The following terms and conditions shall only apply if the buyer is a consumer (pursuant to Section 419 of the Civil Code).
You may claim the product in our store in Brno or send it by mail.
The claim must be attended without undue delay, no later than within 30 days.
How to claim a defect
A defect may only be claimed during the time period of 24 months from the receipt of the product. If any defect appears on/in the product, such defect must be claimed immediately. Continuous use of the product may worsen the defect, impair the value of the product or could be a reason for rejection of the claim.
The claimed goods must be complete (e.g. one shoe is not enough, only the whole pair), clean, dry and hygienically sound.
In the claim report the purchase of the product with the company SNOWBOARD ZEZULA s.r.o. must be proved by a receipt (sale receipt or invoice).
If case you claim the defect and send the product by post, please write directly on a copy of the document the reason for the claim, specify briefly the defect.
In case the defect is repairable, the customer has the right to a free, timely and proper repair. We will remove such defect without undue delay, however, no later than within 30 days from the receipt of the claim report.
Address for sending claim reports:
Palackého třída 170
612 00 Brno
Claims Procedure Rules
The Claims Procedure Rules efficiently specify the procedure of the customer and the company SNOWBOARD ZEZULA s.r.o. in case that, despite all efforts exerted by SNOWBOARD ZEZULA s.r.o. to maintain high quality of the offered goods, a justified reason arises on the customer's part to claim a defect.
The Claims Procedure Rules shall only apply if the buyer is a consumer (pursuant to Section 419 of the Civil Code).
Prevention of Defects
When selecting the product, it is necessary that the selected type and size of the product conform precisely to the customer's needs. Before the purchase of the product, the customer must consider the purpose, workmanship, material composition and the method of treatment of the product. Only the product which is properly selected in terms of its function, type and size, may fulfil its useful value and the purpose of use.
Any excessive or improper use of the product or an inappropriate use thereof may have an adverse impact on the function and the useful life of the product and may be a reason for rejection of the claim.
Proper and regular maintenance of the product is a necessary prerequisite for its good conditions and full functionality. We will advise you how to properly maintain your snowboard equipment.
General Claims Management Terms and Conditions
The buyer's rights arising from the liability for nonconformity with the purchase contract and from defective performance (hereinafter only as “claims”) must be lodged in accordance with the present Claims Procedure Rules, as amended, which form an integral part of the purchase contract between the seller and the buyer. The seller is obliged to acquaint the buyer with the contents of the Claims Procedure Rules in an adequate manner (e.g. by posting in the store, by publishing on the website).
If the buyer finds out that at the moment of takeover the product does not conform to the purchase contract or if any defect appears with the product, the buyer may claim the defect with the seller. A conflict with the purchase contract or a defect of the product shall not be established and the defect cannot be claimed if:
- the change of properties of the product has arisen in consequence of wear and tear or improper use, storage, improper intervention or mechanical damage
- the change of properties of the product has arisen in consequence of the buyer's failure to carry out necessary maintenance or in consequence of incorrectly performed maintenance
- the claim relates to the defect for which a lower price has been agreed
- if the product is used and the defect corresponds to the level of use or wear and tear which the product had had at the moment of takeover by the buyer
- the product is fully used within its useful value
The buyer should claim the defect at the place where s/he has bought the product. However, the buyer has the right to claim the defect at any store owned by the seller where they can accept claims with respect to the portfolio of the sold products, or at the seller's place of business or registered office. The exception is claiming defects with a person who is authorised to carry out repairs in the seller's confirmation on obligations in case of a defective supply.
The buyer should claim the defect without undue delay after s/he detects it. If the buyer keeps using the products even after the defect was established, thus causing a more extensive damage, the claim shall not be admitted.
The seller is obliged to ensure the presence of an employee authorised to manage claims in the store during the whole opening hours.
The buyer is obliged to prove that his/her claim is justified, i.e. to prove the place and the time of the purchase and the price of the purchased product. The buyer shall document the above mentioned by a sales receipt, the seller's confirmation of obligations in case of a defective supply, or in some other reliable manner.
Time Period for Claiming Defects
The buyer has the right to claim the defect occurred with the consumer goods within twenty four months from the acceptance thereof. Should any time period during which the object can be used (expiry date) be stated on the goods or the packaging, in the manual attached to the goods or in the advertisement in accordance with the applicable legal regulations, the provisions of the Civil Code regarding a quality warranty (Section 2113 et seq.) shall apply to the determination of the warranty period. The previous two sentences shall not apply to the goods sold for a lower price due to the defect for which such lower price has been agreed, to the wear and tear of goods caused by normal use, for the used goods to the defect corresponding to the level of use or wear and tear which the goods had had at the time of takeover by the buyer or if the nature of the goods implies so.
The right to claim defects shall expiry, if it has not been lodged during the time period for lodging the rights arising from defective performance.
The time interval between the moment the defect is claimed until the buyer is obliged to takeover the repaired product shall not be included in the time period for claiming defects.
The time period for claiming defects cannot be confused with a useful life of the product, i.e. the time period during which the product, if properly used and maintained, may remain functional with respect to its properties, the purpose and the intensity of use.
The seller is obliged to make a decision about legitimacy of the claim immediately, and in more complex cases within three business days. The time necessary for a professional assessment of the defect shall not be included into this time period.
The seller is obliged to issue for the buyer a written confirmation of the time the buyer has claimed the defect, what is the contents of the claim and which method of management of the claim the buyer requests; and the confirmation regarding the date and the method of claim management, including the confirmation of the repair and the time of duration thereof, or a written substantiation of rejection of the claim.
The claim, including defect removal, must be attended without undue delay, however, no later than within 30 days from the day the defect was claimed, unless a longer time period is agreed between the seller and the buyer.
The time period for attending the claims shall be suspended if the seller has not received all parts of the goods (e.g. for claims regarding to footwear the buyer is obliged to handover to the seller the whole pair, only one shoe is not enough) or the documents necessary for attending the claim. The seller is obliged to request the buyer to supplement the parts of the goods or the documents without undue delay. The time period is suspended until the requested objects or documents are supplemented by the buyer.
The seller has the right to decide on the claim alone and is not obliged to accommodate any buyer's requests for the assessment of legitimacy of the claim by a third party. The seller has also the right to decide on the method of performance of the repair at own discretion. The buyer is not allowed to have the product repaired by a third party without the seller's consent. In such case the buyer's right to a free repair ceases to exist.
The buyer is obliged to takeover the product as at the date stated in the confirmation of the attended claim. Should the buyer fail to collect the product within six months from the indicated date and providing that the buyer has been at least once invited to collect it within the mentioned time period, the seller has the right to liquidate the product.
Nonconformity with the Purchase Contract
Should the defect appear in the course of six months from the acceptance thereof, the goods shall be considered defective from the acceptance.
If the product does not show the properties described in Section 2161 of the Civil Code, the buyer may request a supply of a new faultless product, unless it is disproportionate with respect to the character of the defect, however, if the defect relates only to the part of the product, the buyer may request only replacement of the relevant part; and if it is not possible, the buyer may withdraw from the contract. If, however, such procedure is disproportionate with respect to the character of the defect, namely if the defect can be removed without undue delay, the buyer has the right to a free removal of the defect.
If the defect is repairable, the buyer has the right to a supply of a new product, or replacement of a part if s/he cannot use the product properly due to a repeated occurrence of the defect after the repair or due to a larger number of repairs. In such case the buyer has also the right to withdraw from the contract.
If the buyer does not exercise his/her right to withdrawal, the right to a supply of a new faultless product, replacement of a part thereof or a repair of the product, s/he may request a reasonable discount. The buyer has the right to a reasonable discount also if the seller is not able to supply a new faultless product, replace its part or repair the product, as well as in the case the seller fails to remedy within the reasonable time or if the remedy would cause significant difficulties to the buyer.
The buyer shall not be entitled to claim the defects if s/he has known about the defect prior to the acceptance of the goods or if the buyer has caused the defect himself.
If the product shows a defect which the seller is obliged to remove, and if the product is sold for a lower price or it is a used item, the buyer has the right to a reasonable discount instead of the right to replacement of the product.