1. Introductory provisions


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 these Complaint Rules 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 at 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.

The seller is a natural person (entrepreneur):
Vlastislav Kabeláč Čiháček, ID. no.: 69181888, Na Vyhlídce 285, 25101 Tehov

The seller is not liable for defects in these cases:

• if the defect is in the item at the time of acceptance and a discount on the purchase price is agreed for such defect,
• if the goods are used and the defect corresponds to the degree of use or wear and tear the goods had when the buyer took them over,
• 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.

By accepting the goods and receiving the proof of purchase (or the warranty certificate) from the seller, the buyer agrees to this complaint procedure.

2. Warranty conditions

The buyer has the right to apply the warranty only for goods that are defective, covered by the warranty period and purchased from the seller. The Buyer has the right to file 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 on the warranty card, if the designated person is at the seller's location or at a location closer to the buyer. 

Before using the goods for the first time, the buyer is obliged to properly read the warranty conditions including the relevant user manual (instruction manual). In the event of use of the product in contravention of the user manual (instruction manual), the purchaser shall bear all consequences arising therefrom himself and any subsequent claim shall be deemed unjustified.


The buyer is obliged to prove that he is entitled to make a claim, in particular to prove the date of purchase, either by submitting a sales document, confirmation of the seller's obligations from the defective performance of the warranty certificate, or in another credible way.

The buyer is not entitled to claim for a defect that has been complained about in the past, if a reasonable discount on the purchase price has been granted. If the exercise of the right to claim under the defect should cause the consumer considerable difficulties, in particular because the item cannot be transported to the place of claim in the usual way or because the goods are mounted or part of the property, the seller shall assess the defect in agreement with the buyer either on the spot or in another way. In such a case, the buyer is obliged to provide the seller with the necessary assistance.

The warranty covers defects in materials, functional defects, defects in manufacture. The warranty does not cover defects caused by use contrary to the user manual. The warranty does not cover wear and tear caused by normal use. Furthermore, the warranty does not cover defects caused by:

• in a mechanical way

• corrosion or oxidation

• electrical surges in the power supply network

• improper installation, handling, operation

• unprofessional intervention or alteration of parameters

• natural elements or force majeure (floods, etc.)
• use of accessories other than those approved by the manufacturer

3. Warranty period

The Seller shall always issue the Buyer with a proof of purchase of the product, indicating the date of sale of the product, what the product is and the price at which the product was sold. In the case of the sale of used or modified products, defective products or products whose performance is otherwise limited, these facts must be clearly indicated on the document. The warranty period shall be governed by the provisions of the Civil Code. The warranty period starts from the date of receipt of the goods by the buyer, i.e. the date indicated on the warranty certificate or sales receipt.


The legal warranty period is 24 months for new goods. The seller may extend this statutory period. The warranty period is extended by the time the product has been under warranty repair.


For used goods, the warranty is 12 months, unless a longer period has been agreed.


The buyer shall exercise his rights from defective performance without undue delay after he discovers that the goods are defective. The seller is not liable for the increase in the extent of the damage if the buyer uses the goods although he knows about 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 in the event of replacement of the goods in the course of the settlement of the claim, no new period for exercising rights from 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. 

We offer all of our customers the opportunity to thoroughly test and try out used goods purchased from us. For all used goods, we provide a three-day contractual guarantee to test the item in addition to the requirements specified in the Civil Code. If, during the three-day period of use, a defect is found which reduces the use and utilisation of the goods or otherwise devalues them, the buyer may withdraw from the purchase contract and claim a refund.


This contractual guarantee does not cover defects caused by use in contravention of the user manual. The warranty does not cover wear and tear caused by normal use. The contractual guarantee must be invoked by the buyer within three calendar days from the date of receipt of the goods (as stated on the proof of purchase or warranty card).


The above warranty periods are intended for end customers.


4. Place of application

Complaints should preferably be sent to: 
Vlastislav Kabeláč Čiháček, Na Vyhlídce 285, 25101 Tehov

5. Complaint handling procedure

If the buyer discovers a defect in the delivered product during the warranty period that was not caused by its improper use, he has the right to claim the goods. The buyer must provide proof of purchase of the goods (or the warranty certificate, or otherwise prove that the goods were purchased from us).

The Seller is not obliged to repair defects in goods that are not covered by the warranty and that have been claimed unjustifiably. Neither is the seller obliged to repair the goods after the warranty period. The Seller is not liable for the content of the stored data and the settings of the device in the event of acceptance of the goods for claim.


The rights of liability for defects must be exercised within the warranty period, otherwise they will lapse. The Seller shall decide on the claim (i.e. whether the claimed goods will be accepted or rejected for claim settlement) immediately upon receipt of the claim, in complex cases within three working days, not including the time required for professional assessment of the claimed defect. The Seller or its authorised service organisation shall deal with the complaint, including the removal of the defect, without undue delay, but no later than 30 days from the date of the complaint.
 

The Seller is obliged to issue a written confirmation to the Buyer, in which he/she shall indicate the date and place of the claim, the characteristics of the claimed defect, the Buyer's requested method of settlement of the claim and the manner in which the Buyer will be informed of its settlement. The Buyer is not entitled to change the method of handling the complaint once chosen without the Seller's consent, except in situations where the chosen method of handling cannot be implemented at all or in time. In the event of a rejected complaint, the Seller shall provide the Consumer with a written justification for such rejection.


If it is a defect that can be removed, the buyer has the right to have it removed free of charge, in a timely and proper manner. If this is not disproportionate in view of the nature of the defect, the buyer may demand replacement of the item or, if the defect concerns only a part of the item, replacement of the part. If such a procedure is not possible, the buyer may demand a reasonable reduction in the price of the item or withdraw from the contract, in which case a credit note will be issued to the buyer and the money refunded. In the case of a discount, the defect cannot be claimed again later.


If there is a defect which cannot be removed and which prevents the item from being properly used as a defect-free item, the buyer has the right to exchange the item or has the right to withdraw from the contract, in which case a credit note will be issued to the buyer and the money refunded. The same rights may be exercised by the buyer if the defects are removable, but if the buyer cannot use the item properly due to the recurrence of the defect after repair or due to multiple defects.




The Buyer is obliged to take delivery of the claimed goods within 30 days from the date when the claim should have been settled at the latest, after which time the Seller is entitled to charge a reasonable storage fee or to sell the goods on his own at the expense of the Buyer. The seller must notify the buyer of this procedure in advance and give the buyer a reasonable additional period of time to take delivery of the goods. 


After the expiration of 30 days from the date of the complaint, the client has the rights as if the defect were irreparable, i.e. to exchange the goods, provide a reasonable discount or withdraw from the purchase contract and issue a credit note.


6. Quality on receipt

The Seller declares that he delivers the goods to the Buyer in accordance with the provisions of § 2161 of the Civil Code, i.e.:

• the goods have the characteristics agreed between the buyer and the seller and, in the absence of an agreement, those 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,
• the goods are fit for the purpose which the seller states for their use or for which a thing of that kind is usually used,
• the goods are goods in the appropriate quantity, measure or weight; and
• the goods comply with the requirements of the law.

If the goods do not meet the above requirements upon receipt by the buyer, the buyer has the right to have new goods delivered without defects, unless this is unreasonable due to the nature of the item. If the defect relates only to a part of the goods, the buyer may only demand replacement of the part; if this is not possible, he may withdraw from the contract and demand a full refund of the purchase price. However, if 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.



If the buyer does not withdraw from the contract or does not exercise the right to delivery of new goods without defects, to replacement of its parts or to repair, he may demand a reasonable discount from the purchase price. 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, or if the seller fails to remedy the defect within a reasonable time or if the remedy would cause the consumer considerable difficulty.



If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective on receipt. 

7. Liability of the seller for a defect that is a material and immaterial breach of contract

The seller's liability for defects which are a material or immaterial breach of contract shall apply to defects in the goods arising within 24 months of acceptance for defects for which liability for quality on acceptance does not apply pursuant to paragraph 6. A defect shall be deemed to be a material breach of contract if the buyer would not have concluded the contract if he had foreseen the defect when concluding the contract, otherwise it shall be a defect which is not a material breach of contract.



If the defect is a material breach of the contract, the buyer has the right, at his option, to have a new item delivered, to have it repaired, to receive a reasonable discount or to withdraw from the contract (with the right to a full refund of the purchase price). If the defect is an insubstantial breach of contract, the buyer has the right to have the defect remedied or a reasonable discount.



The buyer has the right to delivery of a new, defect-free item, replacement of a part, a price reduction or withdrawal from the contract, regardless of the nature of the defect, if he cannot use the item properly due to the recurrence of the defect after repair or due to a large number of defects. 

8. Claims and dispute resolution costs

If the claim is found to be justified, the buyer is entitled to reimbursement of the costs reasonably incurred in exercising his right.

If the seller rejects the claim as unjustified, the buyer, or both parties in agreement with the seller, may contact a forensic expert in the field and request an independent professional assessment of the defect.

9. Contractual quality guarantee

If the Seller has provided a quality guarantee in excess of its statutory obligations, its application shall be governed by this Complaint Procedure, unless the confirmation of the Seller's obligations from defective performance (warranty certificate) or the contract provides otherwise.

10. Final provisions

Complaints are governed by the Civil Code and the Consumer Protection Act. This Complaints Procedure comes into force on 1 January 2014 and fully cancels the previous Complaints Procedures. The Seller reserves the right to amend this Complaints Procedure without prior notice.

Information about customers is stored in accordance with the applicable laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 Coll., as amended.


All data obtained from customers is used by the Seller exclusively for the internal needs of the company and is not provided to third parties. Exceptions are information requested by law enforcement authorities.