Complaints and Returns

Rights from Defective Performance

1. The seller is responsible to the buyer that the goods have no defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer received the goods:

• the goods have the properties that the parties agreed upon, have such properties that the seller or manufacturer described or that the buyer expected given the nature of the goods and based on advertising carried out by them,
• the goods are suitable for the purpose that the seller states for its use or for which goods of the same type are commonly used,
• the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
• the goods are in the appropriate quantity, measure or weight, and
• the goods comply with the requirements of legal regulations.

2. The seller has obligations from defective performance at least to the extent that the manufacturer's obligations from defective performance last. The buyer is otherwise entitled to assert the right from a defect that occurs in consumer goods within twenty-four months from receipt.

3. If the sold goods, its packaging, instructions attached to the goods, or in advertising in accordance with other legal regulations state a period during which the goods can be used, the provisions on quality guarantee shall apply. By quality guarantee, the seller undertakes that the goods will be suitable for use for the usual purpose for a certain period or that they will retain their usual properties. If the buyer has legitimately pointed out a defect in the goods to the seller, the period for asserting rights from defective performance and the warranty period do not run for the period during which the buyer cannot use the defective goods.

4. The provisions stated in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price - for a defect for which the lower price was agreed, for wear and tear of goods caused by its usual use, for used goods for a defect corresponding to the degree of use or wear that the goods had upon receipt by the buyer, or if it follows from the nature of the goods. The buyer is not entitled to the right from defective performance if they knew before receiving the goods that the goods had a defect, or if the buyer caused the defect themselves.

5. In case of a defect, the buyer may submit a claim to the seller and request:

• replacement with new goods,
• repair of the goods,
• a reasonable discount from the purchase price,
• withdrawal from the contract.

6. The buyer has the right to withdraw from the contract if:

• the goods have a substantial defect,
• they cannot properly use the item due to repeated occurrence of a defect or defects after repair,
• there is a larger number of defects in the goods.

7. A substantial breach of the purchase contract is one about which the party breaching the contract already knew or should have known at the conclusion of the contract that the other party would not have concluded the contract if they had foreseen this breach.

8. For a defect that represents a non-substantial breach of contract (regardless of whether it is a removable or non-removable defect), the buyer is entitled to removal of the defect or a reasonable discount from the purchase price.

9. If a case of removable defect occurs repeatedly after repair (usually the third claim for the same defect or the fourth for different defects) or the goods have a larger number of defects (usually at least three defects simultaneously), the buyer has the right to assert a request for a discount from the purchase price, replacement of goods, or withdrawal from the contract.

10. When making a claim, the buyer is obliged to inform the seller which right they have chosen. A change of choice without the buyer's consent is only possible if the buyer requested repair of a defect that turns out to be non-removable. If the buyer does not choose their right from a substantial breach of contract in time, they have the same rights as in case of a non-substantial breach of contract.

11. If repair or replacement of goods is not possible, based on withdrawal from the contract, the buyer may demand a refund of the purchase price in full.

12. If the seller proves that the buyer knew about the defect in the goods before receipt or caused it themselves, the seller is not obliged to comply with the buyer's claim.

13. The buyer cannot claim discounted goods for the reason for which the given goods are discounted.

14. The seller is obliged to accept a claim at any establishment where acceptance of a claim is possible, or at the registered office or place of business. The seller is obliged to issue the buyer a written confirmation of when the buyer asserted the right, what is the content of the claim and what method of handling the claim the buyer requires, as well as confirmation of the date and method of handling the claim, including confirmation of the repair performed and its duration, or written justification for rejection of the claim.

15. The seller or an employee authorized by them shall decide on the claim immediately, in complex cases within three working days. This period does not include the time reasonable according to the type of product or service necessary for professional assessment of the defect. The claim, including removal of the defect, must be handled without delay, no later than 30 days from the date of asserting the claim, unless the seller agrees with the buyer on a longer period. The futile expiration of this period is considered a substantial breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of asserting the claim is considered the moment when the buyer's expression of will (assertion of the right from defective performance) reaches the seller.

16. The seller informs the buyer in writing about the result of the claim.

17. The buyer is not entitled to the right from defective performance if the buyer knew before receiving the item that the item had a defect, or if the buyer caused the defect themselves.

18. In case of a legitimate claim, the buyer has the right to reimbursement of purposefully incurred costs arising in connection with asserting the claim. The buyer may assert this right with the seller within one month after the expiration of the warranty period, otherwise the court may not grant it.

19. The buyer may also use the WITHDRAWAL FROM CONTRACT FORM for download.

20. The choice of claim method belongs to the buyer.