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1.        RIGHTS OF DEFECTIVE PERFORMANCE (Complaints Procedure)

1.1       The rights and obligations of the contracting parties with regard to rights of defective performance are governed by the relevant generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

1.2       The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that, at the time, the Buyer took over the Goods:

1.1.1.     the Goods have the characteristics agreed between the parties and, in the absence of an agreement, have the 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,

1.1.2.     the Goods are suitable for the purpose for which the Seller states they are to be used or for which Goods of this kind are usually used,

1.1.3.     the Goods correspond in quality or execution to the agreed sample or specimen if the quality or execution was determined according to an agreed sample or specimen,

1.1.4.     the goods are in the appropriate quantity, measure or weight; and

1.1.5.     the Goods comply with the requirements of the legal regulations.

1.3       The provisions set out in this Article shall not apply to Goods in particular when:

a)     the defect was present at the time of acceptance, and a discount on the purchase price is agreed for such defect,

b)     the defect is caused by the Buyer and has been caused by improper use, storage, improper maintenance, interference by the Buyer or mechanical damage,

c)     the defect was caused by an external event beyond the Seller's control,

d)     it is normal wear and tear caused by the use of the Goods and not a defect,

e)     the utility and aesthetic values of the Goods have been prematurely exhausted by negligent use

f)      these are natural characteristics of the natural materials and not a defect (a defect in the Goods does not mean a normal colour or structural difference in natural or textile materials, painted or oiled surfaces, typical characteristics of wood or bamboo, including odour).

g)     the defect does not appear on the Goods even after a thorough professional examination.

1.4       If the defect manifests itself within six (6) months of the receipt, the Goods shall be deemed to have been defective upon receipt.

1.5       In the case of glass and ceramic products, it is not a defect if the colour shade differs from the samples displayed in the shop or from the printed pictures. Minor drawings, irregularities, and small dots in the glass surface (in the case of glassware) or the glaze (in the case of ceramic products) are not considered defects.

1.6       The Goods are also not defective if individual pieces of the same ceramic ware differ slightly in shape within a tolerance of 2 % of the stated dimensions.

1.7       The Seller has obligations arising from defective performance, at least to the extent of the effective manufacturer's obligations arising from defective performance. The Buyer is otherwise entitled to exercise the right to a defect that occurs in the consumer Goods within twenty-four (24) months of receipt. If a period for which the Goods may be used is indicated on the purchased Goods, their packaging, in the instructions accompanying the Goods, or in advertising in accordance with other legislation, the provisions on the guarantee of quality shall apply. By guaranteeing the quality, the Seller undertakes that the Goods will be suitable for their usual purpose or retain their usual characteristics for a certain period of time. If the Buyer has rightly alleged the defect in the Goods to the Seller, the period for exercising rights under the defective performance and the warranty period shall not run for the period during which the Buyer cannot use the defective Goods.

1.8       The provisions referred to hereinbefore shall not apply in the case of Goods sold at a lower price due to a defect for which the lower price was agreed, due to wear and tear caused by normal use of the Goods, in the case of second-hand Goods due to the defect corresponding to the level of use or wear and tear that the Goods had when taken over by the Buyer, or if this results from the nature of the Goods. The Buyer is not entitled to the right of defective performance if the Buyer knew before taking over the Goods that the Goods were defective or if the Buyer caused the defect.

1.9       The rights of liability for defects in the Goods shall be exercised with the Seller. However, if the certificate issued to the Seller regarding the scope of the rights of liability for defects (within the meaning of Section 2166 of the Civil Code) indicates another person designated to carry out the repair, who is in the place of the Seller or a place closer to the Buyer, the Buyer shall exercise the right to repair with the person designated to repair. Except in cases where another person is designated to repair pursuant to the preceding sentence, the Seller shall be obliged to accept the claim at any establishment where the acceptance of the claim is possible with regard to the range of products sold or services provided, or, where applicable, at the registered office or place of business. The Seller is obliged to issue the Buyer with written confirmation of when and how the Buyer exercised the right, what is the content of the complaint, and what method of handling the complaint the Buyer requires; as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint. This obligation also applies to other persons designated by the Seller to repair.

1.10    The Buyer shall inform the Seller of the right chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the Seller's consent; this does not apply if the Buyer has requested the repair of a defect that proves to be irreparable.

1.11    If the Goods do not have the characteristics set out herein, the Buyer may also demand the delivery of new Goods without defects, unless this is unreasonable in view of the nature of the defect, but if the defect concerns only a part of the Goods, the Buyer may only demand the replacement of the part; if this is not possible, the Buyer may withdraw from the Contract. If, however, this is disproportionate in view of the nature of the defect, in particular, if the defect can be remedied without undue delay, the Buyer is entitled to have the defect remedied free of charge. The Buyer is also entitled to the delivery of new Goods or the replacement of a part in the case of a removable defect if the Buyer cannot use the Goods properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the Buyer also has the right to withdraw from the Contract. If the Buyer does not withdraw from the Contract or does not exercise the right to deliver new Goods without defects, replace parts, or repair the Goods, the Buyer may demand a reasonable discount. 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 it would cause the Buyer considerable difficulties to remedy the defect.

1.12    In the case of replacement of the Goods, the previous warranty or liability period shall continue to run, and no new period shall run.

1.13    Anyone who has a right under Section 1923 of the Civil Code is also entitled to compensation for the costs reasonably incurred in exercising such right. However, if the right to compensation is not exercised within one (1) month after the expiry of the period within which the defect must be brought to the Seller's attention, the court shall not grant the right if the Seller argues that the right to compensation was not exercised in time.

1.14    The Seller reserves the right to make minor technical changes to the Goods sold.

1.15    The Seller is obliged to decide on the complaint immediately, in more complex cases within three (3) working days. This time limit does not include the time required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without undue delay, at the latest within thirty (30) days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiry of this time limit shall be considered a material breach of the Contract. The condition for these time limits is that the Buyer has provided the Seller with the necessary cooperation to settle the complaint, i.e. in particular, that the Buyer has allowed the Seller to examine the Goods under complaint.

1.16    The Seller is obliged to confirm to the Buyer in writing the method of handling the claim and the duration of the claim.

1.17    The condition of the Goods which the Buyer seeks to have examined must meet basic hygiene standards to enable the examination of the condition and defect detection of the Goods. The Seller recommends that the Goods sent for complaint must be properly cleaned. If the condition of the Goods handed over to the Seller for the assessment of the validity of the claimed defects does not meet the elementary hygiene requirements necessary for the examination of their condition, such goods will be sent back to the Buyer.

1.18    The Buyer shall not be entitled to change the method of handling the complaint once chosen without the Seller's consent, except in situations where the method chosen by the Buyer cannot be implemented.

1.19    The Buyer is obliged to take the claimed Goods over within thirty (30) days from the date when the claim should have been settled at the latest, after which the Seller is entitled to charge a storage fee of CZK 10/day or to sell the Buyer's Goods. The Seller must notify the Buyer of this procedure in advance and give the Buyer a reasonable additional period to take the Goods over.

1.20    The Seller is not obliged to provide the Buyer with replacement Goods while processing the claim.

1.21    In addition to its statutory obligations, the Seller shall provide the Buyer with a quality guarantee of two (2) years, or one (1) year for used Goods, unless the warranty card or product card specifies a longer guarantee. Its application is governed by the above provisions of the GTC unless the warranty card or the Contract or the information on the product card states otherwise.

1.22    The Seller shall return to the Buyer the financial means received from the Buyer in the same manner as the Seller received them from the Buyer unless otherwise agreed with the Buyer.

1.23    The Buyer may file a claim with the Seller, in particular by letter, e-mail, or in person through any of the Seller's premises.

1.24    If the Buyer claims damaged Goods from a set (i.e. from several pieces in a package), it is usually sufficient to send only the damaged part to the Seller, not the whole set. This also applies if the product is made up of several parts and the Seller is only claiming one part. The Seller recommends sending the Goods preferably in the original packaging or otherwise suitably packaged. It is not possible to send the Goods to the Seller on delivery.

1.25    The Seller recommends that all Goods sent to the Seller for assessment of the validity of any claimed defects be packed securely and correctly to prevent damage during transportation to the Seller. The Seller shall not be liable for any defects arising from transportation from the Buyer to the Seller.

1.26    If the Buyer purchases the Goods in connection with its business activity or in the course of its independent practice of its profession, the time limit for the settlement of the complaint shall be ninety (90) days.

1.27    If the Buyer purchases the Goods in connection with its business activity, the Buyer expressly acknowledges that the Seller excludes liability for damages (except for damages caused to a person's natural rights or caused intentionally or through gross negligence) that may occur to the Buyer as a result of the concluded Purchase Contract with the Seller.

1.28    If the buyer purchases the Goods in connection with its business activity or independent profession, the Buyer is obliged to claim obvious defects in the Goods within twenty-four (24) hours of delivery. Otherwise, the defects in the Goods shall be deemed to have been approved, and the Buyer's subsequent claims shall not be taken into account.  In the case of delivery of the Goods by a shipping service, such Buyer is further obliged to control the condition of the consignment and, in the event of an apparent breach of the transport packaging, to write a note of the condition of the consignment with the shipping service and not to accept the consignment. If the Goods with damaged shipping packaging are still accepted by the Buyer, it is assumed that the Buyer has approved any defects in the delivered Goods, and any subsequent claims will not be taken into account.

 

2.        Costs of Claims and Dispute Resolution

2.1       If the claim is accepted as justified, the Buyer who does not purchase the Goods in connection with its business activity or independent profession shall be entitled to reimbursement of the costs reasonably incurred in exercising its right. The Seller does not provide replacement Goods for the duration of the claim.

2.2       In the event that the Seller rejects the claim as unjustified, the Buyer, or both parties - upon an agreement with the Seller, may contact a forensic expert in the field and request an independent professional assessment of the defect.

2.3       If no agreement is reached between the Buyer and the Seller, the Buyer may turn to an existing out-of-court settlement of consumer disputes or to the competent court. In such a case, the Buyer – consumer may contact an out-of-court dispute settlement authority, such as the Czech Trade Inspection. For more information on out-of-court dispute settlements, the Seller can visit the Czech Trade Inspection website: http://www.coi.cz/cz/spotrebitel/prava-spotrebitelu/mimosoudni-reseni-spotrebitelskych-sporu-adr/

2.4       Out-of-court settlement of consumer complaints is handled by the Seller via the electronic address listed in the header. The Seller sends information about the settlement of the Buyer's complaint to the Buyer's electronic address.

2.5       The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

2.6       The Czech Trade Inspection is competent to the settlement of consumer disputes, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Business ID: 000 20 869, internet address: http://www.coi.cz.

2.7       The Seller is authorised to sell Goods on the basis of a trade licence. Trade control is carried out by the competent trade licensing authority within the scope of its competence. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection supervises, inter alia, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.

2.8       The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

2.9       If the Buyer purchases the Goods in connection with its business activity or its independent profession, the Buyer acknowledges that it is obliged to reimburse the Seller for the costs reasonably incurred by the Seller in connection with such claim being completely unsuccessful.

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