Terms & Conditions

I. BASIC PROVISIONS

These General Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code")

Natural Extraction s.r.o
IČ: 17060974
DIČ: CZ17060974
with registered office: Zámostní 1155/27, Ostrava, 710 00
contact details: +420 722 940 989
email: office@naturalex.cz (hereinafter referred to as "Seller")

These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside his/her business activity as a consumer or within the scope of his/her business activity (hereinafter referred to as: "Buyer") through the web interface located on the website available at naturalex.cz (hereinafter referred to as the "online store").
The provisions of the terms and conditions are an integral part of the purchase contract. Any deviating provisions in the Purchase Contract shall prevail over the provisions of these Terms and Conditions.
These Terms and Conditions and the Purchase Contract are concluded in the Czech language.

II. INFORMATION ABOUT GOODS AND PRICES

Information about the goods, including the prices of individual goods and their main features are listed in the catalogue of the online store. The prices of the goods are inclusive of value added tax, all related charges and the cost of returning the goods if the goods cannot, by their nature, be returned by the usual postal method. The prices of the goods remain valid for the period of time they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.
All presentation of goods placed in the catalogue of the online store is informative and the seller is not obliged to conclude a purchase contract regarding these goods.
Information on the costs associated with the packaging and delivery of goods is published in the online shop. The information on the costs associated with the packaging and delivery of goods listed in the online shop is valid only in cases where the goods are delivered within the Czech Republic.
Any discounts on the purchase price of the goods cannot be combined with each other unless the seller and the buyer agree otherwise.

III. ORDER AND CONCLUSION OF THE PURCHASE CONTRACT

Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself. These costs do not differ from the basic rate.
The buyer orders the goods in the following ways:

through his customer account if he has previously registered in the online shop,
by filling in the order form without registration.

When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The buyer sends the order to the seller by clicking on the send order button. The information provided in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer's confirmation that he has read these terms and conditions.
Immediately upon receipt of the order, the Seller will send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when ordering. This confirmation is automatic and is not considered to be the conclusion of a contract. The confirmation is accompanied by the Seller's current terms and conditions. The purchase contract is concluded only after receipt of the order by the seller. Notification of acceptance of the order is delivered to the buyer's email address. / Immediately after receipt of the order, the Seller sends the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when ordering. This confirmation shall be deemed to be the conclusion of the contract. The confirmation shall be accompanied by the Seller's current terms and conditions. The purchase contract is concluded by the confirmation of the order by the seller to the buyer's email address.
In the event that any of the requirements specified in the order cannot be fulfilled, the seller will send the buyer an amended offer to his email address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by the Buyer's confirmation of acceptance of this offer to the Seller at his email address specified in these Terms and Conditions.
All orders accepted by the Seller are binding. The Buyer may cancel an order until the Buyer has received notification of acceptance of the order by the Seller. The Buyer may cancel an order by telephone at the telephone number or email of the Seller set out in these Terms and Conditions.
In the event that there is an obvious technical error on the part of the Seller when indicating the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this obviously erroneous price even if the Buyer has been sent an automatic confirmation of receipt of the order according to these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended quotation to the Buyer's email address. The amended offer shall be deemed to be a new proposal for a purchase contract and the purchase contract shall be concluded in such case by confirmation of receipt by the Buyer to the Seller's email address.

IV. CUSTOMER ACCOUNT

On the basis of the buyer's registration made in the online shop, the buyer can access his customer account. From his/her customer account, the buyer can order goods. The Buyer can also order goods without registration.
When registering for a customer account and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the customer account and when ordering goods is considered correct by the Seller.
Access to the customer account is secured with a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his/her customer account. The Seller is not responsible for any misuse of the customer account by third parties.
The buyer is not entitled to allow third parties to use the customer account.
The Seller may cancel the user account, especially if the Buyer no longer uses his/her user account or if the Buyer violates his/her obligations under the Purchase Agreement or these Terms and Conditions.
The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.

V. PAYMENT TERMS AND DELIVERY OF GOODS

The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:

by wire transfer to the Seller's bank account No. 307384328/0300, maintained with the Czechoslovak Commercial Bank
cash on delivery,
in cash on personal collection at the premises,
in cash or by credit card upon personal collection at the delivery office

Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also include the costs associated with the delivery of the goods.
In case of cash payment, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within .... days of the conclusion of the purchase contract.
In the case of payment through a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider[S16].
In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's bank account.
The Seller does not require any deposit or other similar payment from the Buyer in advance. Payment of the purchase price before shipment of the goods is not a deposit.
According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in case of a technical failure within 48 hours at the latest.
The goods are delivered to the buyer:

to the address specified by the buyer in the order
via a dispatch centre to the address of the dispatch centre designated by the buyer,
by personal collection at the seller's premises

The choice of delivery method is made during the ordering process.
The cost of delivery of the goods depending on the method of shipment and receipt of the goods is specified in the buyer's order and in the confirmation of the order by the seller. In the event that the method of delivery is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs associated with this method of delivery.
If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
The Seller shall issue a tax document - invoice to the Buyer. The tax document is sent to the buyer's email address./The tax document is attached to the goods delivered.
The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods but failed to do so in breach of the purchase contract.

VI. WITHDRAWAL FROM THE CONTRACT

A buyer who has entered into a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract.
The withdrawal period is 14 days

from the date of receipt of the goods,
from the date of acceptance of the last delivery of the goods, if the subject of the contract is several types of goods or the delivery of several parts
from the date of acceptance of the first delivery of the goods if the subject-matter of the contract is a regular recurring delivery of goods.

The buyer cannot, inter alia, withdraw from the purchase contract:

the provision of services, if they have been performed with the prior express consent of the buyer before the expiry of the withdrawal period and the seller has informed the buyer before the conclusion of the contract that in this case he has no right to withdraw from the contract,
the supply of goods or services whose price depends on financial market fluctuations independent of the seller's will and which may occur during the withdrawal period,
for the delivery of alcoholic beverages that can only be delivered after thirty days and whose price depends on financial market fluctuations independent of the seller's will,
for the delivery of goods that have been modified according to the wishes of the buyer or for his person,
the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery,
delivery of goods in closed packaging, which the buyer has removed from the packaging and cannot be returned for hygienic reasons,
the delivery of an audio or visual recording or computer program if it has damaged its original packaging,
delivery of newspapers, periodicals or magazines,
the delivery of digital content, unless it was delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiry of the withdrawal period and the seller has informed the buyer prior to the conclusion of the contract that in such a case he has no right to withdraw from the contract,
in other cases specified in § 1837 of the Civil Code.

In order to meet the withdrawal deadline, the buyer must send the withdrawal declaration within the withdrawal period.
To withdraw from the purchase contract, the buyer can use the sample withdrawal form provided by the seller. The Buyer shall send the withdrawal from the Purchase Contract to the email or delivery address of the Seller specified in these Terms and Conditions. The Seller shall promptly acknowledge receipt of the form to the Buyer.
The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
If the Buyer withdraws from the contract, the Seller shall reimburse the Buyer immediately, but no later than 14 days after withdrawal, all monies, including delivery costs, received from the Buyer in the same manner. The seller shall only return the funds received to the buyer in another way if the buyer agrees to this and if no additional costs are incurred.
If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer delivers the goods to him or proves that he has sent the goods to the seller.
The Buyer must return the goods to the Seller undamaged, unworn and unpolluted and, if possible, in their original packaging. The Seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
The Seller is entitled to withdraw from the Purchase Contract due to stock-outs, unavailability of the goods or if the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall return all monies, including delivery costs, received from the Buyer under the Contract within 14 days of notification of withdrawal from the Purchase Contract in the same manner or in the manner specified by the Buyer.

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:

the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or 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 goods of that kind are usually used,
the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
the goods are in the appropriate quantity, measure or weight and the goods comply with the requirements of the legislation.

The seller has obligations from defective performance at least to the extent that the manufacturer's obligations from defective performance continue. The buyer is otherwise entitled to exercise the right of defect which occurs in consumer goods within twenty-four months of receipt.
If the period of time for which the goods may be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in the advertising in accordance with other legal provisions, the provisions on the quality guarantee shall apply. By guaranteeing the quality, the seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a certain period of time. If the buyer has rightly accused the seller of a defect in the goods, the time limit for exercising rights under the defective performance and the warranty period shall not run for the period during which the buyer cannot use the defective goods.
The provisions referred to in the preceding paragraph of the terms and conditions shall not apply in the case of goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of used goods to the defect corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods. The buyer is not entitled to the right of defective performance if he knew before taking over the goods that they were defective or if the buyer himself caused the defect.
In the event of a defect, the buyer may submit a claim to the seller and demand:

exchange for new goods,
repair of goods,
a reasonable discount on the purchase price,
withdraw from the contract.

The buyer has the right to withdraw from the contract:

if the goods have a material defect,
if he cannot use the goods properly because of the recurrence of the defect or defects after repair,
in the case of multiple defects in the goods.

A material breach of contract is a breach of contract of which the breaching party already knew or must have known at the time of the conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach.
In the case of a defect that constitutes an insubstantial breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to have the defect remedied or to a reasonable discount on the purchase price.
If a removable defect has occurred repeatedly after repair (usually the third claim for the same defect or the fourth for different defects) or the goods have a greater number of defects (usually at least three defects at the same time), the buyer has the right to claim a discount on the purchase price, exchange the goods or withdraw from the contract.
When making a claim, the buyer is obliged to tell the seller which right he has chosen. Changing the choice without the seller's consent is only possible if the buyer has requested the repair of a defect that turns out to be irremediable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.
If repair or replacement of the goods is not possible, the buyer may demand a full refund of the purchase price upon withdrawal from the contract.

12.

13.

The Seller shall be obliged to accept the claim at any establishment where the claim can be accepted, or even at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the claim and what method of settlement of the claim the Buyer requires, as well as confirmation of the date and method of settlement of the claim, including confirmation of the repair and its duration, or written justification for the rejection of the claim.
The Seller or an employee authorised by the Seller shall decide on the complaint immediately, in complex cases within three working days. This time limit shall not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, at the latest within 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiry of this period in vain shall be considered a material breach of contract and the buyer shall have the right to withdraw from the purchase contract. The moment of claim is considered to be the moment when the buyer's expression of will (exercise of the right of defective performance) reaches the seller.

The Seller shall inform the Buyer in writing of the outcome of the claim.

17.

The buyer may claim this right from the seller within one month after the expiry of the warranty period, otherwise the court may not grant it.

19.

The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's Complaints Regulations.

VIII.SUBMISSION

The Parties may deliver all written correspondence to each other by electronic mail.
The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address provided in the Buyer's customer account or order.

IX. OROOM DATA

All information you provide when working with us is confidential and will be treated as such. Unless you give us written permission, we will not use your information in any way other than for the purpose of performing the contract, except for the email address to which commercial communications may be sent to you, as this is permitted by law, unless you refuse. These communications may only relate to similar or related goods and can be opted out of at any time by simple means (sending a letter, email or clicking on a link in a commercial communication). The email address will be kept for this purpose for 3 years after the last contract between the parties has been concluded.
For more detailed information on data protection, please refer to the Privacy Policy.

X. OUT-OF-COURT DISPUTE RESOLUTION

The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from a purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
the European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
The Seller is authorised to sell goods on the basis of a trade licence. The trade control is carried out within the scope of its competence by the competent trade authority. The Czech Trade Inspection Authority supervises compliance with Act No 634/1992 Coll., on Consumer Protection, among other things.

XI. FINAL PROVISIONS

All agreements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the Purchase Contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the rights of the consumer under generally binding legislation.
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
All rights to the Seller's website, in particular the copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
The Seller shall not be liable for errors resulting from third party interference with the online shop or from its use contrary to its intended use. The Buyer shall not use any procedures in the use of the online shop that could have a negative impact on its operation and shall not perform any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components forming the online shop and use the online shop or its parts or software in a manner that would be contrary to its purpose or intent.
The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
The Purchase Contract including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.
The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
A sample withdrawal form is attached to the Terms and Conditions.

These terms and conditions shall take effect on 21.05.2023

All legal relations between the Seller and the Buyer shall be governed by the law of the Czech Republic. If the contracting party is a consumer, relations not governed by these terms and conditions shall be governed by the Consumer Protection Act (Act No. 634/1992 Coll.), all as amended, and other relevant legislation.

The Buyer is obliged to provide the Seller in the order with the necessary data required for the successful fulfilment of the order (i.e. determination of the delivery method, delivery address, contact, billing data.

Only persons who are competent for such legal acts may trade and conclude a purchase contract by means of distance communication (within the meaning of Section 53(1) of the Civil Code as amended, hereinafter referred to as "CC").

DELIVERY CONDITIONS

Upon receipt of the order through the online store glassartgallery.cz, the seller will send an automatic confirmation of this order to the buyer's email address. Goods whose order is received by the seller before 15:00 on a working day are dispatched on the next working day. If the goods are shipped via the carrier Zásilkovna , the buyer will receive the goods in most cases within 48 hours of the order. If this time is exceeded, the seller will contact the buyer immediately with a proposal for further action.

The Buyer is obliged to inspect the goods delivered by the Seller without undue delay and inform the Seller of any defects found within 3 days.

Shipping over 1500 CZK is free throughout the Czech Republic, the carrier of the customer's choice. Shipping to SK or other EU countries is always paid by the customer, except for orders over 4000 CZK

Oversized shipments - postage will be recalculated additionally according to the carrier's price list and will be charged to the order amount.

The buyer must notify the seller in writing (by e-mail) or in person of any defects found within a period of up to 24 months from receipt of the goods. In the written notification, the buyer must state the defects found, i.e. he must specify what the defects are and how they manifest themselves. The Buyer shall notify the Seller in writing of the defects found at the Seller's registered office at Glass Art Gallery Mírova 166/23, Ostrava-Vítkovice, 703 00 (in the Subject of the message, please indicate Complaint of the ordered goods dated dd.mm.yyyy)

In all cases, the complaint must be accompanied by a copy of the invoice or proof of payment or delivery of the goods whose defects are being complained about and a written description of the complaint, unless this was done by fax or post.

Prodávající nepřebírá odpovědnost za škody vyplývající z provozu produktů, funkčních vlastností a škod z neodborného používání produktů, stejně jako škod způsobených vnějšími událostmi a chybnou manipulací. Na vady tohoto původu se nevztahuje ani poskytnutá záruka.

The Seller shall decide on the complaint immediately if possible, in complex cases within three working days. This time limit does not include the time reasonable according to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without undue delay, at the latest within 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. In the event that this period expires in vain, the buyer may withdraw from the purchase contract.

TRANSPORT DAMAGE

The buyer is obliged to inspect the delivery if it is not visibly damaged or defaced. The Buyer shall be entitled to refuse to accept goods from the carrier which are obviously damaged or the packaging is obviously damaged in a significant way, which gives rise to a reasonable presumption that the goods inside are damaged (this also applies to cases where the packaging shows that it has been exposed to weather or water). The reasons for refusal to accept the goods must be recorded with the postal or courier service

The buyer is entitled to exercise the right to claim for a defect that occurs in the goods within twenty-four months of receipt of the goods, contrary to the seller's obligation. If the defect manifests itself within six months of receipt of the goods, the goods shall be deemed to have been defective upon receipt.

If the goods, their packaging, the instructions accompanying the goods or the advertisement state the period of time for which the goods may be used in accordance with other legislation, or if the goods have a guarantee period or shelf life, the seller warrants that the goods will be fit for their usual purpose or retain their usual characteristics for that period (quality guarantee).

If the Buyer decides to change the order after it has been duly confirmed, he is obliged to notify the Seller of the change as soon as possible, otherwise he is obliged to pay the costs incurred in shipping the goods.

Liability for defects

Prodávající odpovídá za to, že zboží nemá vady, tzn., prodávající zejména odpovídá za to, že zboží:
(A) má vlastnosti, které si strany ujednaly, a chybí-li ujednání, takové vlastnosti, které prodávající nebo výrobce popsal nebo které kupující očekával s ohledem na povahu zboží a na základě prováděné reklamy,
(B) se hodí k účelu, který pro jeho použití prodávající uvádí nebo ke kterému se zboží tohoto druhu obvykle používá,
(C) odpovídá jakostí nebo provedením smluvenému vzorku nebo předloze, byla-li jakost nebo provedení určeno podle smluveného vzorku nebo předlohy,
(D) je v odpovídajícím množství, míře nebo hmotnosti a
(E) vyhovuje požadavkům právních předpisů.

Kupující je oprávněn uplatnit právo z vady, která se vyskytne u spotřebního zboží v době dvaceti čtyř měsíců od převzetí. U použitého zboží lze lhůtu pro uplatnění práv z vadného plnění zkrátit na 12 měsíců (toto bude vyznačeno v prodejním dokladu). Je-li na prodávané věci, na jejím obalu, v návodu připojenému k věci nebo v reklamě v souladu s jinými právními předpisy uvedena doba, po kterou lze věc použít, použijí se ustanovení o záruce za jakost (viz záruka za jakost). Požádá-li o to kupující, potvrdí mu prodávající v písemné formě (dále jen potvrzení), v jakém rozsahu a po jakou dobu trvají jeho povinnosti v případě vadného plnění. Prodávající má povinnosti z vadného plnění nejméně v takovém rozsahu, v jakém trvají povinnosti z vadného plnění výrobce

Právo z vad nelze uplatnit v těchto případech:

for an item sold at a lower price, the defect for which the lower price was agreed,
the wear and tear caused by the normal use of the item,
in the case of a second-hand item, a defect corresponding to the degree of use or wear and tear which the item had when it was taken over by the buyer; or
where the nature of the thing so requires.

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 which the seller states for their use or for which a thing of that kind is usually used,
the goods are goods in the appropriate quantity, measure or weight; and
the goods comply with the requirements of the law.

If the item does not have the aforementioned characteristics, the buyer may also demand the delivery of a new item without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the buyer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract. 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 shall be entitled to have the defect remedied free of charge. The buyer is also entitled to the delivery of a new item or the replacement of a part in the case of a removable defect if he cannot use the item properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to have a new item delivered without defects, to have a part of the item replaced or to have the item repaired, he may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller is unable to supply a new item without defects, to replace a part of the item or to repair the item, and if the seller fails to remedy the defect within a reasonable time or if the remedy would cause the consumer considerable difficulty.

The buyer is not entitled to the right of defective performance if the buyer knew that the thing was defective before taking over the thing or if the buyer caused the defect. If the thing has a defect for which the seller is obliged and if the thing is sold at a lower price or is second-hand, the buyer has the right to a reasonable discount instead of the right to have the thing replaced. The rights arising from the defect shall be exercised with the seller from whom the item was purchased. However, if the confirmation specifies another person designated to carry out the repair, who is in the seller's location or in a location closer to the buyer, the buyer shall exercise the right to repair with the person designated to carry out the repair. The person so designated to carry out the repair shall carry out the repair within the time limit agreed between the seller and the buyer at the time of purchase. This also applies to notification of a defect covered by a guarantee (see further the quality guarantee).

A thing is defective if it is not delivered in the agreed quantity, quality and workmanship, or in a quality and workmanship suitable for the purpose implied by the contract; otherwise for the usual purpose. The performance of another thing shall also be deemed to be defective. Defects in the documents necessary for the use of the goods shall also be considered as defects.

The buyer's right from a defective performance is based on the defect which the thing has when the risk of damage passes to the buyer, even if it becomes apparent later. The buyer's right shall also be established by a defect arising later which the seller has caused by a breach of his duty. The seller's obligations under the quality guarantee are not affected.

The buyer's rights arising from defective performance are not affected if the defect was caused by the use of the item which the buyer handed over to the seller. This does not apply if the seller proves that he brought the unsuitability of the handed over item to the buyer's attention in time and the buyer insisted on its use, or if he proves that he could not have discovered the unsuitability of the handed over item even if he had exercised sufficient care. The buyer has no rights under the defective performance if the defect is one which he should have known with the exercise of ordinary care at the time of conclusion of the contract. This does not apply if the seller has expressly assured him that the goods are free from defects or if the defect has been concealed by deceit.

The buyer shall examine the goods as soon as possible after the risk of damage to the goods has passed and satisfy himself as to their characteristics and quantity.

If the defective performance is a material breach of contract, the buyer has the right to

to remedy the defect by supplying a new item without the defect or by supplying the missing item,
to remedy the defect by repairing the item,
a reasonable discount on the purchase price, or
to withdraw from the contract.

The Buyer shall inform the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer has requested the repair of a defect which proves to be irreparable. If the seller fails to remedy the defects within a reasonable period of time or notifies the buyer that he will not remedy the defects, the buyer may demand a reasonable discount on the purchase price in lieu of remedying the defect or may withdraw from the contract. If the buyer fails to exercise his right in time, he shall have the rights under the following paragraph.

If the defective performance is an insignificant breach of contract, the buyer has the right to have the defect removed or to a reasonable discount on the purchase price. As long as the buyer does not exercise the right to a discount on the purchase price or does not withdraw from the contract, the seller may supply what is missing or remedy the legal defect. The seller may remedy other defects at his option by repairing the item or supplying a new item; the choice must not cause unreasonable costs to the buyer. If the seller fails or refuses to remedy the defect in time, the buyer may demand a reduction in the purchase price or may withdraw from the contract. The buyer cannot change the choice made without the seller's consent.

The buyer cannot withdraw from the contract or demand delivery of a new item if he cannot return the item in the condition in which he received it. This does not apply,

if there has been a change in the condition as a result of an inspection to determine the defect of the item,
if the buyer used the item before the defect was discovered,
the buyer has not caused the impossibility of returning the item in its unaltered condition by act or omission; or
if the buyer sold the thing before the defect was discovered, consumed it or altered it in the course of normal use; if this has happened only in part, the buyer shall return to the seller what he can still return and shall compensate the seller to the extent that he has benefited from the use of the thing.

If the buyer has not notified the defect in time, he loses the right to withdraw from the contract.

QUALITY GUARANTEE

Zárukou za jakost se prodávající zavazuje, že věc bude po určitou dobu způsobilá k použití pro obvyklý účel nebo že si zachová obvyklé vlastnosti. Tyto účinky má i uvedení záruční doby nebo doby použitelnosti věci na obalu nebo v reklamě. Záruka může být poskytnuta i na jednotlivou součást věci. Určují-li smlouva a prohlášení o záruce různé záruční doby, platí doba z nich nejdelší. Ujednají-li však strany jinou záruční dobu, než jaká je vyznačena na obalu jako doba použitelnosti, má přednost ujednání stran. Záruční doba běží od odevzdání věci kupujícímu; byla-li věc podle smlouvy odeslána, běží od dojití věci do místa určení. Má-li koupenou věc uvést do provozu někdo jiný než prodávající, běží záruční doba až ode dne uvedení věci do provozu, pokud kupující objednal uvedení do provozu nejpozději do tří týdnů od převzetí věci a řádně a včas poskytl k provedení služby potřebnou součinnost. Kupující nemá právo ze záruky, způsobila-li vadu po přechodu nebezpečí škody na věci na kupujícího vnější událost. To neplatí, způsobil-li vadu prodávající.

Proper performance

1923

If the defect can be remedied, the purchaser may claim either the repair or completion of what is missing or a reasonable reduction in the price. If the defect cannot be rectified and the object cannot be used properly because of it, the purchaser may either withdraw from the contract or claim a reasonable discount on the price.

1924

Whoever has a right under § 1923 is also entitled to compensation for the costs reasonably incurred in exercising that right. If, however, he does not exercise the right to compensation within one month after the expiry of the period within which the defect must be alleged, the court shall not grant the right if the alienator argues that the right to compensation was not exercised in time.

This Complaint Procedure takes effect on 21.05.2023

Item added to your cart