Refund & Returns Overview Czech Republic
6. RETURN OF WRONG, DAMAGED AND DEFECTIVE PRODUCTS
6.1. We are under a legal duty to supply Products that are in conformity with the Orders placed and the applicable legislation and regulations where necessary. Nothing in these terms will affect your legal rights to return faulty Products. If you return a Product that is faulty, the shipping costs will be refunded.
6.2 We are under a legal duty to supply Products that are in conformity with the Orders placed and the applicable legislation and regulations where necessary. Nothing in these terms will affect your legal rights (for reference see rights from defective performance under Czech law outlined in Clause 3 of the Terms and Conditions of Sale – Guarantees and Product Price Indication) reported below for your convenience.
IF YOU HAVE RESIDENCE OUTSIDE ITALY, PLEASE CAREFULLY CHECK THE LOCALIZATION SECTION AT THE BOTTOM OF THIS POLICY TO VERIFY IF ANY DISCREPANCIES TO THE ABOVE-MENTIONED TIMINGS SHALL APPLY IN ACCORDANCE WITH YOUR COUNTRY OF RESIDENCE CONSUMER PROTECTION REGULATIONS.
6.3. You must return the wrong, damaged or defective goods in the same condition in which they were delivered to you.
6.4. VW performs checks of all returned Products as wrong, damaged or defective in accordance with the procedure set forth under this Clause 6. Upon approval by VW, Products returned by you because they are wrong, damaged or defective shall be refunded in full, including the costs of delivery and return (in accordance with the procedure specified in Clause 5 above), and you shall be duly notified of the refund via a Refund Confirmation e-mail within a reasonable term.
6.5. If you have any questions or complaints about the Product, please contact our Customer Service Team or through our Contact Us page here.
3. GUARANTEES AND PRODUCT PRICE INDICATION
3.4 The prices of the Products are expressed in Euros (EUR), and they include Value Added Tax (VAT). Prices do not include shipping costs which are to be paid by you. Shipping costs will be added to the final total price at the time of placing the relevant order, according to the applicable shipping rates indicated on the Website.
3.10 In case of delivery of defective Products by the Vendor, the rights and obligations between the Vendor and you regarding the rights from defective performance, including our warranty liability, are governed by applicable laws (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2158 to 2174b of the Civil Code).
3.11 You may claim a defect that becomes apparent in the Products within two 2 (two2) years from the date of receipt of the Products unless otherwise agreed; if you have rightly claimed the defect to the Vendor, the period under the preceding sentence shall not run for the period during which you cannot use the Products. The Vendor shall not be liable to you if the Products are free from defects upon acceptance:
i. the Products comply with the agreed description, type and quantity as well as quality, functionality, compatibility and other agreed characteristics;
ii. the Products are suitable for the purpose required by you and agreed by the Vendor;
iii. the Products are supplied with the agreed accessories and instructions for use.
3.12 Unless the Vendor notifies you separately before the execution of the Contract that some of the characteristics of the Products differ and unless you expressly agree to this, the Vendor will be liable to you, in addition to the agreed characteristics under article Clause 3.11 of these Conditions of Sale, for the Products being:
i. suitable for the purpose for which the Products of the given kind are normally used, also considering third-party rights, legislation, technical standards or codes of conduct of the given sector, where there are no technical standards;
ii. compliant, in terms of quantity, quality and other characteristics, including durability, functionality, compatibility and safety, with the usual characteristics of Products of the same kind that you can reasonably expect, also considering public statements made by the Vendor or another person in the Vendor’s contractual chain, in particular advertising or labelling. The Vendor will not be bound by the public statement referred to in the preceding sentence if the Vendor proves that it was not aware of it or that it was modified at the time of the execution of the Contract in at least a comparable manner to that in which it was made or that it could not have an impact on the purchase decision;
iii. supplied with such accessories, including packaging and other instructions for use, as you may reasonably expect; and
3.13 If the Contract, the warranty certificate (terms), advertising or packaging of the Products set out different lengths of the warranty period, the longest of the periods will apply.
3.14 You are not entitled to the right arising from defective performance if the defect has been caused by you. A defect is not wear and tear caused by normal use or, in the case of a used Product, wear and tear reflecting the extent of its previous use.
3.15 If the Product has a defect, you may demand its removal. You may, at yours own choice, demand the delivery of a new Product without defect or the repair of the Product, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other method; this shall be assessed in particular with regard to the gravity of the defect, the value the Product would have without the defect and whether the defect can be removed by the other method without significant inconvenience to you.
We may refuse to remove the defect if it is impossible or unreasonably costly to do so, particularly with regard to the gravity of the defect and the value the Product would have without the defect. We shall remove the defect within a reasonable time after it has been claimed so as not to cause you significant inconvenience, taking into account the nature of the Product and the purpose for which you purchased the Product.
You may demand a reasonable discount or withdraw from the contract if (i) we have refused to remove the defect or failed to remove it in accordance with the above sections; (ii) the defect appears repeatedly; (iii) the defect is a material breach of the contract; or (iv) it is evident from our statement or from the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to you.
The reasonable discount shall be determined as the difference between the value of the Product without the defect and the defective Product received by you.
You may not withdraw from the contract if the defect is minor; it shall be deemed that the defect is not minor.
3.16 You shall be obliged to claim the defect without undue delay after you have had the opportunity to inspect the Products and could have discovered the defect with sufficient care, either by marking the defect or by notifying how the defect manifests itself. In particular, you shall be obliged to properly inspect the Products for quantitative or qualitative defects before signing the delivery note.
3.17 The Vendor is obliged to issue you with a written confirmation specifying the date on which you made the complaint, its content, what method of handling the complaint you require and your contact details for the purpose of providing information on the handling of the complaint.
Once we have received the faulty Product, we will carry out a thorough investigation and contact you with the outcome, while the complaint, including removal of the defect, must be handled and you must be informed of this within 30 (thirty) days from the date of making the complaint, unless we agree on a longer period. If we fail to handle the complaint within the specified period and fail to inform you of the method of its handling, you shall be entitled to withdraw from the contract or demand a reasonable discount on the purchase price.
We shall be obliged to issue you a confirmation of the date and method of handling the complaint, including a confirmation of the repair and the duration of the repair, or a written justification for the rejection of the complaint.
3.18 In order to lodge a complaint (for a defective Product or for any other case), you may contact us at any of our business premises (including our registered office), Customer Service or at: customer.service@viviennewestwood.com