Complaints policy
- The Seller shall be liable to the Buyer that the goods are free from defects on receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took delivery of the goods:
- the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the Seller or the Manufacturer or expected by the Buyer having regard to the nature of the goods and on the basis of the Seller’s advertising,
- the goods are fit for the purpose for which the Seller states for their use or for which goods of this kind are normally used,
- the goods correspond to the quality of workmanship of the agreed sample or specimen, if the quality of workmanship was determined according to the agreed sample or specimen, the goods are in the corresponding quantity or weight, and
- the goods comply with the requirements of the legislation.
- If the defect manifests itself within six months from the receipt of the goods by the Buyer, the goods shall be deemed to have been defective already upon receipt. The Buyer is entitled to assert rights for defects that occur in consumer goods within a period of twenty-four months from the date of acceptance. This provision shall not apply to goods sold at a lower price because of a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to second-hand goods because of a defect corresponding to the degree of use or wear and tear which the goods had when they were taken over by the Buyer, or if this is apparent from the nature of the goods.
- In the event of a defect, the Buyer may submit a claim to the Seller and demand:
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- if it is a defect that can be remedied:
- free removal of defective goods,
- exchange of goods for new goods,
- if it is a defect which cannot be remedied:
- a reasonable discount on the purchase price,
- withdraw from the contract.
- if it is a defect that can be remedied:
- The Buyer has the right to withdraw from the contract,
- if the goods have a defect which cannot be remedied and which prevents the item from being properly used as an item without defect,
- if he/she cannot use the goods properly due to the recurrence of defects or defects after repair,
- if he/she cannot use the goods properly due to a large number of defects in the goods.
- The Seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible, possibly also in the registered office or place of business. The Consumer may also lodge a complaint with a person designated by the Seller. If the Consumer’s complaint is handled by a person appointed by the Seller, this person may only handle the complaint by handing over the repaired goods, otherwise the complaint shall be forwarded to the Seller for handling. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as a confirmation of the date and method of handling the complaint, including a confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint.
- If the Consumer submits a claim, the Seller or his/her authorized employee or designated person is obliged to instruct the Consumer about his rights arising from the defective performance. On the basis of the Consumer’s decision which of the rights arising from the defective performance he/she claims, the Seller or his/her authorized employee or designated person is obliged to determine the method of handling the claim immediately, in complex cases no later than within three working days from the date of the claim, in justified cases, especially if a complex technical assessment of the condition of the goods is required, no later than within 30 days from the date of the claim. Once the method of handling the complaint has been determined, the complaint, including the rectification of the defect, must be handled immediately; in justified cases, the complaint may also be handled at a later date. However, the processing of the complaint, including the removal of the defect, must not take longer than 30 days from the date of the complaint. The expiration of this period shall be considered a material breach of contract and the Buyer shall have the right to withdraw from the contract of sale or shall have the right to exchange the goods for new goods. The moment of claim is considered to be the moment when the expression of the Buyer’s will (exercise of the right from the defective performance) occurs to the Seller.
- The Seller shall inform the Buyer in writing of the outcome of the complaint, no later than 30 days from the date of the complaint.
- The right from defective performance does not belong to the Buyer if the Buyer knew before taking over the thing that the thing has a defect or if the Buyer himself/herself caused the defect.
- In the event of a justified claim, the Buyer is entitled to compensation for the costs reasonably incurred in connection with the claim. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period.
- The Buyer has the choice of the method of complaint and its handling if there are several options.
- The rights and obligations of the contracting parties with respect to rights arising from defective performance shall be governed by Sections 499 to 510, 596 to 600 and 619 to 627 of Act No. 40/1964 Coll. Civil Code, as amended, and Act No. 250/2007 Coll., on Consumer Protection, as amended.
- Other rights and obligations of the parties related to the Seller’s liability for defects are regulated by the Seller’s Complaints Regulations.
