Complaints procedure

In compliance with all applicable laws and regulations, the company Anna Maresova designers s.r.o. (hereafter “AMD”), with place of business at Kamenická 746/37, 170 00 Praha 7, ID No. (IČO) 24210234, tel. +420 778 065 388 and email address [email protected], as listed in the Commercial Register of the Municipal Court in Prague under Section C, Insert 188943, publishes this Warranty Claim Policy for the online store whoop.de.doo at the internet address https://whoopdedoo.love (hereafter “the Website”). 

This Warranty Claim Policy describes the conditions by which consumers who have purchased products on the Website (hereafter "the Buyer") can submit a warranty claim under the AMD product warranty. ThisWarranty Claim Policy forms an integral part of the AMD Terms and Conditions.

The rights and obligations of the Buyer and AMD arising from a warranty claim are governed by applicable laws, specifically by the provisions of §1914–1925, §2099–2117, and §2161–2174 of Act No. 89/2012 Coll. of the Czech Civil Code, as amended (hereafter “the Civil Code”). 

The Buyer can submit a warranty claim within two (2) years of delivery of the product; however, for products with an expiration date, the warranty period does not extend beyond said date.

If a product is found to be defective within twelve (12) months of delivery, it shall be deemed to have been defective on delivery, unless this is not possible due to the nature of the defect or the type of product. This period does not include time during which the Buyer is unable to use the product, granted their warranty claim is legitimate.

AMD guarantees that any product delivered to the Buyer is free of defects at the time of delivery, namely that:

1. the product is correct in description, type, and quantity as well as quality, functionality, and other relevant characteristics;

2. the product fulfils the purpose for which the Buyer has purchased it, as specified by AMD;

3. the product is delivered complete with specified accessories and instructions for use.

In addition to the specified characteristics, AMD guarantees that:

1. with regard to the rights of third parties, applicable laws, technical standards, or, in the absence of technical standards, the codes of conduct of the given industry, the product is suitable for the purpose that such a product is typically used for;

2. in quantity, quality, and other characteristics, including lifespan, functionality, and safety, the product possesses the characteristics that are typical of a product of this type and that are reasonably expected by the Buyer, particularly with regard to public statements made by AMD or another person within the contractual chain, namely by means of advertising or labelling; AMD shall not be bound by such a public statement if AMD demonstrates that it was not aware of such a statement or, at the time of conclusion of the purchase agreement, such a statement had been altered in a manner reconcilable with the manner in which the statement was made and/or that such a statement could not have had any bearing on the Buyer’s decision to purchase the product;

3. the product is delivered complete with the accessories (including packaging and instructions for use) that the Buyer will reasonably expect to receive with it;

4. the product corresponds in quality and/or variant to a sample or model provided to the Buyer by AMD prior to conclusion of the purchase agreement.

Article 1.6 of this Warranty Claim Policy will not come into effect if, prior to conclusion of the purchase agreement, AMD explicitly informed the Buyer that there were certain differences in some of the characteristics of the product and the Buyer expressly agreed to such differences when concluding the purchase agreement

If the product is found to have a defect, the Buyer is entitled to remedial action and may choose to either have the product replaced with a new and defect-free product or to have it repaired, unless the chosen remedy is not possible or is too costly in comparison with the other remedy; such factors shall be determined based on the severity of the defect, the value of the product without the defect, and whether or not the defect can be eliminated using the other of the two possible remedies without significant burden to the Buyer. AMD may refuse to remedy a defect if it is not possible or if it would be disproportionately costly with regard to the severity of the defect and the value of the product without the defect.

Upon notification of a defect, AMD will remedy it within a reasonable timeframe so as not to cause any significant burden to the Buyer, and in doing so will consider the nature of the product and the purpose for which the Buyer has purchased it. AMD will bear the cost of remedying the defect.

The Buyer is entitled to a reasonable discount or to withdrawal from the purchase agreement if:

1. AMD refuses to remedy the defect or did not remedy the defect per Article 1.9 of this Warranty Claim Policy;

2. the defect is recurrent;

3. the defect represents a significant violation of the conditions of the purchase agreement;

4. it is apparent from statements made by AMD and/or circumstances that the defect cannot be remedied within a reasonable timeframe or without significant burden to the Buyer.

The Buyer is not entitled to withdraw from the purchase agreement per Article 1.10 of this Warranty Claim Policy if the product defect is insignificant; all defects will be viewed as having significance.

If the Buyer withdraws from the purchase agreement per Article 1.10 of this Warranty Claim Policy, AMD will, upon receiving the product or proof from the Buyer that the product has been shipped back to AMD, refund the purchase price without delay.

The AMD warranty does not cover wear to the product caused by normal use or, in the case of a used product, wear corresponding to previous use of the product.

The Buyer is not entitled to submit a product defect claim under the AMD warranty in cases where the defect is caused by the Buyer, namely in one or more of the following ways:

1. the product was used in a manner that contradicts the instructions in the manual or user guide, or a defect or damage has occurred that is demonstrably the result of misuse (e.g. using incorrect charging voltage, connecting the product to an incorrect voltage source);

2. the product has been mechanically damaged (e.g. unauthorized opening or disassembly of the product);

3. the defect was caused by reckless or careless handling or through use for purposes other than the usual purpose or the one stipulated by the manufacturer.

When submitting a warranty claim, the defective product must be sent to AMD at the following address: Anna Maresova designers s.r.o., Kamenická 37, 170 00 Praha 7, Czech Republic. The warranty claim process (and thus the relevant time limits) will commence on the date on which AMD receives the defective product from the Buyer.

All warranty claims submitted to AMD must include the Buyer’s contact information, a description of the defect, and specification of the remedial action to be taken (i.e. replacement or repair).

When submitting a warranty claim and sending the defective product back to AMD, the Buyer must include the original purchase receipt or a copy or must provide another form of proof of purchase (see below) as well as a description of the defect. AMD recommends returning the defective product to AMD in the original packaging complete with all cables and other accessories.

The Buyer is obligated to provide proof of purchase, namely by means of:

1. a receipt, stamped and signed by the salesperson, showing the date of sale;

2. a valid receipt showing the date of purchase of the product proving that the defective product was purchased from AMD.

   If the Buyer is unable to meet either of these conditions, the warranty claim cannot be accepted.

The warranty claim and remedy of the defect will be processed by AMD. Unless AMD and the Buyer have agreed in writing to a different arrangement, AMD must resolve the claim and notify the Buyer of its resolution no more than thirty (30) days after submission of the claim.

When submitting a warranty claim, AMD will issue the Buyer a written confirmation stating the date of submission of the claim, the nature of the claim, the remedy requested by the Buyer, and the Buyer’s contact information for purposes of notifying the Buyer once the claim has been resolved.

AMD will also issue the Buyer a written confirmation of the date and means by which the warranty claim has been resolved, including confirmation of repairs that have been carried out, or will provide the Buyer with a written explanation as to why the warranty claim has been rejected.

If the warranty claim is legitimate, the Buyer is entitled to reimbursement of expenditures arising directly from submission of the claim.