Liability for Defects, Warranty and Warranty Claims

1. The warranty conditions are governed by the relevant legal regulations of the Czech Republic. The Proof of Sale of Goods (invoice) usually serves as a guarantee certificate.

2. The Buyer is entitled to exercise its right arising out of a defect within a period of 24 months from the date of receipt of the goods. The Buyer checks the goods as soon as possible after taking over the goods in compliance with Section 2104 (within 24 hours of the receipt of the goods, at the latest) and makes sure of the properties and quantity of the goods.

3. The warranty does not apply to the usual wear and tear of the goods (or parts thereof) caused by the use of the goods. In such a case, a shorter operating life of the product may not be considered as a defect and a warranty claim may not be filed. Upon request made by the Consumer, the Contractor is obliged to issue a written warranty (guarantee certificate). A guarantee certificate may be substituted by a Proof of Sale of Goods if such document contains the trade name of the Contractor, her registration number and her registered office.

4. The warranty period mentioned in clause 2. applies to Consumers only, not to entrepreneurs purchasing goods within the scope of their business activities (mentioning their Reg. No. in the purchase). An entrepreneur will be notified of the period to exercise its rights arising out of defects within the contractual negotiations.

5. The warranty period commences on the date of delivery of the goods to the Buyer; if, according to the Contract of Sale, the goods are sent by post or carrier, the warranty period commences on the date of delivery of the goods to their destination.

6. Rights and obligations of the Parties concerning the Contractor‘s liability for defects, including the Contractor‘s liability for defects within the warranty period, are governed by the relevant generally binding legal regulations (especially by the provisions of Section 2161 et seq. of the Civil Code).

7. The Contractor is liable to the Buyer for the sold goods not having any defects at the time of their receipt. The Contractor is, in particular, liable to the Buyer for:

• the goods having, at the time of receipt of the goods by the Buyer, the properties agreed by the Parties, and in the event of non-existence of such agreement, the properties described by the Contractor or the manufacturer or expected by the Buyer, considering the nature of the goods and the advertisement made by the Contractor and the manufacturer;
• the goods being, at the time of receipt of the goods by the Buyer, suitable for the purpose of use described by the Contractor, or for the usual purpose of use of such goods;
• the goods being, at the time of receipt of the goods by the Buyer, in the corresponding quantity, measures or weight;
• the goods complying, at the time of receipt of the goods by the Buyer, with the requirements of legal regulations.

8. The Contractor guarantees by the quality guarantee that the goods are eligible for the usual purpose of use for a certain period of time or that the goods will retain the usual properties. The warranty may be granted even for individual components of the goods.

9. If the goods are defective or fail to have the properties under clause 7. and the relevant law (Section 2161 of the Civil Code), the Buyer is entitled to due and timely removal of the defect free of charge, to be delivered new defectless goods or components thereof, and if this is not possible, to a reasonable discount off the purchase price or Withdrawal from the Contract of Sale. If there is a greater number of removable defects or if removable defects occur repeatedly and prevent due use of the goods, the Buyer is entitled to a delivery of new goods or components thereof, removal of the defect or Withdrawal from the Contract of Sale. If the goods sold for a lower price or used goods have a defect for which the Contractor is liable, the Buyer has, instead of the right for replacement of the goods, a right for a reasonable discount.

10. The Buyer has no right arising out of defective performance if the Buyer knew about the defect in the goods before the receipt of such goods, or if the Buyer has caused the defect itself. A defect manifesting itself within six (6) months of the date of receipt of the goods is considered to be a defect in the goods at the time of their receipt.

11. If the Buyer detects a defect, the Buyer is obliged to immediately inform the Contractor. If the Buyer does so in writing or by email, the Buyer should mention its contact details, describe the defect and include its requirement with respect to the method of settlement of the claim. The Buyer may also use the sample Defective Product Report.docx nebo Defective Product Report.pdf form at www.shopmk.cz. Sample Defective Product Report Forms are sent to the Buyer‘s email address together with the Order Confirmation.

12. The rights of the Buyer arising out of the Contractor‘s liability for defects, including the Contractor‘s liability for defects within the warranty period, are to be exercised by the Buyer at the following Contractor‘s address: Miloslav Kubín, Kunín 256, 742 53 Kunín, Czech Republic.The moment of receipt of the goods subject to a warranty claim by the Contractor from the Buyer is considered as the moment of making the warranty claim. The Buyer hands over to the Contractor for the warranty claim procedure complete goods in the original packaging to sufficiently protect the goods during transport (the Buyer is responsible for such packaging).

13. If the Buyer is a Consumer, the warranty claim shall be decided by the Contractor without any delay or within three (3) working days in complicated cases. Such period does not include the reasonable time needed for expert assessment of the defect, depending on the kind of product or service. Claims, including the removal of defects, shall be settled by the Contractor without any undue delay within 30 days from the date of the claim, at the latest. The 30-day period from the claim may be extended by agreement between the Consumer and the Contractor – such extension must not be for an indefinite or unreasonably long period of time. After the expiry of such period, the goods are considered really defective and the Consumer has the same rights as if the defect was irreparable. The rights arising out of liability for defects shall be exercised with the Contractor from whom the goods have been purchased. In the event of a justified warranty claim, the customer has a right to be reimbursed the necessary amount of postal charges (compensation of necessary expenses incurred by the customer in connection with the warranty claim). In the event of an apparently unjustified warranty claim, the Consumer has no right to be reimbursed his expenses connected with the settlement of the claim.

14. The Contractor shall issue to the Buyer-Consumer a written confirmation of the date of filing the claim, the contents of the claim, and the manner of settling the claim required by the customer; such confirmation shall be sent to the Buyer by email immediately after the Contractor‘s receipt of the claim (in the event of filing the claim in person, such confirmation is handed over to the Buyer on the spot); the subsequent confirmation will include the date and method of settling the claim, including the confirmation of repairs made and the period of settlement of the claim, or reasons for the rejection of the claim.

15. If the defective performance constitutes a substantial breach of the Contract, the Buyer has a right for:

• removal of the defect by delivery of new goods without any defects, or by delivery of the missing parts if this is not inappropriate due to the nature of the defect; however, if the defect relates only to a component part of the goods, the Buyer may request that only such component part be replaced; if this is not possible, the Buyer may withdraw from the Contract. However, if this is inadequate due to the nature of the defect, especially if the defect may be removed without any delay, the Buyer is entitled to free removal of the defect;
• to removal of the defect by repairing the goods;
• to a reasonable discount off the purchase price, or to withdrawal from the Contract.

16. The Buyer shall notify to the Contractor of the right the Buyer has selected to exercise at the time of notifying the Contractor of the defect or without any undue delay after the notification of the defect. The Buyer may not change the selected option without the Contractor‘s consent; this does not apply to cases where the Buyer requests a repair of a defect which proves to be irreparable. If the Contractor does not remove the defects within a reasonable period of time or notifies the Buyer that the Contractor is not able to remove the defects, the Buyer may request a reasonable discount off the purchase price or withdraw from the Contract instead of the removal of the defect. If the Buyer fails to timely choose his right, it has the same rights as in the case of an unsubstantial breach of the Contract - see below.

17. The Buyer is entitled to a reasonable discount even if the Contractor cannot deliver new goods without defects to the Buyer, replace a part of the goods or repair the goods, and if the Contractor fails to make good the situation within a reasonable period of time, or if the Contractor’s making good the situation caused substantial difficulties to the Consumer.

18. If the defective performance constitutes an unsubstantial breach of the Contract, the Buyer is entitled to removal of the defect or to a reasonable discount off the purchase price.

19. Unless the Buyer has exercised its right for a discount off the purchase price or its right to withdraw from the Contract, the Contractor may deliver the missing parts or remove the legal defect. Other defects may be removed by the Contractor at its option by repairing the goods or by delivering new goods.

20. If the Contractor does not remove the defect in a timely manner or if the Contractor refuses to remove the defect, the Buyer may request a discount off the purchase price or withdraw from the Contract. The Buyer may not change the selected option without the Contractor‘s consent.

21. The Buyer is entitled to delivery of new goods or replacement of components even if the defect is removable if the Buyer cannot use the goods properly because of repeated occurrence of defects after a repair has been made or because of a greater number of defects. In such a case, the Buyer has the right to withdraw from the Contract.

22. Upon the delivery of new goods, the Buyer returns the original goods to the Contractor at the Contractor‘s expense.

23. If the Buyer does not report a defect without any undue delay after he was able to detect the defect by a timely inspection using sufficient care, rights arising out of defective performance will not be adjudicated to the Buyer in court. The same applies to hidden defects, unless the defect has been reported without any undue delay after the Buyer was able to detect it using sufficient care within two years after the goods were delivered, at the latest.

24. The Buyer notes that the goods must not be mechanically damaged by the Buyer. The Buyer‘s attempts to repair the goods are not allowed and may be considered as unjustified warranty claims.

25. The Buyer notes and agrees that if the claim is unjustified (the reported defect is not detected or the defect does not fall within the scope of warranty), the Contractor may request reimbursement of her expenses incurred in testing and repairing.

26. The Buyer has no rights arising out of the Contractor‘s liability within the warranty period if the defect has been caused by an external event after the transfer of the danger of damage to the goods to the Buyer.