Consumer Complaints Procedure

This Consumer Complaints Procedure (hereinafter the “Complaints Procedure”) regulates the method and conditions for complaining about defects in goods purchased by a consumer through the powerofsoundus.com online shop from our company:

369sonic s.r.o., registered office: Lesní 318/7, Doubí, 360 07 Karlovy Vary

Business ID number: 19952589

Registered in the Commercial Register maintained by the Regional Court in Plzeň, section C, entry 44530

Address for delivery: Modřanská 96a, Prague 4, 147 00, Czech Republic

Contact e-mail address: info@369sonic.com

  1. What defects in goods are we liable for?
  • As the seller, we are liable for ensuring that the goods you order are delivered to you and that the goods are free from defects on receipt. This means that on receipt the goods, in particular:
  • conform to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
  • are suitable for the purpose for which you require them and to which we have agreed;
  • are supplied with the agreed accessories and instructions for use, including assembly or installation instructions.

We are not liable for defects that occur after the goods have been received.

If a defect becomes apparent within one year of receipt, the item is deemed to have been defective upon receipt, unless the nature of the item or the defect precludes this.

  • We are further liable for the goods, in addition to the agreed characteristics:
  • being appropriate to the purpose for which an item of this type is normally used, including with regard to the rights of third parties, legal regulations, technical standards or industry codes of practice, if there are no technical standards;
  • corresponding in terms of the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of items of the same type that you can reasonably expect, including with regard to our public statements, in particular advertising or labelling;
  • being supplied with accessories, including packaging, assembly instructions and other instructions for use that you could reasonably expect;
  • corresponding in terms of their quality or workmanship to the sample or template we provided to you before the contract was concluded.

We do not provide any quality warranty beyond the statutory period for consumers to complain about a defect.

  • Differences in colour shades in reality compared to electronic display devices cannot be considered as a defect in the goods. If the goods are not to your liking, you have the right to withdraw from the contract within 14 days of receipt of the goods in accordance with Article 6 of the General Terms and Conditions.
  1. In what period can you complain about a defect?
    • In the case of unused consumer goods, the buyer may complain about a defect that becomes apparent within two years of the date of receipt of the goods, unless a longer warranty period is stated on the web interface, in the documents accompanying the goods or in advertising.

In the case of used goods, the buyer may complain about a defect that becomes apparent within one year of receipt of the goods.

  • In the event that the goods are replaced or repaired, the new goods or the replaced parts and spare parts will not be covered by a new warranty period. However, the warranty period is extended by the period of time during which you were unable to use the goods due to the defect, i.e. in particular the period of time during which the goods were being repaired.
  1. What rights do you have due to defective performance?
    • Your rights due to defective performance are governed by the Civil Code, in particular Sections 2099 to 2117, as well as Sections 2165 to 2174b. Sections 2106 and 2107 on rights due to defective performance do not apply.
    • In particular, you are entitled to the following rights in accordance with the aforementioned provisions:
  4. Exchange of Goods

You may always request the replacement of the goods due to the existence of a defect upon receipt of the goods, unless the chosen method of correcting the defect is impossible or unreasonably costly compared to repairing the item; this will be assessed in particular with regard to the significance of the defect, the value the goods would have had without the defect and whether the defect can be corrected by a repair without significant difficulties for the buyer.

  1. Repair of Item

If goods can be repaired, you are entitled to have the defect corrected free of charge. If, during the course of complaint proceedings, it turns out that we are unable to repair the goods or a repair is unreasonably costly, in particular in view of the significance of the defect and the value that the item would have had without the defect, we are entitled to inform you of the refusal to repair. In such case, we will inform you immediately and you may choose another method of complaint handling, as specified here.

  1. Discount on Purchase Price

If there was a defect in the goods when you received them, you may claim a reasonable discount on the purchase price if:

  • we refuse to correct defects or do not correct them within a reasonable period or without significant inconvenience to the buyer;
  • we are unable to correct a defect that prevents you from using the goods properly or we are unable to replace goods with a defect (e.g. the goods are no longer manufactured); or
  • you cannot use the goods properly because of the recurrence of a defect after repair (the occurrence of the same defect after at least two previous repairs);
  • the defect is a material breach of the contract;
  • the goods suffer from multiple defects (simultaneous occurrence of at least three correctable defects, each of which prevents the goods from being used properly); or
  • it is apparent from our statement or the circumstances that the defect will not be corrected within a reasonable period (at the latest within 30 days of a complaint) or without significant inconvenience for the buyer.

A reasonable discount is determined as the difference between the value of the item without a defect and the value of the defective item received by the buyer.

  1. Refund (withdrawal from contract)

You can only claim a refund if:

  • we refuse to correct the defect or have not corrected it within a reasonable time or without significant inconvenience to the buyer;
  • we are unable to correct a defect that prevents you from using the goods properly or we are unable to replace goods with a defect (e.g. the goods are no longer manufactured); or
  • you cannot use the goods properly because of the recurrence of a defect after repair (the occurrence of the same defect after at least two previous repairs); or
  • the defect is a material breach of the contract;
  • the goods suffer from multiple defects (simultaneous occurrence of at least three correctable defects, each of which prevents the goods from being used properly);
  • it is apparent from our statement or the circumstances that the defect will not be corrected within a reasonable period (at the latest within 30 days of a complaint) or without significant inconvenience for the buyer; or
  • the defect was caused by incorrect assembly or installation that was carried out by us or under our liability under a contract; or if the defect was caused by a shortcoming in the instructions we provided you with the goods.

You do not have the right to withdraw from the contract if the defect is insignificant.

  • As a condition of exchanging goods or refunding money (withdrawal from contract), you must return the item in the condition in which you received it. There is an exception if:
  1. there was a change to the condition as a result of an inspection to determine the defect;
  2. you used the item before the defect was discovered;
  3. you did not cause the impossibility of returning the item in its unaltered condition by an act or omission; or
  4. you sold the item before the defect was discovered, consumed it or altered the item in normal use; if this has happened only in part, you will return to us what you can still return and will compensate us to the extent to which you benefited from the use of the item.
  1. When can rights due to defective performance not be exercised?
    • You are not entitled to rights due to defective performance if:
  • you caused the defect yourself; or
  • the defect occurred after the item was taken over;
  • the warranty period has expired.
    • The warranty and liability claims for defects do not apply to:
  • wear and tear caused by normal use of the goods (wear and tear caused by use includes a reduction in the capacity of batteries and accumulators);
  • defects in a used item corresponding to the level of use or wear and tear that the goods had at the time you took them over;
  • items where this is apparent from their nature (in particular goods that by their nature cannot last for the entire duration of the warranty term).
  1. How do I make a complaint?
    • You must file a complaint with us without undue delay after the discovery of the defect.
    • Complaints are accepted at any of our establishments where the acceptance of a complaint is possible with regard to the range of goods sold and at our registered office. For the fastest possible settlement of a complaint, we recommend using an establishment.

If you are interested in the repair of an item and the confirmation of the duration of the rights due to defective performance (warranty certificate) indicates an entity designated for repair, you are obliged to file a complaint with such entity. You are only obliged to do this if the entity is in the same place as us or in a place closer to you.

  • Recommended complaint procedure:
  • for faster processing, you can inform us about a complaint in advance by telephone, e-mail or in writing;
  • at the same time, it is advisable to inform us about what right you have chosen due to the defective performance, i.e. whether you are interested in a discount on the purchase price, replacement of the goods, repair of the item, refund of money, or other rights in accordance with this Complaints Procedure and the Civil Code;
  • deliver the goods complained about to us together with the complaint or subsequently (otherwise than by cash on delivery, which we do not accept) to the address of the registered office or establishment (or to the address of the entity designated for repair), when sending the goods we recommend wrapping them in suitable packaging so that they are not damaged or destroyed;
  • to facilitate the procedure, it is advisable to attach proof of purchase or a tax document – invoice, if issued, or other document proving the purchase of the goods, together with a description of the defect and a proposal on how to deal with the complaint.

Failure to comply with any of the above steps or failure to submit any of the above documents does not preclude the positive settlement of a claim in accordance with the statutory conditions.

  • The moment a claim is filed is the moment we are notified of a defect.
  • When you make a complaint, we will issue you with a written confirmation that includes the date of the complaint, what the content of the complaint is, what method of handling the complaint you require and your contact details for the purpose of providing information about the complaint’s handling.
  • Complaints, including the correction of defects, are handled within 30 days of the date of a complaint, unless a longer period is agreed with you in a particular case. We will inform you within this period of time regarding the settlement of a complaint, including the manner.
  • If you choose a right that cannot be granted for objective reasons (in particular in the case of non-correctable defects or in the case of replacement of goods that is not possible), we will promptly contact you. In such case, you may choose another right in accordance with this Complaints Procedure.
  • After a complaint has been settled, we will issue you with a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration or written reasoning for the rejection of the complaint.
  • In accordance with the Civil Code, you have the right to reimbursement of costs reasonably incurred in making a complaint about goods. You acknowledge that a right to claim these costs must be exercised within one month of the expiry of the period during which a defect should have been pointed out.

This Complaints Procedure is valid and effective from 08.03.2024 .

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Complaints Procedure for Entrepreneurs and Legal Entities

This Complaints Procedure for Entrepreneurs and Legal Entities (hereinafter the “Complaints Procedure”) regulates the method and conditions for claiming defects in goods purchased by an entrepreneur or legal entity through the online store 369SONIC from the company

369sonic s.r.o., registered office: Lesní 318/7, Doubí, 360 07 Karlovy Vary

Business ID number: 19952589

Registered in the Commercial Register maintained by the Regional Court in Plzeň, section C, entry 44530

Address for delivery: Modřanská 96a, Prague 4, 147 00, Czech Republic

Telephone number: +420 702 918 762

Contact e-mail address: info@369sonic.com

  1. Seller’s Liability for Defects
    • The seller is responsible for the goods being free from defects upon receipt. This means that on receipt the goods, in particular:
  • are in the agreed quantity;
  • correspond to the quality and workmanship agreed between the buyer and the seller, or an agreed sample or template, or are in accordance with the purpose evident from the contract, otherwise the usual purpose;
  • there is also a defect in the goods if the seller delivers to the buyer goods other than those agreed between them;
  • the goods are free from legal defects, i.e. the goods are free from third-party proprietary rights and the goods are accompanied by documents and papers necessary for the proper use of the goods.

The seller does not provide any warranty for quality and Section 2113 of the Civil Code does not apply, unless otherwise individually agreed.

  • Differences in colour shades in reality compared to electronic display devices cannot be considered as a defect in the goods.
  1. Buyer’s Rights due to Defective Performance
    • The Buyer’s rights due to defective performance are governed by the Civil Code, in particular Sections 2099 to 2117.
    • If a defect in the goods is a material breach of contract, the buyer has the following rights under defective performance:
  2. correction of the defect by the supply of a new item without the defect or by the supply of a missing item;
  3. correction of the defect by repair of the item;
  4. reasonable discount on the purchase price; or
  5. withdrawal from the contract.
    • If the defect in the goods is a non-material breach of contract, the buyer may claim:
  6. correction of the defect; or
  7. reasonable discount on the purchase price.
    • The buyer is obliged to inform the seller of the chosen method of resolving a claim when notifying the defect, otherwise the seller will decide on it. This choice can only be changed by agreement with the seller.

The buyer can only claim a reasonable discount on the purchase price if the defect cannot be corrected by repairing the item, or by supplying a new item without the defect or by supplying a missing item.

If the buyer considers a defect to be a material breach of contract, it is obliged to prove this to the seller.

The Buyer acknowledges that until it exercises its right to a discount on the purchase price or withdraws from the contract, the seller is entitled to deliver missing goods or to correct a legal defect (in particular to deliver missing documents).

  • Replacement of the goods or withdrawal from the contract cannot be requested if the buyer cannot return the goods in the condition in which it received them. This does not apply if:
  1. there was a change to the condition as a result of an inspection to determine the defect;
  2. the buyer used the item before the defect was discovered;
  3. the buyer did not cause the impossibility of returning the item in its unaltered condition by an act or omission; or
  4. the buyer sold the item before the defect was discovered or altered the item in normal use; if this has happened only in part, the buyer will return to the seller what it can still return and will compensate it to the extent to which it benefited from the use of the item.

 

  1. Impossibility of Exercising Rights under Defective Performance
    • The buyer is not entitled to rights resulting from defective performance if it knew about the defect before taking over the goods or caused the defect itself.
    • Liability claims for defects also do not apply to:
  • wear and tear caused by normal use of the goods;
  • defects in an item used corresponding to the level of use or wear and tear that the goods had at the time the buyer took them over;
  • items sold at a lower price – only in relation to a defect for which a lower price was agreed; or
  • if the nature of the item so requires.
  1. Complaint Procedure
    • The Buyer is obliged to file a complaint with the Seller without undue delay after the discovery of a defect. The seller’s contact address is designated for the receipt of goods complained about.
    • Binding complaint procedure:
  • for faster processing, the buyer can inform the seller about a complaint in advance by telephone, e-mail or in writing;
  • the buyer is obliged to inform the seller about the right it has chosen due to the defective performance, describe the defect and/or describe how it manifests itself;
  • the buyer will deliver the goods complained about to the Seller (otherwise than by cash on delivery, which is not accepted by the seller), and when sending the goods the Buyer is obliged to package them in suitable packaging so that they are not damaged or destroyed;
  • the buyer attaches a proof of purchase of the goods or a tax document – invoice, if issued, or other document proving the purchase of the goods.
    • The moment a complaint is made is the moment the seller receives the goods complained about.
    • In accordance with the Civil Code, the buyer has the right to reimbursement of costs reasonably incurred in making a complaint about goods. The buyer acknowledges that a right to claim these costs must be exercised within one month of the expiry of the period during which a defect should have been pointed out.

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This Complaints Procedure is valid and effective from 08.03.2024 .

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COMPLAINT RECORD dd

 

(to be completed by customer)

Company/buyer’s name and address:

 

 

 

 

 

Business ID number:
(and tax ID number)

 

Return address for sending goods:

(If the same as above, do not complete!)

 Contact person:

 

Telephone/fax:

 

Mobile phone:

 

E-mail address:

 

Notes:
Goods complained about:

 

 

Date of purchase:
(Date of issue of invoice)

 

Invoice number:
Detailed description of defect:

 

Proposed way to resolve complaint:

 

 

 

 

 

 

 

 

 
 

1. When claiming liability for defects, it is advisable to attach proof of purchase of the goods or the invoice, if issued, or another document proving the purchase of the goods.

2. When sending the goods, the buyer is obliged to pack the goods in suitable packaging so that they are not damaged or destroyed.

 

 

 

 

 

 

 

 

Date: __________________                             Buyer’s signature: _______________________________________
(to be completed by seller)

Date of receipt of complaint:

 

 

 

Complaint handled by:

 

 

 

Seller’s statement:

 

 

 

 

 

 

 

 

 

  Date:                                                   Seller’s signature:

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Form for Withdrawal from Contract Concluded Remotely

(complete this form and only send it back if you want to withdraw from the contract)

Withdrawal from Contract

– Addressee:        369Sonic s.r.o

Address: Modřanská 96a, Prague 4, 147 00, Czech Republic

E-mail address: info@369sonic.com

– I/We hereby notify (*) that I/we hereby withdraw (*) from a contract for purchase of the following goods/provision of the following services (*):

– Date ordered (*)/date received (*)

– First name and surname of consumer(s)

– Address of consumer(s)

– Date

 

– Signature of consumer(s) (only if this form is sent on paper)

(*) Delete as applicable or complete the information.