REGULATIONS FOR WARRANTY CLAIMS
These regulations have been created in accordance with the provisions of the law of Act No. 89/2012 Coll., The Civil Code and Act no. 634/1992 Coll., The Consumer Protection Act, as amended (hereinafter referred to as the “Law”) and apply to Goods (hereinafter referred to as the “Goods”), in which the Buyer's rights from liability for defects are claimed during the warranty period ( hereinafter referred to as "Warranty Claim").
Consumeris any person who, in the course of his business or outside the scope of his own occupation, enters into a contract with an entrepreneur or negotiates with him.
Selleris entrepreneur Jaroslav Havlíček, with registered business location at Na Jíkalce 19c, 301 00 Plzeň, IČ: 73446955, registered in the Trade Register, is a person who, acts within his business or other business activities, when entering into and performing the contract. It is an entrepreneur who directly or through other businesses supplies products or services to the Buyer.
Customer of our e-shop is either buying consumer or Buyer, who acts within his business or other activity, when entering into contract and its performing.
DEFECTS OF GOODS
The Seller is responsible to the Consumer for delivering goods with no defects. In particular, the seller is responsible to the consumer that
- the goods correspond with all the offered, demanded and agreed properties at the time the consumer takes over the delivery and If such agreement is missing, then those are such characteristics, that the seller or manufacturer described or that the buyer was expecting with regards to the item's format and on the basis of what was implied in the advertisement,
- (b) the item is suitable for the purpose that the seller has indicated or for the purpose with which an item of its kind is normally used,
- (c) the item corresponds to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
- (d) the item is in the appropriate quantity, degree or weight; and
- (e) the item meets the requirements of its legal description.
RIGHTS IN CASE OF FAILURE OF GOODS
If the property does not have the above described properties, the buyer may also require the delivery of a new item without defects unless it is unreasonable due to the nature of the defect, but if the defect only affects a part of the item, the buyer may only require replacement of defected parts; if this is not possible, he/she can withdraw from the contract.
However, if the defect is disproportionate in regards to the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer has the right to the removal of the defect free of charge.
The buyer has the right to the delivery of a new item or replacement parts in the event the defect was remedied, if the item can not be used for recurrence of defect after repair or for more defects. In that case, the buyer has the right to withdraw from the contract.
If the buyer does not withdraw from the contract or does not use the right to delivery of a new item without defects, or to replace its part or to repair the item, he/she may request to receive a reasonable discount. The buyer has the right to a reasonable discount if the seller cannot deliver a new item without defects, replace its parts or repair the item. This applies even if the seller fails to remedy the defect within a reasonable time or if the remedy would cause considerable difficulties or inconvenience to the consumer.
The buyer is not entitled to the right of defective performance if the buyer knew before taking over the thing that the item has a defect or if the buyer himself caused the defect.
The consumer is entitled to use the right in cas of defect, that occurs in consumer goods within 24 months after receiving of it. If a defect occurs within six months after its receiving, it is assumed, that the item had a defect already when it was received.
The warranty period begins with the takeover of the Goods by the Customer. The warranty period for the Buyer is 24 months, but for the Buyer, who acts in the course of his business or other business when concluding and performing the contract, the warranty period is only 12 months. The warranty period is extended for as long as the Goods have been under warranty repair. In case of replacement of the Goods, a new warranty period starts from the beginning.
The Seller's liability for defects does not relate to the wear and tear of the item caused by its normal use; if the defects were reason for a discount, if it is in the nature of things.
At the consumer's request, the Seller is obliged to provide the consumer with a written confirmation of the obligations in case of warranty claim to the extent specified by law (warranty card). If the nature of the item permits, it is sufficient to issue to the Buyer, instead of the warranty card, proof of purchase of the item containing the information (invoice), which must contain the same information as a warranty card. The warranty card must contain the name and surname, name or business name of the Seller, identification number, business location, in the case of a legal person or residence in the case of a natural person. If longer than the statutory warranty is provided, the Seller will determine the terms and extent of the warranty extension in the warranty card.
The consumer is entitled to withdraw from the contract in all cases mentioned in the Law. Withdrawal is effective against the Seller from the moment the Buyer's statement of withdrawal is delivered to him, as long as all necessary legal conditions are met. In case of withdrawal from the contract, the contract is canceled from the outset and the parties are obliged to return everything provided on the basis of the contract. In the event of cancellation of the contract due to the exercise of rights arising from liability for defects, the Buyer shall only return the performance provided by the Seller to the extent that it is objectively possible in the given situation.