Warranty and Complaints

Rights arising from defects for consumers

1. The Seller shall be liable to the Buyer that the goods are free of defects upon receipt. In particular, the Seller is liable to the Buyer that at the time when the Buyer took possession of the goods:

· the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have such characteristics as the Seller or manufacturer has described or which the Buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
· the goods are suitable for the purpose stated by the Seller for their use or for which the goods of this type are usually used,
· the goods are in the corresponding quantity, measure or weight, and
· the goods comply with the requirements of legal regulations.

2. If the defect becomes apparent within one year of receipt of the goods by the Buyer, the goods are deemed to be defective at the time of receipt. The Buyer is entitled to exercise the right arising from a defect that occurs in the consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price to a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to a defect corresponding to the degree of use or wear and tear that the goods had at the time of receipt by the Buyer, or if this results from the nature of the goods.

3. The right of the Buyer to exercise rights arising from defects in goods does not apply:

· in the case of goods sold at a lower price, for those defects for which a lower price of these goods has been agreed;
· to cases of wear and tear of goods caused by their normal use;
· in the case of a defect caused by the improper use of the goods, if it has led to their damage;
· in the case of used goods, to defects corresponding to the degree of use or wear that the goods already had when they were taken over by the Buyer;
· defects resulting from failure to comply with the instructions given by the Seller, manufacturer or distributor in the documentation for the goods;
· defects caused by an external event (e.g. intervention of a third party or unavoidable event, etc.).

4. In the event of a defect, the Buyer may submit a complaint to the Seller and demand the delivery of new goods without defects, unless this is disproportionate due to the nature of the defect; Otherwise (especially if the defect can be removed without undue delay), the Buyer is only entitled to a free removal of the defect. If the defect concerns only a detachable part of the goods, the Buyer may only demand the replacement of this component. In the case of a remediable defect, if the Buyer cannot use the goods properly due to the repeated occurrence of the defect after repair or due to a larger number of defects, the Seller has the right to deliver new goods or replace a part; For the purposes of this provision, repeated occurrence of a defect means at least three times the occurrence. If the Buyer does not withdraw from the purchase contract or if he does not exercise the right to the delivery of new goods without defects or to the replacement of a part of the goods or to the free repair of the goods, he may demand a reasonable discount. The Buyer is entitled to a reasonable discount even if the Seller is unable to deliver new goods without defects, replace a part of the goods or repair the goods, as well as if the Seller fails to remedy the goods within a reasonable time or if the remedy would cause significant difficulties to the Buyer.

5. The Buyer has the right to withdraw from the contract,

· if the goods have a material defect,
· if the item cannot be properly used due to the repeated occurrence of the defect or defects after repair,
· in the event that the goods exhibit a large number of defects.

6. The Seller is obliged to accept the complaint at any establishment where it is possible to accept it, or at its registered office, if it is different from the address of the establishment. The Seller is obliged to issue the Buyer with a written confirmation of the exact time of receipt of the complaint, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint.

7. The Seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time reasonable for the type of product or service necessary for the professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, no later than 30 days from the date of filing 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 filing a complaint is considered to be the moment when the Seller receives the expression of the Buyer's will (the exercise of the right arising from defective performance).

8. The Buyer is obliged to raise a complaint about defects in writing, where, in addition to the identification of the goods, the order and its confirmation and the defect, including its description, he also states what right he exercises from the defects of the goods. The Seller shall notify the Buyer of a statement on the complaint within 30 days at the latest, and the Seller shall be obliged to write a statement on the settlement of the complaint in accordance with Art. 19 par. 5 of the Act. No. 634/1992 Coll. on Consumer Protection, a protocol containing at least the following:

· the date of filing the complaint (the date of receipt of the defect statement);
· the reasons for the complaint;
· the method of handling the complaint requested by the Buyer;
· the result of the inspection of the claimed goods by the Seller or its contractual partner (manufacturer or distributor of the goods);
· the justification of the eligibility and the manner of its settlement (repair or replacement of goods), or;
· justification for rejecting the complaint.

9. The Buyer does not have the right arising from the defective performance if the Buyer knew before taking over the goods that the it exhibits a defect, or if the Buyer caused the defect himself. If the Buyer requires the delivery of new goods without defects, the Seller is obliged to send the new goods to the Buyer only after receiving the defective goods from the Buyer or after the Buyer has proved that he has sent the goods to the Seller.

10. In the event of a justified complaint, the Buyer has the right to reimbursement of reasonably incurred costs incurred in connection with the complaint. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period.

11. The Buyer shall be entitled to the choice of the method of settlement within the meaning of par. 4. hereabove.

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

Rights arising from defects for Entrepreneurs

1. Acceptance of products

1.1. The Seller is liable to the Buyer for the fact that the Product is free of defects upon receipt, in particular that it was delivered in the quantity, quality and design resulting from the Purchase Agreement and is able to serve the usual purpose for which similar products are used.

1.2. If the Buyer receives the Products from the carrier, he must check the integrity of the packaging and if he discovers any defects in the Product itself caused by shipping within 24 hours, he immediately reports this defect to the Seller. If the Buyer finds damage to the delivered Product caused during transport, he is obliged to indicate this fact upon receipt in the consignment and delivery note, or in another document accompanying the shipment of the Product. In this context, any visible defect on the packaging or the Product upon acceptance from the carrier must be stated in the shipping note and/or delivery note and confirmed by the carrier. The complaint will not be accepted if the Buyer complains about defects in the Product caused by its transport after 24 hours. The Buyer does not send the Product damaged by transport to the Seller but waits for the collection of the Products by the carrier, to whom the Seller will file a complaint about the transport based on the information provided by the Buyer. If the shipment is damaged or partially lost, the Buyer is obliged to ensure that the shipment is not tampered with in any way and that the packaging of the shipment in which the shipment was delivered to him is preserved. For the same reason, the shipment must not be destroyed or transported to another place without the seller's consent. In the case of damaged consignments, the Buyer is obliged to enable or ensure the possibility of inspecting the consignment also by a representative of the Buyer's insurance company or the carrier. The Buyer is aware that if the Buyer fails to comply with its obligations under this paragraph, there may not be sufficient evidence of the occurrence of damage, which may lead to the rejection of the complaint by the Seller.

1.3. The Buyer is obliged to inspect the delivered Products without undue delay after their receipt, with all the care that can be expected of him as an entrepreneur.

2. Claiming Defects by the Buyer

2.1. The Buyer is entitled to exercise the right arising from defects that the Product exhibited at the time of the transfer of the risk of damage to the Buyer, even if these defects do not become apparent until later, if the Seller does not provide the Buyer with a warranty for the Product, allowing him to assert claims for defects that arise on the Product during the warranty period.

2.2. In the event that the Product has defects meaning a material breach of the Purchase Agreement, the Buyer is entitled to:

a) require the defect to be removed by delivering a new Product without defects or by delivering a missing Product;
b) request the removal of the defect by repairing the Product;
c) to demand a reasonable discount on the purchase price;
d) request withdrawal from the Purchase Agreement.

2.3. The Buyer shall inform the Seller of the right he has chosen under the previous article, together with the sending of a notification (complaint) of the defect or without undue delay, no later than 3 days from the date of sending the notification of the defect in the Product. In the event that the right from defects is not chosen within the period specified above, the Buyer is entitled to the right as if it were a minor breach of the Purchase Agreement.

2.4. A material breach of the Purchase Agreement is considered to be a defect of which the Seller already knew or should have known at the time of concluding the Purchase Agreement that the Buyer would not have concluded the Purchase Agreement if he had foreseen this defect. In particular, a defect is considered to be material if the Product is not able to serve its purpose at all.

2.5. In the event that the Product has defects as a result of which the Purchase Agreement is materially breached, the Buyer is entitled to demand the removal of the defect or a reasonable discount on the purchase price. Until the claim for a discount on the purchase price or withdrawal from the Purchase Agreement is claimed, the Seller is entitled to proceed in accordance with Art. 2107 par. 2 of the Civil Code. In the event that the Seller fails to remove the defect in time or refuses to remove it, the Buyer is entitled to request a discount on the purchase price or withdraw from the Purchase Agreement.

3. Quality guarantee

3.1. Unless otherwise stipulated in the Catalogue or in the Technical Data or in an individual Purchase Agreement, the Seller provides a warranty for the quality of the Products for a period of 24 months. The warranty period runs from the date of delivery of the Products to the Buyer or, if the Product has been dispatched under the Purchase Agreement (DAP), the warranty period runs from the date of delivery of the Product to its destination.

3.2. With the quality guarantee, the Seller undertakes than the Product will be fit for use for its usual purpose for a certain period or that it will retain its usual properties.

3.3. The condition for exercising the rights under the warranty is that the Buyer uses the Product in the prescribed or usual manner, whereby the Seller bears no responsibility for defects and damages caused by use in any other way, and the Buyer is not entitled to the benefit resulting from the warranty in such a case.

3.4. The warranty for the quality of the Product does not cover its normal wear and tear.

4. Common provisions for making claims for defects

4.1. Regardless of whether the Buyer asserts claims under liability for defects or under warranty, he is entitled to assert them in the manner described in the article 2.

4.2. If the Buyer discovers defects in the Product, the Buyer must inform the Seller in writing without undue delay. The Buyer is obliged to file a complaint about the Product, service requests, or technical assistance with the Seller in writing at the address of the Seller's registered office or in person at the Seller's premises located at the same address as the Seller's registered office, during the operating hours of this establishment. The delivery of a larger quantity of Products than resulting from the Purchase Agreement is not considered a quantity defect. In such a case, the Buyer is entitled to reject the excessive quantity of Products within the period specified in this article, otherwise the Purchase Agreement is considered to have been concluded even in respect of the excessive quantity, and the Seller is entitled to payment of the Purchase Price corresponding to a larger quantity of Products.

4.3. In the event that the Buyer does not find and complain about defects that can be detected upon receipt within the period specified in Art. 2, he loses the rights arising from defective performance within the meaning of Art. 2112 of the Civil Code. This does not apply if the Seller must have obviously known about this defect when sending the Product to the Buyer.

4.4. Any compensation for damage caused by a defect in the Product is limited in amount to the amount corresponding to the purchase price of the given Product for which the Product was sold to the Buyer. The Seller shall not be liable for damage in the form of lost profit, nor for damage incurred by a person other than the Buyer.

4.5. The Seller is not liable for the delivered Products and the results of their use in the event of non-compliance with technological procedures, improper use, handling or storage.