Extract from our Business Terms and Conditions
9. Rights from defective fulfilment
9.1. The rights and obligations of the Seller and Buyer concerning rights from defective fulfilment are governed by the relevant provisions of the Civil Code, in particular Sections 1914 through 1925, Sections 2099 through 2117 and Sections 2161 through 2174.
9.2. In accordance with Section 2161of the Civil Code, the Seller is liable to the Consumer to ensure that the goods ordered by the latter are devoid of any defects, i.e. in particular at the time when the Consumer took over the goods,
- the goods have the specifications agreed to by the parties, and if a provision is missing, that they have the specifications that the Seller or manufacturer described or which the Buyer expected given the nature of the goods and the advertising used by the former,
- the goods are suited for the purpose stated by the Seller for their use, or for which goods of this type are usually used,
- the quality or workmanship of the goods corresponds to the agreed to sample or specimen, if the quality or workmanship was determined based on the agreed sample or specimen,
- the goods meet the corresponding quantity, dimensions or weight and meet the requirements of legal regulations.
9.3. In accordance with Section 2161(2) of the Civil Code, this applies in relation to the Consumer that if a defect appears within six months from takeover, the goods are deemed to have already been defective at the time of their takeover.
9.4. In accordance with Section 2165(1) of the Civil Code, the Consumer is authorised to apply the right against defects that occur in consumer goods for a period of twenty-four months from takeover, however, this does not apply
- to goods sold for a lower price if the lower price was agreed to because of the defect,
- to normal wear and tear caused by typical use,
- to used products for any defect corresponding to the degree of use or wear and tear that existed with the product at the time of its takeover by the Consumer,
- if it follows from the nature of the case.
9.5. In accordance with Section 2169 of the Civil Code, if the product does not have the features stipulated in Section 2161 of the Civil Code, the Consumer may request delivery of a new product devoid of any defects, if this is not unreasonable given the nature of the defect; however, if the defect only concerns a part of the product, the Consumer may request replacement only of this part; if this is not possible, they may withdraw from the contract. However, if this is unreasonable given the nature of the defect, particularly if the defect can be removed without undue delay, the Consumer is entitled to free removal of the defect. The Customer is entitled to delivery of a new product or replacement of the part also in the case of a removable defect, if they cannot properly use the product due the repeated occurrence of a defect after repair or due to a larger number of defects. In this case, the Consumer also has the right to withdraw from the contract. If the Consumer does not withdraw from the contract or does not apply the right to delivery of a new product devoid of any defects, replacement of its part or repair of the product, they may request a reasonable discount. The Consumer is entitled to a reasonable discount also if the Seller cannot deliver a new product without any defects, replace a part thereof of repair the product, and in cases when the Seller does not arrange a remedy by a reasonable deadline or if arranging a remedy would cause the Consumer considerable difficulty.
9.6. In accordance with Section 2170 of the Civil Code, the Consumer is not entitled to rights from defective fulfilment if they knew before taking over the goods that the goods already had defects, or if the Consumer caused the defect themselves, i.e. in particular through inexpert handling or assembly of the goods performed by the Consumer.
9.7. In accordance with Section 1972 of the Civil Code, rights are always applied to the Seller, in person at the Seller’s Point of Sale during the aforementioned opening hours. The Seller is obliged to issue written confirmation to the Consumer that the Consumer has applied their rights, the content of the claim and the manner of handling the claim requested by the Consumer. An employee authorised to handle claims must be present at the Point of Sale throughout the operating hours.
9.8. The Seller will decide about the Consumer’s claim immediately, and in complex cases within 3 business days. This deadline does not include the reasonable time based on the type of goods that is needed to make an expert assessment of the defect. Claims including removal of defects must always be handled without undue delay, and always no later than within 30 days from the date of applying the claim, unless the Seller and Buyer agree on a longer deadline.
9.10. The quality warranty on the goods in the meaning of Section 2113 of the Civil Code is provided to the Seller based on the quality warranty for goods provided by the manufacturer or importer of the goods. Data about the existence of a quality warranty on the goods and the length of the quality warranty provided by the manufacturer are provided directly on the Website in the description of the goods, however, these data are of an informative character only. The Seller will provide the Buyer with information regarding the quality warranty for the specific type of goods based on a telephone or e-mail inquiry addressed to the Seller.
9.11. Under the quality warranty pursuant to Section 2113 of the Civil Code, the Seller undertakes that for a specified period, the goods will be qualified for use for the usual and customary purpose and will maintain the usual and customary features. The indication of the warranty period or usability period on the packaging or in advertising has the same effects. A separate warranty may also be provided on individual parts of the product. The warranty period starts from delivery of the goods to the Buyer; if the goods were sent pursuant to the contract, the warranty period starts from the moment of delivery to the destination. If the purchased goods are to be put into operation by a party other than the Seller, the warranty period starts from the moment the goods were put into operation, if the Buyer ordered the launch of operation no later than within three weeks from the takeover of the goods, and duly and timely provided the necessary cooperation for launching its operation. The Buyer cannot claim the rights from warranty if the defect was caused by force majeure following the transfer of the risk of damage to the Buyer.
9.12. The Buyer is obliged to take over from the Seller the goods which were the subject of a claim no later than within 30 days from the handling of the claim. If the Buyer does not take over the goods which were the subject of the claim from the Seller by this deadline, the Seller will store the goods in accordance with Section 2120 of the Civil Code, by means proportionate to the circumstances minimally for the next 30 days. In this event, the Buyer is obliged to pay the Seller the expenses related to such storage, equal to CZK 500 for each day of the Buyer’s delay in taking over the goods. Furthermore, upon the passing of the deadline indicated in the first sentence for taking over the goods, the Seller will send the Buyer a notice via electronic mail to their e-mail address indicated in the order, stating that the additional 30-day deadline for taking over the goods has started, and that after the passing of this additional deadline for taking over the goods, the Seller is authorised in accordance with Section 2126 of the Civil Code, to sell the goods by suitable means on the Buyer’s behalf. In the event of a self-assisted sale of goods, the Seller is authorised to offset the aforementioned expenses for storing the goods and legitimately accrued expenses related to the self-assisted sale of the goods against the proceeds from such sale. After deducting the expenses for storing the goods and expenses accrued in relation to the self-assisted sale of the goods, the Seller will pay the proceeds from the self-assisted sale to the Byer’s bank account from which the original purchase price for the goods was paid, or agree with the Buyer on a different means of refunding the proceeds from the self-assisted sale of the goods.