COMPLAINT PROCEDURE - USED CARS

Company:

Louda Auto a.s., Company ID: 46358714, with registered office at No. 166, 290 01 Choťánky, registered in the Commercial Register maintained by the Municipal Court in Prague under file no. B 19975

(hereinafter referred to as “ Seller ”)

 

I. Introductory Provisions

The complaint procedure serves primarily as a means of informing the buyer about the scope, conditions, and method of exercising the right to claim for defective performance (hereinafter referred to as “complaint”), along with information on where the complaint can be submitted, in the case of the sale of a used motor vehicle specified in the purchase agreement (hereinafter referred to as “vehicle”), concluded between the Seller on one side and the legal or natural person specified in the purchase agreement as the buyer on the other side (hereinafter referred to as “buyer”).

Complaints must always be submitted in accordance with this complaint procedure, which the buyer is obliged to familiarize themselves with. Matters not regulated by this complaint procedure are governed by the legal order of the Czech Republic. The Seller will inform the buyer about this complaint procedure in an appropriate manner and, at the buyer's request, provide it in printed form. This complaint procedure is prepared in accordance with Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as “NOZ”) and Act No. 634/1992 Coll. on Consumer Protection. Consumers are hereby provided with information according to the provisions of § 13 of Act No. 634/1992 Coll.

 

II. Seller's Liability for Defective Performance

In cases where the purchase agreement is concluded with the Seller by a natural person acting outside the scope of their business or other entrepreneurial activity or independent exercise of a profession, this person is considered a buyer in the position of a consumer within the meaning of § 419 NOZ. The provisions of this complaint procedure in which the buyer is explicitly referred to as “buyer in the position of a consumer” apply exclusively to buyers in the position of a consumer within the meaning of § 419 NOZ.

The Seller is liable for defects in the vehicle to the extent generally defined by binding legal regulations according to § 2099 and following NOZ, and in the case of a buyer in the position of a consumer, also according to § 2165 and following NOZ.

This complaint procedure in this form is valid for all cases unless other conditions are contractually agreed upon. In that case, the contractual conditions take precedence over this procedure. A mutual agreement becomes valid only if it is verifiable in written form and is confirmed by the signatures of persons authorized to act on behalf of the Seller and the buyer. In matters not regulated by the purchase agreement and this complaint procedure, the relevant legislation shall apply.

In accordance with legal provisions, the Seller is not liable for defects:

• corresponding to the degree of use or wear that the vehicle had at the time of acceptance by the buyer;
• that arose after the vehicle was accepted by the buyer;
• of which the buyer was expressly informed;
• of which the buyer was aware or which they must have recognized with the usual care at the time of concluding the purchase agreement, based on a personal inspection of the vehicle or a test drive, i.e., for obvious defects;
• caused by the buyer themselves;
• that arose due to the use of the vehicle contrary to its purpose or due to its use in a manner other than usual with regard to the type and designation of the vehicle;
• caused by the buyer's neglect of proper care and maintenance with regard to the type and designation of the vehicle;
• caused as a result of external events beyond the Seller's influence;
• caused as a result of exposure of the vehicle to excessive temperature, dust concentration, chemical agents, processes and influences, or extreme atmospheric phenomena;
• arising from the Protocol on the condition of the motor vehicle, which is an integral part of the vehicle's purchase agreement;
• if the defect in the vehicle was already present at the time of acceptance, but the Seller informed the buyer about it, or for such a defect a discount on the purchase price was agreed;
• of which the buyer was aware of given the circumstances before accepting the vehicle;
• corresponding to the degree of use or wear that the vehicle exhibited at the time of acceptance by the buyer;
• arising on the vehicle from wear caused by normal use, or if it follows from the nature of the matter (e.g., expiration of the vehicle's lifespan or its components);
• caused by the buyer (or another third party) and arising from improper use, storage, improper maintenance, intervention by the buyer (or another third party) or mechanical damage;
• regardless of the moment of the defect's occurrence, if there was an intervention in the vehicle by the buyer or a third party before the complaint was submitted to the Seller.

The buyer is informed by the Seller before concluding the purchase agreement about the technical condition of the vehicle and any defects in the vehicle, which are stated in the Protocol on the condition of the motor vehicle. The buyer is entitled to thoroughly inspect the vehicle before its acceptance and to conduct a test drive. The buyer is given the opportunity for a service inspection of the vehicle by an independent technician at the place of sale of the vehicle, or, if previously agreed with the Seller, at an independent service facility.

The Seller is not responsible for the accuracy of the information provided in the service book, especially regarding the impossibility of verifying the accuracy of such records.

The Seller does not provide a quality guarantee for the sold vehicles. The Seller does not guarantee to the buyer in any way that the vehicle was used and maintained by previous owners in accordance with the warranty conditions provided by the manufacturer and that any rights from such a warranty against the manufacturer remain in effect.

Given that the Seller sells used vehicles, the buyer does not have the right to exchange the vehicle in the event of a defect. The buyer may request repair of the vehicle (replacement of the defective component) or a reasonable discount in the event of a defect. If it is not possible to repair or replace the defective component of the vehicle, such a buyer is entitled to withdraw from the purchase agreement. If the buyer in the position of a consumer cannot properly use the vehicle due to the repeated occurrence of a proven defect after repair or due to a greater number of proven defects, such a buyer in the position of a consumer is entitled to withdraw from the purchase agreement.

In the event of the buyer's withdrawal from the purchase agreement, the Seller will return the purchase price of the vehicle to the buyer, in exchange for the return of the vehicle by the buyer to the Seller at its relevant establishment in the condition in which the vehicle was received from the Seller, taking into account normal wear and tear, along with all accessories and components. In the event of withdrawal from the purchase agreement, the buyer is not entitled to reimbursement of costs associated with the return of the vehicle, unless it is a justified withdrawal arising from the exercise of rights from liability for defects. The buyer is not entitled to interest on the monetary amount returned to them by the Seller.

Rights from liability for defects are not transferable to a third party and can only be exercised against the Seller by the buyer.

After the completion of the complaint procedure, the vehicle will be returned exclusively to the authorized owner who submitted the vehicle for complaint, or to a person authorized by them based on a power of attorney with verified signatures of the authorized representative and the principal.

 

III. Method and Place of Filing a Complaint

The buyer has the right to file a complaint with the seller in person or through a representative (based on a power of attorney with officially verified signatures of the representative and the principal) at any of the seller's locations. It is recommended to contact the relevant location in advance by phone or email to arrange a specific time for the buyer to bring in the vehicle.

The buyer is obliged to deliver the car at their own expense for the purpose of examining the alleged defect to a designated location, which is the nearest or any other location of the seller. An exception applies in cases where the nature of the complaint, or the type and extent of the defect, does not allow for the delivery of the car to the seller's service location. In such cases, it is advisable to inform the competent staff of the seller in advance to arrange a time for bringing in the non-drivable vehicle.

At the moment of handing over the complained vehicle, the buyer is obliged to present the seller with acquisition documents proving ownership rights along with the original Vehicle Condition Protocol, which is an integral part of the purchase contract. The complaint procedure may only be initiated with the seller by the buyer specified in the purchase contract, or by a person authorized by them based on a power of attorney with a verified signature of the representative and the principal.

The seller ensures the presence of a staff member authorized to accept complaints throughout the operational hours published primarily on the seller's website and at the location of the business. The authorized staff member will record the complaint with the buyer - Complaint Protocol, which must include the date of the complaint, identification of the complained vehicle including the VIN code, the number of kilometers driven at the time of handing over the vehicle for the complaint, the method of resolution requested by the buyer, and a preliminary deadline for the conclusion of the procedure, or the expected duration of the repair. The seller reserves the right to propose a change in the procedure for resolving the complaint in justified cases, of which the buyer will be duly informed.

The moment of filing a complaint is understood as the moment when the seller has received the complained vehicle from the buyer. The deadline for resolving the complaint begins to run on the day following the day the vehicle is handed over for the complaint. In the case of a buyer in the position of a consumer, the seller will decide on the validity of the complaint immediately, and in complex cases within three working days. This period does not include a reasonable time needed for expert assessment of the defect. The complaint will be resolved without unnecessary delay, no later than 30 days from the filing of the complaint by the buyer in the position of a consumer, unless the seller and the buyer in the position of a consumer agree on a longer period. This period does not include the time of interruption of the repair caused by reasons on the part of the buyer in the position of a consumer. After this period, the buyer in the position of a consumer has the same rights as if it were a defect that cannot be remedied. For buyers who are not consumers in the sense of § 419 of the Civil Code, a reasonable period applies for resolving the complaint.

The buyer is obliged to provide the seller with the necessary cooperation to resolve the complaint. If the buyer does not provide such cooperation or refuses to provide it, they will prevent the seller from properly resolving the complaint, as a result of which the seller is not responsible for any damages and additional costs incurred by the buyer. In such a case, the seller is also not responsible for resolving the buyer's complaint properly and on time. Cooperation particularly means delivering the vehicle for inspection to the seller's premises or presenting the necessary documents for the complained vehicle, such as the vehicle registration certificate, service book, purchase contract with the Vehicle Condition Protocol, user manual, and other documents and papers as appropriate.

The date of completion of the complaint procedure is considered to be the day when the seller informs (by email, mail, or other suitable means) the buyer about the conclusion of the procedure, or the repair in the case of recognizing the validity of the claim. The time from the notification to the physical pickup of the vehicle by the buyer is not included in the total time for resolving the complaint.

In the event that the seller rejects the complaint, this rejection will be justified by the seller.

The buyer has the right to reimbursement of necessary costs incurred in connection with the justified assertion of rights from liability for defects in cases where the seller is responsible for these defects and the complaint was justified; however, in the case of an unjustified complaint, all costs associated with testing and service interventions, including transportation according to the current price list, will be charged to the buyer.

The method of resolving the complaint means repairing the vehicle, replacing a part of the vehicle, refunding the purchase price, providing a discount, or justified rejection of the complaint.

After the seller has notified the buyer of the resolution of the complaint, the buyer or a person authorized by them, who proves this with a power of attorney (with officially verified signatures of the representative and the principal), is obliged to pick up the vehicle within 10 days of the notification of the resolution of the complaint. From the 11th day, the seller is entitled to charge storage fees of 600 CZK per day for the uncollected vehicle.

The rights of the buyer in the position of a consumer regarding the seller's liability for defects in the vehicle will expire if the buyer in the position of a consumer does not assert these rights within the period defined by generally binding legal regulations, but no later than 12 months from the day the vehicle is handed over to the buyer in the position of a consumer. In such a case, the buyer in the position of a consumer is obliged to assert these rights without unnecessary delay after discovering the defect.

 

IV. Alternative Dispute Resolution for Consumer Disputes

In accordance with the provisions of § 14 paragraph 1 of Act No. 634/1992 Coll., on Consumer Protection, the seller informs the buyer in the position of a consumer that the competent authority for alternative resolution of consumer disputes for the sale of goods (in this case used cars) is:

Czech Trade Inspection

Central Inspectorate – ADR Department

Štěpánská 44
110 00 Prague 1

Email: adr@coi.cz
Web: adr.coi.cz

Consumers may also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.

This complaint procedure is valid and effective from January 1, 2020.

If you are not satisfied with the resolution of the complaint or the conduct of the staff, please let us know your comments at info@louda.cz. Feedback helps us improve our services.