25139096
The company is registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 52910.
Bank Account: 131-2764590257/0100
Telephone Contact: +420 720 838 428
Email: sales@bateria.cz
Opening Hours for the Prague Office: Mon – Fri 9.00 - 15.00

I. General Provisions

The complaint procedure has been prepared in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "CC") and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Law") and applies to consumer goods (hereinafter referred to as the "goods") for which the buyer's rights from liability for defects (hereinafter referred to as the "complaint") are claimed during the warranty period.
The complaint procedure is an integral part of the General Terms and Conditions for consumers and entrepreneurs. By entering into the purchase contract, the buyer agrees to the applicable General Terms and Conditions and this complaint procedure and confirms that they have been properly acquainted with them.
The buyer is either a buyer – consumer within the meaning of Section 2(1)(a) of Act No. 634/1992 Coll., on Consumer Protection (hereinafter referred to as "buyer – consumer") or a buyer – entrepreneur who acts within the framework of their business activity when concluding and performing the contract (hereinafter referred to as "buyer – entrepreneur"). The buyer – consumer and the buyer – entrepreneur are hereinafter collectively referred to as the "buyer."
The seller acts within the scope of its business activity when concluding and performing the purchase contract. The seller is an entrepreneur who supplies products or services to the buyer directly or through other entrepreneurs.

II. Seller’s Liability

The seller is responsible for ensuring that the goods do not have defects upon receipt by the buyer. Specifically, the seller guarantees that at the time the buyer receives the goods:
- The goods have the properties agreed upon by the parties, or if no agreement has been made, they have the properties described by the seller or manufacturer, or the buyer expected based on the nature of the goods and the advertising carried out.
- The goods are suitable for the purpose the seller indicates or for which goods of this type are usually used.
- The quality or design corresponds to the agreed-upon sample or model, if quality or design was determined according to an agreed sample or model.
- The goods are in the appropriate quantity, measure, or weight.
- The goods comply with the legal requirements.
An invoice (if the buyer has not received it electronically) and a warranty card are included with the goods for certain products. If no warranty card is included with the goods, the invoice is used to claim a complaint.

III. Rights Arising from Liability for Defects

Any visible damage to the goods or packaging during delivery must be immediately addressed with the carrier, and discrepancies noted on the delivery protocol (shipping note). The buyer is not obliged to accept such goods from the carrier and must inform the seller of the damage without delay. The buyer must thoroughly check the goods and their accessories for any damage or missing items on the day of receipt.
When the buyer collects the goods in person, the moment of receipt is the moment the risk of damage to the goods transfers from the seller to the buyer. If the buyer does not inspect the goods upon receipt, they may only claim defects detectable during the inspection if they can prove that the goods had such defects (e.g., missing accessories) at the time of the risk transfer to the buyer. Later complaints about incomplete goods or external damage to the goods do not deprive the buyer of the right to file a complaint. However, the seller has the option to prove that the issue is not a breach of the purchase contract.
The buyer may file a complaint with the goods in person at the seller's operational premises or registered office or send the goods by courier to the address Průmyslová 11/1472, 102 00 Prague.
The buyer must provide verifiable proof that the goods were purchased from Bateria Slaný CZ, s.r.o.'s online store or store (at least a copy of the purchase receipt or a properly completed warranty card).
The rights from liability for defects do not apply, particularly in cases where the defect or damage was caused by:
Breaking the protective seals and labels on the goods.
Mechanical damage to the goods.
Damage to the goods caused by electrical surges.
Improper installation, handling, or use contrary to the instructions or other documentation for use.
Damage to the goods caused by natural disasters or force majeure.
Damage to the goods due to excessive load, use contrary to the conditions specified in the instructions or other documentation, or general principles, or use in environments whose temperature, dust, humidity, chemical, and mechanical influences do not correspond to the environment specified by the seller or manufacturer, or improper storage of the goods.
Damage to the goods caused by connecting them to a network that does not comply with relevant technical standards.
Due to the natural decrease in battery capacity caused by its wear and tear.
Use contrary to generally known rules of use.
If the presented warranty card shows clear signs of alterations to the information or the goods have a different serial number than what is listed on the warranty card.
If the contents of the package or the subject of the purchase include consumable materials (e.g., batteries, accumulators, print heads, projector lamps), their typical lifespan with normal use is 6 months unless explicitly stated otherwise. The buyer's right to complain about goods within the legal warranty period remains unaffected. However, the buyer must consider that the seller's liability for defects does not apply to normal wear and tear of goods or parts due to normal use and cannot be confused with product lifespan.
The seller's liability for defects and the warranty for quality cannot be confused with the usual lifespan of goods, i.e., the period during which the goods, when properly used and maintained, can last given their properties, the intended purpose, and varying levels of use intensity. In cases of intensive use of goods, the usual lifespan may be shorter than the warranty period or the period during which rights from defective performance may be claimed.
The warranty and lifespan of accumulators are governed by the relevant applicable standard or the technical operating conditions for accumulators set by the manufacturer. If the buyer cannot provide evidence of the number of charging and discharging cycles, the lifespan and liability for defects will be assessed according to the table of expected wear and tear of accumulators provided at the end of this complaint procedure.
Upon the buyer's request, the seller is obliged to provide the buyer-consumer with a written confirmation of the seller's liability for defects to the extent stipulated by law (warranty card). The warranty card must include the name or business name, company registration number, and registered office of the seller. If the nature of the goods allows, a purchase receipt containing the same information as the warranty card will suffice in place of a warranty card. If a longer-than-statutory warranty period is provided, the seller will specify the conditions and scope of the extended warranty in the warranty card.

IV. Individual Rights from Defective Performance

Legal relations arising from the seller's liability for defects are governed by the relevant provisions of generally applicable legal regulations, especially the Civil Code.
The seller guarantees to the buyer that the goods do not have defects upon receipt by the buyer.
If the goods delivered by the seller do not have the properties specified in Article II, the buyer-consumer may request the delivery of new goods without defects, provided this is not unreasonable given the nature of the defect. If the defect pertains only to a part of the goods, the buyer-consumer may request only the replacement of that part. If replacement is not possible, the buyer-consumer may withdraw from the purchase contract. However, if the defect is disproportionate, especially if it can be removed without undue delay, the buyer-consumer is entitled to free removal of the defect. The right to the delivery of new goods or the replacement of a part also applies in the case of a removable defect if the buyer-consumer cannot use the goods properly due to repeated occurrence of the defect after repair or due to a larger number of defects. In such cases, the buyer-consumer is also entitled to withdraw from the purchase contract.
If the buyer-consumer does not withdraw from the purchase contract or does not exercise the right to the delivery of new goods without defects or to repair, they may demand a reasonable discount. The buyer-consumer is entitled to a reasonable discount even if the seller cannot deliver new goods without defects, replace the part of the goods, or repair the goods, as well as if the seller does not rectify the situation within a reasonable time or if the remedy would cause significant inconvenience to the buyer-consumer.
Unless otherwise stated, the buyer-consumer is entitled to claim defects that appear within 24 months of the receipt of the goods. If a defect appears within 6 months of receipt, it is assumed that the goods were defective at the time of receipt.
The buyer is not entitled to claim rights arising from defective performance if the buyer knew about the defect before accepting the goods, or if the defect was caused by the buyer.
The buyer-consumer has the right to withdraw from the contract in all cases specified in the Civil Code and the Consumer Protection Act. Withdrawal from the contract is effective against the seller when the seller is presented with or receives the buyer-consumer's declaration of withdrawal from the contract, provided that all statutory conditions under Sections 2001 et seq. of the Civil Code are met. Upon withdrawal from the contract, the contract is canceled from the outset, and the parties are obliged to return everything they have provided under the contract.

V. Exercising Rights from Defective Performance

The buyer is obliged to file a complaint with the seller or the person designated for repairs without undue delay after discovering the defect. If the complaint is made in writing or electronically, the buyer should include their contact details, a description of the defect, and the requested method of complaint resolution, using the complaint form, which can be downloaded from the online store website.
The completed complaint form, along with a copy of the purchase receipt, a detailed description of the defect, and complete contact details (address, phone, email), must be delivered by the buyer to the seller’s registered office at Průmyslová 11/1472, 102 00 Prague.
When filing a complaint in person at the seller's premises, the buyer will receive a written confirmation – a complaint form, which serves as proof when resolving the complaint. The buyer must provide all required information when filling out the complaint form, confirming its completeness and accuracy by signing the complaint form. The complaint form includes details of when the complaint was filed, its content, and the method of resolution requested by the buyer-consumer.
If the buyer sends the goods to the seller by courier, they should, in their own interest, pack the goods in suitable and adequately protective packaging to prevent damage during transportation. Fragile goods should be marked with appropriate symbols. The shipment should contain the complained goods (including all accessories), a copy of the purchase receipt, a detailed description of the complained defect, and the buyer's correct contact details.
The period for handling the complaint starts from the date of delivery of the goods to the seller or to the place designated for repairs. The goods should be properly packaged for transport to avoid damage; they should be clean and complete.
The buyer is obliged to inform the seller which right they have chosen when reporting the defect, or without undue delay after reporting the defect. Changing the choice without the seller's consent is only possible if the buyer has requested the repair of a defect that proves to be irremovable. If the buyer does not choose their right in time regarding a fundamental breach of the contract, they have the rights as in the case of a non-fundamental breach of the contract.
Complaints from buyers – consumers, including the removal of the defect, must be processed without undue delay, no later than 30 days from the date the complaint is made, unless a longer period is agreed upon between the seller and the buyer-consumer. After this period, the buyer-consumer has the same rights as in the case of a fundamental breach of the contract. The 30-day period is not binding on buyers – entrepreneurs.
The buyer is obliged to provide the seller with all necessary cooperation to verify the existence of the complained defect and its removal (including testing or disassembling the product). When filing a complaint, the buyer is obliged to hand over the goods clean, in compliance with hygiene regulations and general hygiene standards, including all parts and accessories.
The buyer is obliged to hand over the goods for the complaint process in full. If the buyer does not provide complete goods and their completeness is necessary to ascertain the existence of the defect and/or its removal, the period for handling the complaint will begin only after the missing parts are delivered.
The buyer-consumer has the right to reimbursement of necessary expenses incurred when filing a justified complaint, with such expenses considered the lowest possible. This includes postal costs for sending the complained goods. The buyer-consumer must request reimbursement of these costs without undue delay, no later than one month after the expiry of the period for exercising rights from defective performance.

VI. Refusal to Accept Goods for Complaint Processing

The seller is entitled to refuse to accept goods for complaint processing if the goods or their components are contaminated.
The seller is also entitled to refuse to accept goods for complaint processing if they are not presented in compliance with hygiene regulations and general hygiene standards.
For safety reasons during transport and handling, the seller is entitled to refuse to accept goods for complaint processing if the motor oil and fuel have not been removed.

VII. Complaint Procedure

The seller's complaint department or the seller's designated employee will:
Acknowledge the defect and process the complaint without undue delay,
Accept the complained goods for expert assessment, based on the results of which the complaint will be acknowledged as justified and processed within the statutory period or rejected,
Reject the complaint as unjustified.
The seller will inform the buyer of the outcome of the complaint within a reasonable period, either in writing or via one of the remote communication means.
In the case of a rejected complaint, the seller will issue the consumer a written justification for this rejection.
IX. Collection of Goods after Warranty Repair
After resolving the complaint, the seller will inform the buyer by SMS, email, or phone. If the goods were sent by courier, they will be returned to the buyer after resolution.
The seller will issue or send the buyer a written confirmation indicating the date and method of resolving the complaint, confirmation of the repair, and the duration of the complaint process, or the justification for rejecting the complaint.
When collecting goods after resolving a complaint, the buyer is obliged to present the document they received when handing over the goods for complaint processing or prove their identity.
This complaint procedure takes effect on October 14, 2024, and replaces all previous versions. Changes to the complaint procedure are reserved.

VIII. Withdrawal from the purchase contract and claims for entrepreneurs

Withdrawal from the purchase contract for entrepreneurs

In the event that the buyer is an entrepreneur and a material breach of the contract occurs (i.e., the goods do not have the functional properties explicitly declared by the seller), the buyer has the following rights:

to remedy the defect by delivering new goods without defects or by delivering the missing goods,
to remedy the defect by repairing the goods,
to a reasonable discount on the purchase price,
to withdraw from the contract in cases where the defect cannot be remedied otherwise.

Depreciation table for entrepreneurs

If the entrepreneur becomes entitled to withdraw from the contract, they agree that instead of a refund of the full purchase price, they will receive a voucher for the purchase of goods from the seller at the usual residual value of the goods. This value is determined according to the following depreciation table:

Number of months from the date of purchase	Value of the product as a percentage of the purchase price
0–6 months	100 %
6–12 months	85 %
12–18 months	70 %
18–24 months	65 %
24–36 months	50 %
36–48 months	35 %
48–60 months	20 %

In the event that the storage fee exceeds the value of the claimed goods, the seller is entitled to sell the goods and use the proceeds to cover the storage fees.

Conditions for entrepreneurs

The entrepreneur submits a claim by filling out a claims form on the seller's website.
Alternatively, the claim can be reported by phone or email, after which a claim number will be assigned. The claimed goods must be marked with this number.

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COMPLAINT PROCEDURE

Basic Information:

I. General Provisions

The seller acts within the scope of its business activity when concluding and performing the purchase contract. The seller is an entrepreneur who supplies products or services to the buyer directly or through other entrepreneurs.

II. Seller’s Liability

The seller is responsible for ensuring that the goods do not have defects upon receipt by the buyer. Specifically, the seller guarantees that at the time the buyer receives the goods:

The goods have the properties agreed upon by the parties, or if no agreement has been made, they have the properties described by the seller or manufacturer, or the buyer expected based on the nature of the goods and the advertising carried out.

The goods are suitable for the purpose the seller indicates or for which goods of this type are usually used.

The quality or design corresponds to the agreed-upon sample or model, if quality or design was determined according to an agreed sample or model.

The goods are in the appropriate quantity, measure, or weight.

The goods comply with the legal requirements.

An invoice (if the buyer has not received it electronically) and a warranty card are included with the goods for certain products. If no warranty card is included with the goods, the invoice is used to claim a complaint.

III. Rights Arising from Liability for Defects

The buyer may file a complaint with the goods in person at the seller's operational premises or registered office or send the goods by courier to the address Průmyslová 11/1472, 102 00 Prague.

The buyer must provide verifiable proof that the goods were purchased from Bateria Slaný CZ, s.r.o.'s online store or store (at least a copy of the purchase receipt or a properly completed warranty card).

The rights from liability for defects do not apply, particularly in cases where the defect or damage was caused by:

Breaking the protective seals and labels on the goods.

Mechanical damage to the goods.

Damage to the goods caused by electrical surges.

Improper installation, handling, or use contrary to the instructions or other documentation for use.

Damage to the goods caused by natural disasters or force majeure.

Damage to the goods caused by connecting them to a network that does not comply with relevant technical standards.

Due to the natural decrease in battery capacity caused by its wear and tear.

Use contrary to generally known rules of use.

If the presented warranty card shows clear signs of alterations to the information or the goods have a different serial number than what is listed on the warranty card.

IV. Individual Rights from Defective Performance

Legal relations arising from the seller's liability for defects are governed by the relevant provisions of generally applicable legal regulations, especially the Civil Code.

The seller guarantees to the buyer that the goods do not have defects upon receipt by the buyer.

Unless otherwise stated, the buyer-consumer is entitled to claim defects that appear within 24 months of the receipt of the goods. If a defect appears within 6 months of receipt, it is assumed that the goods were defective at the time of receipt.

The buyer is not entitled to claim rights arising from defective performance if the buyer knew about the defect before accepting the goods, or if the defect was caused by the buyer.

V. Exercising Rights from Defective Performance

The completed complaint form, along with a copy of the purchase receipt, a detailed description of the defect, and complete contact details (address, phone, email), must be delivered by the buyer to the seller’s registered office at Průmyslová 11/1472, 102 00 Prague.

The period for handling the complaint starts from the date of delivery of the goods to the seller or to the place designated for repairs. The goods should be properly packaged for transport to avoid damage; they should be clean and complete.

VI. Refusal to Accept Goods for Complaint Processing

The seller is entitled to refuse to accept goods for complaint processing if the goods or their components are contaminated.

The seller is also entitled to refuse to accept goods for complaint processing if they are not presented in compliance with hygiene regulations and general hygiene standards.

For safety reasons during transport and handling, the seller is entitled to refuse to accept goods for complaint processing if the motor oil and fuel have not been removed.

VII. Complaint Procedure

The seller's complaint department or the seller's designated employee will:

Acknowledge the defect and process the complaint without undue delay,

Accept the complained goods for expert assessment, based on the results of which the complaint will be acknowledged as justified and processed within the statutory period or rejected,

Reject the complaint as unjustified.

The seller will inform the buyer of the outcome of the complaint within a reasonable period, either in writing or via one of the remote communication means.

In the case of a rejected complaint, the seller will issue the consumer a written justification for this rejection.

IX. Collection of Goods after Warranty Repair

After resolving the complaint, the seller will inform the buyer by SMS, email, or phone. If the goods were sent by courier, they will be returned to the buyer after resolution.

The seller will issue or send the buyer a written confirmation indicating the date and method of resolving the complaint, confirmation of the repair, and the duration of the complaint process, or the justification for rejecting the complaint.

When collecting goods after resolving a complaint, the buyer is obliged to present the document they received when handing over the goods for complaint processing or prove their identity.

This complaint procedure takes effect on October 14, 2024, and replaces all previous versions. Changes to the complaint procedure are reserved.

VIII. Withdrawal from the purchase contract and claims for entrepreneurs

Withdrawal from the purchase contract for entrepreneurs

In the event that the buyer is an entrepreneur and a material breach of the contract occurs (i.e., the goods do not have the functional properties explicitly declared by the seller), the buyer has the following rights:

to remedy the defect by delivering new goods without defects or by delivering the missing goods,

to remedy the defect by repairing the goods,

to a reasonable discount on the purchase price,

to withdraw from the contract in cases where the defect cannot be remedied otherwise.

Depreciation table for entrepreneurs

Number of months from the date of purchase

Value of the product as a percentage of the purchase price

0–6 months

100 %

6–12 months

85 %

12–18 months

70 %

18–24 months

65 %

24–36 months

50 %

36–48 months

35 %

48–60 months

20 %

In the event that the storage fee exceeds the value of the claimed goods, the seller is entitled to sell the goods and use the proceeds to cover the storage fees.

Conditions for entrepreneurs

The entrepreneur submits a claim by filling out a claims form on the seller's website.

Alternatively, the claim can be reported by phone or email, after which a claim number will be assigned. The claimed goods must be marked with this number.