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 covered by this Complaints Procedure shall be governed by the law of the Czech Republic. The Seller shall inform the Buyer of this Complaint Procedure in an appropriate manner and shall provide it to the Buyer in text 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 on 1 January 2014. This Complaints Procedure applies only to a buyer who is a consumer, i.e. a person who, unlike the seller, does not act in the course of his business or in the course of his independent exercise of his profession when concluding and performing a contract.
The seller is not liable for defects in these cases:
if the defect is in the goods at the time of acceptance and a discount on the purchase price is agreed for such defect,
if the goods are second-hand and the defect corresponds to the degree of use or wear and tear which the goods had at the time of receipt by the buyer,
the defect has been caused by wear and tear caused by normal use or by the nature of the goods (e.g. expiry of their useful life),
is caused by the buyer and has been 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.
Exercise of the claim
The Buyer shall have the right to lodge a claim with the Seller, at 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 authorised to receive complaints at all times during business hours. The complaint may also be lodged with the person designated for that purpose in the certificate issued by the seller to the buyer, on the receipt or in the warranty card, if the designated person is at the seller's location or at a location closer to the buyer.
The buyer is obliged to prove that he is entitled to make a claim, in particular to prove the date of purchase, either by presenting a sales receipt, a confirmation of the seller's obligations under the defective performance of the warranty certificate, or in any other credible way. The buyer shall not be entitled to claim for a defect which has been complained of in the past, provided that a reasonable discount on the purchase price has been granted.
If the exercise of the right to claim for defects would cause considerable difficulties for the consumer, in particular because the item cannot be transported to the place of the claim in the usual way or because the goods are mounted or part of the property, the seller shall assess the defect either on the spot or in another way in agreement with the buyer. In such a case, the buyer is obliged to provide the seller with the necessary assistance.
Time limit for exercising rights
The consumer buyer may exercise his rights arising from the defective performance within 24 months of receipt of the goods. In the case of second-hand goods, the time limit for exercising the rights arising from defective performance may be reduced to 12 months; such reduction of the time limit shall be indicated by the seller in the certificate of obligations arising from defective performance or on the sales note. After the expiry of the time limit, the defect right may not be exercised against the seller unless the parties agree otherwise or the seller or the manufacturer provides a special guarantee of quality in excess of its statutory obligations.
The buyer shall exercise his rights under the defective performance without undue delay after he discovers that the goods are defective. The seller shall not be liable for any increase in the extent of the damage if the buyer uses the goods although he is aware of the defect. If the buyer asserts the defect against the seller rightfully, the time limit for asserting rights under 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 if the goods are replaced as part of the settlement of the claim, no new time limit for exercising the rights of defective performance shall run. The time limit will expire 24 months after receipt after purchase of the claimed goods.
The time limit for exercising rights under defects cannot be considered as a determination of the lifetime of the goods, which varies with regard to the characteristics of the product, its maintenance and the correctness and intensity of use or the agreement between the buyer and the seller.
Handling of claims
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 stating the date and place of the claim, the characteristics of the defect complained of, the method of settlement requested by the Buyer and the manner in which the Buyer will be informed of the settlement. The complaint, including the removal of the defect, 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. If the last day of the time limit falls on a Saturday, Sunday or public holiday, the last day of the time limit shall be the next working day. The expiry of this period in vain shall be considered a material breach of contract. The Seller shall confirm to the Buyer in writing the manner in which the claim is to be settled and the duration of the claim. The Buyer shall not be entitled without the consent of
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