Legal liability of the seller (for the conformity of the delivered goods with the purchase contract and for defects that occur during the warranty period)
Quality at acceptance
If the received goods have deficiencies (eg do not have agreed or legitimately expected properties, do not fit for the usual or agreed purpose, are not complete, do not correspond to its declared quantity, size or quality does not correspond to other legal, contractual or even pre-contractual parameters), these are defects of goods for which the seller is responsible.
If repair or replacement of the goods is not possible, upon withdrawal from the contract, the buyer may demand a refund of the purchase price in full.
Within six months of receipt of the goods, it is presumed that the defect in the goods already existed upon receipt of the goods.
The seller is not obliged to satisfy the buyer's claim if he proves that the buyer knew about the defect of the goods before taking over or caused it himself.
Legal rights from defects
The seller is responsible for defects arising after receipt of the goods during the 12-month warranty period, unless otherwise stated in the attached leaflet.
Defects arising after receipt of the goods means:
Defects in material.
Defects in the manufacture of the product.
Within this period, the buyer can file a complaint according to his choice and according to the possibilities of the seller, regardless of whether the defect is remediable or irremediable):
elimination of the defect by delivering a new item without defects
free defect repair
reasonable discount from the purchase price
refund of the purchase price on the basis of withdrawal from the contract
If a remediable defect has occurred repeatedly after repair (third claim for the same defect or fourth for different defects) or the goods have a large number of defects (at least three defects at the same time), the buyer can claim a discount on the purchase price, exchange goods or withdraw from the contract .
The seller is not responsible for defects caused by normal wear and tear or failure to follow the instructions for use and method of treatment. Information on the proper maintenance of the goods is given on each product.
In the event that the product is cleaned or treated by a third party (eg a treatment plant), the seller will not be liable for the defect or damage, but the third party according to its complaint procedure.
The buyer is obliged to file a complaint with the seller or the person designated for repair without undue delay from the discovery of the defect. If he does so in writing or electronically, he should provide his contact details, a description of the defect and a request for the method of handling the complaint.
The buyer is obliged to inform the seller which right he has chosen when notifying the defect. A change of choice without the consent of the seller is possible only if the buyer has requested the correction of a defect that proves to be irreparable.
The buyer is obliged to prove the purchase of goods (preferably by proof of purchase). The deadline for settling the complaint runs from the handover / delivery of the goods to the seller or to the place designated for repair. The goods should be packed in suitable packaging during transport and in a way that does not damage them, they should be clean, complete and undeformed.
The seller is obliged to immediately decide on the complaint, or that the decision requires professional assessment. The seller will handle the complaint, including the elimination of the defect, without undue delay, no later than within 30 days of its application, unless they agree in writing with the buyer on a longer period.
If the seller refuses to eliminate the defect, the buyer may request a reasonable discount on the price or withdraw from the contract.
The quality guarantee is extended by the time from the claim to its settlement or until the buyer was obliged to pick up the item.
The Seller undertakes to inform the Buyer of the settlement of the complaint according to his request by e-mail, SMS or letter.
In the case of a justified complaint, the buyer is entitled to compensation for purposefully incurred transport costs. In the event of an unjustified complaint, the seller is entitled to compensation for purposefully incurred transport costs.
The Buyer is obliged to deliver the complaint only to the address Adolf Nytra, K Nemocnici 2122/61, 74101 Nový Jičín.