Warranty Terms and Conditions
These Terms and Conditions are established by the owner of the store Pod 7 kilo, company seat: Milady Horákové 546/50, 170 00 Praha 7, Czech Republic, website: www.pod7kilo.cz. The owner is Štěpán Trojánek, reg.No. 88719499, VAT No. CZ8610121927, place of business: Milady Horákové 546/50, 170 00 Praha 7, Czech Republic a natural person listed in the Trade Register (hereinafter referred to as the "Seller"), e-mail: firstname.lastname@example.org, telephone number: +420 211 221 829.
The Buyer's rights arising from defective performance (hereinafter referred to as "Warranty Claim") shall always be fulfilled under these Terms and Conditions. The situations not included in these Terms and Conditions shall be decided in accordance with the Czech legal order. The Seller shall acquaint the Buyer with these Terms and Conditions and provide the Buyer with a written copy upon request. These Terms and Conditions do not violate the law no. 89/2012 Coll. Civil Code or the law no. 634/1992 Coll. on Consumer Protection of January 1, 2014.
Short description of making a warranty claim
- To ensure prompt processing of the Buyer's warranty claim, the Seller recommends making a claim in person or mailing a written warranty request to the address of the Seller's place of business: Stepan Trojanek, Pod 7 kilo, Milady Horakove 50, 170 00 Praha 7, Czech Republic (+420777333027, email@example.com). When submitting a written request, the Buyer should first contact the Seller by e-mail firstname.lastname@example.org, in case the warranty needs to be processed alternatively. The Buyer can use the sample form provided by the Seller.
- When making a claim, the Buyer is required to provide, deliver, or state:
- the proof of purchase (a receipt, an invoice or a warranty certificate) or its copy,
- the defective product with all accessories, cleaned thoroughly (dirty and smelly products may be sent back to the Buyer),
- a detailed description of the defect,
- the preferred method of processing the claim,
- the Buyer's telephone number, e-mail, or postal address.
- the proof of purchase (a receipt, an invoice or a warranty certificate) or its copy,
- The Buyer is obligated to use suitable and sufficiently protective packaging material when sending faulty products by mail.
- The Seller confirms the products' acceptance and informs the Buyer of the following procedure.
Detailed information on warranty claims
Excluding liability for defects
The Seller is not liable for defects in the following cases:
- the defect is present upon takeover and an adequate sales discount has been given,
- the product is used, and the defect corresponds to the level of use and wear it showed upon takeover,
- the defect resulted from the wear caused by regular use or the nature of things (e.g., the expiration of the product's lifetime)
- the Buyer caused the defect and it resulted from incorrect use, storage, maintenance, the Buyer's intervention or mechanical damage,
- the defect arose from external events outside the Seller's influence.
Making a warranty claim
The Buyer has the right to submit a warranty claim to the Seller in every Seller's establishment where the acceptance of the request is possible, taking into account the range of products. He may also submit the request in the Seller's legal seat or the Seller's place of business.
The Seller ensures an employee authorised to accept warranty requests is always present during business hours. The Buyer may submit to an authorised person listed in the provided proof of purchase, in the receipt or the warranty certificate, if this person is closer to the Buyer or at the Seller's place of business.
The Buyer is obligated to prove his right to make a warranty claim, primarily by confirming the purchase date with the sales note or by other trustworthy means. As proof, it is possible to use the confirmation of the Seller's obligations arising from defective performance (the guarantee certificate). The Buyer is not entitled to report the same defect repeatedly after an adequate sales discount has been already given.
If the Buyer encounters real difficulties in exercising his right to make a faulty goods complaint at the designated place, the defect in question may be evaluated differently. If the defective goods are built-in or constitute parts of a real estate and cannot be transported by usual means, the Seller may assess the defect on the spot in agreement with the Buyer or choose another suitable way of assessment. In such a case, the Buyer is obligated to cooperate with the Seller to ensure successful processing.
Period for making a warranty claim
The period to make a claim arising from defective performance is 24 months since the Buyer takes over the product. With used goods, the period may be shortened to 12 months. The reduction of the period to 12 months will be marked in the confirmation of the Seller's obligations arising from defective performance (the guarantee certificate) or in the proof of purchase. After the period's expiry, the Buyer is not entitled to make a claim with the Seller. The Buyer may still claim after more than 24 months if both parties have an agreement or the Seller provides an additional quality guarantee beyond his legal responsibilities.
The Buyer exercises his right to claim for defective goods without undue delay as soon as he discovers the defect. The Seller is not liable for any exacerbation of the damage if the Buyer still uses the product despite knowing about the defect. If the Buyer's claim with the Seller shows legitimate, the time of repair when the Buyer cannot use the product is excluded from the period.
The Buyer takes into account that in case of the product's replacement under warranty, the period still ends 24 months after the takeover of the purchased product under question (hence no new period starts after replacement).
The period for making a warranty claim does not act as a calculation of the product's lifetime. The product's lifetime differs based on its properties, maintenance, the correctness and intensity of use, or an agreement between the Seller and the Buyer.
Processing a warranty claim
The Seller is obligated to resolve the claim immediately. With more complicated claims, he may take up to 3 days. If an expert report is required, the time of its completion is excluded from this period. The Seller is obligated to provide the Buyer with a written confirmation. This confirmation will contain the date and place of submitting, the characteristics of the defect, the preferred method of processing the claim, and the way of informing the Buyer of the result.
The claim (including defect elimination) shall be processed without undue delay in 30 days from the date of submitting unless the Seller and the Buyer agree on an extension. The expiration of this period without action on the Seller's part is considered a severe breach of contract. The Seller is obligated to confirm the way of processing the claim and its duration in a written form. Once settled, the Seller is not entitled to change the method of processing the claim, unless it is impossible to execute or cannot be performed in time.
The Buyer is obligated to collect the product within 30 days from the latest possible date when the claim could have been processed. After this period of 30 days, the Seller is entitled to charge the Buyer with an adequate storage fee or privately sell the product at the Buyer's expense. The Seller has to inform the Buyer of this procedure and give him additional time to collect the product.
Quality upon takeover
The Seller declares that he transfers the product to the Buyer in accordance with Section 2161 of the Civil Code, as such:
- the thing has the properties stipulated by the parties, and in the absence of such a stipulation, such properties which the Seller or producer described, or which the Buyer expected given the nature of the goods concerned and the advertising presented by the Seller or producer,
- the thing is suitable to be used for the purpose stated by the Seller or to which the thing of such kind is usually used,
- the thing has the corresponding quantity, measurement, or weight and meets the requirements laid down by legal regulations.
If the product does not conform to the requirements mentioned above, the Buyer has the right to a new faultless product. Such a remedy must not be inadequate, given the nature of the defect. If the defect concerns only a part of the thing, the Buyer may require a replacement of this part alone; if impossible, he can withdraw from the contract and demand a full refund. If inadequate given the nature of the defect, mainly when the defect can be eliminated without undue delay, the Buyer is entitled to free repair of the defect.
If the Buyer does not withdraw from the contract or does not exercise his right to a new faultless product, the right to replacement or repair, he may demand an adequate discount from the sales price. The Buyer is entitled to a fair refund if the Seller cannot deliver a new product free of defects, replace the parts, or repair the product. The Buyer may also require a price reduction if claiming redress would bring him significant inconvenience or if the Seller fails to process the claim within a reasonable time.
If the defect is discovered within 6 months after the takeover, it is presumed the product was already defective upon takeover.
The Seller's liability for a defect which is a severe or minor breach of contract
The Seller's liability for defects that are a severe or minor breach of contract applies to product defects occurring within 24 months after the takeover and not falling under the previous category listed in Article 5 (the Seller's liability for quality upon takeover). The defect is considered a severe breach of contract if the Buyer would not have concluded the contract had he predicted the defect's occurrence. In other cases, the defect is considered a minor breach.
If the defect is a severe breach, the Buyer can choose between a new product, repair, adequate sales discount, or withdrawal from the contract (including a full refund). If the defect is a minor breach, the Buyer has the right to free repair or an adequate discount.
The right to a new faultless product, part replacement, discount, or withdrawal from the contract is applicable regardless of the defect's nature if the Buyer still cannot use the product properly after repair (because the same defect occurs repeatedly). It is also applicable if a larger number of defects are found in one product.
The expenses of warranty claims and dispute settlement
If the claim is recognized as legitimate, the Buyer is entitled to full coverage of expenses incurred in relation to exercising his right. If the claim is denied as illegitimate, the Buyer (or both parties upon agreement) may engage an expert witness and procure an independent evaluation of the defect.
If both parties fail to reach an agreement, the Buyer may take to the existing systems of out-of-court settlements of consumer disputes, primarily to the website www.vasestiznosti.cz. The Buyer may also submit his claim to the competent court.
Legal quality guarantee
If the Seller provides an additional quality guarantee beyond his legal responsibilities, its application is regulated by these Terms and Conditions unless the confirmation of the Seller's obligations arising from defective performance (the guarantee certificate) or the contract stipulates otherwise.
Effective as of 26.11.2014. These Warranty Terms and Conditions are subject to change.