Oliver & Parents s.r.o
Mikovcova 548/5, Vinohrady, 120 00 Prague 2
VAT number: CZ09282475
C 333791 held at the Municipal Court in Prague
+420 775 961 612 / firstname.lastname@example.org
1. What product defects are we responsible for?
As the seller, we are responsible for the fact that the goods are free of defects upon receipt. This means that the goods upon receipt in particular:
- has the characteristics that have been agreed between us, that we describe, or that you might have expected given the nature of the goods and based on the advertising;
- is in adequate quantity, measure or weight;
- meets the requirements of legal regulations;
- the goods are fit for the purpose we state or for which the purchased goods are normally used;
- a situation where we deliver goods other than those agreed upon between us is also considered a defect in the goods;
- corresponds to the quality that was agreed upon between us, or to the quality that is established for the given type of goods by valid and effective legal regulations; and
- it does not have legal defects, i.e. it does not have property rights of a 3rd party and the goods are equipped with documents and documents necessary for the proper use of the goods.
We are also responsible to consumers for the fact that these defects do not occur during the warranty period. If you are not a consumer, the legal warranty period according to Article 2 is not provided to you. Article 2 applies only to consumers. Beyond the statutory consumer warranty period, we do not provide any quality guarantee. If you are an entrepreneur, rights from defective performance are based only on a defect that the goods had when the risk of damage passed to the goods, even if it becomes apparent only later. In the event that a defect occurs as a result of a breach of one of our obligations, you have rights from defective performance even in such a case. Differences in color shades in reality and on electronic display devices cannot be considered a product defect. If the goods do not meet your expectations, if you are a consumer, you have the right to withdraw from the contract within 14 days of receiving the goods in accordance with Article 5 of the General Terms and Conditions. If you are a consumer and the defect of the goods becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt.
2. What is the warranty period?
For unused consumer goods, the warranty period is twenty-four months from receipt of the goods, unless a longer warranty period is specified on the web interface, in the documents attached to the goods or in the advertisement. Please note that if your goods are replaced or repaired, the new goods will not be subject to a new warranty period. In this case, however, the warranty period is extended by the time during which you could not use the goods due to the defect, i.e. in particular by the time during which the goods are with us due to a complaint.
3. What rights do you have from defective performance?
Your rights from defective performance are governed by the Civil Code, especially Sections 2099 to 2117 and, if you are a consumer, also Sections 2165 to 2174.
3.1. If you are a consumer or entrepreneur:
In the event that a defect in the goods existed or is considered to have already existed when the goods were received, you are entitled to the following rights from defective performance.
If the defect in the goods is a material breach of contract, you have the following rights from defective performance:
- removing a defect by delivering a new item without a defect or by supplying a missing item;
- a reasonable discount from the purchase price; or
- withdrawal from the contract.
In the event of a substantial breach of contract, upon notification of the defect or without undue delay after notification of the defect, inform us of which right you have chosen from defective performance. Please note that if you do not do so, you will have only those rights that you would have in the event of a minor breach of contract. The choice made can only be changed after agreement with us.
If we do not remove the defect in the goods within a reasonable period of time, you can request a reasonable discount from the purchase price instead of removing the defect, or you can withdraw from the contract.
If the defect in the goods is a minor breach of contract, you can claim:
- removal of the defect by delivery of a new item;
- a reasonable discount from the purchase price.
If we do not remove the defect in the goods in time or refuse to remove the defect, you can request a discount from the purchase price, or you can withdraw from the contract. The choice made can only be changed after agreement with us.
Please note that until you exercise your right to a discount on the purchase price or withdraw from the contract, we are entitled to supply you with the missing goods or remove the legal defect (in particular supply the missing documents).
You cannot request an exchange of goods or withdrawal from the contract if you cannot return the item in the condition in which you received it. This does not apply if:
- there was a change in condition as a result of the inspection for the purpose of detecting a defect in the item;
- you used the item before the defect was discovered;
- you have not caused the impossibility of returning the item in an unchanged state by action or omission; or
- you sold the item before the defect was discovered, or altered the item during normal use; if this has happened only in part, you will return to us what you can still return and give us compensation up to the amount in which you have benefited from the use of the item.
3.2. Only if you are a consumer:
If a consumer goods defect occurs within the warranty period of twenty-four months from receipt of the goods, you are entitled to the following rights from defective performance:
3.2.1. You have the right to exchange goods if:
- During the warranty period, the goods will lose any of the properties listed in Article 1 of the Complaints Regulations, and this is not unreasonable due to the nature of the defect.
- The defect is irreversible.
- You cannot request an exchange of goods if the exchange of goods would be disproportionate to the nature of the defect. In this case, you have the right to have the defect removed free of charge.
- You do not have the right to exchange goods even in cases where only a part (part) of the goods is defective.
- You cannot request an exchange of goods for goods that are used or sold at a lower price. Instead, you can ask for a reasonable discount.
3.2.2. You have the right to exchange a defective part of the goods if:
- only part(s) of the goods are defective;
- the defect is irreversible;
3.2.3. You are entitled to a reasonable discount on the purchase price if
- you do not choose the right to withdraw from the contract or exchange defective goods;
- we are unable to replace the goods (for example, the goods are no longer manufactured);
- we do not remedy the situation in a reasonable time, or in cases where it would be very difficult for you to remedy the situation; or
- the item has a defect for which we are liable and it is an item sold at a lower price.
3.2.4. You have the right to withdraw from the contract if
- the defect is irreversible;
- we are unable to replace the goods (for example, the goods are no longer manufactured); or
- it is not possible to exchange defective goods for faultless ones.
4. When cannot rights from defective performance be exercised?
You do not have rights from defective performance if:
- you knew about the defect before taking over the item;
- you caused the defect yourself; or
- the warranty period has expired.
The warranty and claims from liability for defects do not apply to:
- wear and tear of goods caused by their normal use;
- defects in the used item corresponding to the level of use or wear and tear the item had at the time you received it;
- items sold at a lower price - only in relation to the defect for which the lower price was negotiated; or
- if it follows from the nature of the matter.
5. How to proceed with a complaint?
Make a complaint with us without unnecessary delay after discovering the defect. In accordance with the Consumer Protection Act, we accept complaints:
- at our headquarters; or
- at the place of business.
Recommended complaint procedure:
- for faster processing, you can inform us about the complaint in advance by phone, e-mail or in writing;
- at the same time, it is advisable to inform us about which right you have chosen from defective performance, i.e. whether, in accordance with this complaint procedure, you are interested in the repair of the item, the exchange of the goods or its parts, withdrawal from the contract, a discount on the purchase price, or other rights in compliance with this complaints procedure and the Civil Code;
- you deliver the claimed goods to us (other than cash on delivery, which we do not accept), and when sending, we recommend wrapping the goods in suitable packaging so that they are not damaged or destroyed;
- to facilitate the procedure, it is advisable to attach a proof of purchase of the goods or a tax document - an invoice, if it was issued, or another document proving the purchase of the goods, along with a description of the defect and a proposal on how to resolve the complaint.
Failure to complete any of the above-mentioned steps or failure to submit any of the above-mentioned documents does not prevent the positive handling of the complaint according to the legal conditions. We decide on the delivered 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 expert assessment of the defect. The complaint, including the removal of the defect, will be handled without undue delay, no later than 30 days from the date of the claim, unless we agree on a longer period. In the event of a complaint, we will issue you a written confirmation of when you exercised your right, what the content of the complaint is and what method of handling the complaint you require; and further (after handling the complaint) we will issue you a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or written justification for the rejection of the complaint. In accordance with the Civil Code, you have the right to reimbursement of the costs incurred when making a claim for goods. Please note that you must exercise your right to reimbursement of these costs within one month of the expiry of the period in which the defect must be pointed out.
These Complaints Rules are valid and effective from 1 October 2021.