GENERAL TERMS AND CONDITIONS OF PSí HUBÍK s.r.o., COMPANY REGISTRATION NUMBER: 27751414, WITH ITS REGISTERED OFFICE AT DOLNÍ 23, 763 62 TLUMAČOV
These General Terms and Conditions (“TCs”) shall apply in the purchase of goods on the www.psihubik.cz online shop operated by PSí HUBÍK s.r.o., registration number: 27751414, with its registered office at Dolní 23, 763 62 Tlumačov, entered in the Companies Register maintained by the Regional Court in Brno, in Part C, File 56598.
These TCs govern, in accordance with the provisions of Section 1751(1) of Act No 89/2012, the Civil Code, the contractual relationships concerning the sale and production of goods between PSí HUBÍK s.r.o., registration number: 27751414, with its registered office at Dolní 23, 763 62 Tlumačov, entered in the Companies Register maintained by the Regional Court in Brno, in Part C, File 56598 (the “Seller”) and a natural personal or legal person (the “Buyer”).
These TC also govern the rights and obligations of the parties in the use of the website of the Seller at www.psihubik.cz (the “Website”) and other related legal relationships.
Differing provisions agreed in a contract shall always prevail over the provisions of these TC. The provisions of the TC form an inseparable part of the sales contract. The contract and the TC are always executed in either Czech, English or German. A contract with the Seller may only be executed in Czech, English or German. Should a discrepancy occur between the language versions of the TC, the version signed by the ordering party shall prevail.
All contractual relationships are established in accordance with Act No 89/2012, the Civil Code, and with the legal order of the Czech Republic. By submitting an order, the Buyer confirms that s/he has acquainted him/herself with these TCs, of which the Returns and Exchanges Policy forms an inseparable part, and expressly agrees to them. The Buyer was notified of these TCs sufficiently in advance before the order was placed, and has the option to acquaint itself with them in detail.
2. DEFINITION OF TERMS
The Seller is PSí HUBÍK s.r.o., registration number: 27751414, with its registered office at Dolní 23, 763 62 Tlumačov, entered in the Companies Register maintained by the Regional Court in Brno, in Part C, File 56598. The contact details are as follows: e-mail: firstname.lastname@example.org, telephone: +420 577 929 723.
The Buyer is a consumer or a businessperson.
A consumer is a natural person whose activities in the conclusion and fulfilment of a contract with the Seller do not pertain to his/her business activities or professional occupation. In entering into commercial relationships, the consumer submits to the Seller only the contact details that are necessary for smoothly processing the Order or, if relevant, details that s/he wishes to have displayed on the relevant proof of purchase.
Legal relationships between the Seller and a consumer that are not explicitly governed by these TCs shall be governed by the relevant provisions of Act No 89/2012, the Commercial Code, and Act No 634/1992 on Consumer Protection, both as amended, and related regulations.
A businessperson shall be understood as:
- a person entered in the companies register (primarily a company);
- a person conducting business based on a trade licence (self-employed person entered in the trade register);
- a person conducting business on a basis other than that of a trade licence, under special regulations (e.g. members of liberal professions);
- a person carrying out agricultural production and registered based on special legal regulations.
Legal relationships between the Seller and a Buyer legally defined as a businessperson that are not explicitly governed by these TCs nor by a sales contract between the Seller and the Buyer shall be governed by the relevant provisions of Act No 89/2012, the Commercial Code, as amended, and related regulations.
3. Sales contract with consumer
A sales contract concluded with a consumer means each sales contract, provided that the Parties are on the one hand the consumer (exclusively a natural person; see the definition of consumer under Point 2 of this Article of the TCs) and on the other hand the Seller.
3. PROCESSING OF PERSONAL DATA
All handling of the personal data of the Ordering Parties, respectively of customers at PSí HUBÍK s.r.o., shall be governed by Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the “General Data Protection Regulation” or the GDPR”), by Act No 110/2019, on the Processing of Personal Data, and by other legal regulations valid within the territory of the Czech Republic.
The Buyer, through its freely-made decision to conclude a sales contract with the Seller, grants its free, specific, informed, and unambiguous consent to the provision and further processing of his/her personal data to the Seller for the purposes of fulfilling an order of goods (i.e. processing of personal data in fulfilling a contract) and for the purposes of the business activities of the Seller (i.e. PSí HUBÍK s.r.o.). Provision of personal data is freely given and informed. The data subject (Buyer) has the right in particular to access for an unlimited period the personal data that the Seller holds on him/her and is entitled to the protection of his/her rights as specified in the GDPR. Such consent to the provision of personal data may be withdrawn at any time by the Buyer in writing. Should the data subject withdraw his/her consent and no other reason exists for processing the personal data, they shall be deleted or anonymised by the Seller. Should the data subject revoke consent to the provision of his/her personal data, which are necessary for fulfilling the obligations of the Seller arising from a concluded contract, such withdrawal shall have no effect unless the data subject, i.e. the Buyer, simultaneously withdraws from a contract. The personal data shall be fully secured by the Seller against misuse. Data shall be stored and shall not be provided to any third Parties or entities with the exception of PSí HUBÍK s.r.o.
By providing personal data (name and surname, address, telephone number and e-mail) and concluding a sales contract with the Seller, the Buyer voluntarily agrees to data that s/he added or shared in a specific case or that was obtained about him/her based on a concluded sales contract or in browsing the online shop (i.e. PSí HUBÍK s.r.o.) being processed by the operator of the online shop and Seller, the details of which are listed in the Preamble of these TCs, as the controller, for the purpose of providing the services and products of the controller, for sending data about the controller’s activities, by electronic means (especially e-mail, text messages and telemarketing), underAct No 480/2004 on Certain Information Society Services, until such consent is withdrawn (e.g. by sending notification of the withdrawal of previously granted consent to the e-mail address email@example.com, or simply by clicking on the website link included in an e-mail message). The data controller may authorise a third party to act as a data processor and process the personal data referred to previously.
The controller hereby informs the data subject and provides him/her explicit guidance on the rights deriving from Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the “GDPR”) and on and Act No 110/2019, on the Processing of Personal Data, i.e. in particular that the provision of personal data to the controller is voluntary, that the data subject has the right to access for an unlimited period the data, has the right to revoke the above consent at any time in writing by contacting the controller, should the data subject’s rights be violated, and further has the right to contact the competent European Union supervisory body overseeing compliance with the GDPR, or the Office for Personal Data Protection, and to request an appropriate remedy. Should the Buyer wish to correct or update the personal data the Seller processes about him/her, s/he may do so by using the e-mail address firstname.lastname@example.org or at the above postal address of the Seller.
The customer agrees to the placing of cookies on the customer’s computer. Should the Seller’s obligations under a contract be fulfilled without the placing of cookies on a customer’s computer, under the preceding paragraph the customer may at any time withdraw such consent.
4. CONCLUSION OF SALES CONTRACT
The Seller’s website (the “Website”) contains the Seller’s offer of goods, and the Seller’s offer of services, consisting in the production of goods based on the wishes and requirements of individual customers. The provisions of Section 1732(2) of the Civil Code do not apply to relationships between the Seller and any third parties (including the Buyer).
As standard, the prices on the Website include value added tax (“VAT”) and all related fees. For a Buyer who is a consumer, the final prices, including VAT and all other charges, are displayed before the contract is concluded. The offer of the Seller and the prices remain valid for the period they are displayed on the Website. This provision does not restrict the Seller’s ability to conclude a contract on individually negotiated terms. If a price is displayed on the Website, it shall be understood to be the price excluding associated delivery costs and thus applies only to personal collection of the goods from the Seller’s shop in Tlumačov or Plzeň. Upon selection of the services and goods, information on the associated packaging and delivery costs of the customised goods is displayed for the Buyer.
If a price is displayed on the Website, the sales contract shall be concluded as specified in the TCs. Application of the provisions of Section 1740(3) of the Civil Code is hereby excluded.
Should the price be displayed on the Website, the sales contract is concluded in the following manner. The Buyer completes the order on the Website. The order form may contain, in particular, information about the goods or services ordered (the goods or services ordered will be “added” by the Buyer to the electronic shopping basket on the Website), the delivery method of the ordered goods, and information about the related delivery of the goods (jointly referred to as the “Order”).
Before sending the Order to the Seller, the Buyer may review and amend the information it entered in the Order, in view of the Buyer’s option to rectify any errors occurring when entering data in the Order. The Buyer sends the Order by clicking on the “COMPLETE ORDER” button, at which point the Order becomes final. The information given in the Order is considered by the Seller to be correct. After the Order has been received, the Seller shall without delay inform the Purchaser of the receipt by sending an e-mail to the Purchaser, using the e-mail given in the Website or Order.
Depending on the nature of the Order (quantity of goods, price, estimated shipping costs), the Seller is always entitled to request the Buyer for additional confirmation of the Order (for example in writing or by telephone) or to ensure payment of the price.
The contractual relationship under the sales contract comes into effect upon the acceptance of the Order (acceptance), which the Seller sends, together with these TC, immediately to the Buyer via e-mail to the Buyer’s e-mail address, after the Order is sent. The resulting contract (including the agreed price) may only be amended or cancelled by agreement between the Parties or on legal grounds.
If no price is specified on the Website, the contract will be concluded as follows. The Seller may deliver a non-binding inquiry via the Website, by e-mail, telephone, surface mail or by another means. Based on such a request, the Seller sends by e-mail a draft sales contract to the Buyer. The contractual relationship arises in such a case upon delivery of confirmation that the draft sales contract has been received (acceptance), which the Buyer sends to the Seller. The contract may also be concluded in writing.
All offers of the sale of goods or services on the Website are non-binding, and the Seller is not obligated to conclude a contract for such goods or services. The Buyer acknowledges that the Seller is not obligated to conclude a contract, especially with persons having previously materially breached their contractual obligations to the Seller.
The Buyer agrees to the use of distance communication technology in concluding the contract. The Buyer shall bear the costs incurred when using distance communication technology in concluding the contract (internet connection costs and telephone costs).
The Seller is unable to store some types of less frequently sold goods on a long-term basis for capacity and economic reasons. When ordering customised goods, the Buyer undertakes to pay the Seller an advance on the sale price of the goods, in an agreed amount. The Seller is obligated to order the goods from the supplier only when the Buyer pays the advance in full. For payment of the advance, the Seller accepts the payment and delivery conditions specified in Sections 5 and 6 of these TC. The advance is refundable only if the Seller is unable to deliver the goods to the Buyer.
5. PAYMENT CONDITIONS
The offer and prices quoted on the Seller’s online shop are contractual, final, always current and valid for as long as they are offered by the Seller in the online shop. Shipping costs are listed in the “CONDITIONS OF DELIVERY” section. The final price after completion of the order includes shipping. The stated price of the goods when ordered by the Buyer is the price when the contract was concluded between the Seller and the Buyer.
An invoice based on a sales contract concluded between the Seller and the Buyer also serves as a delivery note. The Buyer may take over the goods in principle only after full payment, unless agreed otherwise.
Should the Ordering Party make a payment and the Contractor is subsequently unable to ensure the delivery of the good, the Contractor shall promptly return in the agreed manner the payment made by the Ordering Party. The time limit for reimbursement of the payment depends on the selected payment method but must not exceed 30 days from when the Contractor became unable to deliver. The goods remain the property of the Contractor until full payment (contractual reservation of title).
The Seller accepts the following payment arrangements:
- Cash on delivery (to selected countries – see table)
- Bank transfer (prepayment invoice; payment possible in CZK or EUR)
- Online payment by card (immediate payment via GoPay payment gateway)
- Online bank transfer (fast transfer of funds from your bank by GoPay payment gateway)
- By cash or card at the shop (Tlumačov or Plzeň)
Transaction fees are displayed on the electronic shopping basket, depending on the country of delivery.
NO FEE FOR CASH ON DELIVERY For orders over CZK 1000/EUR 40 (only in the Czech Republic and Slovakia).
|Country||Payment type||Price in CZK||Price in EUR|
|Czech Republic (consignment up to CZK 1000/EUR 40)||Cash on delivery||40.00||1.60|
|Slovakia (consignment up to CZK 1000/EUR 40)||Cash on delivery||60.00||2.40|
|Hungary||Cash on delivery||60.00||2.40|
|Poland||Cash on delivery||60.00||2.40|
6. DELIVERY CONDITIONS
The Seller shall deliver the goods by handing them over to the Buyer or to a carrier, thereby also passing on to the Buyer the risk of damage to the goods. The availability of the product is shown in the product details section on the Website. The delivery period depends on product availability, payment conditions and delivery conditions. The delivery period is a maximum of three days for goods in a warehouse. Under standard conditions, the Seller dispatches the goods within one working day from payment of the full purchase price. The delivery deadline is always as stated in the e-mail confirmation of the Order. If the goods are not in stock but can be ordered, they will be indicated as “AVAILABLE ON REQUEST”; in such a case the Seller informs the Buyer individually of the delivery period (telephone or e-mail).
The Buyer shall also receive an invoice with the delivery.
To ensure efficient delivery of the goods, the Seller reserves the right to send them to the Buyer in several deliveries, for which the Buyer shall pay the postal fee only for the first delivery. The delivery period for a goods for which the Buyer pays upon receipt, i.e. cash on deliver, commences on the date of validly concluding a sales contract under Article IV. of these TC. Should the Buyer choose a payment option other than reimbursement upon receipt of the goods, the delivery period commences upon full payment of the purchase price, i.e. when the payment is credited to the Seller’s account.
The Seller accepts the following payment arrangements:
- Czech Post: home delivery
- Czech Post: collect at post office
- Collection in person: Tlumačov shop
- Collection in person: Plzeň shop
Transaction fees are displayed on the electronic shopping basket, depending on the country of delivery.
FREE DELIVERY FOR ORDERS OVER CZK 1000/EU 40
(Only in the Czech Republic/Slovakia).
|Country||Delivery type||Price in CZK||Price in EUR|
|Czech Republic (consignment up to CZK 1000/EUR 40)||PPL||99.00||3.96|
|Czech Republic (consignment up to CZK 1000/EUR 40)||DPD||99.00||3.96|
|Czech Republic (consignment up to CZK 1000/EUR 40)||Czech Post: home delivery||130.00||5.20|
|Czech Republic (consignment up to CZK 1000/EUR 40)||Czech Post: collect at post office||130.00||5.20|
|Slovakia (consignment up to CZK 1000/EUR 40)||PPL||200.00||8.00|
|Slovakia (consignment up to CZK 1000/EUR 40)||DPD||200.00||8.00|
|Belgium||DPD - Classic||625.00||25.00|
|Bosnia & Hercegovina||DPD - Classic||959.00||38.36|
|Bulgaria||DPD - Classic||959.00||38.36|
|Croatia||DPD - Classic||799.00||31.96|
|Denmark||DPD - Classic||1120.00||44.80|
|Estonia||DPD - Classic||639.00||25.56|
|Finland||DPD - Classic||959.00||38.36|
|France||DPD - Classic||625.00||25.00|
|Germany||DPD - Classic||379.00||15.16|
|Greece||DPD - Classic||1119.00||44.76|
|Hungary||DPD - Classic||439.00||17.56|
|Ireland||DPD - Classic||799.00||31.96|
|Italy||DPD - Classic||639.00||25.56|
|Latvia||DPD - Classic||639.00||25.56|
|Lithuania||DPD - Classic||639.00||25.56|
|Luxembourg||DPD - Classic||1325.00||53.00|
|Netherlands||DPD - Classic||625.00||25.00|
|Norway||DPD - Classic||959.00||38.36|
|Portugal||DPD - Classic||959.00||38.36|
|Romania||DPD - Classic||959.00||38.36|
|Serbia||DPD - Classic||959.00||38.36|
|Slovenia||DPD - Classic||799.00||31.96|
|Spain||DPD - Classic||959.00||38.36|
|Sweden||DPD - Classic||959.00||38.36|
|Switzerland||DPD - Classic||1339.00||53.56|
|United Kingdom||DPD - Classic||625.00||25.00|
If your country is not on this list, no problem: we deliver the goods all over the world. Simply choose your country in the order form and we will contact you about the price and delivery method.
7. ELECTRONIC RECORDS OF SALES
Under the Act on Records of Sales (EET), the Seller is obligated to issue the Buyer a receipt and notify online the tax authority of such income; no later than 48 hours should a technical fault occur. EET confirmation for an online payment made by payment card featured on the shopping basket of the online shop will be sent to the Buyer on the nearest working day immediately after the data from the payment gateway is processed. Such an arrangement will also be indicated on the invoice.
8. EXCHANGE OF GOODS FREE OF CHARGE
The Seller offers the Buyer the option to exchange the goods free of charge within 14 days of their purchase. The goods can be exchanged once and can be sent to the Buyer, either by sending a goods of a new size or by another product.
9. WARRANTY AND REPAIRS
The warranty period for the sale of consumer goods is 24 months. If, on the articles sold, on their packaging or in the instructions attached to the articles, in accordance with special legal regulations, the usage limit of the goods is displayed, the warranty period shall terminate upon expiry of the above period.
The warranty does not apply to wear and tear of goods caused by normal use. For articles sold at a lower price, the warranty shall not cover defects as a result of which such a price was agreed.
For a used article, the Seller does not bear responsibility for defects corresponding to the extent of use or wear and tear evident in it when the Buyer received the article
To make a warranty claim, a purchase document (receipt or invoice) or warranty card must be presented. Should the goods be shipped to the Seller, they must be packaged for transport so as to avoid damage in transit.
10. OTHER RIGHTS AND OBLIGATIONS
While the Buyer is in delay in paying only part of the purchase price for the goods or an advance on the purchase price, the Seller is not obligated to Provide the Buyer, as the ordering party, with any services or goods under the sales contract.
The Seller is not bound by any codes of conduct under Section 1826(1)(e) of the Civil Code.
Should a consumer dispute arise from a sales contract or an agreement on the provision of services between the Parties under Section 14 of the Consumer Protection Act and cannot resolved by mutual agreement between the Parties, the consumer may apply for an out-of-court settlement of such a dispute to a designated arbitrator, which is:
- Czech Trade Inspection ADR Department, Štěpánská 15, 120 00, Praha 2, e-mail: email@example.com, Website: adr.coi.cz
The Seller informs the Buyer of a platform established by the European Commission for the settlement of consumer disputes between Sellers and buyers. Should a consumer dispute arise from a sales contract or an agreement on the provision of services between the parties and cannot be resolved by mutual agreement, a consumer may refer to the online dispute resolution platform set up by the European Commission via the http://ec.europa.eu/consumers/odr/ website. For dispute resolution, the consumer can make of use the interactive form on this platform.
The Seller is entitled to use the name of the company or the name of the Buyer for marketing purposes as a “reference” in all forms of promotional materials (regardless of the form of such promotional materials or the form in which they are communicated).
The parties agree to inform each other without delay of any facts that are may be important for the proper fulfilment of the contract.
A party is not liable for a failure to perform if it can prove that the failure was because of an impediment beyond its control, that it could not have reasonably foreseen the impediment at the time of contract formation, and that it could not have reasonably avoided or overcome its effects (force majeure).
The Buyer hereby assumes the risk for changing circumstances under the provisions of Section 1765(2) of the Civil Code.
Given the conclusion of a sales contract through distance communication technology, the Buyer, a consumer, may withdraw from this contract without penalty within 14 days of receipt of the good, in accordance with Section 1829(1) of the Civil Code. The above does not apply to a Buyer which is an entrepreneur and concludes a sales contract in connection with his/her business activities.
Should a consumer withdraw from the sales contract, the Seller shall return to him/her without undue delay, at the latest within 14 days of withdrawal from the contract, all funds, including all delivery costs incurred by him/her, under the contract, in the same manner. The Seller shall return by another means the funds it received from the consumer only if with the consent of the consumer and if s/he does not incur additional costs as a result.
If the consumer has chosen a type of delivery other than the least expensive option offered by the Seller, the Seller shall refund the consumer the delivery cost corresponding to the least expensive type of delivery available.
Should the consumer withdraw from the sales contract, the Seller is not obligated to reimburse the consumer payment before the consumer hands over the goods to the Seller or proves that they have been sent to the Seller.
For exercising his/her right to withdraw from the contract, the consumer must inform the Seller of the withdrawal through a unilateral legal act (for example, by a letter sent via a postal operator, by fax or e-mail, etc.). The consumer may also use the Contract Withdrawal Form (Form), which is displayed on the Seller’s website and is provided to the consumer before conclusion of the contract. However, the consumer is not obligated to use this form.
If the consumer has exercised his/her statutory right of withdrawal from the contract within 14 days of receipt of the good, s/he will return the purchased goods and return everything s/he has obtained based on the sales contract. Before returning the goods to the Seller, the consumer should properly package or otherwise ensure that the goods are not damaged upon return to the Seller (otherwise s/he exposes himself to the potential risk of liability for any diminished value of the good). If doing so is no longer feasible (e.g. in the meantime, the goods have been destroyed, consumed or used up), the consumer must provide monetary compensation in return for what can no longer be returned to the Seller.
The Seller reserves the right to withdraw from a contract should the Buyer fail to pay the purchase price in full within 30 days of the date of conclusion of the sales contract. The Contractor reserves the right to cancel an Order or part of it from the Ordering Party if the goods are no longer manufactured or supplied, or if the price charged by a supplier of the goods has changed significantly. Should the Ordering Party have already paid all or part of the agreed price, this amount shall be refunded.
12. CONCLUDING PROVISIONS
The Buyer shall enable the Seller to fulfil its obligations in connection with an offer/sales contract, for which it shall provide all necessary co-operation.
The Buyer undertakes to refund all costs incurred by the Seller in sending reminders and any costs incurred in connection with settling receivables.
The Buyer acknowledges that the Seller is authorised to assign its receivables to a third party under the contract.
The Buyer shall without delay inform the Seller about any change in the Buyer’s identification details or contact details, no later than five working days from the date when such a change occurred.
The Parties shall make every effort to settle any disputes arising from a contract or these TCs or both or in connection with them.
The binding relationship between the Parties shall be governed by the legal order of the Czech Republic, in particular Act No 89/2012, the Civil Code, as amended. For the purposes of a contract, the Parties shall:
- exclude the use of established business practices under the provisions of Section 558(2) of the Civil Code if the Buyer is a businessperson;
- exclude the provisions of Section 1748 of the Civil Code;
- exclude the application of the provisions of Sections 1799 and 1800 of the Civil Code, should the Buyer be a businessperson.
Unless otherwise explicitly stated, the commercial (delivery) conditions of the Buyer shall not apply to the contractual relationships between the Buyer and Seller.
For concluding a contract with cross-border implications in accordance with Article III of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on legislation applicable to contractual obligations (“Rome I Regulation”), the Parties have selected Czech law as the applicable legislation applying to a contract and these TCs, with the exclusion of the application of the United Nations Convention on the International Sale of Goods. Such a selection is not affected by Article VI of the Rome I Regulation, which concerns consumer contracts.
Should any of the provisions of the contract or these TCs or both be or become invalid or unenforceable, the validity and enforceability of the remaining provisions of the contract or these TCs or both shall not be affected. In such cases, the Parties shall undertake to replace the invalid or unenforceable provisions with valid and enforceable provisions, the effect of which comes as close as possible to the invalid or unenforceable provision.
For reasons of legal prudence, the Parties hereby declare, for concluding contracts with cross-border implications, for any disputes (except disputes falling under the exclusive jurisdiction of an arbitrator and/or disputes with a connection to them) or cases in which it would have been determined by a final decision of the court that there is no jurisdiction of the arbitrator under this article of the TCs, that in accordance with Article 23 of Council Regulation (EU) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, that the Parties shall in any future disputes arising from a contract and/or the TCs and/or disputes with a connection to them, submit to the exclusive jurisdiction of the District Court in Zlín. Likewise, the Parties hereby establish for all disputes in connection with the contract and the TCs (except disputes falling under the exclusive jurisdiction of an arbitrator and/or in connection with them) the exclusive jurisdiction of the District Court in Zlín.
These TCs come into effect on 25 May 2018 and are available on the website of the Seller. The Seller may amend these TCs at any time. These TCs subsequently lose their validity and come into force on the date the TCs becomes effective.
Done in Tlumačov on 25 May 2018
RETURNS AND EXCHANGES POLICY OF PSí HUBÍK S.R.O., IČ: 27751414, WITH ITS REGISTERED OFFICE AT DOLNÍ 23, 763 62 TLUMAČOV
Issued by PSí HUBÍK s.r.o. (the “Seller”),
For ensuring the correct procedure in filing and settling a claim in respect of defective consumer goods in accordance with Act No 89/2012, the Civil Code, as amended, and Act No 634/1992, on Consumer Protection, as amended.
I. DEFECTIVE PRODUCT CLAIM
If, upon receipt by the Buyer, the article sold does not conform to the sales contract or if the purchased goods are defective, the Buyer may file a defective product claim against the Seller under the Civil Code. A change in the characteristics of the goods that occurred during the warranty period because of wear and tear or misuse, improper use or treatment or damage caused by a fall cannot be considered a defect.
Should the Buyer file a defective product claim (“Claim”), the shop manager or an employee authorised by him/her is obligated to decide immediately on the eligibility of such a Claim, within three working days in more complex cases. This period does not include the time required for an assessment of the defect. An employee authorised to resolve Claims must always be present in the shop.
Claims, including rectification of defects, must be settled:
- without unnecessary delay;
- no later than 30 calendar days from when the Claim was filed;
- or a longer period upon which that the Seller and the Buyer can agree.
After the period for settling the Claim expires, the Purchaser has the same rights as a case in which a defect could not be remedied, under Article VI. of this Returns and Exchanges policy.
The shop manager or an employee authorised by him/her will accept the Claim if the goods are properly cleaned and dried, and the assessment of the Claim does not contravene the principles of hygiene.
II. WHERE A CLAIM MAY BE FILED
The Buyer should file the Claim in the shop where the goods were purchased.
However, the Buyer is entitled to file the Claim:
- at any establishment of the Seller where the Claim may be submitted, in view of the range of goods sold;
- in the shop or place of business of the Seller.
The Buyer is obligated to prove that s/he is eligible to file a Claim, i.e. that in addition to the detection (identification) of defects, s/he also indicates the place, price of the good, which is established ideally by a sales document, warranty card, delivery note or other credible means.
III. TIME LIMIT FOR FILING CLAIM
The Seller is responsible for ensuring that upon handover to the Buyer that the goods conform to the sales contract and for any defects occurring after the takeover by the Buyer, during the warranty period.
The period for filing a defective product claim (warranty period) is 24 months from the date of the goods were taken over at a shop or accepted from a carrier. At the request of the Buyer, the Seller is obligated to issue a warranty card upon sale, indicating the scope and terms of the warranty. If the nature of the article so permits, proof of purchase of is sufficient instead of the warranty card. The Buyer forfeits the right to file a Claim if it was not made during the warranty period. The Buyer must submit the Claim without undue delay immediately after the defect has been detected, so that the Claim can be properly assessed and settled. The warranty period should not be confused with durability, i.e. ability of a good to remain functional considering its characteristics, purpose and variations in how much it is used. If the Claim is settled by replacing the defective goods with new ones, the refund period runs again from when the Buyer receives the new goods.
IV. NON-CONFORMING GOODS
If the goods do not conform to the sales contract when the Buyer takes over the good, the Buyer is entitled to have the Seller restore the goods to a state conforming to the sales contract, as required by the Buyer, either by replacement or by repair. If such a procedure is not possible, the Buyer is entitled to a reasonable discount on the purchase price of the article or the Buyer may withdraw from the sales contract. A discount may not be claimed if the Buyer had been aware of the non-conformity before the article was taken over or itself caused the non-conformity.
Non-conformity with the sales contract detected six months after the goods are handed over is deemed present upon handover unless it contradicts the nature of the goods or is proved otherwise.
V. RECTIFIABLE DEFECTS
Rectifiable defects are considered to be defects whose removal does not negatively affect the appearance, function or quality of the products; a repair must be duly carried out within the specified period. Such a period for removing the defect must not exceed 30 calendar days or a longer period agreed by the Seller and the Buyer. It is the responsibility of the Seller to assess the nature of the defect. The Seller is obligated to restore the article to a state conforming to the sales contract, free of charge and without undue delay, as required by the Buyer, either by replacement, if it is not disproportionate in nature, or by repair. If such a procedure is not possible, the Buyer may request a reasonable discount on the price of the item or withdraw from the sales contract.
Should a defect occur in a used good, the Buyer has the right to request timely and proper rectification of the defect, free of charge only, and the Seller is obligated to remove the defect without delay. The warranty period does not include the period from when the Claim is filed to when the Buyer is obligated to take over the goods after the repair. The Seller is obligated to provide the Buyer confirmation (claim note) of when the Claim was filed, the repair and the duration of the repair.
VI. NON-RECTIFIABLE DEFECTS
Non-rectifiable defects are defects that cannot be completely remedied within a specified period and that prevent the product from being properly used. For a non-rectifiable defect, the buyer may request:
- exchange of a goods for non-defective goods;
- cancellation of the sales contract by the Buyer (the Buyer shall return the defective goods and be refunded the purchase price).
Should another non-rectifiable defect occur that does not prevent the goods from being used and the buyer does not require replacement of the goods, the Buyer may claim a reasonable discount on the price of the goods or withdraw from the sales contract.
If a rectifiable defect occurs in the goods after the previous two repairs (the defect re-occurs repeatedly after repair) or if at least three non-rectifiable defects occur in the goods at the same time, the Buyer has the same rights as in the case of an occurrence of non-rectifiable defects.
VII. GOODS SOLD AT A LOWER PRICE
Products with defects (defective new products or used products) that do not prevent them from being used for their intended purpose must be sold at lower prices only.
The Buyer must be informed that the product is defective and of the nature of the defect, unless it is obvious from the type of the sale. The Seller does not bear any responsibility for any defects in new or used products for which a lower price has been agreed.If a hidden defect exists in a product sold at a lower price and such a defect prevents the product from being used for its intended purpose, the Buyer is entitled make a defective product claim under Articles III., IV., and VI., of this Returns and Exchanges Policy. If a non-rectifiable defect occurs in the product sold at a lower price but does not prevent such a product from being used for its purpose, the Buyer is entitled to a reasonable discount on the price of the product. For used articles, the period may be shortened to 12 months, provided that the Seller agrees with the buyer in such a manner in each specific case. The Seller is subsequently obligated to indicate this period in the proof of purchase. If the price of the goods was reduced because of a clearance sale or final sale and if the goods are new, without defects, the Seller is fully liable for any defects in the goods sold.
VIII. DISPUTE RESOLUTION
Any disputes arising from this Returns and Exchanges Policy shall be settled by a court within the territory of the Czech Republic.