Defective performance rights
The seller responds 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 characteristics agreed upon by the parties and, in the absence of an agreement, the characteristics described by the seller or manufacturer or expected by the buyer the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually 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 in the appropriate quantity, measure or weight and the goods comply with the requirements of the legislation.
If the defect becomes apparent within six months of receipt of the goods by the buyer, it is considered that the goods were defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to second-hand goods to a defect corresponding to the degree of use or wear the goods had when taken over by the buyer, or if this due to the nature of the goods.
In the event of a defect, the buyer may submit a complaint to the seller and request: 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 can not use the thing properly for the recurrence of defects or defects after repair, with a larger number of defects of the goods. The seller is obliged to accept the complaint in any establishment in which the acceptance of the complaint is possible, or in the registered office or place of business.
The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint requires the buyer, as well as confirmation of the date and manner of handling the complaint, including confirmation of repair and duration, or written justification. rejection 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 to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, must be resolved immediately, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of claim is considered to be the moment when the expression of the will of the buyer (exercise of the right from defective performance) occurs to the seller.
The seller informs the buyer in writing about the result of the complaint.
The right of defective performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.
In the case of a justified complaint, the buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the complaint. The buyer can exercise this right from the seller within one month after the expiration of the warranty period.
The buyer has the choice of the method of complaint.
The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 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 complaint procedure.