Warranty terms

1. General provisions

  • These warranty terms were established in compliance with the provisions of  Act No. 40/1964 Coll., Civil Code, as amended, regarding the manner and basic conditions of claims for defective goods under warranty.
  • The warranty terms apply to complaints about defective goods within the warranty period.
  • The warranty terms comprise part of the purchase contract between the Seller and the Buyer.

2. Basic terms

  • Claim – means exercising the Buyer's rights regarding the defective goods, as registered by the Buyer with the Seller in person, in writing or by e-mail on the downloadable form (prevodnik.mekrs.cz) which contains identification of the Buyer, the goods, a description of the defect and its manifestations.
  • Warranty card – is a document issued by the Seller which contains the legally defined minimum requirements and sets specific conditions and the scope of the warranty for goods.
  • Buyer – is the subject that concluded a contract on goods purchase with the Seller.
  • Seller – is MEKR´S s.r.o., Kovová 1096, Hradec Králové.
  • Goods – is the purchased material from the range of MEKR´S s.r.o.
  • E-shop – is the e-shop at prevodnik.mekrs.cz.

3. Scope of the warranty

  • The warranty applies to:
  • Defects in the goods which manifest after the Buyer has accepted the goods and within the warranty period.
  • Incorrect delivery of goods = incorrect number of pieces, incorrect type or incorrect range.

4. Invalidity of the complaint

  • If the defect was not reported within the warranty period.
  • In the case of telephone ordering of goods.
  • In the case of telephone cancelling of ordered goods.
  • In the case that the incorrect number of pieces, incorrect type or incorrect range is reported later than 30 days after accepting the delivery.
  • In the case of intentional changes in data executed by the Buyer in the warranty card or in the delivery note.
  • In the case of unskilled installation, repairs or other interventions.
  • In the case of modifications that change the original characteristics or parameters of the goods, e.g. the surface finishes, dimensions, hardness etc.
  • If the goods are used, operated or handled contrary to their intended use.
  • In the case of damaged protective labels or seals if they were provided by the manufacturer.
  • If the goods are damaged by natural elements.
  • Returned goods are not a claim – if the customer returns the goods that were delivered in compliance with customer's requirements, the supplier reserves the right to charge a cancellation fee amounting to 20 % of the value of the returned goods.

5. Warranty period

  • The specific duration of the warranty period always corresponds with at least the minimum warranty period according to the Civil Code or the special legal regulations.
  • The warranty period starts on the receipt of the goods by the Buyer.
  • The period from the beginning of a claim to the moment when the Buyer is obliged to take over the goods after the warranty repair is finished is not included in the warranty period.
  • If the goods are replaced by new goods, the warranty period starts again at the moment of accepting the new goods.

6. Claims implied by the warranty

  • In the case of a justified warranty claim, the Buyer is entitled to claims implied by the warranty according to the Civil Code or other legal regulations.
  • The Buyer is entitled to:
  • Free, correct and timely removal of the defect if the defect can be removed; the right to have the defective goods or part replaced; if it is disproportionate due to the defective character or if such an approach is not possible, the Buyer is entitled to an adequate discount from the purchase price or to withdraw from the purchase contract.
  • Have the defective goods replaced or to withdraw from the purchase contract if the defect cannot be removed and if the defect prevents the proper use of the goods
  • Have the defective goods replaced or to withdraw from the purchase contract if the removable defects appear in greater number or repeatedly and if they prevent the proper use of the goods
  • An adequate discount from the purchase price or to withdraw from the purchase contract if the defects are other irremovable defects and if the customer does not require replacement of the goods

7. Accepting the goods

  • Acceptance of the goods is evidenced by signing the delivery note or the return receipt of the carrier or post office.
  • From the carrier or the post office, the customer shall only accept deliveries without visible damage. In the case of visible damage, the customer is obliged to write up a claim report with the carrier. If the customer, after unpacking the delivery, finds out that its contents were damaged by the transport, they shall immediately – within one working day – notify the Seller in writing or by phone.

8. Reasons for a claim

  • When settling a claim, MEKR´S s.r.o. follows valid legal regulations on consumer protection in the following cases:
  • The goods are damaged or non-functional
  • The goods were delivered incomplete
  • Different goods were delivered than had been ordered (the deliveries were confused etc.)
  • If various goods with different delivery times are ordered, the delivery may be divided – such a measure cannot be the basis of a claim.

9. Place and procedure of the claim

  • Returned goods must be delivered with the “Claim Report” form, which is available at prevodnik.mekrs.cz. The form may be handed in by person, sent by mail or emailed to Úpice or to Hradec Králové .
  • The place to register the claim is MEKR´S s.r.o. in Hradec Králové or in Úpice.
  • Transport costs for returning goods to the place where a claim is registered are paid by the Buyer; if the claim is accepted, the carriage charge is paid by MEKR´S s.r.o.
  • The returned goods are sent back to the customer at the expense of MEKR´S s.r.o. only in the case of an accepted claim.
  • An unjustified claim will not be accepted according to § 625 of the Civil Code.
  • Goods which are the subject of a claim or returned goods cannot be sent cash on delivery.
  • The Seller is obliged to conclude the claim procedure within 30 days of accepting the goods from the Buyer. If the Buyer registers the claim on goods in person with the Seller, the Buyer is obliged to collect the goods in person (even in the case of an unjustified claim) unless otherwise stated in the Claim Report. The claim procedure is completed on the day when the goods (even in the case of an unjustified claim) are prepared in the place where the claim was registered to be collected by the Buyer. If the Buyer sends the returned goods by mail, they will be returned to the Buyer (even in the case of an unjustified claim) by mail unless otherwise stated in the Claim Report. The claim procedure is completed on the day when the goods (even in the case of an unjustified claim) are submitted to be transported to Buyer's address stated in the claim.
  • The Buyer is obliged to cooperate with the Seller when settling the claim; the Buyer is especially obligated to take over the goods after the claim is settled.
  • A Claim Report is written about the course and result of the claim which is handed to the Buyer after the procedure is completed.

10. Conclusion

  • These warranty terms come into effect on 1st January 2011.


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