Reklamační řád

COMPLAINTS PROCEDURE

Article 1

Introductory Provisions

The buyer's rights arising from defective performance (hereinafter referred to as "complaints") must always be exercised in accordance with this Complaints Procedure. Matters not regulated by this Complaints Procedure shall be governed by the laws of the Czech Republic. The seller shall inform the buyer of this Complaints Procedure in an appropriate manner and shall provide it in written form upon the buyer's request. This Complaints Procedure complies with Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended effective from 1 January 2014.

The seller shall not be liable for defects in the following cases:

• the defect existed at the time of acceptance and a discount from the purchase price was agreed because of such defect,
• the goods are used goods and the defect corresponds to the degree of use or wear and tear present at the time of acceptance by the buyer,
• the defect arose as a result of normal wear and tear or follows from the nature of the goods (for example, expiry of their service life),
• the defect was caused by the buyer through improper use, storage, maintenance, intervention, or mechanical damage,
• the defect arose as a result of an external event beyond the seller's control.

Article 2

Making a Complaint

The buyer is entitled to make a complaint with the seller at any of the seller's business premises where complaints can be accepted with regard to the range of goods sold. The seller ensures the presence of an employee authorized to receive complaints throughout business hours. Complaints may also be submitted to a person designated in the confirmation issued by the seller, on the receipt, or in the warranty certificate, provided that such person is located at the seller's place of business or at a location closer to the buyer.

The buyer must prove their right to make a complaint, particularly by presenting proof of purchase, a warranty certificate, confirmation of rights arising from defective performance, or another reliable means of proving the purchase date. The buyer is not entitled to make a complaint regarding a defect that has already been claimed in the past if a reasonable discount on the purchase price was granted for that defect.

If exercising rights arising from defects would cause the consumer considerable inconvenience, particularly because the goods cannot be transported to the complaint location in the usual manner or because the goods are installed or form part of real property, the seller shall assess the defect, by agreement with the buyer, either on-site or in another appropriate way. In such a case, the buyer is obliged to provide the seller with the necessary cooperation.

Article 3

Time Limits for Exercising Rights

The buyer may exercise rights arising from defective performance within 24 months from the date of receiving the goods. For used goods, this period may be reduced to 12 months. Such reduction must be stated by the seller in the confirmation of rights arising from defective performance or in the sales document. After the expiry of the applicable period, rights arising from defects can no longer be exercised unless otherwise agreed by the contracting parties or unless the seller or manufacturer provides an additional quality guarantee beyond statutory obligations.

The buyer shall exercise rights arising from defective performance without undue delay after discovering a defect. The seller shall not be liable for any increase in damage if the buyer continues to use the goods despite being aware of the defect. If the buyer validly claims a defect, the limitation period does not run for the period during which the goods are being repaired and cannot be used by the buyer.

The buyer acknowledges that replacement of goods as part of the complaint settlement does not start a new period for exercising rights arising from defective performance. The original 24-month period from receipt of the purchased goods remains applicable. This period cannot be considered a determination of the service life of the goods, which depends on the characteristics of the product, its maintenance, and the manner and intensity of use, or an agreement between the buyer and the seller.

Article 4

Complaint Resolution

The seller is obliged to decide on a complaint immediately or, in more complex cases, within three business days. The time required for expert assessment of the defect is not included in this period. The seller shall issue the buyer written confirmation stating the date and place where the complaint was submitted, a description of the defect, the buyer's preferred method of resolution, and the method by which the buyer will be informed of the outcome.

The complaint, including removal of the defect, must be resolved without undue delay and no later than 30 days after submission unless a longer period is agreed between the seller and the buyer. Failure to meet this deadline shall be considered a material breach of contract. The seller is obliged to confirm in writing the method of complaint resolution and its duration. The buyer may not change the chosen method of complaint resolution without the seller's consent, except where the chosen solution cannot be implemented at all or within a reasonable time.

The buyer is obliged to collect the claimed goods within 30 days from the date on which the complaint should have been resolved at the latest. After this period, the seller is entitled to charge reasonable storage fees or sell the goods on behalf of the buyer. The seller must inform the buyer in advance of this procedure and provide an additional reasonable period for collection.

Article 5

Quality Upon Acceptance

The seller declares that the goods delivered to the buyer comply with Section 2161 of the Czech Civil Code, namely that:

• the goods possess the properties agreed between the buyer and the seller or, in the absence of such agreement, the properties described by the seller or manufacturer and reasonably expected by the buyer,
• the goods are suitable for the purpose stated by the seller or for the purpose for which goods of that type are normally used,
• the goods are supplied in the appropriate quantity, measure, or weight,
• the goods comply with applicable legal requirements.

If the goods do not meet the above requirements upon acceptance, the buyer is entitled to receive new defect-free goods unless such a remedy would be unreasonable given the nature of the item. If the defect concerns only a component of the goods, the buyer may request replacement of that component. If such replacement is not possible, the buyer may withdraw from the contract and request a full refund. However, where the nature of the defect makes such remedies disproportionate, particularly if the defect can be removed without undue delay, the buyer is entitled to free repair.

If the buyer does not withdraw from the contract or request replacement or repair, the buyer may request a reasonable discount on the purchase price. The buyer is also entitled to such discount if replacement or repair is not possible, if the seller fails to provide remedy within a reasonable time, or if providing such remedy would cause significant inconvenience to the buyer.

If a defect becomes apparent within six months of acceptance, it shall be presumed that the goods were already defective at the time of acceptance.

Article 6

Seller's Liability for Material and Non-Material Breach of Contract

The seller's liability for defects constituting either a material or non-material breach of contract applies to defects arising within 24 months of receipt of the goods and to defects not covered by the quality-upon-acceptance provisions of Article 5.

A defect is considered a material breach of contract if the buyer would not have entered into the contract had they foreseen the defect at the time of conclusion. In all other cases, the defect is considered a non-material breach of contract.

In the event of a material breach of contract, the buyer may choose between replacement of the goods, repair, a reasonable discount, or withdrawal from the contract with a full refund. In the event of a non-material breach of contract, the buyer is entitled to repair or a reasonable discount.

The buyer has the right to replacement, replacement of a component, a price reduction, or withdrawal from the contract regardless of the nature of the defect if repeated defects occur after repair or if multiple defects prevent normal use of the goods.

Article 7

Complaint Costs and Dispute Resolution

If the complaint is accepted as justified, the buyer is entitled to reimbursement of reasonably incurred costs associated with exercising their rights.

If the seller rejects the complaint as unjustified, the buyer, or both parties by mutual agreement, may request an independent expert assessment from a court-appointed expert in the relevant field.

If no agreement is reached between the buyer and the seller, the buyer may use existing out-of-court consumer dispute resolution systems or submit the dispute to the competent court.

Article 8

Contractual Quality Guarantee

If the seller provides a quality guarantee beyond statutory obligations, exercise of rights under such guarantee shall be governed by this Complaints Procedure unless otherwise specified in the warranty certificate or contractual documentation.