Quality Guarantee at the Takeover, Faulty Performance Rights and Complaints Procedure
1.1 The Seller is responsible towards the Buyer – Consumer for the fact that the item does not have defects at the moment of takeover (quality guarantee at the takeover pursuant to Section 2161 of the Civil Code). The invoice for the Goods also serves as a guaranty certificate.
1.2 If the item does not have the characteristics specified in Section 2161 of the Civil Code, the Buyer – consumer may also demand the supply of a new item without defects if this is not disproportionate in view of the nature of the defect, but if the defect relates only to a part of the item, the Buyer may only require the replacement of the part; if this is not possible, he/she can withdraw from the contract. However, if it is disproportionate regarding the nature of the defect, in particular if the defect can be removed without undue delay, the Buyer has the right to the defect removal free of charge. If the Buyer – consumer does not withdraw from the contract or if he/she does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, he/she may require a reasonable discount. The Buyer – consumer has the right to a reasonable discount even if the Seller cannot deliver a new thing without defects, replace the part or repair the item, as well as if the Seller does not remedy within a reasonable time or if the remedy would cause considerable difficulties to the Buyer – consumer.
1.3 If there is a defect within six months after the receipt of the Goods by the Buyer – consumer, it shall be deemed to have been defective already at the time of acceptance.
1.4 The Buyer´s rights resulting from defective performance are not applicable in case of defects in goods caused by the transport of Goods by the Buyer or by improper handling or assembly carried out by the Buyer.
1.5 The Seller reserves the right to minor technical changes to the sold Goods.
1.6 The right resulting from defective performance does not apply to wear and tear caused by the usual use of the item, inappropriate use or treatment.
1.7 The Buyer – consumer is entitled to claim the right resulting from a defect that occurs in the Goods within twenty-four months after the takeover, the Buyer – another entity is entitled to do so within six months after the takeover. For second-hand Goods, the parties negotiate a time limit of twelve months after the takeover to claim defective performance.
1.8 For the Buyer – another entity, in the event of defective performance, it is negotiated differently from the relevant provisions of the Civil Code as follows:
- – the occurrence of a repairable defect or repairable defects is always considered to be an insignificant breach of contract, not a significant breach,
- – in the event of an insignificant breach of contract, the Buyer – another entity has the right to remove the defect or to a reasonable discount on the purchase price, according to the choice of the Seller,
- – in the event of a significant breach of contract, the Buyer – another entity has the right to a reasonable discount on the purchase price or to a withdrawal from the contract.
1.9 If the Customer discovers other than obvious damage to the consignment, which is likely to be caused by the carrier, the procedure in point 6.10 is recommended. If it is obvious that the goods have been damaged, the Customer will write an email with the order identification and a description of the damage to
1.10 The Seller recommends the Buyer filing a claim to
1.11 The Seller decides about the Buyer´s claim within 7 business days. This period shall not include the time appropriate to the type of Goods required for expert judgment of the defect. Claims, including the removal of a defect, must be settled without undue delay, no later than 30 days from the date of filing the claim, if the Seller does not agree with the Buyer on a longer period of time.
1.12 The Seller shall, in accordance with the provisions of Section 14 of the Buyer-Consumer Protection Act, inform that the Czech Trade Inspection Authority is the relevant body for out-of-court settlement of consumer disputes. More detailed information on the entity can be found at: www.coi.cz.