Complaints and returns

HUGO Bike s.r.o.
Poříčská 282,
Boršov nad Vltavou
Tel..:+420 735 750 755
E-mail: info@hugobike.cz

Article 1

Introductory provisions

1. The Buyer's rights arising from defective performance (hereinafter referred to as "claims") must always be exercised in accordance with these Claims Procedure. Matters not covered by these Complaint Rules shall be governed by the laws of the Czech Republic. The Seller shall make the Buyer aware of this Complaints Procedure in an appropriate manner and shall, at the Buyer's request, provide it to the Buyer in text form
2. The seller is not liable for defects in these cases:
   • if the item is defective at the time of acceptance and a discount on the purchase price is agreed for such defect,
   • if the goods are used and the defect corresponds to the level of use or wear and tear that the goods had when they were taken over by the buyer,
   • the defect has been caused by wear and tear caused by normal use or by the nature of the item (e.g. expiry of its useful life),
   • the defect is caused by the buyer and has been caused by improper use, storage, improper maintenance, interference by the buyer or mechanical damage.
   • the defect was caused by an external event beyond the seller's control.
   • if it is established that the damage to the product was not caused by the manufacturer or importer, but by the user (accident, improper handling or installation of unapproved accessories, interference with the design or electrical parts, improper repair, improper storage, etc.).
   • failure to claim under the warranty within the warranty period.
   • if there is a continuous decline in battery capacity that is less than 20 % over 300 charge cycles in the first 6 months of battery age and can be observed during use and storage.
   • if the product has not been properly used and maintained according to the instructions.
   • if a duly completed guarantee certificate has not been submitted when claiming under the guarantee
   • Wear and tear on individual parts (e.g. tyres, brake pads).

Article 2

Making a claim

1. The Buyer has the right to file a claim with the Seller at any of its premises where the acceptance of the claim is possible with regard to the range of goods sold, or at its registered office or place of business.
2. The Seller shall ensure the presence of an employee authorized to receive complaints during all operating hours,
3. The claim may also be filed with the person designated in the confirmation issued by the seller to the buyer, on the receipt or in the warranty card, if the designated person is in the place of the seller or in a place closer to the buyer.
4. The buyer is obliged to prove that he has the right to claim, in particular to prove the date of purchase, either by presenting a sales document, confirmation of the seller's obligations from the defective performance of the warranty certificate, or in another credible way.
5. If the exercise of the right to claim for defects should cause significant difficulties for the consumer, in particular because the item cannot be transported to the place of claim in the usual way, the seller shall assess the defect in agreement with the buyer either on the spot or in another way. In such a case, the buyer is obliged to provide the seller with the necessary assistance.

Article 3

Time limit for exercising rights

1. The buyer may exercise his rights from defective performance within 12/24 months from the receipt of the goods. In the case of used goods, the period for exercising the rights of defective performance may be reduced to 6 months. The seller shall indicate such a reduction in the time limit in the certificate of defective performance obligations or on the sales receipt.
2. The buyer can exercise his rights from defective performance within 6 months or 300 charging cycles - for the life of the battery. A battery is a consumer product with a limited lifetime. A continuous decrease in the battery's capacity that can be observed during use or storage is not considered a defect. This is a characteristic that is due to the natural aging and wear process of the battery. Therefore, this phenomenon is not covered by the warranty as long as this decrease is not greater than 20 % over 300 charge cycles within 6 months of the battery's age.
3. The buyer shall exercise his rights from defective performance without undue delay after he discovers that the goods are defective. The seller is not liable for the increase in the extent of the damage if the buyer uses the goods even though he is aware of the defect. If the buyer asserts the defect against the seller rightfully, the time limit for asserting rights under the defective performance does not run for the period during which the goods are under repair and the buyer cannot use them.
4. The time limit for exercising rights under defects cannot be considered as a determination of the life of the goods, which varies with respect to the characteristics of the product, its maintenance and the correctness and intensity of use or the agreement between the buyer and the seller.

Article 4

Complaint handling

1. The seller is obliged to decide on the complaint immediately, in more complex cases within five working days. This time limit does not include the time required for a professional assessment of the defect.
2. The Seller is obliged to issue a written confirmation to the Buyer, in which he/she shall indicate the date and place of the claim, the characteristics of the defect complained of, the method of handling the claim requested by the Buyer and the manner in which the Buyer will be informed of its handling.

In Boršov nad Vltavou 2.1.2017