The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll., on consumer protection).
The seller guarantees to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
the goods have the properties that the parties have agreed upon, and in the absence of an agreement, they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of their advertising,
the goods are suitable for the purpose for which the seller indicates their use or for which goods of this type are usually used,
the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
is the goods in the corresponding quantity, measure or weight and
the goods comply with the requirements of legal regulations
These provisions do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its normal use, in the case of used goods to a defect corresponding to the degree of use or wear and tear the goods had when taken over by the buyer, or if this results from the nature of the goods.
If defective performance is a material breach of contract, the buyer has the right to:
to remove the defect by delivering a new item without a defect (this does not apply if the defect can be removed by re-delivery of only part of the item) or by delivering the missing item,
to remove the defect by repairing the item,
for a reasonable discount from the purchase price,
withdraw from the contract.
If defective performance is a minor breach of contract, the buyer has the right to:
to remove the defect,
for a reasonable discount from the purchase price.
The buyer agrees that in order to determine the materiality of the defect in the item, the assessment is left to the seller, who will carry out this assessment in particular taking into account the possibility of proper use of the item by the buyer and the possibility of removing the defect without unnecessary delay by the seller.
The buyer is obliged to report the defect without undue delay, after he could have discovered it without undue delay and with sufficient care, but no later than two years after handing over the item to the buyer. As long as the buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the seller can supply what is missing or remove the legal defect.
Rights from defective performance are claimed by the buyer at the seller's address, where the complaint can be accepted with regard to the range of goods sold. The statutory warranty period is 24 months, unless a special regulation stipulates a longer period. The moment when the seller receives the claimed goods from the buyer is considered to be the moment of application of the complaint.
The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be handled without undue delay, no later than 30 days from the date of the claim, unless the seller and the consumer agree on a longer period. After the expiration of this period, the consumer has the same rights as if it were a defect that cannot be removed.
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