Complaint Policy

 

of the company GUMOTEX Coating, s.r.o.
with its registered office in Břeclav, Mládežnická 3062/3a, Postal Code 690 02, The Czech Republic
Company ID: 074 17 659, Tax ID: CZ07417659
reg. in the Commercial Register maintained by the Regional Court in Brno, Section C, File No. 108070
(hereinafter also referred to as the “Seller”)

Contact: eshop@gumotex.cz, or by phone 519 314 142

for the sale of products through the online store available at www.gumotexboats.eu/en.

1. General Provisions

This Complaint Policy governs the mutual rights and obligations of the contracting parties arising from defects in products in connection with or pursuant to a sales contract concluded between the seller and the consumer, i.e., a person who, when concluding and performing the sales contract, is not acting in the course of their business activities or in the independent exercise of their profession (hereinafter also referred to as the “buyer”), through the seller’s online store, as well as the procedure for handling complaints, deadlines, exclusions, etc.

This Complaint Policy is part of the Seller's Terms and Conditions.

By placing a binding order (e.g., by clicking the button to complete the order), the buyer confirms that they accept this Complaint Policy.

2. Rights Arising from Defective Performance

The rights and obligations of the contracting parties regarding claims arising from defective performance are governed by the applicable generally binding legal regulations.

The seller warrants the buyer that the product is free from defects upon delivery. The invoice serves as the sole proof of warranty for the product (simplified warranty certificate). In particular, the seller warrants to the buyer (unless the seller specifically notified the buyer prior to the conclusion of the sales contract that certain characteristics of the product differ and the buyer expressly agreed to this upon conclusion of the contract) that at the time the buyer took delivery of the product:

a)   the product possesses the characteristics agreed upon by the parties; and, in the absence of such an agreement, it possesses the characteristics described by the seller or manufacturer, or those that the buyer reasonably expected given the nature of the product and based on the seller’s or manufacturer’s advertising,

b)   the product is fit for the purpose for which products of this type are ordinarily used, taking into account the rights of third parties, legal regulations, technical standards, or industry codes of conduct where no technical standards exist,

c)    the product corresponds in quality or design to the agreed sample or model, if the quality or design was determined based on the agreed sample or model,

d)   the product, in terms of quantity, quality, and other characteristics – including durability, functionality, compatibility, and safety – correspond to the characteristics typically associated with products of the same kind that the buyer may reasonably expect, taking into account any public statements made by the seller or another party in the same chain of transactions, in particular through advertising or labeling – the seller is not bound by a public statement if the seller proves that the seller was not aware of it, or that at the time the contract was concluded it had been modified in at least a comparable manner to how it was made, or that it could not have influenced the decision to buy, and

e)   the product is delivered with accessories, including packaging, assembly instructions, and other user instructions that the buyer can reasonably expect.

If the complaint is justified (the product has a defect or defects covered by the seller’s liability for defects), the buyer has the following rights arising from defective performance:

a)   If the product is defective, the buyer may demand that the defect be remedied. At their discretion, they may request delivery of new products free of defects or repair of the products, unless the chosen method of remedying the defect is impossible or disproportionately costly compared to the other; this shall be assessed in particular with regard to the significance of the defect, the value the products would have without the defect, and whether the defect can be remedied by the other method without significant inconvenience to the buyer. The seller may refuse to remedy the defect if it is impossible or disproportionately costly, particularly in light of the significance of the defect and the value the item would have without the defect.

b)   The buyer may request a reasonable price reduction or withdraw from the contract in the following cases:

a.     the seller refused to remedy the defect or failed to remedy it in accordance with the requirements of the applicable generally binding legal regulations;

b.     the defect recurs;

c.     the defect constitutes a material breach of contract; or

d.     it is clear from the seller’s statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer.

A reasonable price reduction shall be determined as the difference between the value of the item without defects and the defective item received by the buyer. The buyer may not withdraw from the contract if the defect in the item is minor.

The withdrawal is effective against the seller as soon as the buyer’s notice of withdrawal is handed over to or delivered to the seller, provided that all legal conditions are met. In the event of withdrawal from the contract, the contract is rescinded from its conclusion, and the contracting parties shall return everything they have provided to each other under the contract.

In the event of withdrawal from the contract, the buyer shall return the complete product to the seller, including all accessories. The seller shall not refund the purchase price until the seller receives the product or until the buyer provides proof that the product has been shipped.

3. Exclusions

The provisions set forth in the preceding section of the Complaint Policy shall not apply to products sold at a reduced price due to a defect for which the reduced price was agreed upon, or to used products with defects corresponding to the degree of use or wear and tear the products had at the time of delivery to the buyer, or if such defects arise from the nature of the products.

The buyer is not entitled to remedies for defective performance if the defect was caused by the buyer.

Normal wear and tear resulting from the item’s usual use does not constitute a defect. Unless we expressly state in the product description that the item is intended for commercial use, it is intended for ordinary personal use (the item is not designed to withstand the stresses associated with commercial use).

If the product is used in a manner inconsistent with the instructions for use or a similar document, the buyer is liable for any defects resulting from such improper handling or from the handling and use of the product in a manner inconsistent with the instructions for use or a similar document. The seller is not liable for any defects resulting from such improper handling.

4. Deadlines for Filing a Complaint

The buyer may report a defect that becomes apparent within two years of receipt for new products, or within one year of receipt for used products; if the generally applicable laws of the buyer’s – the consumer’s – habitual residence provide for a longer period, that longer period shall apply.

If the buyer has justifiably notified the seller of a defect, the period for filing a complaint does not run during the time the buyer is unable to use the item. If the claim is resolved by replacing the products, a new period does not begin; instead, the period that began on the day the buyer received the original products remains decisive; this does not apply if generally binding legal regulations of the buyer’s – the consumer’s – habitual residence provide otherwise (for example, France). If the complaint is resolved by repair, the complaint period is extended if so provided by generally binding legal regulations.

If a defect becomes apparent within one year of delivery (in some countries, this period may be longer; for example, in France it is two years; the law of the consumer's habitual residence always applies), the product is presumed to have been defective at the time of delivery, unless the nature of the product or the defect precludes this. This period does not run during the time the buyer cannot use the item, provided the buyer has made a justified and valid complaint about the defect.

The buyer acknowledges that they shall provide the seller with the necessary cooperation to resolve the complaint; otherwise, the deadlines will be extended accordingly by the amount of time during which the buyer failed to provide the required cooperation.

5. Where to File a Complaint

The buyer shall assert their rights arising from defective performance with the seller (hereinafter referred to as the “place for complaints”):

a)   in person at the GUMOTEX company store (see above);

b)   in writing by sending the complaint to the address of the GUMOTEX company store, complaints department, and/or to the seller’s registered office (see above);

c)    in writing in electronic form by sending the complaint to the seller’s data box or to the seller’s email address (see the header of this Complaint Policy); and/or

 

6. How to File a Complaint

Procedure to File a Complaint:

a)   The buyer shall notify the seller of the complaint, i.e., send or deliver a written complaint to the place for complaints (see above) – we recommend doing so without undue delay after discovering the defect.

The buyer is entitled to notify the seller of the remedy for defects chosen by the buyer either at the time of reporting the defect or without undue delay after reporting the defect; a change in this choice without the seller’s consent is possible only if the buyer requested the removal of a defect that proves to be irreparable. If the buyer fails to choose their remedy for a material breach of contract in a timely manner, they shall have the same rights as in the case of a non-material breach of contract.

Ideally, the buyer should include proof of purchase with the complaint and provide their address, along with a phone number or email address, so that they can be notified of the status of the complaint process.

The seller shall issue the buyer with a written confirmation stating when the complaint was filed, its contents, and the requested method of resolution, immediately upon receipt of the complaint. If the complaint is filed in person, the confirmation will be provided immediately in paper form upon the buyer’s request; in all other cases, the confirmation will be sent by email. The confirmation serves only as proof of receipt of the complaint. The condition of the product as delivered by the buyer to the seller will be assessed as part of the complaint resolution process.

b)   Unless the seller notifies the buyer within 2 business days otherwise, the buyer shall deliver the product subject to the complaint in suitable packaging to the place for complaints (see above). In the case of a justified and valid complaint, the seller bears the costs of remedying the defect; the buyer is also entitled to reimbursement of reasonable expenses incurred in connection with filing a justified and valid complaint. These expenses are considered to be the minimum necessary. This primarily refers to postage for sending the complaint. For products that, due to their nature, cannot usually be sent by mail, the seller will arrange for pickup of the products or another reasonable method of transport upon prior agreement.

c)    The buyer shall accept the resolved complaint without undue delay after being notified of its resolution.

The seller shall not process a complaint regarding a product that is not returned with all components and/or accessories necessary for the use and diagnosis of the product in question (however, we recommend including all accessories with the product in question in any case) or that is excessively soiled beyond acceptable hygiene and/or safety standards.

7. Deadline for Resolving the Complaint

The seller will decide on the claim immediately; in complex cases, within three business days. This period does not include the time reasonably required, depending on the type of product, for a professional assessment of the defect.

Complaints, including the remedy of defects, will be resolved without undue delay, no later than 30 days from the date the complaint is filed, unless the seller and the buyer agree on a longer period. Failure to meet this deadline is considered a material breach of the sales contract.

8. Final Provisions

The buyer’s rights as a consumer in the event of defects shall always be governed by the mandatory provisions of the laws of the country of the buyer’s habitual residence, if such provisions are more favorable to the consumer. If the buyer’s habitual residence is not known to the seller at the time of concluding the contract, or unless the circumstances indicate otherwise, the seller shall, for the purposes of this Complaint Policy, rely on the delivery address specified in the order. This Complaint Policy sets forth the minimum procedure and rights.

This Complaint Policy is effective as of March 28, 2026, and supersedes any previous Complaint Policy.

This Complaint Policy is available at the seller’s headquarters, at the GUMOTEX company store, and online at the seller’s  online store: Complaint Policy gumotexboats.eu