Return Policy
Return Policy
1. Introductory regulations
The rights of the buyer on the faulty execution (further only as “warranty claim”) must always be claimed according to this return policy. Matters which are not stated in this return policy comply with the legal code of the Czech Republic. The seller will inform the buyer with this return policy in an appropriate manner and if required by the buyer, the seller will provide him with a written from of this return policy. This return policy complies with law n. 89/2012 Sb. of the Civil Code.
The seller is not responsible for defects in these cases:
- if the defect has been on the goods at the time of buying, and for such fault, a negotiated discount is made of the purchase price,
- if it is a used goods and the defect corresponds with the amount of usage or wearing that the goods had when the buyer acquired it,
- if the defect was caused by the usual wearing and usage, or if it arises from the nature of the goods (e.g. expiration of the lifespan),
- if the defect was caused by the buyer and was cause by an inappropriate usage, storing, wrong maintenance, an intervention by the buyer or a mechanical defect,
- if the defect has been caused by an external event out of the control of the seller
2. Obligations of the buyer when taking delivery
2a) The buyer is obligated to check the delivery properly immediately after it is delivered, and if it is the case, state and describe the obvious damage in the shipping protocol of the carrier, or in the record about damage. The buyer is not required to accept the delivery from he carrier, if the parcel is obviously damaged. If the buyer does not state any obvious damages in the shipping protocol of the carrier and neither is a record about damage written down, the parcel is considered to be accepted by the buyer obviously undamaged.
2b) Hidden damages of the parcel (the contents of the parcel) must be reported to the seller by the buyer no later than in 2 working days from the taking delivery. The report must be made in a written form and with these informations: name and the address of the buyer, identification number of the package (posting number), description of the damage and a photo documentation of the damage (packaging, good).
3. Warranty Claim
3a) The buyer has the right to claim warranty from the seller in any of his establishments, in which the seller states the warranty can be claimed, based on the range of products, or even in the headquarters of the company, or the place of the business. The seller ensures the presence of a worker authorised to accept warranty claims during the working hours.
3b) The buyer is obliged to prove that he has the right to claim the warranty, especially give evidence of the date of the sale, certificate about the obligations of the seller from the faulty execution of the warranty card, or, in some cases, some other credible way. The seller does not have to accept a warranty claim on a defect, which has already been criticised and for which a suitable discount of the purchase price has been provided.
3c) When applying for the rights arising from the faulty execution, the buyer will present a written notice to the seller (list of complaints), which has to provide necessary information:
- Name of the buyer
- Place of business
- Name and the amount of complained about goods, catalogue number, number of the invoice and seller’s delivery record, price for one piece, date of taking of the delivery
- Description of the defect of the goods
- Choice of right from the faulty execution
- Date and signature of the buyer
3d) If the buyer wishes to claim a different right from the faulty execution than the provision of a discount from the purchase price of the goods or service, he is required to hand over the complained-about goods alongside the list of complaints.
4. Period to exercise the rights
4a) The buyer is obligated to exercise his rights from faulty execution without a delay when he finds out that his goods is defected. The seller is not responsible for any increase in damage if the buyer uses the goods despite knowing about its defects. The seller reserves the right not to accept a complaint in such case.
4b) If the buyer rightfully applies the fault on the seller, the period to exercise the rights of faulty execution does not run as long as the goods is in a service, and the buyer cannot use it.
4c) The buyer has to announce the evident defects to the seller in a written form and that without a delay after the buyer found out about it from examining the goods after it was delivered. If the damages are hidden, then without a delay after the buyer found out about about it while carefully managing the goods. The buyer should not take more than 6 months to announce such defects from the goods delivery. The seller understands the term “without a delay” 7 calendar days.
4d) The buyer takes into consideration that in case of exchange of good based on the execution of a warranty claim, a new period to exercise the rights does not start.
4e) Period to exercise the rights of faulty execution cannot be regarded as a lifespan of the goods, which is different based on the qualities of the goods, its maintenance and the correctness and intensity of using, or a deal between the seller and the buyer.
5. Rights of faulty execution
5a) In case of a significant violation of the deal, the buyer has the right to:
- delivery of new goods without a defect, if it isn’t disproportionate considering the nature of the defect. If the defect is only one a component of the goods, the buyer can demand only an exchange of the component; if this isn’t possible, the buyer can withdraw from the deal. If it is disproportionate considering the nature of the defect, especially if the defect can be removed without a delay, the buyer has the right for a free removal of the defect.
- removal of the defect by repair
- proportionate discount from the purchase price of the goods or a service
- withdrawal from the deal in the extent of faulty execution
5b) If the defect is a not significant violation of the deal, the buyer has the right to:
- removal of the defect by repair
- proportionate discount from the purchase price of the goods or a service
5c) The choice between the aforementioned rights of the faulty execution can exercised by the buyer only in case the defect is announced by the buyer in the period according to 4a) and 4c) of this return policy and it is all delivered alongside a copy of delivery of a shipping protocol or a invoice, and alongside the faulty goods to the seller. The exercised right of the faulty execution cannot be altered without the approval from the seller.
5d) The right of the faulty execution is properly exercised if the faulty goods is delivered to the seller completely, and all information is written down as stated in 3c).
6. The execution of the complaint
6a) The period to exercise the rights of faulty execution of the delivery goods is set on 2 months from the day of proper exercise, as stated in 5d).
6b) The buyer is obligated to take the complained about goods in 30 days from the last day the complaint should have been dealt with. After this period, the seller has the right to adequately charge the buyer for the storing, or to sell the good on the account of the buyer. The seller has to inform the buyer about this process beforehand, and has to give the buyer an adequate additional period to take over the goods.
7. Closing regulations
7a) In cases not stated in this return policy, the relation between the seller and the buyer will follow the particular regulation in Civil code and to it related legal codes.
7b) This return policy comes into effect 1.2.2020.