1. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:
• the goods have the characteristics agreed and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of advertising made by the seller
• the goods are fit for the purpose stated by the seller for their use or for which goods of this type are usually used,
• the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
• the goods are in the appropriate quantity, measure or weight, and
• the goods comply with the requirements of legal regulations.
2. If the defect becomes apparent within six months of receipt of the goods by the buyer, the goods shall be deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to second-hand goods to a defect corresponding to the degree of use or wear the goods had when taken over by the buyer, or this due to the nature of the goods.
3. In the case of a defect, the buyer may submit a complaint to the seller and request:
• exchange for new goods,
• repair of goods,
• an adequate discount from the purchase price,
• withdraw from the contract.
4. The buyer has the right to withdraw from the contract,
• if the goods have a substantive defect,
• if the item cannot be used properly due to the recurrence of the defect or defects after repair,
• with a larger number of defects in the goods.
5. The buyer reports the complaint by e-mail to the e-mail address of the seller specified in these terms and conditions: email@example.com.
The seller is obliged to accept the complaint in the establishment in which the acceptance of the complaint is possible, or in the seat of business.
Establishment: Kamenická 56, Prague 7, 170 00, Czech Republic
The seller is obliged to contact the buyer regarding the course and subsequent settlement of the complaint by e-mail and issue a written confirmation of when the buyer exercised the right, what is the content of the complaint and what method of handling the buyer requires, as well as confirmation of the date and method of handling on the implementation of the repair and its duration, or a written justification for rejecting the complaint.
6. The seller or an employee intrusting by seller shall decide on the complaint immediately, in complex cases within three working days. Reclamation, including the elimination of defects, must be settled immediately, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of claim is considered to be the moment when the expression of the will of the buyer (exercise of the right from defective performance) occurs to the seller.
7. The seller informs the buyer in writing (by e-mail) about the result of the reclamation.
8. The right of defective performance does not belong to the buyer, if the buyer knew before taking over the goods have a defect, or if the buyer caused the defect themselves.
9. In the case of a justified reclamation, the buyer has the right to reimbursement of purposefully incurred costs in connection with the reclamation. The buyer can exercise this right from the seller within one month after the expiration of the guarantee period.
10. The buyer has the choice of the method of reclamation.
11. The rights and obligations of the contracting parties regarding the 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.