The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular, the provisions of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
A thing is defective if it does not have the agreed properties. The fulfillment of another thing and defects in the documents necessary for the use of the thing (instructions for use, installation documents, etc.) are also considered to be a defect of the thing.
The buyer's right from defective performance is based on a defect that the item has when the risk of damage passes to the buyer, even if the defect becomes apparent only later. The buyer's right is also based on a defect that arose later, which the Company caused by breaching its obligation under the purchase contract.
With reference to the obligations of the buyer when handing over the goods and materials, the buyer inspects the item as soon as possible after the transfer of the risk of damage to the object of purchase and makes sure of its properties and the delivered quantity.
The risk of damage passes to the buyer upon receipt of the ordered goods or material. This also applies if the buyer does not take over the thing, even if the Company has allowed him to dispose of it, viz. above.
Damage to property, which occurred after the risk of damage to property has passed to the buyer, does not exclude the obligation to pay the purchase price to the buyer, unless the Company caused the damage by breaching its obligation.
If the buyer delays in taking over the object of purchase, the Company shall have the right to sell the item in an appropriate manner after prior notice to the buyer at the buyer's expense, after the Company has provided the buyer with an additional reasonable period of time to take over the object of purchase. This agreement between the contracting parties applies even if the buyer is in arrears with the payment of the purchase price, which conditions the delivery of the item to the buyer.
The company responds to the buyer that the item has no defects upon receipt. Furthermore, the Company is responsible to the buyer for the fact that, at the time the buyer took over the item, the item has the properties that the contracting parties agreed upon when concluding the purchase contract, and if this agreement is missing, such properties that the Company, or the manufacturer, as the case may be, declared or that the buyer could reasonably expect considering the nature of the goods and on the basis of the advertising carried out by them. Furthermore, the Company responds that the object of purchase is suitable for the purpose that the Company states for its use or for which an item of this type is usually used, the item meets the requirements of legal regulations.
The buyer acknowledges that if a defect becomes apparent within six months of receiving the item (object of purchase), it is considered that the item was already defective upon receipt.
The buyer is entitled to exercise the right from a defect that occurs in the goods or material within 24 months from the date of acceptance, unless otherwise stated.
The stipulation of the previous paragraph does not apply to an item sold at a lower price to a defect for which a lower price was agreed (2nd quality, etc.), to normal wear and tear of the item caused by its usual use, in the case of a used item marked in this way to a defect corresponding to the degree of use or wear which the thing had when the buyer took it over or if it follows from the nature of the thing.
In the event that the product or material has a use-by date on the packaging that is less than 24 months, the buyer is entitled to exercise the right against the defect only until the date so marked.
The buyer acknowledges that he does not have the right from defective performance if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.
The buyer acknowledges that if the item has a defect for which the Company would be liable according to the previous provisions of the General Terms and Conditions, and if it is an item sold at a lower price or a used item (sale, returned item to another buyer) and this item is marked in this way, the buyer has the right to a reasonable discount from the purchase price instead of the right to exchange the item.
The buyer applies the right from defective performance to the Company at the address of its place of business, where the acceptance of the complaint is possible with regard to the range of goods sold, possibly also at the registered office or place of business or by means of a form available on the Company's website.
The buyer acknowledges that in the event of damage to the goods caused by himself, the Company has the right to a reasonable reduction of the returned purchase price, by a proportional part of the purchase price, corresponding to the decrease in the value of the goods or materials by the buyer.
