I.- Introductory Provisions
The Buyer’s rights arising from defective performance (hereinafter referred to as “claims”) must always be exercised in accordance with these Claims Procedure. Matters not regulated by these Complaint Rules shall be governed by the law of the Czech Republic. The Seller shall acquaint the Buyer with this Complaint Procedure in an appropriate manner and shall provide it to the Buyer in text form at the Buyer’s request. This Complaints Procedure complies with Act no. 89/2012 Coll. Civil Code and Act No. 634/1992 Coll. on consumer protection as amended on 1.11.2019.
II. – The seller is not liable for defects in the following cases
- if the defect is in the item at the time of acceptance and a discount on the purchase price is agreed for such defect,
- if the goods are used and the defect corresponds to the level of use or wear and tear that the goods had when they were taken over by the buyer,
- the defect has been caused by wear and tear caused by normal use or by the nature of the item (e.g. expiry of its useful life),
- is caused by the buyer and is caused by improper use, storage, improper maintenance, interference by the buyer or mechanical damage,
- the defect was caused by an external event beyond the seller’s control.
III. – Making a claim
The Buyer has the right to file a claim with the Seller, in any of its premises where the acceptance of the claim is possible with regard to the range of goods sold, or at its registered office or place of business. The Seller shall ensure the presence of an employee authorized to receive complaints during all operating hours. The claim can also be filed with the person designated in the confirmation issued by the seller to the buyer, on the receipt or in the warranty card, if the designated person is in the place of the seller or in a place closer to the buyer.
The buyer is obliged to prove that he has the right to claim, in particular to prove the date of purchase, either by submitting a sales document, confirmation of the seller’s obligations from the defective performance of the warranty certificate, or. in any other credible way. The buyer is not entitled to claim for a defect that has been complained about in the past, if a reasonable discount on the purchase price has been granted.
If the exercise of the right to claim for defects should cause significant difficulties for the consumer, in particular because the item cannot be transported to the place of claim in the usual way or the goods are mounted or part of the property, the seller shall assess the defect in agreement with the buyer either on the spot or in another way. In such case, the buyer is obliged to provide the seller with the necessary cooperation.
IV. – Time limit for exercising rights
The buyer may exercise his rights from defective performance within 24 months, in the case of the sale of consumer goods, from the receipt of the goods. In the case of used goods, the time limit for exercising the rights of defective performance may be reduced to 12 months; such reduction of the time limit shall be indicated by the seller in the confirmation of the obligations of defective performance or on the sales document. After the expiration of the time limit, the right to claim defects from the seller cannot be exercised, unless the parties agree otherwise or the seller or the manufacturer provides a special guarantee for quality beyond its legal obligations.
The buyer shall exercise his rights from defective performance without undue delay after he discovers that the goods are defective. The seller is not liable for the increase in the extent of damage if the buyer uses the goods although he knows about the defect. If the buyer asserts the defect against the seller rightfully, the time limit for asserting rights from the defective performance does not run for the period during which the goods are under repair and the buyer cannot use them.
The Buyer acknowledges that in the event of replacement of the goods in the course of the settlement of the claim, no new period for exercising rights from defective performance shall run.
The time limit for exercising rights under defects cannot be considered as a determination of the life of the goods, which varies with respect to the characteristics of the product, its maintenance and the correctness and intensity of use or the agreement between the buyer and the seller. If the sold item, its packaging or the instructions attached to it are marked with a time limit for the use of the item in accordance with special legal regulations, the time period shall expire on the expiry of this time limit.
V. – Complaint handling
The seller is obliged to decide on the complaint immediately, in more complex cases within three working days. This time limit does not include the time required for a professional assessment of the defect. The Seller is obliged to issue a written confirmation to the Buyer, in which he/she shall indicate the date and place of the claim, the characteristics of the claimed defect, the Buyer’s requested method of settlement of the claim and the manner in which the Buyer will be informed of its settlement. Complaints including the removal of defects must be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. Failure to meet this deadline in vain shall be considered a material breach of contract. The Seller is obliged to confirm in writing to the Buyer the method of handling the claim and the duration of the claim. The Buyer is not entitled to change the method of complaint settlement once chosen without the Seller’s consent, except in situations where the chosen method of settlement cannot be implemented at all or in time.
The Buyer is obliged to take delivery of the claimed goods within 30 days from the date when the claim should have been settled at the latest, after which time the Seller is entitled to charge a reasonable storage fee or to sell the goods on his own at the Buyer’s expense. The seller must notify the buyer of this procedure in advance and give the buyer a reasonable additional period of time to take delivery of the goods.
VI. – Quality on receipt
The Seller declares that he delivers the goods to the Buyer in accordance with the provisions of § 2161 of the Civil Code, i.e.:
- the goods have the characteristics agreed between the buyer and the seller and, in the absence of an agreement, those characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
- the goods are fit for the purpose for which the seller states they are to be used or for which the item is usually used,
- the goods are the goods in the appropriate quantity, measure or weight; and
- the goods meet the requirements of the legislation.
If the goods do not meet the above requirements upon receipt by the buyer, the buyer has the right to have new goods delivered without defects, unless this is unreasonable due to the nature of the item. If the defect concerns only a part of the item, the buyer can only demand replacement of the part; if this is not possible, he can withdraw from the contract and demand a full refund of the purchase price. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to have the defect removed free of charge.
If the buyer does not withdraw from the contract or does not exercise the right to delivery of new goods without defects, to replacement of its parts or to repair, he may demand a reasonable discount from the purchase price. The buyer is also entitled to a reasonable discount if the seller cannot 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 defect within a reasonable time or if the remedy would cause significant difficulties for the consumer.
If a defect appears within six months of receipt, the item is deemed to have been defective upon receipt.
VII. – Seller’s liability for defect, which is a material and immaterial breach of contract
The seller’s liability for defects that are a material or immaterial breach of contract shall apply to defects in goods arising within a period of 24 months in the case of consumer goods, for defects for which liability for quality upon acceptance does not apply pursuant to Art. VI. . A defect is considered to be a material breach of contract if the buyer would not have concluded the contract if he had foreseen the defect when concluding the contract, otherwise it is a defect that is not a material breach of contract.
If the defect is a material breach of contract, the buyer has the right to have a new item delivered, repaired, a reasonable discount, or to withdraw from the contract (with the right to a full refund of the purchase price) at the buyer’s option. If the defect is an insignificant breach of contract, the buyer is entitled to have the defect removed or a reasonable discount.
The buyer has the right to delivery of a new, defect-free item, replacement of a part, a price reduction or withdrawal from the contract regardless of the nature of the defect, if the item cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects.
VIII. – Claims and dispute resolution costs
If the claim is found to be justified, the buyer is entitled to reimbursement of the costs reasonably incurred in exercising his right.
In the event that the seller rejects the claim as unjustified, the buyer, or both parties in agreement with the seller, may contact a forensic expert in the field and request an independent professional assessment of the defect.
If there is no agreement between the buyer and the seller, the buyer may turn to existing systems of out-of-court resolution of consumer disputes, in particular to the system www.vasestiznosti.cz, or to the competent court.
IX. – Contractual quality guarantee
If the Seller has provided a quality guarantee in excess of its statutory obligations, its application shall be governed by this Complaint Procedure, unless the confirmation of the Seller’s obligations from defective performance (warranty certificate) or the contract provides otherwise.
This Complaints Procedure is effective from 1. January 2014.