A. GENERAL
This Complaints Procedure applies to goods purchased through the B2B system OCUN SALES /i.e. between two business entities. It does not apply to sales to the consumer/located on the Internet address: https://sales.ocun.com and to goods purchased via e-mails of the Customer Service Department. It applies to goods for which the rights of the buyer from product-liability are exercised during the warranty period (hereinafter referred to as “complaint”).
The Complaints Procedure has been prepared according to the relevant provisions of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “NCC”) and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the “Act”), implementing Directive (EU) 2019/771 of the European Parliament and of the Council of May 20, 2019 on certain aspects of contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/
EC and repealing Directive 1999/44/EC.
For the purposes of this Complaints Procedure,
Seller: company RP Climbing, s.r.o.
Buyer: any person (whether legal or natural) acting for a purpose that may be considered to be his business
Goods: any tangible objects /goods/ which are the subject of a contractual sale and purchase between the seller and the buyer
Seller’s liability
The Seller is liable to the Buyer for the fact that at the time the Buyer receives the goods
- The goods does have the characteristics described by the seller, or which is reasonably expected by the buyer with regard to the nature of the goods or on the basis of advertising carried out
- The goods does fit the purpose stated by the seller, or which the item of that kind is usually used
- The goods is in adequate quantity, functionality and quality
- The goods correspond to the quality and/or design of the sample or and/or advertising materials provided by the seller to the buyer prior to the conclusion of the purchase contract
- The goods comply with legislative requirements
The seller is not liable for defects without further
- For which a discount on the price of the goods was granted
- Caused by inappropriate use and common wear and tear
- Caused by an emergency
- Caused by excessive wear and tear beyond the normal, expected frequency of use, taking into account the nature of the goods
- Caused by poor storing
- Caused by unprofessional intervention and modification of the goods
- Caused by unprofessional maintenance or use contrary to the instructions for use and maintenance
- Caused by the carrier
The buyer’s right to claim the goods
If there is a defect in the purchased goods for which the seller is responsible, the buyer is entitled to claim this defect within the warranty period with the Seller.
Time limit for filing a claim
The warranty period is 24 months from the moment of receipt of the goods and begins at the moment of receipt of the goods by the Buyer (if the goods are not receipt in person, it begins at the moment of handover of the goods to the carrier by the Seller). Any non-compliance which becomes apparent within one year from the time of delivery of the goods shall be deemed to have already existed at the time of delivery of the goods, unless the Seller proves otherwise or unless such presumption is incompatible with the nature of the goods or the nature of the non-compliance. Any non-compliance which becomes apparent during the second year from the moment of delivery of the goods shall be deemed a non-compliance which has become apparent to the customer and for reasons on his part, unless proven otherwise, or unless there is a manifest defect due to the nature of the goods or the nature of the non-compliance. After a period of 24 months, any claims related to non-compliance of the goods can no longer be made, no complaints can be made.
Time limit for settling complaints
The complaint will be settled by the Seller without undue delay, but no later than 30 days from the date of receipt of the complaint from the Buyer. If the complaint form or photo documentation does not contain all the required data for a proper complaint (or if the goods are not physically sent from the CZ, SK and DE markets), and the Seller is forced to request their completion, the deadline for settling the complaint is suspended until the Buyer completes it entirely. If the goods
are repaired as part of the complaint procedure, the warranty period is extended by the time the product was repaired. A separate warranty is provided by the Seller for the repair. If the goods are exchanged as a part of the complaint procedure, a new warranty period begins when the facultative compensation is delivered. If the Buyer accepts this as justified complaint against his contractual partner, or the end customer whose complaint it is, before he knows the Seller’s position /provided within the relevant time limit/ or contrary to the position /negative/ of the Seller, he shall bear all risks, losses, costs and expenses associated with it /i.e. including the settlement of the complaint itself/.
The period starts from the moment the complaint is filed. The first day of the 30-day period is the day after the application. The day of application shall be the day on which the Seller received the consignment of the claimed goods in an eligible condition with a duly completed complaint form (to the address of the “Place to file a complaint”) or an electronic complaint with all the requirements. If the end of the period falls on a Saturday, Sunday or public holiday, then the period ends
on the next working day.
Place to file a complaint
The place to file a complaint is the main office of the complaint technician of RP Climbing, s.r.o., which is at Hrnčířská 1557, 295 01 Mnichovo Hradiště, Czech Republic.
B. COMPLAINT PROCEDURE
For each claimed product, the Buyer fills in a form located at www.ocun.com/service. If necessary, the Buyer can also use his own form. The form completed like this is an accompanying document for the claimed goods. Without a properly sent complaint form, the complaint procedure cannot be initiated.
Buyer’s obligations when filing a claim
- file a claim immediately after discovering the defect
- in the case of physical sending, send the goods in a condition suitable for settling the complaint
Initiating a claim
For CZ and SK markets
The completed form is attached to the claimed goods which are physically sent to:
RP Climbing s.r.o., Hrnčířská 1557, 295 01 Mnichovo Hradiště, Czech Republic.
For the DE market
The completed form is attached to the claimed goods which are physically sent to the German
collection depot:
Mailbox.com; RP Climbing – ID3694; Dresner Strasse 9; DE-02763 Zittau; Germany.
For other EU and non-EU markets
The completed form and photo documentation of the claimed goods, on which is the defect
clearly visible and labels with visible production number, is sent to: backoffice@ocun.com. If this
procedure is used, the Seller will carry out an immediate assessment and informs the Buyer what
is the conclusion and recommended course of action against the end customer.
Complaint settlement
The Seller shall notify the Buyer of receipt of the goods and initiation of the complaint procedure. For these purposes, it uses the contacts listed in the complaint protocol. After settling the complaint, the Buyer receives a protocol on the settlement of the complaint, repaired or new goods, or original goods, if the complaint is found to be unjustified (depending on the type of claimed defect and how the complaint is being handled). If the claimed goods cannot be repaired and it is not possible to provide facultative compensation, the Seller will issue a credit note to the Buyer. The Seller sends the settled complaint back to the Buyer’s address immediately. The Seller recommends that the Buyer retain the complaint protocol for possible warranty claims from the next complaint.
Costs associated with the complaints procedure
For justified claims (accepted)
The costs of transporting the justified claimed goods (i.e. for the CZ, SK and DE markets) are reimbursed by the Seller. The Buyer is entitled to require the Seller to reimburse demonstrably incurred
transport costs arised in connection with a legitimate complaint, which are customary and reasonable
at the time and place. If such a situation occurs, the Buyer issues a tax document (invoice) to the
Seller, in which it quantifies the amount of transport costs thus incurred, in the amount agreed by the
Seller before issuing the invoice.
- For unjustified claims (not accepted)
The costs of transporting unjustifiably or unjustly claimed goods are reimbursed by the Buyer. The
Seller is entitled to require the Buyer to reimburse transport costs arised in connection with the settlement of an unjustified complaint, which are customary and reasonable at the time and place. If such
a situation occurs, the Seller issues a tax document (invoice) to the Buyer, in which it quantifies the
amount of transport costs thus incurred.
Procedure for not accepting a settled complaint by the Buyer
In the event that the Buyer does not take over the goods from the carrier and does not respond to the request of the carrier or the Seller to take over the consignment, the Seller may charge the Buyer for additional costs associated with repeated delivery, storage costs and, where applicable, other demonstrably incurred costs and damages. If such a situation arises, exceeds the period of 90 days (starting from the date of initial dispatch from the Seller), the complaint procedure will be cancelled by the Seller without any future repair or replacement of the claimed goods.
Other conditions
The claimed goods must be clean, dry, hygienically fit and complete. Complained shoes must not be packed in airtight packaging for hygienic reasons. If these conditions are not complied with, the Seller has the full right to refuse the claimed goods and not to initiate the complaint procedure. When claiming goods from the CrashPads product group, when the defect occurs on the outer packaging, only this packaging is the subject of the complaint. Cannot claim the entire product. When claiming goods that are distributed in sets (i.e. in multiple sets of identical or different products), the subject of the complaint is each individual product /part/ of such a set, not the set as a whole.
C. PROCEDURE FOR RECEIPT OF GOODS FROM TRANSPORTATION
Receiving consignment from carrier
When receiving a consignment of thegoods from the carrier, the Buyer is obliged to visually thoroughly inspect the consignment before accepting it. In the event that the consignment is clearly damaged, the Buyer is obliged to state an explicit reservation about damage of the consignment to the driver on the shipping document, and to draw up a proper complaint protocol with the driver. If the delivery driver does not have a complaint protocol, it is possible to write a damage report on loose paper with all the necessary information. Detailed photographic documentation of the damage should also be carried out, in the interest of the Buyer. At the same time, the Buyer is obliged to deliver this information, including the photo documentation, electronically to the Seller within 48 hours of delivery of the consignment. As a last resort, the Buyer does not have to accept the consignment, and the complaint is then claimed with the carrier by the Seller.
Deadline for receipt of goods by the Buyer
The Seller grants the Buyer a period of 7 calendar days to carry out quantitative receipt and inspection of the delivered goods. If the Buyer is found to have non-conformities in the delivery, he must inform the Seller of this fact without delay /with the exact specification of the claimed missing goods/ and at the latest, within 7 calendar days after receiving the delivery. After the end of this period, a quantitative match claim cannot be made.
Contact details for handling complaints
RP Climbing spol., s r.o. Hrnčířská 1557
295 01 Mnichovo Hradiště
Phone: +420 326 211 716
backoffice@ocun.com www.ocun.com