The buyer's rights regarding any faults on the part of the seller (henceforth known as "claims") must always be applied in accordance with the Complaints Procedure. Issues not dealt with in this document shall be governed by the laws of the Czech Republic. The seller makes the complaints procedure available for buyer with in an appropriate manner and at the purchaser's request, he shall submit it in text form. The complaints procedure is in accordance with Law no. 89/2012 Coll. The Civil Code and the Act no. 634/1992 Coll. on Consumer Protection, as amended on 1st January 2014.
The seller is not responsible for any defects in the following cases:
- if the merchandise is defective at the time of purchase and there is a discount negotiated from the price regarding said defect
- if the merchandise is second-hand and therefore has defects corresponding with normal wear and tear, which the buyer knew about at the time of purchase
- the defect occurred in the course of use or corresponds with the nature of merchandise (e.g. lifetime expiration)
- the defect is caused by buyer and created by improper use, storage, improper maintenance, violating the warranty or by mechanical damage
- the defect occurred due to external events beyond the control of the seller.
Filing a complaint
The buyer has the right to file a complaint to the seller, in any of his or her shops in which it is possible, taking into account the assortment of goods sold, or alternately at his or her company address or place of business. Thebseller ensures the presence of staff authorized to receive complaints throughout the opening hours. Complaints can also be filed with a person who is appointed to do so on a bill or in the warranty issued by the seller to the buyer, if the designated person at a place closer to the seller or the buyer.
The buyer has to prove that he or she has the right to file a complaint, especially to prove date of purchase, either by submitting a receipt, certificate of duties and responsibilities of the seller due to his or her faults with respect to the warranty or in another credible way. The buyer shall not be entitled to file a complaint for a defect which was criticized in the past, if he or she was given an appropriate reduction of the purchase price.
The deadline for exercising rights
The buyer may excercise his or her rights regarding any faults on the part of the seller within 24 months from the moment of purchase. The period for exercising the rights of any faults on the part of the seller may be shortened to 12 months with second-hand merchandise. This fact is indicated by the seller on the certificate detailing faults on the part of the seller or on the receipt . After passing the expiration date a complaint cannot be filled with the seller unless both parties agree otherwise or the seller or the manufacturer guarantee the quality beyond their legal obligations.
The buyer exercises his or her rights without any undue delay after discovering that the goods are faulty. Thebseller is not responsible for the increase in the extent of damage, if the buyer uses the goods, despite his or her knowledge of the defect. If the buyer's complaint is legitimate, the period for exercising the rights regarding defective performance is not in effect during the time of repairs when the buyer is not able to make use of his or her goods.
The buyer acknowledges that in the case of exchange of faulty goods a new period for filling complaints is not in effect. The period for filling complaints expires 24 months from the purchase of the claimed goods.
Thebperiod for filling complaints cannot be use to determine the lifetime of merchandise. The lifetime of merchandise varries with respect to the properties of the product, its maintenance and accuracy and intensity of use or is based upon an agreement between the buyer and the seller.
The seller has to process a complaint immediately, in complicated cases within three working days. This period does not include the time required for expert assessment of the defect. The seller has to give the buyer a written acknowledgment, stating the date and place of the claim, the characteristics of the alleged defect, the buyer desired method of claim handling and how the buyer will be informed about its execution. Claims, including the removal of defects must be settled without undue delay, within 30 days of the claim, unless the seller and buyer agree on a longer period. Expiry of that period shall be deemed a fundamental breach of contract. The seller is obliged to confirm the method of settling the claim and the duration of said claim to the buyer in writing. The buyer shall not, without the consent of the seller changed once chosen method of settling the claim except in cases when the selected method of solution cannot be completed on time or at all.
The buyer is obliged to accept the claimed goods within 30 days from the date the complaint should be dealt with at the latest. After this time, the seller is entitled to charge a reasonable storage fee or sell the goods. The seller must notify the buyer about this procedure in advance and he or she has to give the buyer a reasonable additional time for picking up the merchandise.
Quality at the moment of purchase
The seller declares that he or she gives the merchandise to the buyer in accordance with § 2161 of the Civil Code, namely:
- the merchandise has the properties that the buyer agreed upon with the seller, and at the absence of any agreement, such properties, which the seller or manufacturer has described or which the buyers expected given the nature of the merchandise and on the basis of advertising carried out by them,
- the merchandise fits the purpose of its use or the purpose the seller claims it to be fit for or to which a thing of this type is normally used
- the merchandise is of the right quantity, measure or weight and
- the merchandise meets the legal requirements.
In the event that the merchandise does not match the above written requirements, the buyer has the right to new goods free of defects, unless it is unrealistic due to the nature of said merchandise. If the defect affects only a part of the thing, the buyer may require replacement of solely those parts; if this is not possible, he or she may withdraw from the contract and demand the return of the purchase price in full. If, however, such claim is unrealistic due the nature of merchandise, especially in cases where the defect can be easily removed, the buyer has a right to a repair free of charge.
Unless the buyer withdraws from the contract or wants new goods free of defects to be delivered or claims replacement of defective parts or claims repairs, he or she may request a reasonable discount on the purchase price. The buyer has the right to an adequate discount, even if the seller cannot deliver new goods free of defects, replace the parts or repair the goods, as well as in the event that the seller fails to provide a solution within a reasonable time period or in case such a solution would cause substantial difficulties to the buyer.
In case there is a defect within six months since purchase, the merchandise is considered to have been defective upon delivery.
The Seller's liability for defects, which are significant or insignificant breaches of contract
The seller's liability for defects that are significant or insignificant breaches of contract, shall apply to defects of merchandise which become apparent during 24 months following the purchase, more specifically to defects where the seller does not claim liability in accordance to Article 5.
If the defect is a significant breach of contract, the buyer has the right to obtain a new merchandise, repair, appropriate discount or to withdraw from the contract (with the right to a refund of the purchase price in full). If the defect is an insignificant breach of the contract, the buyer has the right to the removal of defects or an appropriate discount.
The buyer has the right to a new defectless merchandise, parts exchange, discount or to withdraw from the contract regardless of the nature of the defect, if he or she cannot use the thing properly due to the recurring defect or due to a large number of defects.
Costs and dispute resolution
If the complaint is accepted as legitimate, the buyer is entitled to reimbursement of reasonable expenses associated with exercising his or her rights.
If the seller rejects the claim as unjustified, the buyer (or both parties should they reach an agreement) can seek an expert in the field and request an independent expert assessment of the defect.
If an agreement between the buyer and the seller is not reached, the buyer can turn to existing systems of extrajudicial settlement of consumer disputes, in particular at www.vasestiznosti.cz, or to the relevant court.
If the seller has provided a quality guarantee beyond his or her legal obligations, the rights of he buyer shall be governed by this Complaints Procedure, unless the certificate of liability of the seller or the warranty or the contract state otherwise.