Complaint Rules

These Complaint Rules stipulate the manner and conditions of raising a claim of defects in respect of products purchased via Ponnie.cz by Fine Promo s.r.o. (registered address: Na Šťáhlavce 1105/16, 160 00 Prague 6 , Czech Republic; business identification number: 273 84 829; company registered with the Commercial Register of the Municipal Court in Prague, Section C, File 115485).

The mailing address is the same as the address of the registered office.

Telephone number: +420 602 579 675 Contact e-mail: info@ponnie.co.uk

 What kind of defects are subject to warranty? As the Seller, we warrant that products are free of defects upon delivery. It means that the product:

• has the features we have agreed upon, which we have described or which you could have expected given the nature of the product or advertising;
• has the corresponding quantity, measurement or weight; and
• meets the requirements stipulated by the legal regulations.

If colours as perceived by human eye in reality differ from the colours as they appear on electronic devices, this shall not be deemed a defect of the product. In case you are a consumer, you have the right to withdraw from the contract within 14 days of takeover of the product in accordance with Article 5 of the General Terms and Conditions for Retail if the product does not correspond to your expectations.

If the defect becomes apparent within six months of delivery, the product shall be presumed to have already been defective upon delivery.

We also provide our customers with a warranty period. We do not provide a quality warranty if you are not a customer. Unless explicitly stipulated otherwise as part of the presentation of the products on the Website or in the contract, warranty and liability for defects applies only in relation to consumers.

How long is the warranty period? For unused consumer products, the warranty period is twenty-four months of the delivery of the product unless a longer warranty period is stipulated on the Website or documents enclosed with the product. A shorter warranty period may be set for buyers who are not consumers.

What are your rights arising from a defective product? If the defect preventing proper use of the product appears during the warranty period and can be repaired, you have the right to have it repaired free of charge.

In case of a repairable defect of an unusued product, you may, instead of having the defects repaired, request replacement of the defective product for non-defective one; or you may also request or a reasonable reduction of the purchase price.

If the defect cannot be repaired and it prevents the proper usage of the product (as if there were no defects), you have the right to have the product replaced, to request a reasonable reduction of the purchase price or to withdraw from the Purchase Contract.

You also have the right to a reasonable price reduction if we cannot supply to you a new defect-free product, replace a component part of the product or repair it, as well as if we fail to provide for a remedy within a reasonable time or such a remedy would cause you substantial difficulties.

You do not have the right to withdraw from the contract or request delivery of a new product if you cannot return the product in the same condition in which you received it (except for the cases stipulated in Section 2110 of the Czech Civil Code).

When can’t you claim defects? You cannot claim defects in the following cases:

• you knew about the defect prior to the delivery of the product;
• you have caused the defect yourself;
• the warranty period has expired.

Warranty and claims following from defects also do not apply to:

•  usual wear and tear of the product caused by using it (this means e.g. damaged plush surface, tangled mane, thinning or change in the appearance of the mane or tail, usual wear and tear of the wheels or the mechanism, etc.);
• defects caused by incorrect use of the product (such as overloading the product or using it on unsuitable surfaces); failure to follow the instructions; failure to carry out maintenance; improper maintenance; or improper storage.

In relation to items sold at a lower price, we are not responsible for the defect on the basis of which the lower price was agreed.

We are not liable for any personal injury or damage to property and goods caused by unprofessional handling, misuse of the product, or negligence. 

How to make a complaint?

If you discover a defect, you should file the complaint with our company without undue delay. 

A complaint may be raised in the following way:

• by email to info@ponnie.co.uk with attached photos proving the defect
• by delivering the relevant product (cash-on-delivery is not accepted) to our contact address: Fine Promo s.r.o., Skalni 319, 252 62 Statenice, Czech republic; in case of delivery in person, it is necessary to first arrange the delivery date. Please inform us first by e-mail at info@ponnie.co.uk for a faster resolution of your complaint.

When you send the product, you must use proper packaging so that it is not damaged or destroyed during transport.

It is preferable to attach to the product a confirmation of its purchase or the tax receipt–invoice (if issued) or other documents certifying the purchase of the product and a description of the defect together with the proposed resolution of the complaint. Failure to provide any of the above-indicated documents does not prevent acceptance of the complaint under statutory conditions.

A defect is deemed claimed as of the moment when we were notified of its existence and when you exercised your rights following from defects in the purchased product.

Unless agreed otherwise, we process received complaints without undue delay, but not later than 30 days of the date when the complaint was made. We will send you a confirmation of receipt of the complaint and of its resolution.

In the event of a disputed complaint, we will decide whether we accept it within three business days of the date when the complaint was made. In the case of a potentially disputed complaint, we recommend that you send additional information concerning the complaint, including photos of the claimed defect in advance by e-mail to info@ponnie.co.uk.