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Telephone number: +420 737 120 484 Contact email: [email protected] What defects are we responsible for? As the seller, we are responsible for ensuring that the goods are free from defects upon receipt. This means that the goods are not defective on receipt, in particular: it has the characteristics that have been agreed between us, that we describe or that you could have expected in view of the nature of the goods and on the basis of the advertisement; is in the appropriate quantity, measure or weight; complies with the requirements of the law; the goods are fit for the purpose we state or for which the goods purchased are usually used. corresponds to the quality agreed between us or, where applicable, to the quality required by applicable and effective law for the type of goods; and is free from legal defects, i.e. the goods are not in the possession of a 3rd party and the goods are accompanied by the documents and papers necessary for the proper use of the goods. It is also considered a defect in the goods if we supply you with goods other than those agreed between us. We are also liable to consumers if these defects do not occur within the warranty period. If you are not a consumer, you are not entitled to the statutory warranty period under Article 2. Article 2 applies only to consumers. We do not provide any guarantee of quality beyond the statutory warranty period for consumers. If you are an entrepreneur, only the defect that the goods had when the risk of damage to the goods passed, even if it only becomes apparent later, gives rise to rights under defective performance. If the defect occurs as a result of a breach of one of our obligations, you are entitled to rights under defective performance even in such a case. Differences in colour shades in reality and on electronic display devices shall not be deemed to be a defect in the goods. If the goods do not correspond to your expectations, you have the right to withdraw from the contract within 14 days of receipt of the goods in accordance with Article 5 of the General Terms and Conditions if you are a consumer. If you are a consumer and the defect in the goods becomes apparent within six months of receipt, the goods shall be deemed to have been defective on receipt. What is the warranty period? For unused consumer goods, the warranty period is twenty-four months from receipt of the goods, unless a longer warranty period is stated on the web interface, in the documents accompanying the goods or in the advertisement. What rights do you have from defective performance? Your rights under defective performance are governed by the Civil Code, in particular Sections 2099 to 2117 and, if you are a consumer, also Sections 2165 to 2174. If you are a consumer or an entrepreneur: If the defect existed or is deemed to have existed when the goods were received, you are entitled to the rights of defective performance set out below. If the defect in the goods is a material breach of contract, you are entitled to the following rights of defective performance: remedy the defect by supplying a new item without defect or by supplying the missing item; remedy the defect by repairing the item; a reasonable discount on the purchase price; or withdrawal from the contract. In the event of a material breach of contract, you must inform us at the time of notification of the defect, or without undue delay after notification of the defect, which right of defective performance you have chosen. Please note that if you do not do so, you will only be entitled to the rights that would have been available to you in the event of a non-substantial breach of contract. The choice you have made can only be changed by agreement with us. If we do not remedy the defect within a reasonable period of time, you may demand a reasonable discount on the purchase price instead of remedying the defect, or you may withdraw from the contract. If the defect in the goods is an insubstantial breach of contract, you may demand: remedy the defect; or a reasonable discount on the purchase price. If we do not remove the defect in time or refuse to remove the defect, you may claim a discount on the purchase price or you may withdraw from the contract. The choice you have made can only be changed by agreement with us. Please note that as long as you do not exercise your right to a discount on the purchase price or withdraw from the contract, we are entitled to supply you with the missing goods or to remedy the legal defect (in particular to supply the missing documents). You cannot request a replacement of the goods or withdrawal from the contract if you cannot return the item in the condition in which you received it. This does not apply if: there has been a change in condition as a result of an inspection to detect a defect in the item; you used the item before the defect was discovered; you did not cause the impossibility of returning the item in its unaltered condition by an act or omission; or you have sold the item before the defect was discovered, consumed it or altered it in the course of normal use; if this has happened only in part, you shall return to us what you can still return and compensate us to the extent that you have benefited from the use of the item. Only if you are a consumer: If the defect in the consumer goods occurs within the warranty period of twenty-four months from receipt of the goods (twelve months from receipt of the goods for second-hand goods), you are entitled to the defective performance rights set out below: You have the right to have the goods replaced if: the goods lose any of the characteristics listed in Article 1 of the Complaints Procedure during the warranty period and this is not unreasonable in view of the nature of the defect; the defect is irremediable; you cannot use the goods properly because of the recurrence of the defect after the repair; or there are multiple defects in the goods. You may not request replacement of the goods if replacement would be disproportionate to the nature of the defect. In such a case, you are entitled to have the defect rectified free of charge. You are not entitled to a replacement of the goods even if only a part (component) of the goods is defective. You may not request replacement of the goods if they are used or sold at a lower price. Instead, you can ask for a reasonable discount. You have the right to have the defective part of the goods replaced if: only a part (component) of the goods is defective; the defect is irremediable; you cannot use the goods properly because of the recurrence of the defect after the repair; or there are multiple defects in the goods. You have the right to a reasonable discount on the purchase price if you do not choose the right to withdraw from the contract, replace the defective goods or part of the goods or repair the goods; we are unable to replace or repair the goods or part of the goods (for example, the goods are no longer manufactured); we do not arrange for remedy within a reasonable time, or where it would cause you considerable difficulty to arrange for remedy; or the item has a defect that we are obliged to repair and it is an item sold at a lower price or a second-hand item. you have the right to withdraw from the contract if the defect is irremediable; you cannot use the goods properly because of the recurrence of the defect after the repair; there are multiple defects in the goods; we are unable to replace or repair the goods (for example, the goods are no longer manufactured); or it is not possible to replace the faulty goods or part of the goods with faultless goods. When can the rights of defective performance not be exercised? You are not entitled to defective performance rights if: you knew about the defect before you took delivery of the goods; you caused the defect; or the warranty period has expired. Furthermore, the warranty and liability claims do not apply to: wear and tear caused by normal use; defects in used goods corresponding to the level of use or wear and tear the goods had when you took delivery of them; goods sold at a lower price - only in relation to the defect for which the lower price was agreed; or if the nature of the item so requires. How do I make a complaint? File a claim with us (or with the person who is listed as the person designated to repair the defect in the certificate of rights from the defective performance - the warranty certificate) without undue delay after the defect is discovered. We accept claims in accordance with the Consumer Protection Act: at any of our premises where the acceptance of the claim is possible with regard to the range of goods sold; at our registered office; at our place of business; at the person who is named as the person designated for the repair in the certificate of the duration of rights under the defective performance - warranty certificate. For the fastest possible settlement of the claim, we recommend using our place of business / person designated for repair. Recommended complaint procedure: For faster processing, you can inform us about the claim in advance by phone, e-mail or in writing; at the same time, it is advisable to inform us of the right you have chosen from the defective performance, i.e. whether you are interested in the repair of the item, replacement of the goods or their components, withdrawal from the contract, discount on the purchase price, or other rights in accordance with these Complaints Regulations and the Civil Code; you will deliver the claimed goods to us (other than by cash on delivery, which we do not accept), and when sending the goods we recommend that you wrap them in suitable packaging so that they are not damaged or destroyed; to facilitate the procedure, it is advisable to enclose the proof of purchase of the goods or the tax document - invoice, if issued, or other document proving the purchase of the goods, together with a description of the defect and a proposal for the resolution of the complaint. Failure to comply with any of the above steps or failure to submit any of the above documents shall not preclude the positive settlement of the claim in accordance with the statutory conditions. The moment of filing a claim is the moment when we are notified of the occurrence of the defect and the right of liability for defects of the sold item is exercised. We decide on the received complaint immediately, in complex cases within three working days. This time limit does not include the time required for a professional assessment of the defect, which is reasonable according to the type of product or service. Complaints, including the removal of the defect, will be settled without undue delay, at the latest within 30 days from the date of the complaint, unless we agree on a longer period. When you make a claim, we will issue you with a written confirmation of when you exercised the right, what is the content of the claim and what method of handling the claim you require; and we will also issue you (after handling the claim) with a confirmation of the date and method of handling the claim, including confirmation of the repair and the duration of the repair, or a written justification for rejecting the claim. In accordance with the Civil Code, you are entitled to reimbursement of reasonable costs incurred in making a claim for goods. Please note that the right to reimbursement of these costs must be exercised within one month after the expiry of the period within which the defect must be claimed. This Complaints Procedure is valid and effective from 1.3.2020