If, at the time when the buyer took over the item, the received goods have deficiencies (e.g. do not have the agreed or legitimately expected properties, are not suitable for the usual or agreed purpose, are not complete, do not correspond to their quantity, measure, weight, or quality do not correspond to other legal, contractual or including pre-contractual parameters), these are defects in the goods for which the seller is responsible.
The buyer is obliged to inspect the delivered goods and inform the seller of any detected defects without undue delay.
Before using the goods for the first time, the buyer is obliged to properly study the purpose of use and care symbols. The seller does not assume responsibility for damages resulting from the operation of the products, kč properties and damages from unprofessional use of the products, as well as damages caused by external events and incorrect handling. Defects of this origin are not covered by the warranty provided
The buyer consumer can apply to the seller, no later than two years after taking over the goods, according to his request, a claim for free removal of the defect or for a reasonable discount on the price; if it is not disproportionate to the nature of the defect (especially if the defect cannot be removed without unnecessary delay), a demand for the delivery of a new item without defects or a new component without defects can be applied, if the defect concerns only this component.
If the repair or replacement of the goods is not possible, based on withdrawal from the contract, the purchasing consumer may request a pln refund of the purchase price.
If a defect becomes apparent within six months of receipt of the goods by the buyer, the item is deemed to have been defective upon receipt.
The seller is not obliged to comply with the claim of the buyer-consumer if he proves that the buyer-consumer knew about the defect of the goods before taking over or caused it himself.
For used goods, the seller is not responsible for defects corresponding to the degree of previous use or wear. For items sold at a lower price, the seller is not responsible for the defect for which the lower price was negotiated. Instead of the right to exchange, the purchasing consumer has the right to a reasonable discount in these cases.
The warranty does not cover defects caused by wear and tear caused by normal use of the goods, unprofessional or unauthorized intervention, use or maintenance. The warranty will also not be recognized in the event of mechanical damage caused by the buyer, damage caused by excessive and inappropriate use, neglect of the care of the goods, or damage caused by force majeure.
The buyer has no rights from defective pln regarding defects in the goods that the buyer was informed about at the time of concluding the purchase contract.
The purchasing consumer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.
The purchasing entrepreneur is entitled to exercise the right from a defect that the item had when the risk of damage passed to the buyer, even if it becomes apparent only later. The right of the buyer entrepreneur is also established by a defect that arose later, which the seller caused by breaching his obligation.
The buyer is obliged to notify the seller of the defect without undue delay after he could have discovered it during a timely inspection and sufficient care.
Within this period, the buyer-consumer is entitled to file a claim and, at his option, demand for a defect that constitutes a substantial breach of contract (regardless of whether the defect is removable or non-removable):
- removing a defect by delivering a new item without a defect or by supplying a missing item
- free removal of the defect by repair
- a reasonable discount from the purchase price
- refund of the purchase price on the basis of withdrawal from the contract
A material breach of contract is one which the breaching party already knew or had to know at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen this breach.
In the case of a defect that means an insignificant breach of the contract (regardless of whether the defect is removable or non-removable), the buyer-consumer is entitled to the removal of the defect or a reasonable discount from the purchase price.
If a removable defect has occurred repeatedly after repair (the third complaint for the same defect or the fourth for different defects) or the goods have a greater number of defects (at least three defects at the same time), the purchasing consumer can exercise the right to a discount on the purchase price, exchange of goods or withdraw from contracts.
The buyer must report all detected defects in writing, either by e-mail to 2xalatky@gmail.com or by correspondence to the seller's address within three days of receiving the goods at the latest.
In the event that the buyer requests removal of the defect by delivery of a new item without defect or free removal of the defect by repair, the claimed goods must be sent to the seller's address together with a copy of the sales document immediately after notification of the complaint.