Returns

Returns

1. Introductory provisions

1.1 Return policy

1.1.1 This return policy was created in accordance with § 2166 of the civil code and relates to goods purchased by buyers (hereinafter “buyer”) in the Queens shop (Queens.global), operated by Queens Store s.r.o., located at Stodolní 316/2, Moravská Ostrava, 702 00 Ostrava, identification number: 06551203, VAT identification number: CZ06551203, registered in the commercial register of the Regional Court located in Ostrava, file number C 72332 (hereinafter “seller”). This return policy clarifies the contents, extent, conditions and duration of liability for defective goods purchased in the Queens shop (Queens.global).

1.1.2 This return policy is intended for buyers – consumers who have purchased goods (hereinafter “goods”) in seller’s internet shop (hereinafter “internet shop). Only part 3 of this return policy, which describes how to return defective goods, applies to all buyers (including buyers – entrepreneurs). Buyer – entrepreneur is a person who meets the characteristics of an entrepreneur in accordance with § 420 Law no. 89/2012 Sb., of the civil code (hereinafter “civil code”). Part 2.5 of this return policy applies exclusively to entrepreneurs.

1.1.3 Goods represent goods purchased in the internet shop Queens (Queens.global).

2. Your rights in case of defective goods

2.1 What are defective goods

2.1.1 Seller confirms to buyer that purchased goods do not have any defects upon delivery. Especially when handing goods over, seller confirms to buyer that:

  1. goods are in such condition which seller mentions on the internet shop (usually in the item description) and which is listed in the purchase contract or in the order. In case such provision is nonexistent, goods are in such condition which would be expected based on advertisement of said goods or condition which has been described by seller or manufacturer,
  2. goods are fit for such usage that seller describes on the internet shop (usually in the item description) or for such purpose that said goods are usually used for,
  3. goods have been delivered in a corresponding amount, weight or dimensions and
  4. goods comply with legal regulations.

2.1.2 Defective goods are such goods that do not possess any of the above described characteristics in part 2.1.1.

2.1.3 If a defect appears within 6 months after taking goods over, it is thought that goods were already defective when delivery took place.

2.2 Instances when buyer is not entitled to claim defective goods

2.2.1 Buyer is not entitled to claim defective goods, quality guarantee is not applicable and neither seller nor manufacturer carry any responsibility:

  1. for defects and goods sold for a lower price than the price that was agreed upon,
  2. in the instance of goods worn out by regular use,
  3. in the instance of a defect resulting from improper use of goods,
  4. in the instance of used goods that were similarly used when taking them over by buyer upon delivery,
  5. for defects resulting from improper usage of goods and not following instructions given by manufacturer or distributor in provided documentation and on clothing.

2.2.2 Other warranty restrictions and interruptions are possible only when indicated by manufacturer or distributor of goods in their warranty conditions, and only as long as they are compliant with Czech law and legal regulations.

2.3 Instances buyer – consumer is entitled to in case of defective goods:

2.3.1 Delivery of new goods: buyer has the right to a delivery of new goods only when,

  1. it is appropriate in regards to the condition of the defect. In case only a specific part is defective, buyer is eligible for a replacement of that part according to part 2.3.2 or a free-of-charge defect removal of that part according to part 2.3.3., or
  2. it is not inappropriate given the condition of the defect, for instance if the defect can be removed without unnecessary delay (in such case, buyer has the right to a free-of-charge defect removal),
  3. defect that is removable has occurred repeatedly, or
  4. there are more defects that can be removed on the goods.

2.3.2 Replacement of a part of an item (goods): If a defect is present only in a part of a given item (such as a defective shoelace in shoes that are otherwise without any defects), buyer is authorized to demand an exchange of that given part. Buyer is also authorized to demand an exchange in case of repeated defects in goods or if there are more defects in those parts of goods.

2.3.3 Free removal of defects of goods

2.3.4 Withdrawal from purchase contract: Buyer can withdraw from the purchase contract only when,

  1. delivery of new goods is not possible, alternatively a replacement of a part of a given item,
  2. the defect is removable and has occurred repeatedly, or
  3. there are more defects that are removable on the items.

2.3.5 Adequate discount: Buyer can demand an adequate discount only if none of his/her rights from parts 2.3.1 – 2.3.4 above have been applied. Buyer can further demand an adequate discount even in cases when some of his/her rights from parts 2.3.1 – 2.3.3 above have been applied, but

  1. seller cannot supply new goods without any defects, exchange a part of an item (goods) or fix the goods, or
  2. seller does not ensure a timely repair, or
  3. ensuring a repair would cause buyer significant trouble and/or difficulties.

2.3.6 Rights from non-performance do not apply to buyer if he/she knew that goods were defective upon delivery (for instance if it was specifically stated before delivery in the purchase contract or in the internet shop) or if buyer caused the defect him/herself.

2.4 Period for claims from defective goods for buyer – consumer, quality guarantee

2.4.1 Buyer is entitled to apply his/her right for defects which occur within 24 (twenty-four) months after delivery. This is valid even if buyer has not received a warranty list or any other such document.

2.4.2 If it is stated in the purchase contract or in the item description in the internet shop that quality guarantee is applied to the given item, additionally if a warranty list is added to the item (goods), seller pledges that goods are eligible for regular usage or that goods will maintain their usual properties. Quality guarantee can be offered to an individual part of an item. Guarantee period starts at delivery when goods are taken over by buyer.

2.4.3 In case the purchase contract and the warranty list as per part 2.4.2 state different warranty periods, the longest one stated is valid, unless seller and buyer agree differently. An arrangement of shorter warranty period does not affect buyer’s right for claiming his/her right for defects in period as per part 2.4.1 where the shortening of the warranty period is not effective (is not taken into consideration).

2.4.4 A specific proclamation about quality guarantee as per part 2.4.2 has the same effect for sold goods, packaging, instructions included to sold goods or advertisement in agreement with other legal regulations in terms of the period throughout which goods can be used.

2.5 Rights from non-performance for buyer – entrepreneur

2.5.1 Rights of buyer – entrepreneur from non-performance are regulated by provision § 2099 – 2112 of the civil code.

3. How to return defective goods

3.1 Complaint (announcement) about defects on an item (goods)

3.1.1 Buyer is obliged to return (announce) defective goods and/or defects on goods in seller’s shops listed in part 4 of this return policy or to seller’s given address. Should another entrepreneur intended for repairs be listed in the warranty list, who is located closer to buyer or at seller’s shops, buyer has the right to have his/her defective goods and/or defects on goods fixed at such entrepreneur.

3.1.2 Buyer is obliged to send goods intended for return to seller, alternatively to specified entrepreneur, without unnecessary delay after buyer has sent his/her warranty claim. The period during which buyer is in delay with returning defective goods to seller is not included in the warranty period as per part 3.3.1.

3.1.3 We highly recommend buyer packages his/her goods intended for return so they are not likely to get damaged during transport, and alternatively to label goods as necessary due to their character (fragile, etc.). Buyer is fully responsible for returned goods and any damages until goods are delivered to and taken over by seller.

3.1.4 Buyer has the right not to take goods over as per the concluded purchase contract upon delivery in case goods show any defects. In this instance, goods will be sent back to seller. Seller is entitled to fix said goods and send them to buyer again in the shortest amount of time possible.

3.2 Procedure for claiming free-of-charge removal of defect on goods

3.2.1 In case buyer applies the right to have defects on goods fixed, and the warranty card lists a different entrepreneur from seller, whose principal place of business is at the same location as seller’s or closer to buyer’s, buyer will use said entrepreneur listed in the warranty card, alternatively in a document that supplies the warranty card.

3.3 Return settlement by seller

3.3.1 Seller will determine the return submitted by buyer – consumer immediately, alternatively within three business days in the event of complicated cases. This period does not contain the time that might be necessary to professionally assess given defect(s). Seller is authorized to settle the return timely and without unnecessary delay, alternatively within 30 days after return has been submitted by buyer – consumer. Seller will inform buyer about the return settlement by phone and/or by sending the return protocol as per part 3.3.2.

3.3.2 For the return settlement for buyer – consumer, seller is authorized to draw up a return protocol as per § 19 par. 1 Law no. 634/1992 Sb., for the protection of consumers, including at least:

  1. date of receiving list of defects;
  2. reasons for return;
  3. means of return settlement required by consumer;
  4. result of inspection of returned goods by seller or another contracting party (goods manufacturer or distributor);
  5. justification of legitimacy and way of settlement (repair or exchange of goods);
  6. justification for return refusal.

Seller is obliged to send the return protocol to buyer in a written form to his/her address listed in the buyer’s annou­ncement of defect complaints. Seller can also arrange sending the return protocol to buyer’s e-mail address.

3.3.3 The obligation to draw up the return protocol also applies to other persons involved in the defect repair.

3.3.4 Buyer is obliged to pick up goods within one month from the return settlement, and if the return was settled later, within one month from being notified about the settlement, unless seller and buyer do not agree differently. If buyer does not pick up goods in the quoted period, seller is entitled to charge storage costs and, if need be, seller will be entitled to sell given goods as per the terms and conditions of the internet shop Queens.global and the civil code.

4. Seller’s ad­dresses

4.1 Postal address for returns for Czech and foreign customers:

Queens Store s.r.o.
Výhledy 424/25
725 28 Ostrava Hošťálkovice
Czech Republic

4.2 Postal address for returns for Slovakian customers:

Queens Store s.r.o.
PO BOX 84
022 01 Čadca
Slovakia

4.3 Stores where warranty can be claimed and goods can be returned:

Queens Praha – Praha, Jindřišská 16, ZIP 110 00, Czech Republic

Queens Brno – Brno, Dvořákova 44/14, ZIP 602 00, Czech Republic

Queens Ostrava – Ostrava, Stodolní 316/2, ZIP 702 00, Czech Republic

5. FINAL PROVISIONS

5.1 This return policy comes into effect on July 1, 2018.