GENERAL TERMS AND CONDITIONS AND RETURNS AND EXCHANGES POLICY FOR PHYSICAL STORES OF PSí HUBÍK s.r.o

 

GENERAL TERMS AND CONDITIONS OF PSí HUBÍK s.r.o., COMPANY REGISTRATION NUMBER: 27751414, WITH ITS REGISTERED OFFICE AT DOLNÍ 23, 763 62 TLUMAČOV

 

1. PREAMBLE

 

These General Terms and Conditions (“TCs”) shall apply in the negotiation of a contract for the production, repair, alteration and other processing of motorcyclist clothing, including bespoke clothing, at the physical stores of PSí HUBÍK s.r.o., in which the producer of the clothing 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, and in the purchase of goods at the physical stores of PSí HUBÍK s.r.o.

The physical stores of the Contractor are located at:

  • Dolní 23, 763 62 Tlumačov
  • Daimlerova 3, 301 00 Plzeň

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 “Contractor”) and a natural personal or legal person (“Ordering Party”) arising

-      from a Contract for Work or

-      a sales contract or both.

 

The Contract for Work and the sales contract are jointly referred to in these TCs as the “Contract”.

 

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 Ordering Party confirms that it has acquainted itself with these TCs, of which the Returns and Exchanges Policy forms an inseparable part, and expressly agrees to them. The Ordering Party was notified of these TCs sufficiently in advance before the order was placed and a Contract was concluded, and has the option to acquaint itself with them in detail. These TCs shall form an inseparable part of the Contract.

 

2. DEFINITION OF TERMS

 

1. Contractor

The Contractor 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: psi@psi.eu, telephone: +420 577 929 723.

 

2. Ordering Party

The Ordering Party is a consumer or a businessperson.

 

A consumer is a natural person whose activities in the conclusion and fulfilment of a Contract with the Contractor do not pertain to his/her business activities or professional occupation. In entering into commercial relationships, the consumer submits to the Contractor only the contact details that are necessary for smoothly processing the order or, where relevant,  details that s/he wishes to have displayed on the relevant proof of purchase.

 

Legal relationships between the Contractor and a consumer that are not explicitly governed by these TCs shall be subject to 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 Contractor and an Ordering Party legally defined as a businessperson that are not explicitly governed by these TCs or by a Sales Contract between the Contractor and the Ordering Party shall be governed by the relevant provisions of Act No 89/2012, the Commercial Code, as amended, and related regulations. Individual provisions of the Contract shall prevail over the wording of these TCs.

 

3. Contract with consumer

A contract concluded with a consumer means each Sales Contract, Contract for Work, or other types of contracts governed by the Civil Code, 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, respectively the Contractor.

 

 

3. PROCESSING OF PERSONAL DATA, INCLUDING PERSONAL DATA PROCESSING

 

All handling of the personal data of the Ordering Parties, or as the case may be 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 Ordering Party, through its freely-made decision to conclude an agreement on the production of motorcyclist clothing with the Contractor, grants its free, specific, informed, and unambiguous consent to the provision and further processing of his/her personal data to the Contractor 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 Contractor (i.e. PSí HUBÍK s.r.o.). Provision of personal data is freely given and informed. The data subject has the right in particular to access for an unlimited period the personal data that the Contractor 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 Ordering Party 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 Contractor. 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 Ordering Party, simultaneously withdraws from a Contract. The personal data shall be fully secured by the Contractor 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 and concluding a Contract with the Contractor, the Ordering Party 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 a Contract for Work or in browsing the online shop (i.e. PSí HUBÍK s.r.o.) being processed by the operator of the online shop and Contractor, 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 psi@psi.eu, 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 Ordering Party wish to correct or update the personal data the Contractor processes about him/her, s/he may do so by using the e-mail address psi@psi.eu or at the above postal address of the Contractor.

 

 

4. CONCLUDING CONTRACT AT SHOP

 

These TCs regulate the conclusion of a Contract at a physical store of the Contractor in Tlumačov or Plzeň. By concluding a Contract for Work or Sales Contract, the Ordering Party confirms that it has duly acquainted itself with and agrees to these TCs, including the Returns and Exchanges Policy. The Contract is concluded when both Parties reach a consensus on the content thereof and the Ordering Party receives written confirmation from the Contractor of the order placed with it by the Ordering Party. The concluded Contract (including the agreed price for the production of the motorcyclist clothing or the purchase of goods) may be amended or cancelled upon agreement of the Parties or based on legal reasons. 

When ordering customised goods, the Ordering Party undertakes to pay the Contractor an advance on the purchase price of the goods/price of a bespoke article(s), in an agreed amount. The Contractor is obligated to order the goods from the supplier only when the Ordering Party pays the advance in full. For payment of the advance, the Contractor accepts the payment and delivery conditions specified in Sections 5 and 6 of these TCs. The advance is refundable only if the Contractor becomes unable to deliver the goods to the Ordering Party. 

These TCs are produced in Czech, English and German versions. The Sales Contract and Contract for Work may be concluded also only in Czech, English and German. For a specific Contract, the TCs in the same language version such as a Sales Contract shall always apply. Should a discrepancy occur between the language versions of these TCs, the language version of the TCs signed by the Ordering Party shall prevail. After a Contract is concluded, it shall not be possible to establish whether any errors had occurred during data processing before the placing the order, or to rectify them. A concluded Contract is archived by the Client and is available upon the request of the Ordering Party for two years after the contract is signed.

  

5. SUBJECT MATTER OF CONTRACT FOR WORK

 

Under a Contract for Work, the Contractor undertakes to produce, at its own expense and at its own risk, for the Ordering Party an article (articles) specified in a Contract for Work, and the Ordering Party undertakes to remunerate the Contractor for such an article (articles) at an amount specified in the Contract for Work.

For the rights and obligations of the Parties in connection with customised goods under the Contract for Work, the provisions of these TCs governing the handling of goods shall apply.

 

 

6. PRODUCTION OF ARTICLE

 

The Ordering Party agrees that the Contractor may commence fulfilling the Contract for Work immediately after it is concluded. The Ordering Party, which is a consumer, acknowledges that should the Contractor fulfil the Contract for Work before the end of the period of withdrawal from the Contract, the Ordering Party shall forfeit the right to withdraw from the Contract for Work.

 

The Contractor is obligated to produce an article with due care and in accordance with generally binding legal regulations. The Provider is obligated when producing the goods to act independently and in accordance with the interests of the Ordering Party.

 

The Ordering Party is obligated to provide the Contractor (its employees and external providers) the necessary co-operation, especially if specific features of the clothing would not be entirely apparent (e.g. colour or size) or if producing them would be without purpose, or in relation to other questions of the Contractor concerning production of the article. The Ordering Party is obligated to respond as soon as possible to every question of the Contractor concerning production of the article, at the latest within three working days from when the question is submitted.

 

Unless agreed otherwise, the Contractor is not obligated to inspect the content and factual accuracy of the documents that the Ordering Party submitted for the purpose of producing the article. The Contractor is obligated to carry out with due care inspection of the technical accuracy of the documents in relation to the intended purpose arising from the concluded Contract.

 

The Contractor may authorise another party to produce the article. In doing so, however, the Contractor shall bear the same responsibility as if it had carried out such work itself.

 

Under a Contract, should the article include items (e.g. photographs, logo or brand), which are subject to third-party intellectual property rights, in such matters the Ordering Party is, among other things, in the treatment of such items obligated to comply with the (sub)licensing arrangements, which apply to such items and were disclosed to it by the Contractor.

 

Should the Ordering Party be delayed in providing assistance essential for producing the article, consisting in submitting the appropriate documents to the Contractor, the Contractor may produce the article in a form as much as it is able without such co-operation (provision of documents).

 

Should the Ordering Party be delayed in providing assistance necessary for producing the article, consisting in handing over the appropriate documents to the Contractor, and for such reasons production cannot be continued, the Contractor shall fulfil its obligation to produce the article under the Contract for Work by completing part of the article that it is able to produce without the co-operation from the Ordering Party.

 

 

7. PAYMENT CONDITIONS

 

In concluding a Contract between the Ordering Party and the Contractor, the price stated in a Contract shall apply when ordering the motorcyclist clothing (goods) at the shop.

An invoice based on a Contract concluded between the Ordering Party and the Contractor also serves as a delivery note. The Ordering Party 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 goods, 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 it must not exceed 30 days from when the Contractor became unable to ensure delivery.

The goods remain the property of the Contractor until full payment (contractual reservation of title).

 

The Contractor accepts the following payment arrangements:

  • Bank transfer (payment possible in CZK or EUR)
  • In cash at a shop (Tlumačov or Plzeň) (payment possible in CZK or EUR)
  • By payment card at a shop (Tlumačov or Plzeň)
  • Cash on delivery (to selected countries – see table)
  • PayPal (a surcharge of 4% of the total amount shall be added to the price. A PayPal account is necessary)
 
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

 

8. DELIVERY CONDITIONS

 

The Contractor shall deliver the goods by handing them over to the Ordering Party or to a carrier, thereby also passing on to the Ordering Party the risk of damage to the goods. The delivery period depends on product availability, payment conditions and delivery conditions, and especially on the individual circumstances of each order for the bespoke motorcyclist clothing or for other goods. The delivery deadline is always as stated in a Contract.

 

The Ordering Party shall also receive an invoice with the delivery.

 

For goods paid for by the Ordering Party upon handover, i.e. cash on delivery, the delivery period commences on the date of conclusion of a valid Contract. Should the Ordering Party choose a payment option other than reimbursement upon receipt of the goods, the delivery period commences from full payment of the article price, i.e. when the payment is credited to the Contractor’s account.

 

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 90.00 3.60
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
Austria DPD: Classic 439.00 17.56
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.

 

 

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 Contractor, they must be packaged for transport so as to avoid damage in transit.

 

 

10. TERMINATION

 

A Contract for Work may be terminated upon the written agreement of both Parties. Each of the Parties also has the right to withdraw from the contract unilaterally in writing for the reasons and in a manner specified in the concluded Contract for Work or based on the Civil Code. 

 

In the event of withdrawal from the contract as mentioned above, the Parties are obligated to return the goods provided to each other, unless doing so is precluded by the nature of the article in question, especially in the production of bespoke clothing.

 

The Contractor may withdraw from a Contract should the Ordering Party fail to pay the full amount of the agreed price or the required advance payment to the Contractor.

 

The Contractor reserves the right to cancel an order or part of it from the Ordering Party if the goods required for the article 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 to the Ordering Party’s bank account. 

 

 

11. CONCLUDING PROVISIONS

 

The Ordering Party shall enable the Contractor to fulfil its obligations in connection with a concluded Contract, to which it shall provide all necessary co-operation.

 

The Ordering Party undertakes to refund all costs incurred by the Contractor in sending reminders and any costs incurred in connection with settling receivables.

 

The Ordering Party acknowledges that the Contractor is authorised to assign its receivables to a third party under the Contract for Work.

 

The Ordering Party shall without delay inform the Client about any change in the Ordering Party’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 the 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 Section 558(2) of the Civil Code if the Ordering Party 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 Ordering Party be a businessperson.

 

Unless otherwise explicitly stated, the commercial (delivery) conditions of the Ordering Party shall not apply to the contractual relationships between the Ordering Party and Contractor.

 

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 the 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.

 

In the event of a dispute between us and the consumer arising from a Sales Contract or agreement on the provision of services that cannot be resolved by mutual agreement, the consumer may apply for an out-of-court settlement of such a dispute to a designated arbitrator, which is:

 

The Czech Trade Inspection Authority

Central Inspectorate – ADR Department

Štěpánská 15

120 00 Praha 2

 

E-mail: adr@coi.cz

Website: adr.coi.cz 

 

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 Contractor. The Contractor may amend these TCs at any time. The TCs subsequently lose their validity and come into force on the date these subsequent TCs become 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.