EUwide delivery just €99, products are dispatched from EU warehouses
Home / Complaints ToS & Warranty

Complaints ToS & Warranty

Complaints ToS and Warranty of the online store EMSemszero.eu

(Run by the RationalFans s.r.o. company)

Do you have a complaint? If so, please inform us of it immediately at emszero.eu@gmail.com 

Each case has its own specifics, we will first try to find the most suitable solution for yours.

If you need to make a return to our warehouse, please send the item in question to the address:

Rationalfans s.r.o

Za farou 43a

Troubsko 664 41

Czech rep.

The warehouse is in operation on working days, all carriers should know it, there is no problem with return delivery. Write COMPLAINT visibly on the package.

You can find the full text of the complaints TOS below.

  1. INTRODUCTORY PROVISIONS

1.1. Subject of the complaints procedure. This complaint policy of RationalFans s.r.o., based in Troubsko, Za farou 43a, zip code 664 41, ID number: 073 53 171, registered in the commercial register maintained by the Regional Court in Brno, sp. stamp C 107725, (hereinafter referred to as "emszero.eu" or "we"), regulates the rights and obligations of the company RationalFans s.r.o. resulting from defective performance in the sale of goods through the online store EMSzero, operated at the website www.emszero.eu (hereinafter referred to as the "online store"), and also the rights and obligations of natural and legal persons, as well as state and local government bodies, resulting from defective performance when purchasing goods in the online store (hereinafter referred to as the "customer").

1.2. Consumer, entrepreneur, non-entrepreneur. The customer is either in the position of a consumer, entrepreneur or non-entrepreneur. For the purposes of this complaint procedure, a consumer is a natural person (person) acting outside the scope of his business activity or outside the scope of the independent exercise of his profession. A non-entrepreneur for the purposes of this Complaints Regulation is a legal entity not acting within its scope of business activities or as part of the independent performance of one's profession. A businessman for the purposes of this complaints procedure means a natural or legal person acting as part of their business activity or as part of the independent performance of his profession.

1.3. Legal regulations. This complaint procedure was developed in accordance with Act no. 89/2012 Coll., civil Code, as amended (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll., on protection consumers, as amended (hereinafter referred to as the "Consumer Protection Act"). Rights and obligations not expressly regulated by these complaints regulations are governed by the relevant provisions of the Civil Code and if the customer is a consumer, also the relevant provisions of the Consumer Protection Act.

1.4. Business terms and conditions. This complaint procedure is an integral part of the Internet Business Terms and Conditions of the EMSzero.eu store (RationalFans s.r.o. company), (hereinafter referred to as "business conditions").

1.5. Customer consent. A customer who entered into a contract with RationalFans through the online store, and who therefore familiarized himself with and agreed to the terms and conditions, by this transaction also confirmed that he has familiarized himself with this complaint procedure and expressly agrees with it, in its full scope.

 

  2. CLAIMS OF GOODS DEFECTS BY THE CONSUMER

2.1. Scope. This section of the Complaints Policy only applies to you if you are a consumer and modifies our legal responsibility for product defects, as well as rights and obligations from defective performance, which in this the connections arise for us as the seller and for you as the buyer.

2.2. Our liability for product defects. We are responsible for ensuring that the goods are free of defects upon receipt. We are responsible for the fact that the goods have the properties that we have agreed upon, and that in addition to the agreed properties:

2.2.1. the goods are suitable for the purpose for which goods of this type are usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards;

2.2.2. the goods by quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual characteristics of goods of the same kind that you can reasonably expect, even with regard to the public statements made by us or another person in the same contractual chain (e.g. the manufacturer), especially via advertising or labelling, if we are aware of such statement or advertisement or label;

2.2.3. the goods are delivered with accessories, including packaging, assembly instructions and other instructions for use that you can reasonably expect; and

2.2.4. the goods correspond to the quality or execution of the sample or prototype, if we have given you before the conclusion of the contract provided a sample or model of the goods in question.

2.3. Liability for defects caused by assembly or installation. We are also liable to you for a defect caused by the goods' incorrect assembly or installation, which was performed by us or at our responsibility according to the contract. This also applies if assembly or installation was carried out by you and the defect occurred as a result of a deficiency in the instructions we provided you with the goods.

2.4. Limitation of liability. We are not responsible for:

2.4.1. for goods sold at a lower price due to a defect for which a lower price was agreed,

2.4.2. for the wear and tear of the goods caused by their usual use,

2.4.3. for used goods having wear and tear corresponding to the degree of its previous use,

2.4.4. for defects in the goods, if this results from their nature, especially in the case of consumable and perishable goods,

2.4.5. if you knew before receiving the goods that the goods had a defect,

2.4.6. if you caused the defect yourself,

2.4.7. if we have specially warned you before concluding the contract that some feature of the goods you are buying may be different and you expressly agreed to it when concluding the contract,

2.4.8. for the compatibility of the sold parts of the goods with other parts that have not been approved by us or the manufacturer, unless compatibility has been expressly agreed in advance between us and you.

2.5. Time for exercising rights from defective performance. You are obliged to inspect the goods as soon as possible and convince yourself about its properties and quantity. You are obliged to exercise your right from liability for product defects with us without unnecessary delay after you are able to detect the defects. You can point out a defect that affects the goods within 2 years from receipt of the goods, in the case of used goods, then a defect that affects the goods within 1 year from the date of receipt of goods. Otherwise, your right from liability for product defects will expire.

2.6. Demonstration of defects. If a defect becomes apparent within one year of receipt, the goods are deemed to be defective upon receipt, unless the nature of the goods or defects precludes this. In that case, it is up to us, if we do not accept the claim, to prove that the goods were not defective at the time of receipt. If a defect appears after the expiration date one year from receipt, you will have to prove to us that the goods were already defective upon receipt.

2.7. Your rights in the event of a product defect. If the goods have a defect, you have the right to request the removal of the defect according to your choice:

2.7.1. by delivering new goods without defects; or

2.7.2. by repairing the goods.

You do not have the right to choose the method of removing the defect if the method chosen by you is impossible or disproportionately expensive compared to the second method, in particular taking into account the significance of the defect, the value which the goods would have without the defect, and whether the defect can be removed without significant difficulties in a second way for you as our customer.

2.8. Our right to refuse to remove the defect. We have the right to refuse to remove the defect if the removal of the defect is impossible or disproportionately expensive, especially with regard to the importance of the defect and the value which the goods would have should the goods have no defects.

2.9. The right to demand a reasonable discount or withdraw from the contract. The right arising from liability for defects consisting of the right to a reasonable discount or withdrawal from the contract due to a defect in the goods arises in the following cases:

2.9.1. if we refuse to remedy the defect or fail to remedy it within a reasonable time or without significant inconvenience to you as our customer,

2.9.2. if the defect occurs repeatedly,

2.9.3. if the defect is a substantial breach of the contract (i.e. especially if it is not possible to continue using the goods for the purpose for which the goods are intended due to the defect) or

2.9.4. if it becomes apparent from our statement or from the circumstances that the defect will not be rectified within a reasonable time or without significant difficulties for you as our customer.

The reasonable discount will be determined as the difference between the value of the goods without defects and the defective goods you received from us. However, you cannot withdraw from the contract if the defect is insignificant, i.e. minor or aesthetic defects.

2.10. Method of complaint. If you want to exercise your right from liability for defects, you must notify us of the defect in the goods by filing a complaint in time and handing the goods over to us for the purpose of verifying the claim. The best way to do this is to:

2.10.1. by sending the goods to the address of our headquarters, or

2.10.2. in person at the address of our headquarters, or

2.10.3. if another specified person is indicated in the document for the goods, on the packaging of the goods or in our online store to carry out a repair (e.g. service), then at this person's place.

If it is not possible to hand over the goods for the purpose of a claim due to their nature (e.g. due to their considerable dimensions or installation without the possibility of disassembly and reassembly), contact us by phone or email and we will instruct you on the next step.

2.11. Complaint matters. The goods must be handed over to us in a condition that allows the assessment of the legitimacy of the claim, in particular, it is not possible to hand over unreasonably soiled goods. When making a complaint, you must:

2.11.1. document that the goods were purchased from us,

2.11.2. state which product defect you are complaining about and how the defect manifests itself,

2.11.3. communicate how you request that the defect be eliminated (see Article 2.7. of these Complaints Regulations),

2.11.4. disclose your identification and contact information for the purpose of informing you about the handling of the complaint;

2.11.5. communicate the desired method of handing over the goods after handling the claim (personal collection or delivery to the address).

2.12. Confirmation of claim receipt. Once we receive your complaint, we will issue you with a written confirmation with details about the date of application of the claim, its content, the required method of settlement of the claim and your contact details’ data for sending information about handling the complaint.

2.13. Complaint processing. Your complaint, including possible removal of the defect, will be processed within 30 days from the date of acceptance of the complaint, unless we agree on a longer period together. You will have to process the claim within this period and the goods will be returned to you in the same way as they were handed over to us when the claim was made, if you do not request another method of return according to Art. 2.11.5. of this complaint procedure. In case there is no complaint processed on time, you have the right to withdraw from the contract or request a reasonable discount according to Art. 2.9.1. of this complaint procedure. If your complaint is accepted, the period of rights from defective performance is extended according to Art. 2.5. of this complaint procedure for the time it took us to process your complaint.

2.14. Reimbursement of claim costs. In the event that your claim is accepted, you have the right to compensation for the necessary expenses that were purposefully incurred when exercising the right from liability for product defects. If required exercise of rights from defective performance in pursuit of removal of the defect requires dismantling of the goods, the assembly of which was carried out in accordance with the nature and purpose of the goods before the defect became apparent, we will disassemble the defective goods and assemble them repaired or replace the goods, or we will reimburse you for the costs associated with it. In the event that the complaint was rejected, we are entitled to reimbursement of the necessary costs incurred by us in returning your goods. If you do not take over the claimed goods within a reasonable time after we have informed you about the possibility of the goods after taking over handling of the complaint, you owe a payment for storage in the amount of CZK 10 for each day started.

2.15. Claim confirmation. After processing the claim, we will issue you a confirmation of the date and method of processing your complaint, including confirmation of the repair and its duration, or written justification of rejection of the claim.

 

 3. COMPLAINTS OF GOODS DEFECTS BY ENTREPRENEURS AND NON-ENTREPRENEURS

3.1. Scope. This part of the complaints procedure only applies to you if you are an entrepreneur or a non-entrepreneur, and governs our liability for product defects.

3.2. Our liability for product defects. We will deliver the goods to you in the agreed quantity, quality and design. If the quality and design are agreed upon, we will deliver the goods to you in a quality and design suitable for the purpose apparent from the contracts’ beginning. If the quantity is determined only approximately, we will determine the exact quantity. In the event that the goods have a defect when the risk of damage passes to you, we are responsible for it. That doesn't apply in the event that it is a defect that can be recognized with the usual care at the time of the conclusion of the contract.

3.3. Limitation of liability. We are not responsible for a defect

3.3.1. for goods sold at a lower price due to a defect for which a lower price was agreed,

3.3.2. for the wear and tear of the goods caused by their usual use,

3.3.3. for used goods for wear and tear corresponding to the degree of its previous use,

3.3.4. for defects in the goods, if this results from their nature, especially in the case of consumable and perishable goods,

3.3.5. for product defects, if you knew about them before receiving the goods,

3.3.6. for product defects if you have caused them yourself.

3.3.7. if we have specifically warned you before concluding the contract that some feature of the goods you are buying differs and you expressly agreed to it when concluding the contract;

3.3.8. for the compatibility of the sold parts of the goods with other parts that have not been approved by us or the manufacturer, unless compatibility has been expressly agreed in advance between us and you.

3.4. Time for exercising rights from defective performance. You are obliged to inspect the goods as soon as possible and ascertain that the properties and quantity are as agreed in the contract. You are obliged to exercise your right from liability for product defects with us without unnecessary delay after you could have discovered the defects during a timely inspection and sufficient care. Any defects must be reported within 6 months of the delivery date, in the case of a hidden defect you have until 2 years after you received the item, but always without unnecessary delay after you discover the defect. Otherwise, your right for freedom from liability for product defects shall cease and shall not be awarded to you.

3.5. Your rights in the event of a minor breach of contract. If the defect is a minor breach of contract, you have the right:

3.5.1. to remove the defect, or

3.5.2. to be reimbursed a reasonable discount from the purchase price.

If you do not notify us of the chosen right, we can remedy the defect by repairing the goods, delivering new goods or by delivering what we have not delivered to you. You cannot change the chosen right later without our consent.

3.6. Your rights in the event of a material breach of contract. If the defect will constitute a material breach of contract, you have the right:

3.6.1. to remove the defect by supplying new goods without defects or by supplying missing goods,

3.6.2. to eliminate the defect by repairing the goods,

3.6.3. for a reasonable discount from the purchase price,

3.6.4. to withdraw from the contract.

Delivery of goods with such a defect, which we had to take care of immediately, is considered a material breach of contract: entering into a contract knowing that, had you foreseen it, you would not have entered into a contract with us; in other cases the breach of the contract is considered immaterial. If you do not notify us of the chosen right when reporting a defect or without undue delay thereafter, you have the same rights as for a non-material breach of contract. You can't change your pursuit of the chosen right later without our consent.

3.7. Impossibility to request withdrawal from the contract and delivery of new goods. If you cannot return the goods in the condition in which you received it, you cannot withdraw from the contract or request the delivery of new goods. This does not apply

3.7.1. if there was a change in condition as a result of an inspection to detect a defect in the goods, or

3.7.2. if you used the goods before the defect was discovered, or

3.7.3. if you have not caused the impossibility of returning the goods in an unchanged state by action or omission, or

3.7.4. if you sold the goods before the discovery of the defect, if you used them, or if you changed the goods during usual use; if this has happened only in part, you will return to us what you can still return and provide us with the rest of the compensation up to the amount in which you benefited from the use of the goods.

3.8. Method of complaint. If you want to exercise your right from liability for defects, you must notify us of the defect in the goods by filing a complaint in due time and return the goods to us for the purpose of verifying the claim. You can do so by:

3.8.1. by sending the goods to the address of our headquarters,

3.8.2. appearing in person at the address of our headquarters,

If it is not possible to return the goods for the purpose of a claim due to their nature (e.g. due to their considerable dimensions or its installation without the possibility of disassembly and reassembly), contact us by phone or email and we will instruct you on how to proceed.

3.9. Complaint matters. The goods must be handed over to us in a condition that allows the validation of the legitimacy of the claim, in particular, it is not possible to hand over unreasonably soiled goods. When making a complaint, you must:

3.9.1. document that the goods were purchased from us,

3.9.2. state which product defect you are complaining about and how the defect manifests itself,

3.9.3. state how you request the complaint to be handled (the requested method of handling the complaint may not subsequently be changed without our consent),

3.9.4. share your identification and contact details for the purpose of informing you about the handling of the complaint,

3.9.5. communicate the desired method of returning the goods after handling the claim (personal collection or delivery to the address).

3.10. Complaint handling. Your complaint will be processed within 45 days from the date of receipt of the complaint. About settlement, you will be informed of the claim and the goods will be returned to you in the same way as it was when the claim was made, unless we agree on another method of return. If your claim is accepted, the period to exercise your rights from defective performance is extended by the time it took us to process your complaint.

3.11. Reimbursement of claim costs. If your claim is accepted, you have the right to compensation for the necessary expenses that were purposefully incurred when exercising the right from liability for product defects. In the event that your claim will be rejected, we are entitled to reimbursement of the necessary costs incurred by us in returning your goods. If you do not take delivery of the claimed goods within a reasonable time after we have informed you of the possibility of taking over the goods after handling the complaint, we owe a payment for storage in the amount of CZK 10 for each day started in storage.

 

  4. QUALITY GUARANTEE

4.1. Quality guarantee. Please note that we do not provide any special warranty for the quality of the goods sold by us. However, you may have a quality guarantee against another guarantee provider (for this, see Article 4.2. of this complaint procedure), in the event that such other warranty provider declares that they will satisfy you above the scope of legal rights from defective performance, in particular by refunding the purchase price, replacing the goods or repairing them or in this context will provide a service if the goods do not have the characteristics specified in the warranty statement (warranty certificate). A guarantee for quality will also arise against another guarantee provider through a statement made in the advertisement available at the latest at the time of conclusion of the purchase contract.

4.2. Warranty provider. Please note that we do not have to be the provider of the guarantee, but e.g. manufacturer of goods or another person. Details of the warranty provider can be found in the relevant warranty statement (warranty certificate), if the goods in question are covered by warranty.

4.3. Warranty in special cases. If the warranty provider guarantees that the goods for a certain period of time at the usual use will retain its functions and performance, it is valid that you have at least the right to the delivery of new goods without warranty defects or to repair goods. The indication of the warranty period or the period of use of the goods on the packaging also has these effects on goods by its manufacturer.

4.4. Exercising warranty rights. In the event that the manufacturer of the goods offered in our online store (or another guarantee provider) provides a quality guarantee or other similar benefits for this product, you are obliged to exercise the resulting rights and settle directly with the manufacturer of the goods (or other warranty provider) who provides this special guarantee for quality or other similar benefits. You must complain about the defect covered by the warranty to the guarantee provider within the period determined by the length of the guarantee period. Please note that the rights arising from such quality guarantees or from other similar benefits provided by the manufacturer or other provider guarantees are not governed by this complaint procedure or our terms and conditions.

 

  5. FINAL PROVISIONS

5.1. Resolution of consumer disputes. If you are a consumer, we would like to explicitly draw your attention to the fact that consumer disputes arising from this complaint procedure or otherwise related to it are according to provisions of § 20d et seq. and § 20n et seq. Act No. 634/1992 Coll., on consumer protection, as amended regulations, as the subject of out-of-court settlement of consumer disputes, competent to resolve Czech business inspections. The Internet address of the entity for out-of-court resolution of consumer disputes is https://www.coi.cz/.

The consumer can also use the out-of-court settlement of a consumer dispute from a contract concluded online via a dispute resolution platform established by the European Commission at: http://ec.europa.eu/consumers/odr/.

5.2. Availability of the complaint procedure. This complaint policy is available on this website.

5.3. Coverage period. This complaint regulation takes effect on September 1, 2024 and replaces any previous complaint regulations or rules issued by RationalFans.