1. Liability for defects, warranty, claims, claim conditions
The Seller shall be liable to the Buyer for defects in the Subject of Sale if they occur on the Subject of Sale upon acceptance of the Subject of Sale, or in the warranty period, in accordance with the relevant provisions of the Civil Code, if the Buyer is an entrepreneur and according to the relevant provisions of the Civil Code and the Consumer Protection Act, if the Buyer is a consumer, and according to the rules set out in the Purchase Agreement.
The Buyer is obliged to perform a check of the Subject of Sale upon acceptance of the Subject of Sale and, if that is not possible, without undue delay after the acceptance of the Subject of Sale.
2. Liability for defects in relation to the Buyer who is the Consumer
The Seller is liable to the Buyer for the fact that the Subject of Sale is in accordance with the Purchase Agreement, in particular, that it is not defective. By agreement with the Purchase Agreement, it is understood that the subject of the sale has the quality and utility properties that the Purchase Contract requested, the Seller described, or according to an advertisement expected, or have quality and utility properties for such a thing of a customary nature. In the event that the Subject of Sale upon acceptance by the Buyer is not in accordance with the Purchase Agreement, the Buyer has the right that the Seller, free of charge and without undue delay, restore the Subject of Sale into accordance with the Purchase Agreement either by exchanging the Subject of Sale or repair or, where appropriate, to provide the Buyer with a reasonable discount from the Purchase Price; in the event of a material breach of contract, the Buyer also has the right to withdraw from the Purchase Agreement. This does not apply if the Buyer knew that the goods had a defect or if the Buyer had caused the defect itself, or if it was a defect that the Buyer had to know with the usual attention at the conclusion of the contract. Disagreement with the Purchase Agreement that occurs within six months of the date of acceptance of the Subject of Sale shall be deemed to be a disagreement existing upon its acceptance by the Buyer, unless this is contrary to the nature of the matter or unless the Seller proves otherwise.
Seller provides the goods with a 24-month warranty, unless stated otherwise on the goods or warranty card. The warranty period begins to run from the delivery of the goods to the Buyer; if the goods were sent under the contract, it runs from the obtaining of goods to the place of performance. The warranty period is stopped from the time the claim is made until the Buyer is obliged to take over the goods after the complaint has been settled. If the claim is solved by an exchange, the warranty period begins to run again from the receipt of the new goods. When replacing a defective part, the new warranty period only applies to the replaced item of the Subject of Sale.
In case of exercising the right to eliminate the defect by repairing things the Buyer has the right the defect was free, timely and properly removed. Seller is obliged to remove the complained defect without undue delay, but no later than within 30 calendar days from the date of the claim. Removable defects are defects that can be repaired without affecting the appearance, function, and quality of the product. In case of an removable defect, the Buyer shall have the right to exchange the goods or in case of a material breach of contract also to withdraw from the Purchase Contract if:
the claim has not been settled within 30 calendar days of the date of its application and no other settlement has occurred, or
unless the law provides otherwise, the Buyer cannot properly use the Subject of Sale because of repeated occurrence of the removable defect after repair or due to a greater number of removable defects. Re-occurrence of a defect after repair is the case if the same defect, which has been removed at least twice in the warranty period, re-occurs. There is a greater number of defects in the Subject of Sale if at the time of claiming at the same time at least three different (due to different causes) removeblae defects appear.
If the defect is not removable, which prevents the Subject of Sale from being properly used as a non-defective product, the Buyer shall, unless otherwise provided by the law, have the right to request replacement of the product for a new one or to withdraw from the Purchase Contract. An unremovable defect is considered to be a defect that cannot be eliminated or its removal is not expedient, taking into account all decisive circumstances.
3. Liability for defects in relation to the Buyer who is the Entrepreneur
Information on out-of-court settlement of consumer disputes: the Seller informs the Consumer within the meaning of Section 14 of Act No. 634/1992 Coll. on Consumer Protection, as amended (hereinafter also referred to as the "Consumer Protection Act"), that disputes between the Seller and the Consumer which have not been settled directly can also be solved through out-of-court settlement of consumer disputes. The subject of extrajudicial settlement of consumer disputes is in particular the Czech Trade Inspection (www.coi.cz); The Ministry of Industry and Trade maintains a list of out-of-court consumer dispute resolution entities. More information on out-of-court consumer disputes, the Consumer can find on the CTI page in particular. The legal regulation of out-of-court settlement of consumer disputes is contained in particular in the provisions of § 20d et seq. of the Consumer Protection Act.
4. Common Provisions
Claims can be claimed at any Seller's sales network in the Czech Republic. Claims must be made without undue delay as soon as the defect has occurred. Any delay with the continued use of the goods may result in a worsening of the defect, the deterioration of the goods and may be a reason for declining the claim.
The claim must be accompanied by a document certifying the date and place of acceptance of the Subject of Sale or the warranty card, if it was issued, the Subject of Sale itself in its entirety, cleaned, free of all impurities and hygienically safe, and the defect of the Subject of Sale must be identified. The Seller is entitled to refuse to accept goods that will not comply with the above general hygiene principles (Decree 306/2012 Coll., On Conditions for Prevention of Proliferation of Infectious Diseases). By failing to provide proof of the date and place of acceptance of the Subject of Sale, the Buyer is exposed to the risk of failure to prove the timeliness of the claim and the eligibility of the claim.
If the Buyer applies the right for defective performance, the Seller shall acknowledge them in written form when they claim the liability for defects and after processing the claim, also a confirmation of the way how the complaint is solved, as well as the possible repair and the time of the complaint procedure.
The warranty does not apply to normal wear and tear, to the loss of life of the product due to excessive use beyond the intended use or purpose of the product, as well as due to inappropriate care and use contrary to the intended purpose. For defects for which it was granted a discount on the purchase price, the Buyer cannot file a complaint.
