Complaints Policy

Rights and obligations of the Buyer

If a defect occurs in the goods, i.e. a condition where the goods are not delivered in accordance with the order, the purchase agreement, the contract for work or the General Terms and Conditions of Delivery, the buyer (customer) has the right to claim this defect.

The goods to be claimed, or the agreed part thereof, must be delivered back to the seller (contractor) in complete condition unless the buyer (customer) and the seller (contractor) agree otherwise in advance. The buyer shall enclose a written document (e.g. order confirmation or complaint report) with the order number, a detailed description of the defect complained of and the buyer’s contact details. In order to prove the claim, it is necessary to attach a photo or video documentation of the defect and send it to the responsible person of the seller (contractor) without delay.

In the event that the buyer (customer) hands over the goods to the seller for repair/warranty repair and the goods are not sufficiently packaged, the buyer (customer) acknowledges that the seller (contractor) shall not be liable for any defects or other damage resulting from the transport and subsequent handling of the goods (damage, deformation, scratches, breakage, loss of parts or accessories, etc.). Removal of such defects will be carried out upon approval by the buyer (customer) and then billed to the buyer (customer). This provision also applies by analogy to cases of repair of goods as separate contractual relationships, i.e. also to situations where the goods to be repaired are not the product of the seller’s (contractor’s) company and the customer (client) has ordered the repair of the goods (work) from the seller (contractor) separately.

Obvious damage to the goods, their packaging or incomplete delivery upon delivery must be immediately addressed with the carrier and the irregularities must be recorded in the waybill. The buyer (customer) is not obliged to accept such goods from the carrier and shall inform the Seller without undue delay of the damage found. The buyer (customer) shall duly check the completeness of the goods and their accessories on the day of acceptance or at the earliest possible date, but no later than within 5 working days.

In case of personal collection by the buyer (customer), the moment of acceptance of the goods is the moment of transfer of the risk of damage to the goods from the seller (contractor) to the buyer (customer). If the buyer (customer) does not inspect the goods upon acceptance, they can only complain about defects detectable during this inspection if they prove that these defects (e.g. missing accessories) already existed at the time of the transfer of the risk of damage to the goods. In order for the reimbursement of the actual costs reasonably incurred in connection with the claimed product (goods) to be accepted, it is necessary to specify these costs accurately, to inform the seller (contractor) of them without delay and, if necessary, to support them with proper invoices from subcontractors of necessary services, if the seller (contractor) so requests. The buyer (customer) is not automatically entitled to payment of these costs. The seller (contractor) reserves the right to first assess the complaint and determine whether the buyer is entitled to claim the goods and to determine the amount of allowable costs associated with the complaint. The right to reimbursement of the costs of the complaint is recognised for the duration of the basic warranty. In the case of an extended warranty, the buyer (customer) has the right to have the goods (product) repaired at the manufacturer’s (contractor’s) registered office, where the goods (product) will be delivered at their own expense, or to have the claimed parts delivered free of charge.

In the case of a complaint of a larger scale (multiple defects), the seller (contractor) has the right to assess the complaint at the place of assembly before the goods are dismantled.

The amount of eligible costs related to the complaint is determined by the General Terms and Conditions or the Transport Conditions of ŽALUZIE NEVA s.r.o.

Seller’s Rights and Obligations

The seller (contractor) is responsible for the fact that the goods are free from defects when taken over by the buyer (customer), in particular that at the time of handover the goods are in accordance with the provisions of Section 2161 of the Civil Code, i.e.:

• they conform to the agreed description, type and quantity as well as quality, functionality, compatibility, interoperability and other agreed properties,
• they are fit for the purpose for which the buyer requires them and to which the seller has agreed,
• they are delivered with the agreed accessories and instructions for use, including the assembly or installation manual.

The seller is liable to the buyer – consumer that, in addition to the agreed properties:

• the item is fit for the purpose for which an item of this type is normally used, also taking into account third-party rights, legal regulations, technical standards or code of conduct of the industry if there are no technical standards,
• in terms of its quantity, quality and other properties, including service life, functionality, compatibility and safety, the item corresponds to the usual properties of items of the same kind that the buyer may reasonably expected, also taking into consideration public statements made by the seller or another person in the same contractual chain, especially advertising or marking,
• the item is delivered with the accessories including packaging, including the assembly manual or other instructions for use that the buyer may reasonably expect,
• in terms of its quality or design, the item corresponds to the sample or template that the seller provided to the buyer before entering into the agreement.

If the buyer is a consumer, then the item shall be deemed as defective already upon acceptance if a defect occurs within one year of acceptance unless the nature of the item or defect rules it out. This period shall not run for the time for which the buyer is unable to use the item if the buyer pointed out the defect legitimately.

Liability rights for defects in the goods (product) by the seller (contractor) do not apply in particular to cases where the defect or damage has occurred owing to:

• mechanical damage to the goods or their parts,
• demonstrably impermissible interventions in the mechanism of the goods or parts thereof, and on the deliverables that, following acceptance by the buyer, have been processed, modified or inseparably connected with another item,
• natural disaster or as a result of another external event outside the seller’s (contractor’s) control or due to a repair made by a person other than a service provider,
• electrical overvoltage,
• demonstrably incorrect storage, improper use of the goods or parts thereof, improper maintenance, excessive load or overload, incorrect installation by the customer or a third party, unprofessional repair, unprofessional intervention, natural wear and tear, improper or negligent handling, the action of electrical, chemical or other mechanical influences, use of another non-original spare part or due to another influence that is not within the seller’s control,
• use of the goods or parts thereof contrary to the instructions for use (Technical Data Sheet) that are included in the Technical Data Sheet of the product at www.neva.eu, to defects that have arisen in connection with using the goods contrary to Czech National Standards (CSN) and customary use as well as in the event that defects were due to the deliverables being placed in unsatisfactory conditions,
• due to the fact that the deliverables were installed in equipment that is not at the current level of corresponding technical modifications, or to defects due to the fact that modifications have been made to the deliverables other than those stipulated for it by the manufacturer, seller or service provider,
• demonstrably unprofessional installation of the goods or parts thereof, or installation in unsuitable premises,
• deviations in the dimensions of the goods or parts thereof which do not exceed the manufacturer’s manufacturing tolerances as stated in the Product Technical Data Sheets on the website of the online shop,
• deviations in the inclined operation of the blinds that do not exceed the manufacturer’s manufacturing tolerance as specified in the Technical Data Sheets of the product on the website www.neva.eu,
• variations in slat tilt that do not exceed the manufacturer’s manufacturing tolerance as specified in the Product Data Sheets on the website, online shop.

The seller’s (contractor’s) liability for defects does not apply to:

• wear and tear caused by normal use of the goods,
• goods sold at a reduced price due to a defect for which the reduced price was agreed,
• in the case of used goods, for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer,
• or if it results from the nature of the goods.

The buyer that is a consumer is entitled to exercise the right arising from a defect that manifests itself in the goods within 2 years of their acceptance. The partiesare aware of the fact that a court will grant the right arising from a defect even in the event that the defect was not pointed out without undue delay after the buyer could have discovered it if exercising sufficient care, and that if the buyer pointed out the defect to the seller justifiably, the period in the first sentence of this article shall not run for the time for which the buyer is unable to use the item.

The seller shall issue to the buyer that is a consumer a written confirmation of when the buyer lodged the complaint, what is the content of the complaint and the manner of handling of the complaint required by the buyer that is a consumer, consumer’s contact details for the purpose of provision of information; the seller shall further issue a confirmation of the date and manner of complaint settlement, including confirmation of the repair completed and its duration, or a written justification for rejecting the complaint, as the case may be. An employee charged with complaint processing must be present in the seller’s business premises throughout the operating hours.

The seller or a person authorised by the seller shall decide on a complaint by the buyer that is a consumer immediately or, in complicated situations, within three working days. This time limit shall not include a reasonable period of time based on the type of product or service needed for professional evaluation of the defect. In the case of the buyer that is a consumer, the complaint including the removal of the defect must be settled and the consumer must be notified of it no later than 30 days of the complaint being lodged unless otherwise agreed between the seller and the buyer. The fruitless elapse of this period shall result in the buyer’s – consumer’s right to withdraw from the contract or demand a reasonable discount.

The seller shall issue the buyer – consumer with a confirmation of the date and method of complaint settlement, including a confirmation of the repair and its duration or, as the case may be, a written justification for rejecting the complaint.

The buyer can obtain more detailed information on the status of the complaint by writing to the e-mail address info@neva.eu or by calling +420 588 003 550.

The seller (contractor) has the right to assess the defect of the goods at the place of use or installation before the goods are dismantled. The seller (contractor) may send its technician or a technician of the supplier of the claimed components to assess the installation. If the seller or its supplier is not allowed to assess the installation on site, the seller has the right to reject the complaint.

The seller shall be liable for defects resulting from unprofessional installation or other unprofessional commissioning of the goods only if the installation of the goods was agreed in the purchase contract between the buyer and the seller and the installation was performed by the seller or a person authorised by the seller.

The transport of the goods for which a complaint has been lodged shall be borne by the buyer; if the complaint is found to be legitimate, the buyer who is a consumer may demand the payment of cost incurred due to the transport of the goods that were the subject of the complaint. The seller shall send repaired goods or replacement goods that were the subject of the complaint to the buyer at the seller’s expense.

Lodging of Complaints

The buyer (customer) files a complaint with the responsible employee of the seller. A complaint may be lodged non-stop using e-mail or in person or by phone throughout the company’s operating hours, and the seller’s contact details for complaint lodging purposes are as follows:

ŽALUZIE NEVA s.r.o.
Registered office: Háj 370, 798 12 Kralice na Hané
Company ID No.: 26301270
Registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 42544
E-mail: info@neva.eu
Phone: +420 588 003 550

The buyer (the customer) is obliged to prove that their claim for the settlement of the complaint is justified, i.e. that in addition to the complaint of defects, they also document the data on the acquisition of the goods (which they prove with the relevant document and the warranty certificate, if issued). The buyer (customer) must lodge a complaint without undue delay within the time limits according to Section 2112 and Section 2618 of the Civil Code.

Within the complaint, the buyer shall also specify:

• proper identification of the buyer, place where the defective deliverables are located,
• name of the customer’s employee who reports the defect and who is simultaneously authorised to report a defect, and his/her phone number(s),
• date of lodging the complaint regarding the defect,
• identification of the goods in which the defect occurs, including the delivery note (acceptance certificate, invoice or another similar document),
• description of the defect and circumstances under which it manifests itself,
• what right arising from defective performance it has chosen,
• the buyer that is a consumer shall be entitled to exercise the right from defects that occur in consumer goods within 24 months from acceptance of the goods.

If the buyer that is a consumer requests so, the seller shall confirm to the buyer in writing the scope and duration of the seller’s obligations in the event of defective performance. The seller has obligations arising from defective performance to the buyer that is a consumer at least to such an extent to which the manufacturer’s obligations arising from defective performance last. The confirmation shall specify the seller’s name, registered office and identification data, as well as any other data needed to establish its identity.

If necessary, the seller shall give a comprehensible explanation in the confirmation to the buyer that is a consumer of the content, scope, conditions and duration of the seller’s liability as well as the manner in which rights arising from the defect can be exercised. In the confirmation the seller shall also state that other rights of the buyer – that is a consumer – relating to the purchase of the item are not affected. Failure to meet these obligations is without prejudice to the validity of the confirmation.

The seller hereby informs the buyer that is a consumer that if there is a consumer dispute under a contract arising between them that cannot be resolved amicably, the consumer may file a motion for out-of-court resolution of such a dispute with a designated entity for out-of-court resolution of consumer disputes, which is

Czech Trade Inspection Authority
Central Inspectorate – ADR Department
Štěpánská 44
110 00 Prague 1
E-mail: adr@coi.cz
Website: adr.coi.cz

The consumer can also use the on-line dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.

The rules laid down by the Czech Trade Inspection Authority, which govern the procedure for the extra-judicial resolution of consumer disputes, as well as the application form for submitting a proposal, are available to the buyer on the website of the Czech Trade Inspection Authority at: adr.coi.cz or www.coi.cz.

If the seller of the service provider finds out that it does not involve a defect covered by liability for defects, the customer shall bear all expenses and costs associated with the complaint about the defect, in the amount of seller’s or service provider’s rates in force.

Warranty Period and Deadline for Applying a Complaint

The rights and obligations of the buyer and the seller concerning rights arising from defective performance shall be governed by the generally binding legislation (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code).

1. A complaint will be admitted on condition that:

• the complaint is lodged on time,
• the conditions set out in the Technical Data Sheet of the product, which can be found on the website www.neva.eu, or the generally known rules for the use of the item are complied with,
• the goods are not defective due to improper handling by the buyer (customer)/user or due to normal wear and tear,
• the warranty card (if issued) is presented,
• the purchase price for the work or the goods has been paid in full.

2. The warranty period is:

• 2 years of standard warranty + 2 years of extended warranty for the blinds and their components. Extended warranty – under the extended warranty, repairs of warranty defects will be carried out free of charge at the ŽALUZIE NEVA s.r.o. headquarters, or components for these repairs will be delivered to the customer free of charge, other related costs are not covered,
• 5 years of warranty on Somfy, Geiger and Elero motors,
• 2 years on electronics.

The warranty period shall start on the date on which the goods are handed over to the buyer (customer). Should the goods not be handed over and accepted due to lack of assistance on the part of the buyer (customer), the warranty period shall begin to run on the day when the goods or work were supposed to be accepted.

3. The warranty period is not to be confused with the normal service life of the goods, i.e. the period of time for which the goods, with proper use and care, can last given their characteristics, the purpose for which they are intended and the differences in intensity of use.

4. The seller is not responsible for an increase in the extent of damage if the buyer (customer) uses the goods despite being aware of the defect. A complaint about obvious defects (e.g. damage to the packaging of the goods) caused by the carrier must be made directly with the carrier upon delivery. In order to make a claim caused by the transport company, it is necessary to leave the goods at the place of delivery, including the original packaging, at the moment of discovery of the defect. Take appropriate documentation of the damage (photos, video, etc.) and ensure that a damage report is drawn up with the transport company.

5. If the buyer’s (customer’s) complaint is settled by replacing the defective goods with faultless ones, the new goods shall not be subject to a new warranty period, nor shall the time elapsing from the acknowledgement of the complaint to the moment when the buyer (customer) is obliged to take delivery of the goods be included in the warranty period. If the complaint is settled by repair, the time that elapses between the acknowledgement of the complaint and the moment when the buyer (customer) is obliged to take delivery of the repaired product is not included in the warranty period.

Repairable defects

1. Removable defects are those defects where their removal does not impair the appearance, function and quality of the products and the repair can be carried out properly. The seller (the contractor) is responsible for assessing the nature of the defect. The deadline for the removal of the defect will be set by the seller (contractor) in relation to its current operational possibilities.

2. If the defect is a removable defect, the buyer (customer) may demand that the defect should be removed free of charge and properly, and the seller (contractor) shall decide whether this shall be done by repair or replacement of the item (unless this is disproportionate to the nature of the defect). If the removal of the defect is not possible, the buyer (customer) may demand a reasonable discount on the price of the item or withdraw from the contract.

3. If the defect is a removable defect within the warranty period of already used goods, the buyer (customer) has the right to demand only free, timely and proper removal of the defect, while the seller (contractor) is obliged to remove the defect within the time limit set by it.

4. The seller (contractor) can always replace the defective item with a faultless one instead of removing the defect.

5. In the event that the complaint is settled by replacing the goods with faultless goods, the buyer (customer) is obliged to return the faulty goods to the seller (contractor). If the goods are not returned within 1 month of the replacement, the buyer (customer) will be charged for the goods at the price applicable at the time of purchase.

Irremovable Defects

1. Irremovable defects are defects which cannot be successfully and completely removed within the specified time limit. If the defect is irremovable and prevents the proper use of the product, the buyer (customer) may, at his option, demand:

• replacement of the goods for faultless goods
• termination of the purchase contract and reimbursement of the paid purchase price

2. The same rights belong to the buyer (customer) if the defects are removable, but if the buyer cannot use the product properly due to the recurrence of the same defect after repair or due to a greater number of defects. As a rule, such a product is considered to be one which has the same defect in the same place after at least two previous repairs.

3. If there are other irremovable defects that do not prevent the proper use of the product for its intended purpose, the buyer (customer) is entitled to a reasonable discount on the price. If there is a change in the customer’s price in the period since the purchase of the goods, the buyer (customer) will be granted a discount on the price valid at the time of purchase.

Removal of Defects in the case of Buyer – Consumer

If the buyer is a consumer, the provisions set forth in the article Removal of defects in the case of the buyer – consumer of the Complaints Policy shall apply in relation to the rights arising from defects instead of the provisions of the article Removable defects and the article Irremovable defects of the Complaints Policy.

If an item has a defect, the buyer may demand that it should be removed. At their discretion, the buyer may demand the delivery of a new item free from defects or the repair of the item unless the chosen method of defect removal is impossible or disproportionately costly as compared to the other method; this shall be assessed mainly considering the significance of the defect, the value that the item would have without the defect and the fact whether or not the defect can be remedied using the other method without considerable difficulty for the buyer.

The seller may refuse to remove a defect if it is impossible or disproportionately costly mainly considering the significance of the defect and the value that the item would have without the defect.

The provisions of Sections 1923, 2106 and 2107 of the Civil Code on the rights from defective performance shall not apply.

The seller shall remove the defect within a reasonable time after the defect was pointed out in order not to cause considerable difficulties to the buyer, and the the nature of the item and the purpose for which the buyer purchased the item shall be taken into account.

The seller shall take over the item to remove the defect at its own expense. If this requires the dismantlement of an item which was installed in accordance with the nature and purpose of the item before the defect manifested itself, the seller shall dismantle the defective item and install a repaired or new item, or pay the cost associated therewith.

If the buyer fails to take over the item within a reasonable time after being notified by the seller of the possibility to take over the item following repair, the provisions of Section 2159(3) of the Civil Code shall apply mutatis mutandis.

The buyer may demand a reasonable discount or withdraw from the contract if

• the seller refused to remove the defect or failed to remove it in accordance with Section 2170(1) and (2) of the Civil Code,
• the defect manifests itself repeatedly,
• the defect constitutes a fundamental breach of the contract,
• the seller’s statements or the circumstances make it clear that the defect will not be removed within a reasonable time or without considerable difficulty for the buyer.

A reasonable discount shall be determined as the difference between the value of the item without the defect and the value of the defective item that the buyer received.

The buyer may not withdraw from the contract if the defect in the item is insignificant; the defect shall be deemed not to be insignificant. The provisions of Sections 2110 and 2111 of the Civil Code shall not apply.

If the buyer withdraws from the contract, the seller shall refund the purchase price to the buyer without undue delay after receiving the item or after the buyer proves that they have sent the item.

The buyer may not withdraw from the contract or demand delivery of new goods if the buyer cannot restore the goods to the condition in which it the buyer received them. However, this shall not apply

• if the condition of the goods has changed as a result of an inspection done to identify a defect in the goods,
• if the buyer has used the goods prior to discovering the defect,
• if the buyer did not cause the impossibility to return the goods in an unchanged condition by their own acts or omissions,
• if the buyer has sold the goods before the discovery of the defect, if the buyer has consumed them or if the goods have been altered during regular use; if this has happened only partially, the buyer shall return to the seller what can still be returned and shall provide the seller with a compensation up to the amount in which the buyer benefited from the use of the goods,
• the buyer is not entitled to exercise the right from defective performance if the buyer had prior knowledge that the goods are defective before taking possession of them, or if the buyer caused the defect themselves.

The buyer shall not have any right arising from defective performance if the defect was caused by the buyer themselves.

Wear and tear of an item due to its customary use or, with respect to a used item, wear and tear corresponding to the extent of its previous use shall not constitute a defect in goods.

Handling a complaint by providing a discount

Upon agreement with the buyer (customer), a complaint may be resolved by providing an adequate discount. If the goods come with a warranty card, the discount and the reason for providing the discount shall be specified on this warranty card. The discount is authorised to be granted by the designated employees of ŽALUZIE NEVA s.r.o. If there is a change in the customer’s price in the period since the purchase of the goods, the buyer (customer) will be granted a discount on the price valid at the time of purchase.

Goods sold for lower Prices

1. Used products, or products that have defects that do not prevent the product from being used for its intended purpose, are sold only at lower prices.

2. The buyer (customer) must be notified about the fact that the goods show a defect and what type of defect it is. The seller shall not be liable for such defects in new or used products for which a lower price has been agreed.

3. If the price has been reduced for commercial reasons (e.g. due to a post-seasonal sale) and if the goods are sold as new, faultless goods, the seller is fully liable for the defects of the goods sold.

Dispute Resolution

Disputes arising in the context of the complaint procedure shall be decided by the general court at the registered office of the seller (contractor) unless the parties have agreed on another way of resolving their disputes.

Final Provisions

The buyer is obliged to get acquainted with the Complaints Policy, the General Terms and Conditions, the Transport Regulations before the actual purchase of the goods. The buyer accepts the Complaints Policy upon acceptance of the goods from the seller or carrier. The Seller reserves the right to amend the rules.

If the customer is a consumer, the provisions of the Complaints Policy that are worded by derogation from the law to the consumer’s detriment shall not apply to the customer.

The current text of the Complaints Policy shall come into effect on 1 July 2024, and the Complaints Policy in effect from 1 September 2019 shall expire on this day.

The wording of this Complaints Policy is in the Czech language. In the event of a dispute or any doubts in the interpretation of other language versions, the Czech language version shall be decisive at all times.