Complaints Procedure

IV.

Product quality and its complaints

1. The seller guarantees that the delivered goods comply with the provisions of the currently valid legal regulations, do not violate the rights of third parties or are not encumbered by them, and can be used completely freely. The seller undertakes that the quality of the delivered goods will correspond to the purpose for which these goods are usually used.
2. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
3. The buyer is obliged to inspect the goods immediately upon receipt. If mechanical damage to the packaging of the product is detected, the buyer is obliged to check the condition of the goods in the presence of the seller's representative or the transporter, and in case of damage, make a record of the damage to the shipment and have this fact confirmed by the seller's representative or the transporter. By signing the delivery note, the buyer agrees to take over the goods and confirms that they are mechanically undamaged. Later complaints caused by the fault of transport cannot be taken into account and will be rejected.
4. The seller is not responsible for claims that exceed the amount he charged for the goods.
5. The buyer is obliged to notify the seller of a defect in the goods in a demonstrable manner without undue delay after discovering it, but no later than within 5 days of its discovery and to deliver the goods to the seller's address at his own expense and risk.
6. For the assessment of the seller's responsibility for defects, it is considered that this is an insignificant breach of the contract and the buyer has the right to remove the defect (by supplying a new item or missing item, removing the defect by repairing the item) or a reasonable discount from the purchase price. The buyer has a choice between the above-mentioned claims only if he makes it in his notification of defects when making a claim or within 24 hours after this notification. The choice made in this way cannot be changed by the buyer without the consent of the seller.
7. The seller will assess the claimed defect and decide on the validity of the claim and whether it is a material breach of contract or not. Regarding the application of the complaint, the seller and the buyer will write a complaint protocol, in which they will state the description of the claimed defect, the method and deadline for processing the complaint.
8. The seller decides on the method of settlement of the complaint, taking into account the nature of the goods and the type of defect. The deadline for handling the complaint is, according to the seller's possibilities, proportionate to the type of defect and the possibility of its removal. A reasonable period for the elimination of defects by repair is 30 calendar days, in justified cases the reasonable period may be set differently by the seller. The buyer is informed about the handling of the complaint by e-mail.
9. The buyer may withdraw from the contract only if the seller does not remove the defects within the agreed period and the buyer notifies the seller of his intention to withdraw from the contract when setting an additional reasonable period for the removal of the defect or within a reasonable period before withdrawing from the contract.
10. The buyer is obliged to take over the claimed goods within 10 days from the day the claim was settled, after which time the seller is entitled to use the procedure according to Article III, paragraph 4 of this contract.

 

V.

Withdrawal from the contract

1. The buyer is entitled to withdraw from the contract if the seller is in delay in delivering the goods by more than 21 days and according to Article IV. 10 of this contract.
2. The seller is entitled to withdraw from the contract in cases where: (I) the buyer does not pay an advance payment for the price of the goods in the agreed amount, (II.) in the event of a delay in payment of the price for the goods longer than 30 days, (III.) in the event that the buyer does not take over the goods in the agreed date, (IV) until the time of acceptance of the goods by the buyer, in which case it will refund the purchase price for the goods to the buyer without undue delay, in cash to the account designated by the buyer. If circumstances of force majeure occur that prevent the seller from fulfilling the agreed obligation, the seller has the right to reasonably extend the delivery date or withdraw from the contract. In these cases, he bears no responsibility for the resulting damages.
3. In the event that the seller withdraws from the contract after delivery of the goods to the buyer and the buyer has not returned the goods to the seller in an intact state, the buyer is obliged to compensate, in particular, the costs related to restoring the goods to their original condition and the resulting damage to the goods. Reimbursement of these costs and damage will take place by the fact that the price for the goods in the event of withdrawal will be reduced accordingly by these costs, damage and any contractual penalty, and the remaining part of the paid price will then be returned to the buyer, no later than within 30 days after the to withdrawal from the contract by the seller and the buyer returns the goods to the seller.
4. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
5. Payment of contractual fines does not affect the right to compensation for damages. In the event that the contractual penalty is reduced by the court, the right to compensation for damage remains in the amount in which the damage exceeds the amount determined by the court as reasonable, without any further limitation.