Discover the complaints procedure

Dear Customer,

We kindly ask you to provide your account number, proof of purchase and photo documentation of the issue.
Email attachments (photo documentation + documents) must total a maximum of 15 MB; otherwise, the email will not be delivered.
Complaints regarding mattresses must be supported by a photograph without a cover and on a firm, flat surface "on the ground", the mattress must be fully visible.
For mattresses with polyurethane foam, the following properties, changes, and deviations are permitted:
a) height loss after dynamic loading according to ČSN EN ISO 3385 - max. 15% of the mattress height. (plus for the profile - 1 cm in the middle part)
b) tolerance of mattress dimensions according to ČSN EN 1334 length and width is - 20 mm, height tolerance is +/- 10mm or 10% (the lower of these values)
c) for mattresses longer than 200 cm, material is added to achieve the desired dimensions.
Example documentation:

Please send complaint documents to the email: reklamace@purtex.cz

If the documents are not sent according to the instructions above, the complaint will be automatically rejected due to non-cooperation.

I. General Provisions

These complaint conditions were prepared in accordance with Act No. 89/2012 Coll., Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended, and apply to purchase contracts for goods concluded with the seller. The seller is PURTEX s. r. o., registered in the Commercial Register of the Municipal Court in Prague, section C, insert 132783 (hereinafter referred to as "Seller"). Goods are understood as all goods, whose manufacturer or seller is the seller. The buyer is obliged to familiarize themselves with these complaint conditions before concluding the purchase contract, whereby by concluding the purchase contract and accepting the goods, they agree to these complaint conditions. The buyer is obliged to pay sufficient attention to the basic rules for using this goods for the entire duration of use. Regular maintenance is also important. Improper, inappropriate or insufficient maintenance significantly shortens its full functionality and lifespan, while the recommended maintenance and care for the goods is explained in the instructions for use that accompanies the delivery of the goods. Before the first use of the goods, the seller recommends thoroughly reading these complaint conditions including the relevant instructions for use. In case of using the goods contrary to the instructions for use, the buyer bears responsibility for defects arising from such unprofessional handling, or handling and using the goods contrary to the instructions for use. The seller is not liable for defects arising from such unprofessional handling, or handling and using the goods contrary to the instructions for use, as well as for defects specified in paragraph II. 1. of these complaint conditions.

II. Basic Conditions for Claiming Defects in Goods

If a defect occurs in the purchased goods during the warranty period, the customer has the right to file a complaint about this defect. A defect is understood as a change (characteristics) of the goods, caused by manufacturing defects or defects in the materials used to produce the goods.

II. 1. The following cannot be considered a defect:

- defects resulting from the use of goods in conditions not corresponding to the parameters of the environment or other parameters specified by the manufacturer - defects caused by mechanical damage, unprofessional installation, unprofessional handling - defects caused by natural elements - defects resulting from damage due to excessive loading, or use contrary to the conditions stated in the documentation - wear caused by normal use - fading of the upholstery fabric pattern - damage caused by additional modifications by the consumer - color of the foam

II. 2. Permitted changes and deviations in mattresses:

For mattresses with polyurethane foam, the following properties, changes, and deviations are permitted: a) height loss after dynamic loading according to ČSN EN ISO 3385 - max. 15%. b) change in hardness after dynamic loading according to ČSN EN ISO 3385 - max. 40%. c) tolerance of mattress dimensions according to ČSN EN 1334 in length and width is - 20 mm, height tolerance is +/- 10mm or 10% (the lower of these values) d) permissible tolerance of the hardness of the polyurethane core of the mattress (resistance to compression in kPa) according to ČSN EN ISO 3386-1 is +/- 15% e) for mattresses longer than 200 cm, material is added to achieve the desired dimensions. This manufacturing operation (construction joint) does not affect the functionality and utility properties of the mattress.

II. 3. Other Provisions:

PURTEX mattresses have a firm or removable cover - when handling the removable cover, care must be taken to ensure that neither the cover nor the mattress core are damaged by improper removal and replacement of the cover. The mattress must be maintained according to the symbols sewn into the hem of each mattress. It is not suitable for the mattress to be exposed to light radiation, which accelerates the fading of the mattress cover. The mattress should only be cleaned with products intended for that purpose and the manufacturer's instructions for the cleaning agent must be adhered to. We recommend vacuuming the mattress for dust once a month and rotating it along its longitudinal axis. Care must be taken to choose the right base or slatted frame for the mattress according to its type. In the case of compressed mattresses, the mattress must be allowed to rest for 48 hours without load after being removed from the packaging.

III. Proper Complaint

The basic prerequisite for a proper complaint is the presentation of proof of purchase of the goods (invoice or receipt), the complained goods, delivery note and possibly warranty card. The complained goods must be complete and in good condition, must be in hygienically acceptable condition (i.e. not soiled, dry, hygienically safe, etc.), preferably in the original or suitable replacement packaging, fit for transport of the goods. The goods must not be bent or rolled up, except for compressed mattresses. By agreement with the seller, only the defective part may be submitted for the complaint process. A defect that appears within 6 months from the date of acceptance of the item is considered a defect that the item had from the very beginning. The buyer is obliged to inspect the goods properly upon receipt. If they do not do so, the seller is not responsible for obvious defects in the goods, unless he expressly assured the buyer that the item is free of any defects, or concealed a defect. The seller is also not responsible for defects caused during the transport of the goods by the means of transport selected by the buyer. Upon receipt of the goods, the buyer is obliged to verify the accuracy of the number of goods and the integrity of their packaging. If the goods have a damaged package upon receipt, the buyer is obliged to verify the completeness and integrity of the goods. This must be stated in the delivery note, otherwise the right to claim mechanical damage to the goods expires. According to § 2112 of the Civil Code, the buyer is obliged to notify the seller of defects without undue delay after they could have been discovered during a timely inspection and sufficient care, in the case of hidden defects no later than two years after the delivery of the item. The seller is not responsible for any defects in the goods of which the buyer was warned at the time of concluding the contract and simultaneously did not refuse to accept the goods. If the buyer is an entrepreneur and it is apparent from the circumstances upon concluding the contract that the purchase also concerns his business activity, he is obliged to notify the seller of defects without undue delay after they could have been discovered during a timely inspection and sufficient care, in the case of hidden defects no later than 1 year after the delivery of the item. The provisions of the Civil Code on the sale of goods in commerce, especially §§ 2158 to 2174 of the Civil Code, do not apply to such purchase contracts. A special chapter is distance selling - sales over the internet or at exhibitions, which is governed by the provisions of §§ 1829-1838 of the Civil Code on consumer contracts.

IV. Duration of Right from Defective Fulfillment and Filing a Complaint

The right from a defect (complaint) must be filed by the buyer within 24 months (unless indicated otherwise) from the receipt of the goods upon purchase, and if the goods are not picked up in person at the seller's premises, it is understood as the receipt of the goods at the moment the buyer received them from the carrier. The duration of the right from defective fulfillment (also warranty period) is extended by the time during which the goods were in warranty repair, up to the time when the buyer was obliged to take the goods back after the complaint process was completed. The warranty period cannot be equated with the lifespan of the goods, i.e., the duration for which the goods, when used and maintained properly, including care, can last based on their properties, intended purpose, and differences in intensity of use. The warranty period is a general administrative time frame that has no direct correlation to the usual lifespan of a specific product. The right from defective fulfillment does not apply (cannot be claimed) to goods sold at a lower price, where the lower price was agreed with regard to defects. The complaint must necessarily be filed without undue delay after the defect is discovered. Any delay during continued use of the goods may cause the defect to worsen and the goods to be devalued, or may prevent an objective assessment of the actual causes of the current condition of the goods and may result in the rejection of the complaint. The place for filing the complaint is any operation of the seller or his registered office. In the event that the buyer purchases goods manufactured or sold by PURTEX s. r. o. from another seller (hereinafter referred to as the third party), the buyer is entitled to choose whether to file the complaint with the third party or directly with PURTEX s. r. o. In the case of a justified complaint resolved by replacement of the item (or delivery of a new item), the buyer is entitled to reimbursement of reasonably incurred costs for returning the defective item (up to the amount of usual transport costs). In the case of an unjustified complaint, the buyer has no right to reimbursement of costs associated with processing the complaint, and at the same time the seller has no right to reimbursement of costs incurred on his side (unless on the part of the buyer it was, for example, a repeated unfounded complaint, which may already suggest an abuse of rights). In the case of an unjustified complaint, the goods will be sent back at the buyer's expense and risk to the address provided, unless otherwise agreed. If the buyer exercises their right from the defect of the sold goods correctly, the complaint, including the removal of the defect, will be processed without undue delay, no later than 30 days from the date of filing the complaint, unless otherwise agreed. The method of resolving the complaint shall be determined by the competent employee of the manufacturer/seller. After the expiration of this period, the buyer is granted the same rights as if there had been a significant breach of contract. After examining the provided documents and a cursory inspection of the complained goods, the seller will either recognize the complaint as justified and immediately accept the complained goods into the complaint process and prepare a written record of this, or reject the complaint as unjustified and return the complained goods to the buyer, or accept the complained goods for professional assessment, on the basis of which the complaint will either be recognized as justified and properly processed, or it will be rejected and the goods will be returned to the buyer. The seller will issue a written confirmation - complaint protocol to the buyer regarding when the right from defects was asserted, what is the subject of the complaint, what method of resolving the complaint the buyer requests, as well as regarding the execution of repair and its duration, or regarding the method of resolving the complaint, including justification in the case of rejection of the complaint. The seller has the right to set a longer warranty period than 24 months for selected types of goods, which will be indicated on the invoice.

V. Handling Complaints

V. 1. Remediable Defects:

If the goods exhibit a remediable defect, meaning a defect that can be repaired, the buyer has the right to have the goods restored to perfect condition by repair, or, if this is not unreasonable given the nature of the defect, by exchanging the item for one with the same or better properties. If such a course of action is not possible, the buyer may request a reasonable discount on the price of the goods or withdraw from the contract. This does not apply if the buyer was aware of the defect before taking possession of the item or caused the defect themselves. In the case of a remediable defect, the customer has the right to exchange the goods or withdraw from the contract if the customer is unable to use the goods properly due to the recurring occurrence of a remediable defect after repair, or due to a larger number of remediable defects. A defect is deemed to recur following repair if the same defect, which was remedied at least twice during the warranty period, occurs a third time. A larger number of defects is deemed to affect the goods if there are simultaneously at least three remediable defects at the time of the complaint submission.

V. 2. Irremediable Defects:

If the goods exhibit an irremediable defect, meaning a defect that cannot be remedied or whose remedy is not practical considering all relevant circumstances, and the goods cannot be used properly as goods without defects, the buyer has the right to demand an exchange of the goods for new ones (at the buyer's request and in agreement with the seller, it can be exchanged for any goods) or to withdraw from the purchase contract. If the nature of the irremediable defect does not prevent the proper use of the goods (e.g., aesthetic defects) and the buyer does not request an exchange of the goods, they have the right to a reasonable discount on the purchase price or may withdraw from the contract. In providing the discount, account is taken of the nature of the defect, the degree and manner of wear of the goods, the length of use, and the possibility of further use. If the buyer does not collect the processed complaint within 30 days from the date of its resolution, the seller has the right to charge the buyer a storage fee, which the buyer is obliged to pay within 10 days of its billing.

VI. Final Provisions

In the event of a consumer dispute arising between Purtex s.r.o. and the consumer from the purchase contract or from the service provision contract, which cannot be resolved by mutual agreement, the consumer may submit a proposal for an out-of-court resolution of such a dispute to the designated subject for out-of-court resolution of consumer disputes, which is

Czech Trade Inspection
Central Inspectorate – ADR Department
Štěpánská 15
120 00 Prague 2

Email: adr@coi.cz
Web: adr.coi.cz .

These complaint conditions take effect on 1 January 2015. The seller reserves the right to unilaterally change the complaint conditions. PURTEX s. r. o. 1 January 2015