Complaint and Return of Goods

8. Complaint Procedure (warranty, liability for defects, complaints)

This section of the Terms and Conditions governs the seller’s liability for defects in the goods in accordance with Sections 618 through 627 of Act No. 40/1964 Coll., the Civil Code, as amended, effective as of January 1. 7. 2024 (hereinafter referred to as the “Civil Code”). The provisions governing complaints under the original Act No. 250/2007 Coll. on Consumer Protection have been in effect since January 1 7. 2024 does not apply—this area is governed exclusively by the Civil Code.

8.1. An item (goods) sold is defective if it does not comply with the agreed (subjective) or general (objective) requirements under Sections 615 and 618 of the Civil Code, or if its use is restricted by the rights of a third party, including intellectual property rights.

8.2. The warranty period is 24 months from the date of delivery of the goods, unless a different warranty period is specified for a particular case. If a defect becomes apparent within two years of delivery of the goods, there is a rebuttable presumption that the goods already had this defect at the time of delivery (Sections 619 and 620 of the Civil Code).

8.3. The buyer is required to notify the seller of the defect within two months of the date on which the buyer became aware of the defect, but no later than the expiration of the warranty period.

8.4. A defect may be cited as:

• at any of the Seller’s places of business listed in Article 1 of these Terms and Conditions;
• by means of remote communication at the seller’s registered office or place of business, or at the email address specified in Article 1;
• to another person, provided that the seller has informed the buyer of this in advance.

8.5. The seller is required to issue the buyer, immediately after the defect is reported, a written confirmation of the defect report (e.g., by email), specifying the deadline by which the defect will be remedied. This timeframe may not exceed 30 days from the date the defect was reported, unless a longer timeframe is justified by objective reasons beyond the seller’s control.

8.6. The buyer has the right to choose whether the defect should be remedied by replacing the goods or repairing them. The seller may refuse to remedy the defect in the manner chosen if it would be impossible or disproportionately costly compared to the other option.

8.7. If the defect cannot be remedied, is a recurring defect that can be remedied, or involves multiple defects that prevent the proper use of the goods, the buyer has the right to:

• a reasonable discount on the purchase price, or
• Withdrawal from the purchase agreement.

8.8. The buyer is not entitled to claim liability for a defect of which the seller informed the buyer prior to the conclusion of the contract, or of which the buyer, given the circumstances, must have been aware.

8.9. If the seller denies liability for the reported defect, the seller is required to notify the buyer in writing of the reasons for the denial.

8.10. The buyer has the right to refuse to pay the seller the price of the goods, or a portion thereof, until the seller has fulfilled its obligations arising from liability for defects.

8.11. The seller is not liable for defects in the goods if:

• this is an obvious defect that the buyer could have detected upon inspecting the shipment in accordance with Section 5.7 but failed to report it to the seller’s representative;
• the buyer did not exercise his right by the end of the warranty period;
• the defect was caused by mechanical damage to the goods inflicted by the buyer;
• the defect was caused by using the goods under conditions that do not correspond to their natural environment (e.g., excessive humidity, chemical or mechanical influences);
• the defect was caused by improper handling, operation, or failure to properly care for the goods;
• the defect was caused by excessive strain or use contrary to the instructions or the normal manner of use;
• the defect arose as a result of an unavoidable or unforeseeable event, accidental damage, or force majeure;
• The defect was caused by unauthorized tampering with the goods.

8.12. The seller is entitled to replace defective goods with other, defect-free goods with the same or better technical specifications, provided that this does not cause significant inconvenience to the buyer.

8.13. If the defect is remedied by replacing the goods, a new warranty period begins for the new goods on the date they are received.

8.14. If the order includes goods with a limited shelf life, they generally have a minimum shelf life of more than 2 months at the time of shipment; if the shelf life is shorter, the seller will contact the buyer and will ship the order only with the buyer’s consent.

8.15. The seller will also provide the buyer with information on the procedure for reporting defects by phone or email using the contact information specified in Article 1 of these Terms and Conditions.