Warranty and Reclamations
RIGHTS ARISING FROM A DEFECTIVE PERFORMANCE
- Rights and duties of the contract parties about their rights arising from a defective performance shall be governed by generally applicable laws (especially by provisions from § 1914 to 1925, from § 2099 to 2117 and from § 2161 to 2174 of the Civil Code and the Act no. 634/1992 Sb., Consumer Protection Act, as amended).
- The Seller is liable that goods is not defective when it is taken over by the Buyer. The Seller is especially liable that when goods is taken over by the Buyer:
- 1 goods has such qualities which were agreed by the contract parties and if there is not such agreement then it has such qualities which were described by the Seller or manufacturer or which were expected by the Buyer based on the nature of goods and their commercials,
- 2 goods is suitable for the purpose which is defined for its use by the Seller or which is common for this type of goods,
- 3 by its quality or execution the goods is in compliance with agreed sample or model if the quality or execution was defined according to the agreed sample or model,
- 4 goods is in appropriate amount, measure or weight and
- 5 goods is in compliance with laws.
- Provisions mentioned in the Article 7.2 of those Terms and Conditions shall not be used for the goods which is sold for a lower price because of its defect, wear and tear caused by its usual use, for a defect of used goods which is in compliance with its use or wear and tear which was present when the goods was taken over by the Buyer or if it is common for such nature of goods.
- If any defect manifests itself within six months since the takeover then it is considered that such goods was defective when it was taken over. The Buyer has the right to claim its rights arising from a defective performance of consumer goods within twenty four months since the takeover.
- The Buyer shall claim its rights arising from a defective performance on the address of Seller’s shop where such complaint can be accepted with a respect to the range of sold goods and possibly even in Seller’s registered seat or place of business.
- Other rights and duties of the contract parties connected with Seller’s liability for defects can be defined in Seller’s complaints procedure.
Company: PhDr. Vlastimil Fiala, CSc.
Adress: Gorkého 94/31, Olomouc 779 00, CZ