Procedure for Exchanging Goods
If you find that you need to exchange an item within 14 days of purchase (incorrect size, unsuitable fit, etc.), please follow these steps:
- Withdraw from the contract using the provided form.
- Send the item you wish to exchange, unworn, unwashed, and with the original tags, preferably in the original packaging.
- Send the package to our address: DIRECT ALPINE s.r.o. – Goods Exchange
Kateřinská 138
Liberec XVII, 460 02
Czech Republic
Contact: DA_service@directalpine.com
Tel.: +420 482 751 885
- Go to https://www.directalpine.cz/ and create a new order for the product you wish to exchange. We will send this new order to you via cash on delivery or after payment by card online.
Claims Procedure
This claims procedure of DIRECT ALPINE s.r.o., with its registered office at Kateřinská 138, Liberec XVII-Kateřinky, 460 14 Liberec, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem under file number C 22127 (hereinafter referred to as the "Seller"), is part of the general terms and conditions. The purpose of this claims procedure is to inform consumers (hereinafter also referred to as the "Buyer") pursuant to Section 13 of Act No. 634/1992 Coll. on Consumer Protection, about the scope, conditions, and manner of exercising the right to claim defects, including information on where the claim can be filed. The Seller's liability for defects in relation to Buyers who are not consumers is governed exclusively by the Civil Code, and the provisions of this claims procedure do not apply in such cases.
The rights of consumers regarding defective performance are governed by the relevant binding regulations under Czech law (especially the provisions of Sections 2099 to 2117 of the Civil Code and their modifications in Sections 2161 to 2174 of the Civil Code).
In the case of paid repairs that are not covered by the Seller’s liability for defective performance, the following provisions regarding the purchase contract apply accordingly (in this sense, the Buyer is considered the customer, and the contractor is considered the Seller).
A. Definition of a Defective Item (hereinafter referred to as "the item")
1. The Seller guarantees to the Buyer that the item has no defects upon receipt. In particular, the Seller guarantees to the Buyer that the item:
a) corresponds to the agreed description, type, quantity, quality, functionality, compatibility, and other agreed characteristics,
b) is suitable for the purpose for which the Buyer requires it and to which the Seller has agreed, and
c) is delivered with the agreed accessories and instructions for use.
2. In addition to the agreed characteristics, the Seller guarantees to the Buyer that:
a) the item is suitable for the usual purpose for which goods of this type are typically used, considering the rights of third parties, legal regulations, technical standards, or industry codes of conduct if no technical standards exist,
b) the item, in terms of quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, corresponds to the usual properties of goods of the same type that the Buyer can reasonably expect, considering public statements made by the Seller or other persons in the same contractual chain, especially advertising or labeling,
c) the item is delivered with accessories, including packaging, and other instructions for use that the Buyer can reasonably expect, and
d) the item corresponds in quality or execution to a sample or model provided by the Seller to the Buyer before concluding the contract.
3. The Seller is not bound by public statements under paragraph 2 letter b) if they can prove that they were unaware of them, or that they had been modified at the time of contract conclusion in at least a comparable manner as the original statements, or that they could not have influenced the Buyer's decision to purchase.
4. Paragraph 2 does not apply if the Seller has specifically notified the Buyer before concluding the contract that a particular property of the item differs, and the Buyer has explicitly agreed to this at the time of contract conclusion.
5. If a defect appears within one year from the date of receipt, it is presumed that the item was defective at the time of receipt, unless the nature of the item or defect excludes this. This period does not run during the time when the Buyer cannot use the item due to a justified claim of the defect.
B. Rights from Defective Performance
1. The Buyer may claim a defect that appears on the item within two years from receipt. When purchasing used items, the parties may shorten this period to one year. If the performance is to last longer than two years, the Buyer has the right to claim any defect that occurs or becomes apparent during that period.
2. If the Buyer justifiably claims a defect with the Seller, the period under the previous paragraph is suspended for the time the Buyer is unable to use the item.
3. The Buyer is not entitled to rights from defective performance if the defect was caused by the Buyer themselves.
4. Normal wear and tear caused by the usual use of the item, or wear corresponding to the extent of previous use for a used item, is not considered a defect.
5. If the item has a defect, the Buyer may request its removal. They may choose to request either the delivery of a new, defect-free item or the repair of the item, unless the chosen method of removal is impossible or disproportionately costly compared to the other; this will be assessed mainly with regard to the significance of the defect, the value the item would have without the defect, and whether the defect can be removed by the alternative method without significant inconvenience to the Buyer.
The Seller may refuse to remove the defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and the value the item would have without the defect.
6. The Seller will remove the defect within a reasonable time after it has been claimed, without causing significant inconvenience to the Buyer, considering the nature of the item and the purpose for which the Buyer purchased it.
The Seller will collect the item at their own cost for the purpose of removing the defect.
If the Buyer does not collect the item within a reasonable time after being notified by the Seller that it is ready for collection after repair, the Seller is entitled to charge a storage fee. If the parties do not agree on the amount, the usual rate will apply.
7. The Buyer may request a reasonable discount or withdraw from the contract if:
a) the Seller refuses to remove the defect or does not remove it in accordance with the previous point,
b) the defect recurs,
c) the defect constitutes a substantial breach of the contract, or it is evident from the Seller’s statement or the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to the Buyer.
A reasonable discount is determined as the difference between the value of the item without the defect and the defective item the Buyer received.
The Buyer cannot withdraw from the contract if the defect is insignificant.
If the Buyer withdraws from the contract, the Seller will return the purchase price without undue delay after receiving the item or after the Buyer proves that the item has been sent.
8. The defect may be claimed from the Seller where the item was purchased. However, if another person has been designated for repairs who is either located near the Seller or closer to the Buyer, the Buyer must claim the defect with the person designated for the repair.
9. Until the Seller fulfills their obligations arising from the defective performance, the Buyer is not required to pay any outstanding part of the purchase price.
C. Exercising the Right from Defective Performance
1. Except in cases where another person is designated for repairs, the Seller is obliged to accept complaints at any of its business premises where the acceptance of complaints is possible, considering the range of goods sold or services provided, or at its registered office. A staff member responsible for handling complaints must be present at the business premises throughout operating hours.
2. When a complaint is submitted, the Seller must provide the consumer with written confirmation stating the date of the complaint, its content, the resolution method requested by the consumer, and the consumer’s contact details for providing information about the resolution. This obligation also applies to other persons designated for repairs.
3. Complaints, including the removal of the defect, must be resolved, and the consumer must be informed about the resolution no later than 30 days from the date the complaint was submitted unless the Seller and consumer agree on a longer period.
4. If the deadline in paragraph 3 is missed, the consumer may withdraw from the contract or request a reasonable discount.
5. The Seller is obliged to issue the consumer a confirmation of the date and method of complaint resolution, including confirmation of repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated for repairs.
6. When a new item is delivered, the Buyer must return the originally delivered item to the Seller at the Seller's expense.
D. Contractual Quality Guarantee
1. If the Seller has provided a quality guarantee beyond its legal obligations, its application will be governed by this complaints procedure unless the quality guarantee certificate or contract states otherwise. Defects covered by the quality guarantee, which are reported during the warranty period, will be remedied free of charge, subject to the conditions below.
2. By providing a quality guarantee, the Seller undertakes that the item will be suitable for its usual purpose for a certain period or will retain its usual properties. These effects also apply if the warranty period or usability period of the item is indicated on the packaging or in the advertisement. The guarantee may also apply to individual components of the item. The warranty period starts from the moment the item is handed over to the Buyer; if the item is shipped per the contract, it starts from the delivery of the item to the destination.
3. Legal rights from defective performance, meaning if the product was defective at the time of its receipt and the defect appears within two years of receipt, belong primarily to the Buyer with respect to the person who sold the product (the product seller). These legal rights include the Buyer's right to free remediation from the Seller, and these rights remain unaffected by this quality guarantee.
4. The Buyer is not entitled to claim the warranty if the defect was caused by an external event after the risk of damage to the item passed to the Buyer. The warranty also does not cover damages caused by:
a) mechanical damage, use in unsuitable conditions (temperature, dust, humidity, chemical or mechanical influences) not designated by the Seller or manufacturer, improper handling, or neglect of care,
b) excessive wear, use in violation of the documentation or general principles, unauthorized interventions, or alterations (e.g., modifications, dyeing, improper washing), if the defect arose from such actions,
c) natural disasters or force majeure. These limitations do not apply if the properties of the item that conflict with the above conditions were expressly agreed upon or declared by the Seller, or can be reasonably expected due to advertisement or normal use of the item.
5. The Buyer can exercise their warranty rights by contacting the Seller (contact details below).
6. The warranty provider is DIRECT ALPINE s.r.o., Kateřinská 138, Liberec XVII-Kateřinky, 460 14 Liberec.
E. Contact for Filing Complaints
In case of a complaint, please contact the Seller, preferably:
1. By mail or in person: DIRECT ALPINE s.r.o., Customer Service, Kateřinská 138, Liberec XVII-Kateřinky, 460 14 Liberec,
2. By email: DA_service@directalpine.com, or
3. By phone: 482 751 885.
F. Complaint Instructions
The Seller requests that the Buyer follows the following non-binding instructions to ensure the complaint is processed as quickly and efficiently as possible:
1. The item being complained about should be properly secured to avoid damage during transport. The package should be visibly marked as "COMPLAINT" and contain: the item being complained about (including all accessories), a copy of the purchase receipt (or other documents proving the Buyer's right to make the complaint), a detailed description of the defect, and sufficient contact details for the Buyer (especially return address and phone number). It is recommended that the Buyer use the Seller’s complaint form (Download Complaint Form). Without the above-mentioned items, it may be difficult to identify the origin and defect of the item.
2. The Buyer is advised to inspect the condition of the shipment immediately upon delivery together with the carrier (check the number of packages, integrity of the tape with the company logo, and any damage to the box) according to the attached delivery note. The Buyer has the right to refuse to accept a shipment that does not conform to the purchase contract, such as if the package is incomplete or damaged. If the Buyer accepts a damaged shipment from the carrier, the damage must be noted in the carrier’s delivery report.
3. Incomplete or damaged shipments must be immediately reported via email to: DA_service@directalpine.com, a damage report must be filled out with the carrier, and this report must be sent without undue delay to the Seller by fax, email, or mail. A later complaint about the incompleteness or external damage of the shipment does not waive the Buyer's right to file a complaint, but it does allow Direct Alpine the opportunity to prove that there was no breach of the purchase contract.