Complaints Procedure

valid from 1.11.2020

I.- 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 upon the Buyer's request. This Complaints Procedure complies with Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll. on Consumer Protection as amended on 1 January 2014.

  1. - The seller is not liable for defects in the following 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 claim is made later than "immediately" after delivery in the case of a shipment of perishable goods, i.e. in particular an assortment from a restaurant menu
  • if the goods are used and the defect corresponds to the level of use or wear and tear that the goods had when they were taken over by the buyer,
  • the defect has been caused by wear and tear caused by normal use or by the nature of the item (e.g. expiry of its useful life),
  • is caused by the buyer and is 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.

III. - Making a claim

The Buyer has the right to file a claim with the Seller, in 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.

The buyer is obliged to prove that he has the right to claim, in particular to prove the date of purchase, either by presenting a sales document, a certificate of the seller's obligations from the defective performance of the warranty certificate, or in another credible way. The buyer shall not be entitled to claim for a defect which has been complained of in the past, provided that a reasonable discount on the purchase price has been granted.

If the exercise of the right to claim for defects should cause significant difficulties for the consumer, in particular because the item cannot be transported to the place of claim in the usual way or 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.

  1. - Time limit for exercising rights

The buyer may exercise his rights from defective performance within 24 months, in the case of the sale of consumer goods, from the receipt of the goods. In the case of second-hand goods, the time limit for exercising the rights of defective performance may be reduced to 12 months; such reduction of the time limit shall be indicated by the seller in the confirmation of the obligations of defective performance or on the bill of sale. In the case of the sale of feed, the time limit for exercising the right of defective performance shall be 3 weeks. In the case of the sale of prepared food, the time limit for exercising the right of defective performance shall be 3 hours. After the expiry of the time limit, the seller may not be asserted unless the parties agree otherwise or the seller or the manufacturer provides a special guarantee of quality beyond his legal obligations.

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 for consumer goods and 3 weeks for feed from receipt after purchase of the goods complained of.

The time limit for exercising rights under defects cannot be considered as a determination of the life of the goods, which varies with respect to the characteristics of the product, its maintenance and the correctness and intensity of use or the agreement between the buyer and the seller.

If the sold item, its packaging or the instructions attached to it are marked with a time limit for the use of the item in accordance with special legal regulations, the time period shall expire on the expiry of this time limit.

  1. - Complaint handling

The seller is obliged to decide on the complaint immediately, in more complex cases within three working days. This time limit does not include the time required for a professional assessment of the defect. The Seller is obliged to issue a written confirmation to the Buyer, in which he shall indicate the date and place of the claim, the characteristics of the defect complained of, the method of handling the claim requested by the Buyer and the manner in which the Buyer will be informed of its handling. The complaint, including the removal of the defect, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiry of this time limit in vain shall be considered a material breach of contract. The seller is obliged to confirm to the buyer in writing the method of settlement of the complaint and the duration of the complaint. The Buyer is not entitled to change the method of handling the complaint once chosen without the Seller's consent, except if the chosen method of handling cannot be implemented at all or in time.

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 allow the buyer a reasonable additional period of time to take delivery of the goods.

  1. - 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 for which the seller states they are to be used or for which the item is usually used,
  • the goods are the goods in the appropriate quantity, measure or weight; and
  • the goods comply with the requirements of the legislation.

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 a defect appears within six months of receipt, the item is deemed to have been defective upon receipt.

VII. - Liability of the seller for defects,

which 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 for consumer goods and 3 weeks for feedstuffs from the date of acceptance, for defects for which the liability for quality on acceptance does not apply according to Article VI. 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 contract, the buyer has the right to have a new item delivered, repaired, a reasonable discount, or to withdraw from the contract (with the right to a full refund of the purchase price), at the buyer's option. 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 the item cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects.

VIII. - Claim costs and dispute resolution

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

In the event that 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.

If there is no agreement between the buyer and the seller, the buyer may turn to existing systems of out-of-court consumer dispute resolution, in particular the system www.vasestiznosti.cz, or to the competent court.

  1. - 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.

This Complaints Procedure is effective from 1 November 2020.