In April of this year, Miroslava Markov ordered a new kitchen unit in a furniture store in Pardubice. The displayed kitchen was very popular, the seller was nice and even offered a discount on some colors.
Mr. Markov paid a twenty thousand deposit and ordered made in oli, it was just at a discount and cost 50 thousand. Then she changed the order to wenge, but the next day she changed her mind and the furnace just went back to the original executed. Only the businessman charged her a different price. The kitchen suddenly stt 61 thousand!
“I wanted to withdraw from the contract, but the seller only strictly informed me that in such a case I would not be bored,” the customer describes. But when she threatened to respond to the Czech Trade Inspection, the furnace just changed her mind and offered a discount. The final price of the kitchen was less than 54 thousand. It also looked like it was in its horseshoe.
And later the customer found out from the order letter that transport or assembly of kitchens is not included in the price. She refused to add anything else, and when the kitchen was made, she preferred to take it out of the store herself and also arrange assembly. And she was not surprised.
“Absolutely grab catches, scrubs, poor quality glazing,” he mentions the defects in the kitchen. “I’ve been working on the kitchen for five years, and now the city has a quality product in the rubbish at home,” he added, disappointed. And so she had an expert opinion prepared, which confirms that the kitchen is not of good quality and its price is overestimated. What about you? “The first claim is that I have to give the seller thirty days to repair it, they told me at the Czech Trade Inspection that if I want to withdraw from the contract, I should not complain at all. So who is right? ” pt se nae tenka.
you must complain about a badly made work
“At the moment, Mr. Markov cannot proceed otherwise than the said work will complain,” explains lawyer Pavel Nastis. In this case, it is a contract for work, more precisely a contract for the manufacture of things to order. According to the civil end, the stamp on the item made on the order is six months and the contractor is responsible for the fact that it is made on all the properties that the customer exchanged during the order.
The claims of the claimant are the same as in the case of the purchase of any consumer goods, ie in the case of a claim within six months from the transfer of more than one customer’s claim for repair or exchange. Only if the chosen method is not possible, the customer can withdraw from the contract first or request a discount.
In the event of a complaint, it is incorrect whether the product defects are remediable or irremediable. If it is a defect that can be removed, then the contractor is obliged to repair the product. “Mr. Markov would have the first to cancel the contract only in the event that it was a defect that could not be removed, and which also caused the so-called day inside,” says the lawyer.
Mr. Markov would have the first to cancel the contract in the event that the seller would not issue a complaint within the statutory period, ie within thirty days.
The seller is obliged to comply with the offered discount
However, the fact that the price of the kitchen unit is overestimated according to the expert, did not establish the first discount on the purchase price. “The entrepreneur is, of course, obliged to comply with the offered discount, otherwise he could be in favor of a sanctioned Czech trade inspection,” notes Nastis. On the other hand, for the first relationship between the entrepreneur and the customer, what is in the contract is decisive, ie what prices they have agreed on, and it does not matter if they can be cheaper somewhere.
However, a note in the order letter and the supplier’s argument that the deposit is irreversible contradicts the law. The backup must always be printed. If Mr. Markov resigned before the completion of the work, the contractor could only deduct costs from the labor. However, if Mr. Markov resigned as part of the complaint, ie after the completion, then the parties must sell according to the principles of unreasonable enrichment, so Mr. Markov bore the contractor kitchen and he bore all the pensions. In such a case, the contractor does not have to pay or value the work done.
Zkaznice d vrcen penz, ovem marn
Mr. Markov finally called on the company to return the price for 25 thousand. But no board. And I don’t even have a long reaction. So we asked Mr. Viovsky, who runs a furniture store, how it will be a problem. “The kitchen unit was made with high quality and exactly according to the customer’s requirements,” he said, adding: “In my opinion, the defects described by Mr. Markov are caused by unprofessional installation.”
However, rejecting a complaint is the first thing to sell. So Mr. Markov has no choice but to go to court today. “I would recommend customers to have the ship assembled directly by the contractor, so they can avoid rejecting the complaint on the grounds that they damaged the ship themselves,” recommends Nastis.
Have you ever had a complaint about poor quality goods?
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Saturday, December 7, 2013. The poll is closed.