Complaint

The buyer can fill out the complaint form:

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or submit a complaint in writing, either by sending an email to info@aurumpro.cz or to the address of the Seller's place of business:

VMJ PRO, s.r.o.
AURUMPRO
Litoměřická 879/1
190 00 Prague 9

1. INTRODUCTORY PROVISIONS

These Complaints Procedure Rules apply to the purchase of any goods under the Purchase Agreement. The Complaints Procedure Rules specify in more detail the rights and obligations of the Seller and the Buyer, who may be a natural or legal person, i.e. an entrepreneur or consumer, as defined in Section 1 of these GTC. The warranty under these Complaints Procedure applies to goods that were purchased under a Purchase Agreement and for which a complaint was made during the warranty period.

2. DISPUTE WITH THE PURCHASE AGREEMENT

a. Consumer buyer

The claims of the consumer Buyer are governed in particular by the provisions of the Civil Code. If, upon receipt of the goods (receipt means the moment of receipt of the goods by the Buyer at the Seller's store or the moment of receipt of the goods by the Buyer from the carrier), the consumer Buyer the Buyer discovers damage to the delivered goods (i.e. any defect in the goods), any discrepancy between the delivery note, tax document (invoice) and the goods actually delivered, or any discrepancy between the description of the goods on the delivery note or invoice and the goods actually delivered (in particular in terms of quality, quantity or flawlessness of the goods), or if the delivery note or invoice was not correctly filled in and was not received with the shipment, we recommend that the Buyer contact the Seller in a demonstrable manner without undue delay after taking delivery of the goods in order to remedy such defects. In the case of a consumer Buyer, any discrepancy with the Purchase Agreement that arises within 6 months of the date of receipt of the goods shall be deemed to have existed at the time of receipt, unless this is contrary to the nature of the goods or unless proven otherwise. If the goods are not in conformity with the Purchase Agreement upon receipt by the consumer Buyer, the consumer Buyer shall be entitled to the Seller to bring the goods into conformity with the Purchase Agreement free of charge and without undue delay, either by replacing the goods or repairing them, as requested by the Buyer; if this is not possible, the Buyer may request a reasonable discount on the price of the goods or withdraw from the contract. If the consumer Buyer was aware of the non-conformity with the Purchase Agreement at the time of taking delivery of the goods and took delivery of the goods without reservation despite this, or if the consumer Buyer caused the non-conformity with the Purchase Agreement themselves, the consumer Buyer is not entitled to have the goods brought into conformity with the Purchase Agreement free of charge.

b. Buyer entrepreneur

The buyer who is an entrepreneur is obliged to inspect the goods as soon as possible after the transfer of the risk of damage to the goods. If the buyer inspects the goods or fails to arrange for them to be inspected at the time of transfer of risk of damage to the goods, they may only assert claims for defects discovered during this inspection if they prove that these defects were already present at the time of transfer of risk of damage to the goods.

The Seller is liable for defects in the goods at the time the risk of damage to the goods passes to the Buyer, even if the defect becomes apparent after this time. The Seller is also liable for any defect that arises after the transfer of risk of damage to the goods if it is caused by a breach of its obligations. If the Buyer is a business and discovers damage to the goods, any discrepancy between the delivery note, tax document or invoice and the goods actually delivered (in particular in terms of quantity, quality and design), they are obliged to notify the Seller of this fact without undue delay.

3. QUALITY GUARANTEE AND LIABILITY FOR DEFECTS IN SOLD ITEMS (WARRANTY)

The warranty period begins on the date of receipt of the goods by the Buyer. Unless a different warranty period is specified on the invoice, delivery note, or in the Online Store in accordance with the law, the Seller provides a warranty of 24 months from the date of receipt of the goods by the Buyer. The period from the exercise of the right to liability for defects until the time when the Buyer was obliged to take delivery of the goods after the repair was completed is not included in the warranty period. In the event of replacement of the goods, a new warranty period begins at the moment of delivery of the new goods.

4. IMPOSSIBILITY OF ENFORCING THE WARRANTY

The warranty does not apply and cannot be claimed in the following cases:

after the warranty period has expired;
wear and tear caused by normal use;
mechanical damage, damage caused by improper installation, improper handling or operation, or neglect of normal care;
the goods have been damaged by use or maintenance contrary to the conditions set out in the documents "How to care for coins and medals made of precious metals" and "How to care for medallions made of precious metals," which are contained in the Customer Support section of the Seller's website www.aurumpro.cz;
for goods sold at a lower price, the warranty does not cover defects for which the lower price was agreed;
for used goods, the Seller is not liable for defects corresponding to the degree of use or wear and tear that the goods had when taken over by the Buyer;
if items provided by the Buyer were used in accordance with the contract during the manufacture of the goods, the Seller is not liable for defects in the goods caused by the use of these items, unless the Seller, despite exercising professional care, could not have discovered the unsuitability of these items for the manufacture of the goods or informed the Buyer thereof, but the Buyer insisted on their use;
The Seller shall not be liable for defects in the goods which the Buyer knew about at the time of conclusion of the contract or, taking into account the circumstances under which the contract was concluded, should have known about, unless the defects relate to the characteristics of the goods which the goods should have had according to the contract.

5. PROCEDURE FOR MAKING AND HANDLING COMPLAINTS

Consumer buyer

The consumer buyer shall deliver the goods subject to complaint at their own expense and risk to any of the Seller's premises, preferably to the Seller's registered office. The Seller recommends that the goods be delivered for complaint together with any accessories and, if possible, in their original or replacement packaging. The Seller also recommends that the warranty card, delivery note or invoice be submitted together with the goods in order to speed up the complaint procedure. However, the Buyer is always obliged to prove that they purchased the goods from the Seller. The Seller or an employee authorized by the Seller shall decide on the complaint immediately, or in complex cases within three working days. This period does not include the time reasonably required for expert assessment of the defect, depending on the type of product or service. The employee shall draw up a document with the consumer Buyer confirming receipt of the complaint, which shall include a description of the defect, the method and deadline for resolving the complaint. Complaints, including the removal of defects, must be resolved within 30 calendar days at the latest, unless a longer period is agreed with the consumer Buyer. The 30-day period for settling the complaint shall commence on the day following the filing of the complaint by the consumer Buyer. After this period, the consumer shall have the same rights as if the defect could not be removed.

After the complaint has been settled, the Buyer will receive one copy of the Complaint Receipt, which will state how the complaint was settled. The Buyer shall file any further complaints regarding the replaced goods on the basis of this Document.

If, upon assessment of the claimed defect, the Seller finds that the complaint is unfounded, it shall inform the consumer of this fact without undue delay, but no later than 30 days from the date of the complaint. If the complaint is assessed as unfounded, this fact shall be stated in the Complaint Receipt.

In the event of a justified complaint, the consumer Buyer is entitled to reimbursement of necessary costs incurred in connection with exercising their rights arising from liability for defects. Individual claims of the consumer Buyer arising from liability for defects are derived from whether or not the claimed defect can be removed.
1. removable defects
  
  If the defect can be removed, the Buyer has the right to have it removed free of charge, in a timely manner and properly, and the Seller is obliged to remove the defect without undue delay. If this is not possible in the case of a defect in the goods that is otherwise removable, due to its nature, the Buyer may request replacement of the goods, or if the defect concerns only a part of the goods, replacement of that part. If this is not possible, the Buyer may request a reasonable discount on the price of the goods or withdraw from the contract. The Buyer also has the right to exchange the goods or withdraw from the contract in the case of removable defects, but the Buyer cannot properly use the goods due to the recurrence of the defect after repair or due to a larger number of defects. A higher incidence of defects means 3. a justified and recognized complaint of the same type, or 4. a justified and recognized complaint of a different type.
2. irreparable defects
  
  If the defect cannot be removed and prevents the proper use of the goods as goods without defects, the Buyer has the right to exchange the goods for new ones or withdraw from the contract. If the defect is irreparable but does not prevent the proper use of the goods and the Buyer is a consumer and does not request a replacement, they are entitled to a reasonable discount on the price of the goods or may withdraw from the contract.
Buyer entrepreneur

The buyer who is an entrepreneur is obliged to notify the Seller of any defects in the goods in a demonstrable manner without undue delay after discovering them.

The buyer shall deliver the goods subject to complaint at their own expense and risk to any of the Seller's premises, preferably to the Seller's registered office. The buyer is obliged to deliver the goods subject to complaint including accessories and, if possible, in the original or replacement packaging. The Seller further recommends that the warranty card, delivery note or invoice be submitted together with the goods in order to speed up the complaint procedure. However, the Buyer is always obliged to prove that they purchased the goods from the Seller.

The complaints department employee will assess the reported defect and decide on the validity of the complaint and whether it constitutes a material breach of contract or a minor breach, if possible immediately, otherwise within a time reasonable to the severity and extent of the defect. The Seller's employee shall draw up a Document of Acceptance of the Complaint with the Buyer, a business entity, in which they shall describe the reported defect and the method and deadline for resolving the complaint. If, upon assessment of the claimed defect, the Seller finds that the complaint is not justified, it shall notify the Buyer without undue delay, but no later than 30 days from the date of the complaint. If the complaint is found to be unjustified, this fact shall be stated in the Complaint Receipt.

Individual claims of the Buyer-entrepreneur arising from liability for defects are derived from whether the delivery of the defective goods constituted a material or immaterial breach of contract.
1. material breach of contract
  
  The contract is breached in a material way if the goods have defects that cannot be removed or a large number of defects that prevent their proper use. In such a case, the Buyer who is an entrepreneur may:
  1. request the removal of defects by delivering replacement goods for defective goods, delivering missing goods, and requesting the removal of legal defects,
  2. request the removal of defects by repairing the goods, if the defects are repairable,
  3. demand a reasonable discount on the purchase price, or
  4. withdraw from the contract.
  The Buyer who is an entrepreneur may choose between the above claims only if they do so in the notification of defects when making a complaint or within 2 days of this notification. The Buyer who is an entrepreneur may not change their choice without the Seller's consent. If the Buyer who is an entrepreneur does not make their choice of claims within the above-mentioned period, they shall have claims arising from defects in the goods as in the case of a minor breach of contract.
2. minor breach of contract
  
  The contract is breached in an insignificant manner if the goods have removable defects or a larger number of defects that do not prevent their proper use. In such a case, the Buyer who is an entrepreneur may:
  1. demand delivery of the missing goods and removal of other defects in the goods, or
  2. request a discount on the purchase price.
  The Seller is obliged to remedy other defects at its discretion by repairing the goods or delivering replacement goods. A reasonable period for remedying defects in the goods is 30 calendar days. In justified cases, a reasonable period may be set by the Seller differently. If the Buyer, who is an entrepreneur, does not inform the Seller of their disagreement without undue delay after notification of the deadline, it shall be deemed to have been agreed. If the Seller does not remove the defects within the above-mentioned deadline (or the deadline set in accordance with the above), the Buyer, who is an entrepreneur, may request a discount on the purchase price or withdraw from the contract. The Buyer who is an entrepreneur may withdraw from the contract only if they notify the Seller of their intention when setting the deadline for remedying the defect or within a reasonable period before withdrawing from the contract. The Buyer who is an entrepreneur may not change this choice without the Seller's consent.
  
  The business buyer cannot withdraw from the contract if they fail to notify the Seller of defects in a timely manner. Withdrawal from the contract shall not occur if the business buyer cannot return the goods in the condition in which they were received, except in cases the inability to return the goods in the condition in which they were received is not caused by the actions or omissions of the Buyer, or if the change in the condition of the goods occurred as a result of an inspection properly carried out for the purpose of detecting defects in the goods.
  
  If the value of the returned goods has decreased (due to partial consumption or wear and tear), the Buyer who is an entrepreneur is obliged to compensate the Seller for the amount by which the Seller benefited from the use of the goods. In this case, the Seller is entitled to offset the value of the wear and tear or consumption of the goods against the Buyer's claim for a refund of the purchase price. The purchase price is then paid to the Buyer in an amount reduced by the value of the wear and tear or consumption of the goods.
  
  Supervision of compliance with Act No. 634/1992 Coll., on consumer protection, as amended, is exercised by the Czech Trade Inspection Authority (www.coi.cz), ID No.: 00020869, with its registered office at Prague 2, Štěpánská, 567/15, Postal Code 120 00, which is also competent for out-of-court settlement of consumer disputes arising from the Purchase Agreement.

6. COMPLAINTS ABOUT GOODS DAMAGED DURING TRANSPORT

In the event of delivery of a shipment containing goods to the Buyer that is visibly damaged, the Buyer has the right to refuse to accept the shipment, stating the reason for the damage to the packaging. If the Buyer nevertheless accepts the shipment or discovers damage to the goods after removing the packaging, we recommend that the Buyer, in order to avoid any doubts and possible rejection of the complaint by the Seller, report the damage to the relevant carrier without undue delay after taking delivery of the goods, at the latest within 3 working days of taking delivery of the goods, and draw up a report on the damage to the goods with them. Based on this written report on the damage to the goods and the results of the carrier's investigation, the Seller will decide on the validity of the complaint. In the event of a delay by the Buyer in reporting a defect in goods damaged during transport, the Buyer shall lose all claims in connection therewith that they could assert against the Seller.