Return policy

Art. 6 Liability for defects and complaints (Complaints Procedure)
an integral part of the general terms and conditions

6.1 The trader is responsible to the consumer for any defect that the sold goods have at the time of their delivery and which manifests itself within two years from the delivery of the goods. If the buyer is an entrepreneur, the warranty period for the purchased goods is one year from the delivery of the goods. If the object of the purchase is used goods, the merchant is responsible for any defect that the sold goods have at the time of their delivery and which manifests itself within one year from the delivery of the goods. The exception is food products that have a use-by date (minimum durability date) marked on the packaging or on the label. Such goods have a minimum shelf life of 2 months. In the case of a shorter consumption period, the buyer is informed of this fact before concluding the purchase contract. Goods with a shorter shelf life are shipped to the buyer only after his express consent.

6.2 The merchant meets the general requirements for the goods by the fact that the goods are, in particular:

  1. suitable for all purposes for which goods of the same type are normally used, taking into account in particular legal regulations, technical standards or codes of conduct valid for the relevant industry, if technical standards have not been developed,
  2. corresponds to the description and quality that the trader declares to the consumer before concluding the contract,
  3. supplied with accessories, packaging and instructions, including instructions for assembly and installation, which the consumer can reasonably expect and
  4. supplied in quantity, quality and with features including functionality, compatibility, safety and ability to maintain its functionality and performance under normal use, which are normal for the same type of thing and which the consumer can reasonably expect given the nature of the thing sold and taking into account any public statement of the trader or another person in the same supply chain, including the manufacturer or on their behalf, especially when promoting the item or on its label; the manufacturer is considered to be the manufacturer of the item, the importer of the item to the European Union market from a third country or another person who identifies himself as the manufacturer by placing his name, trademark or other distinguishing mark on the item.

6.3 The trader fulfills the agreed requirements for the goods by the fact that the goods in particular:

  1. corresponds to the description, type, quantity and quality defined in the purchase contract,
  2. is suitable for a specific purpose, with which the buyer informed the trader at the latest when concluding the contract and with which the trader agreed,
  3. is characterized by the ability to perform the functions defined in the contract with regard to its purpose,
  4. characterized by other features defined in the purchase contract,
  5. is delivered with all the accessories defined in the purchase contract,
  6. is supplied with instructions for use, including instructions for assembly and installation, as defined in the purchase contract.

6.4 The sold goods have defects if they do not comply with the general requirements and with the agreed requirements. Furthermore, the sold goods have defects if their use is made impossible or restricted by the rights of a third party, including intellectual property rights. The goods may not be in accordance with the general and agreed requirements, when the trader explicitly informed the consumer when concluding the contract that a certain property of the goods does not correspond to the general requirements, and the consumer expressly and specifically agreed to the non-compliance.

6.5 The consumer can claim a defect in writing at the merchant's address: Lopuchovská 734/1, Raslavice 086 41, or electronically via the contact details listed in point 1.2 of these terms and conditions. For this purpose, the consumer can use the sample form that can be downloaded at the end of these terms and conditions published on the relevant subpage of the online store.

6.6 If the consumer asserts the right to point out a defect, the merchant will immediately provide him with a written confirmation of the point of defect. In the confirmation of the defect, the merchant shall state the deadline in which he will remove the defect. The period notified according to the previous sentence may not be longer than 30 days from the day the defect was pointed out, if the longer period is not justified by an objective reason beyond the trader's control.

6.7 If the consumer complained of a defect in a postal shipment that the merchant refused to accept, the shipment is considered delivered on the day of the refusal.

6.8 The consumer can exercise rights from liability for defects only if he has pointed out the defect within two months from the discovery of the defect, at the latest until the expiry of the trader's liability for product defects.

6.9 Within the framework of exercising the right to remedy the defect, the consumer has, among other things, the right to:

  1. removal of a defect in the goods by repair

  2. exchange of goods

  3. a reasonable discount from the purchase price

  4. withdrawal from the purchase contract

6.10 The consumer has the right to choose to remove the defect by exchanging the goods or repairing the goods. The consumer cannot choose a method of removing the defect that is not possible or that, compared to the second method of removing the defect, would cause the trader disproportionate costs, taking into account all the circumstances, in particular the value that the item would have without the defect, the severity of the defect and the fact, whether the second method of removing the defect would cause significant difficulties for the trader.

6.11 After the consumer complains about the defect, the trader undertakes to repair or replace the defective goods in the shortest possible time, which is needed to assess the defect and to repair or replace the goods, taking into account the nature of the goods and the nature and severity of the defect. The trader further undertakes to repair the defect or replace the defective goods free of charge, at his own expense and without causing serious difficulties to the consumer, taking into account the nature of the item and the purpose for which the consumer requested the item.

6.12 For the purpose of repair or replacement, the consumer hands over or makes the goods available to the merchant. The costs of taking over the goods are borne by the merchant.

6.13 The trader shall deliver the repaired goods to the consumer at his own expense in the same or a similar way as the consumer delivered the defective goods, unless the parties agree otherwise.

6.14 The trader can refuse to remove the defect if repair or replacement is not possible or if it would require unreasonable costs in view of all the circumstances, including the circumstances according to the second sentence of point 6.10 of these terms and conditions.

6.15 The consumer has the right to a reasonable discount on the purchase price or can withdraw from the purchase contract even without providing an additional reasonable period if:

  1. the merchant did not repair or replace the goods,
  2. the merchant did not repair or replace the goods in accordance with point 6.12 of these terms and conditions,
  3. the merchant refused to remove the defect according to point 6.14 of these terms and conditions,
  4. the goods have the same defect despite repair or replacement,
  5. the defect is of such a serious nature that it justifies an immediate discount from the purchase price or withdrawal from the purchase contract, or
  6. the trader has declared or it is clear from the circumstances that he will not remove the defect within a reasonable period of time or without causing serious difficulties for the consumer.

6.16 When assessing the consumer's right to a discount from the purchase price or withdrawal from the purchase contract according to paragraph 6.15 letter d) and e) of these terms and conditions, all circumstances are taken into account, in particular the type and value of the goods, the nature and severity of the defect and the possibility of objectively asking the consumer to trust in the trader's ability to remove the defect.

6.17 The consumer cannot withdraw from the purchase contract according to point 6.15 of these terms and conditions if the consumer participated in the creation of the defect or if the defect is negligible. The merchant bears the burden of proof that the consumer participated in the creation of the defect and that the defect is negligible.

6.18 If the contract concerns the purchase of several pieces of goods, the consumer may withdraw from it only in relation to defective goods. In relation to the other purchased goods, he may withdraw from the contract only if it cannot reasonably be expected that he will be interested in keeping the other goods without defective goods.

6.19 After withdrawing from the contract according to point 6.15 of these terms and conditions, the trader shall return the purchase price to the consumer no later than 14 days from the day of returning the goods to the trader, or after proving that the consumer has sent the goods to the trader, whichever occurs first. The merchant will return the purchase price to the consumer or pay him a discount from the purchase price in the same way that the consumer used to pay the purchase price, if the consumer does not expressly agree to another payment method. All costs associated with payment are borne by the merchant.

6.20 After withdrawal from the contract by the consumer according to point 6.15, the merchant has no right to compensation for damage caused by normal wear and tear of the goods and to compensation for normal use of the goods before withdrawal from the purchase contract.

6.21 If the trader refuses responsibility for defects, he will notify the consumer in writing of the reasons for the refusal. If the consumer proves the trader's responsibility for the defect through an expert opinion or expert opinion issued by an accredited person, an authorized person or a notified person, he can point out the defect repeatedly and the trader cannot refuse responsibility for the defect; the condition stated in point 6.8 of these terms and conditions does not apply to the repeated complaint of a defect. The consumer also has the right against the trader to be reimbursed for purposefully incurred costs incurred in connection with pointing out a defect for which the trader is responsible and exercising rights from liability for the defect. The consumer must exercise this right with the merchant no later than two months after the delivery of the repaired or replacement goods, the payment of the price discount or the refund of the price after withdrawal from the contract, otherwise the right will expire.

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