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Complaint Rules

Preamble

The Complaint Rules specify in detail the procedure to be applied by the customer and Bata, if despite every effort by Bata to maintain the high quality of its offered goods, a justified reason is established on the customer's side to claim their rights based on Bata's liability for the defects of the goods sold.

Article I

Prevention

  • Clause 1: When selecting an article, it is necessary for the product type and size to accurately match the customer's needs. Before buying any product, the customer shall take into account the purpose of use, workmanship, materials and method of treatment of the article. Only articles that have been properly selected with respect to their function, assortment and size can reach the expected utility value and to comply with the respective purpose of use.
  • Clause 2: The customer must pay sufficient attention to the basic rules of use for the entire period of utilisation of the purchased article. It is particularly necessary to take into account all factors negatively influencing the full functionality and service life of the product, for example, excessive intensity of product utilisation or use of the product for unsuitable purposes.
  • Clause 3: Another necessary condition for maintaining the good condition of the article and its functionality is regular maintenance. It is necessary to realise that improper, inappropriate or insufficient maintenance of the article will substantially reduce its full functionality and service life. Through the Guarantee Certificate and other information materials, Bata provides its customers with the information necessary for proper care for all types of goods sold.
  • Clause 4: Various preparations and cleaning agents offered in Bata stores are intended to provide proper care and maintenance.

Article II

Basic complaint conditions

  • Clause 1: If a defect of the purchased article appears within the guarantee period, the customer has the right to claim the defect.
  • Clause 2: A defect means a change in (quality of) the article caused by the use of inappropriate or low-quality materials, failure to adhere to the technological procedure, improper technology, or, as the case may be, inappropriate design.
  • Clause 3: A change in (quality of) the article that occurred during the guarantee period due to wear and tear, due to improper use, insufficient or inappropriate maintenance, natural modification of materials, of which the article is made, due to any damage caused by the user or by a third party or due to other inappropriate intervention cannot be considered as a defect.
  • Clause 4: If the customer claims the right relating to the defect of the sold article in a proper manner, the complaint including removal of the defect shall be settled without undue delay within 30 days from the date the complaint is filed (unless Bata agrees on a longer period with the customer). The store manager or other competent employee of Bata shall decide on the manner of settling the complaint.
  • Clause 5: The claim is considered as properly filed if the complained article is complete and in hygienically acceptable condition (unsoiled, dry and hygienically harmless). Bata is entitled to refuse to accept any article for the complaint procedure that is in a hygienically unacceptable condition (Decree No. 91/1984 Coll. on measures against infectious diseases).

Article III

Place and manner of filing a claim

  • Clause 1: The customer may file their claim in any Bata store or directly at the company's headquarters. The customer shall file the claim in person or by mail. The customer shall prove the purchase of the complained article preferably in a Bata store by submitting the purchase document. Without submitting the purchase document, Bata will only start the complaint procedure if the customer proves or documents in any other credible manner that the complained article has been purchased in a Bata store (by an excerpt from a Bata Club account, by a bank account statement if payment was made by card, or by affirmation).
  • Clause 2: The store manager, or an employee authorised by the store manager, is obliged to issue a confirmation for the customer of when the complaint was filed, the subject of the complaint, and what method of solution the customer requests (complaint procedure commencement), and when and how the complaint has been settled, including justification if the complaint is rejected (complaint procedure termination).

Article IV

Complaint filing deadlines

  • Clause 1: Any right resulting from the defect (complaint) must be claimed within 24 months from takeover of the article. The complaint must be filed without undue delay immediately after the defect appears. Any delay and continued use of the article may cause worsening of the defect and devaluation of the article or may disallow objective assessment of the actual reasons for the current condition of the article, which may constitute grounds for rejecting the complaint.
  • Clause 2: The guarantee period may not be confused with the service life of the article, i.e. the period for which (provided the article is properly used and properly treated including maintenance) the article can withstand its use with regard to its features, purpose of use and differences in intensity of use. The guarantee period is a general administrative period, which has no connection with the normal service life of the respective product.

Article V

Removable defects

  • Clause 1: Removable defects are defects that can be removed by repair without any harm to appearance, function and quality of the article.
  • Clause 2: If a removable defect appears, the customer has the right to remove it free of any charge and in a timely and proper manner. Bata is obliged to remove the defect without undue delay; however, always within 30 calendar days after the claim is filed.
  • Clause 3: If this procedure is inadequate with regard to the nature of the article, the customer may require replacement of the article (for any article if required by the customer). If no replacement of the article is possible, the customer may withdraw from the contract or require a reasonable discount from the price of the article.
  • Clause 4: In the case of a removable defect the customer has the right to replacement of the article (for any article if required by the customer) or to withdraw from the contract, if the customer cannot properly use the article due to the repeated occurrence of the removable defect after the repair or due to a larger number of removable defects. A defect is considered as occurring repeatedly after the repair if the same defect that was repaired at least twice during the warranty period occurs for the third time. A larger number of defects of the article means the article has at least three removable defects at the moment the claim is filed.

Article VI

Irremovable defects

  • Clause 1: An irremovable defect is a defect which cannot be removed or the removal of which is not reasonable taking into account all decisive circumstances.
  • Clause 2: If an irremovable defect is in question preventing the article from being properly used as a defect-free article, the customer shall have the right to:
  • Require replacement of the article by a new defect-free one (by any article if required by the customer) or withdraw from the contract.
  • Clause 3: If the character of the irremovable defect does not prevent proper use of the article (e.g. aesthetic defects) and the customer does not require replacement of the article, the customer shall be entitled to an adequate discount from the purchase price or may withdraw from the contract. When providing the discount, the following aspects shall be taken into account: the nature of the defect, the degree and manner of product wear and tear, the period of product use and the possibilities of further use of the product.

The Complaint Rules have been elaborated within the meaning of Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll. on consumer protection.

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