Warranty and Claims

I. Withdrawal from the contract

1.    The buyer who entered the purchase contract outside of their business activity as a consumer has the right to withdraw from the purchase contract.

2.    The withdrawal period lasts 14 days

•          From the day pick-up of the goods,
•          From the day of pick-up of the last package of the goods, in case the subject matter of the contract is delivery of various goods or several parts,
•          From the day of pick-up of the first delivery, in case the subject matter of the contract is periodic delivery of goods.

3.    The buyer cannot withdraw from the purchase contract

•          of provision of services, if the services have been fulfilled with previous consent before the withdrawal period and the seller informed the buyer before entering into purchase contract that in such case the buyer does not have the right to withdraw from the purchase contract,
•          of delivery of the goods or services whose price depends on the financial market fluctuations independently on the seller’s will and which can happen during the withdrawal period,
•          of delivery of the goods that has been modified accordingly to the buyer’s desires of adapted for the individual,
•          of delivery of the goods that is perishable as well as the goods that has been irretrievably mixed with other goods,
•          of delivery of the goods in closed package which has unpacked by the buyer for the hygienic reasons cannot be returned,
•          of delivery of digital content, in case it was not delivered on data carrier and was delivered with consent of the buyer before the withdrawal period and the seller informed the buyer before entering into purchase contract that in such case the buyer does not have the right to withdraw from the purchase contract,
•          in other cases stated in § 1837 of the Civil Code.

4.    To abide the withdrawal period, the buyer has to send a declaration of withdrawal within the withdrawal period.

5.    For withdrawing from the purchase contract the buyer can utilize sample form provided by the seller. The buyer sends the withdrawal to the seller’s e-mail address or to the mailing address stated here in Terms and conditions. The seller confirms receiving of the form immediately.

6.    The buyer who has withdrawn from the contract is obliged to return the goods to the seller due to 14 days from withdrawing from the contract. The buyer bears the costs concerning the return of the goods to the seller, even if the goods by its nature cannot be returned by the usual delivery method.

7.    If the buyer withdraws from the contract, the seller returns him immediately (due to 14 days from withdrawing from the contract at the latest) all the expenses including shipping costs which the seller received from the buyer by the same manner in which the buyer received them. The seller returns the accepted finances in a different manner only if the buyer agrees on that and if no other expenses arise.

8.    If the buyer choses other than the cheapest method of delivery offered by the seller, the seller returns the shipping and delivery costs according to the cheapest offered method of delivery to the buyer.

9.    If the buyer withdraws from the purchase contract, the seller is not obliged to return the accepted finances sooner than the buyer returns the goods or proves sending the goods to the seller.

10.  The goods must be returned undamaged, without any deterioration and pollution and, if possible, in the original packaging. The seller is entitled to unilaterally compensate for any damage to the goods against the buyer’s claim for reimbursement of the purchase price.

11.  The seller is entitled to withdraw from the purchase contract due to sold out stock, the unavailability of goods, or if the manufacturer, importer or supplier of goods discontinued production or import. The seller informs immediately the buyer via e-mail stated in the order and returns all the finances (including shipping costs) that the seller accepted from the buyer based on the purchase contract within 14 days in the same manner, alternatively in the manner chosen by the buyer.

12.  Paragraph I. of this section does not apply to the buyer who is not direct consumer or does business, therefore such buyer cannot withdraw from the purchase contract. As such buyer is considered everyone who fills out IČ and DIČ (VATIN) or whose delivery address is a company.

II. Defective performance rights

1.    The seller guarantees the buyer that the provided goods are not defective. The seller guarantees the buyer especially that the provided goods

•          have the same properties that both sides agreed on, and if there is no agreement, the goods have such properties that the seller or the buyer described or that the buyer expected considering the nature of the goods and its advertising,
•          fit the purpose that the seller states or that the goods are usually used for,
•          correspond in terms of quality or design to the agreed sample or template, if the quality or design were determined before,
•          are of the corresponding amount, measurements and weight and
•          fit the required legislation.

2.    The seller’s defective performance obligations last at least as long as the manufacturer’s defective performance obligations. Otherwise the seller is entitled to exercise the right of defect that occurs at consumer goods within 24 months from receipt of goods.

3.    If there is a warranty on the goods, their packaging or in the instructions attached to the goods or in the advertising according to the other legislation, the quality guarantee provisions apply. The seller guarantees (by the means of quality guarantee provisions) that the goods will be for a certain period of time eligible for use for its usual purpose or that they preserve their usual properties. If the buyer rightfully accuses the seller of a defect in the goods, the time limit for exercising rights of defective performance and the warranty period shall not run for the period during which the buyer cannot use the defective goods.

4.    The provisions referred to in the preceding paragraph of the terms and conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if it results from the nature of the goods. The buyer is not entitled to the right of defective performance if he knew before taking over the goods that they were defective or if the buyer himself caused the defect.

5.    In case of a defect, the buyer may submit a complaint and demand

•          replacement with new goods,
•          repair of the goods,
•          a reasonable discount on the purchase price,
•          withdrawal from the contract.

6.    The buyer has the right to withdraw from the contract,

•          if the goods have a fundamental defect
•          if the goods cannot be used properly due to the recurrence of the defect or defects after repair
•          in case of multiple defect in the goods.

7.    The material breach of contract is such of which the breaching party already knew or must have known at the time of the conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach.

8.    In case of a defect that would mean a non-material breach of contract (regardless of whether the defect is repairable or not), the buyer is entitled to have the defect removed or a reasonable discount from the purchase price.

9.    If a repairable defect has occurred repeatedly after the repair (usually after the third complaint for the same defect or the fourth for different defects) or the goods have a greater amount of defects (usually at least three defects at the same time), the buyer has the right to claim a discount on the purchase price, exchange of goods or withdraw from the contract.

10.  When making a complaint, the buyer is obliged to inform the seller which of the rights he has chosen. A change of choice without the seller’s consent is only possible if the buyer has requested the repair of a defect that proves to be unrepairable. If the buyer does not choose his right from a material breach of contract in time, the buyer has the same rights as in the case of non-material breach of contract.

11.  If the repair or replacement of the goods is not possible, the buyer may demand a full refund purchase price upon withdrawal from the contract.

12.  It the seller proves that the buyer knew about the defect of the goods before accepting the goods or that the buyer caused the defect himself, the seller is not obliged to meet the buyer’s claim.

13.  The buyer cannot claim discounted goods for the reason for which the goods are discounted.

14.  The seller is obliged to accept the complaint at any brick-and-mortar shop where it is possible, possibly also at the registered office or place of business. 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 what method of handling of the complaint the buyer demands, as well as confirmation of the date and method of handling of the complaint, including confirmation of the repair and its duration, or written justification for the rejection of the complaint.

15.  The seller or his authorized employee shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the repair, must be handled without delay, at the latest within 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period of time. The expiry of this period in vain shall be considered material breach of contract and the buyer shall have the right to withdraw from the purchase contract. The moment when the buyer’s complaint (exercise of the defective performance right) reaches the seller is considered the moment of claiming.

16.  The seller shall inform the buyer in writing of the outcome of the complaint.

17.  The buyer is not entitled to the right of defective performance, if the buyer knew before taking over the goods that the goods had a defect, or if the buyer caused the defect himself.

18.  In case of a justified claim, the buyer is entitled to compensation for reasonable costs arising from the claim. The buyer may claim this right from the seller within one month after the expiry of the warranty period otherwise the court may not grant it.

19.  The buyer has the choice of the method of complaint.

20.  The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by Sections § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No.634/1992 Coll., on Consumer Protection.

21.  Other rights and obligations of the parties regarding the seller’s responsibility for defects are regulated by the seller’s Complaints Regulations.