Complaint Procedure

6.1
The Operator is liable to the Consumer for ensuring that the Goods are free of defects upon receipt. This does not apply if the subject of the Purchase Agreement is goods with defects that the Operator is obliged to inform the Consumer about, provided they are known to him or should have been known considering all circumstances.

6.2
If the Goods contain defects, the Consumer has the right to request delivery of new Goods without defects unless this is unreasonable due to the nature of the defect, or unless the Goods with defects were the subject of the Purchase Agreement and the Operator informed the Consumer of such defects, if known or reasonably should have been known. If the defect concerns only a part of the Goods, the Consumer may request a replacement of that part; if this is not possible, the Consumer has the right to withdraw from the Purchase Agreement.

6.3
The Consumer is also entitled to the delivery of new Goods or replacement of a part even in the case of a removable defect if the Consumer cannot properly use the Goods due to repeated occurrences of the defect after repair or due to multiple defects. In such cases, the Consumer has the right to withdraw from the Purchase Agreement.

6.4
If the Consumer does not withdraw from the Purchase Agreement or does not exercise the right to receive new Goods without defects, exchange a part, or repair the Goods, the Consumer may request a reasonable discount from the purchase price. The Consumer is entitled to a reasonable discount or may withdraw from the Purchase Agreement without providing an additional reasonable deadline if the Operator fails to repair or replace the Goods, does not do so within the agreed timeframe or method, refuses to remedy the defect, the Goods still have the same defect despite repair or replacement, the defect is of such severity that it justifies an immediate discount or withdrawal, or if the Operator declares or it is clear from the circumstances that the defect will not be remedied within a reasonable time or without causing significant inconvenience to the Consumer.

6.5
The Consumer is not entitled to rights arising from defective performance if the Consumer knew about the defect before receiving the Goods or if the Consumer caused the defect themselves.

6.6
The Operator’s liability for defects does not apply to wear and tear caused by normal use, to Goods sold at a lower price due to a defect for which the lower price was agreed, to used Goods with defects corresponding to the degree of use or wear present upon receipt by the Consumer, or if this follows from the nature of the Goods.

6.7
If a warranty is provided, the Consumer has the right to claim defective performance during the warranty period.

6.8
Upon the Consumer’s request, the Operator must provide a warranty certificate. If the nature of the Goods allows, proof of purchase containing the required warranty details may substitute for the warranty certificate.

6.9
If the Consumer exercises the right to have the defect repaired and a business entity other than the Operator is designated for warranty repairs, located in the same or a more convenient location for the Consumer, the Consumer shall claim the warranty repair from that entity.

6.10
A complaint, including defect removal, must be handled without undue delay, no later than 30 days from the date the complaint was submitted, unless a longer period is justified by an objective reason beyond the Operator’s control. After this period expires, the Consumer has the same rights as if a material breach of the Agreement had occurred.

6.11
The complaint period does not run if the Consumer has not provided all documents necessary for processing the complaint, until such documents are supplied.

6.12
After proper processing of the complaint, the Operator or an appointed entity shall invite the Consumer to collect the repaired Goods. If the Consumer does not collect the Goods within six months from the date they should have collected them, the Operator may sell the Goods. If the Goods are of higher value, the Operator shall notify the Consumer in advance and provide an additional reasonable period for collection. After sale, the Operator shall pay the Consumer the proceeds minus reasonable storage and sale costs, provided the Consumer claims the proceeds within the period specified in the Operator’s notice. The Operator may destroy the Goods at their own expense if they cannot be sold or if the expected proceeds would not cover the storage and sale costs.

6.13
The right to claim defects expires in the event of improper installation, improper commissioning, or improper handling of the Goods—particularly if the Goods are used under conditions inconsistent with those specified in the product documentation.

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7 Alternative Dispute Resolution

7.1
The Consumer has the right to contact the Operator (seller) with a request for remedy via email at info@beoverland.com if they are not satisfied with the way the seller handled their complaint or believe their rights have been violated. If the seller responds negatively or does not respond within 30 days, the Consumer may submit a proposal to initiate an alternative dispute resolution (ADR) procedure to an ADR entity under Act No. 391/2015 Coll. ADR entities include authorities and authorized legal persons under §3 of the Act. The Consumer may submit the proposal as specified in §12 of the Act.
The Consumer may also file a complaint via the EU online dispute resolution platform available at: http://ec.europa.eu/consumers/odr/index_en.htm.

7.2
ADR may be used only by a Consumer — a natural person who enters into and fulfills a consumer contract outside of their business activity, occupation, or profession. ADR applies only to disputes between the Consumer and the Seller arising from or related to a consumer contract and applies only to contracts concluded at a distance. ADR does not apply to disputes where the value does not exceed 20 EUR. The ADR entity may request a fee from the Consumer of up to 5 EUR including VAT for initiating the ADR procedure.