Terms and Conditions
General Terms and Conditions
I. General Provision
These General Terms and Conditions of the internet (e-) www.e-atomic.cz (hereinafter “GTs“) define the relations between the parties to the purchase contract (hereinafter the “contract“ of the “purchase contract“), in which one of the parties is the company AtomicDrinks Central Europe s.r.o., identification number (ID): 47545925, (VAT): CZ47545925 with its registered seat at Na Hřebenkách 815/130, Smíchov, 150 00 Prague 5, the Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 27713, as the seller (hereinafter “AtomicDrinks“) and the other party is the purchaser (hereinafter the “Purchaser“).
The Purchaser is either a consumer or an entrepreneur.
A consumer is any individual who enters into an agreement or otherwise deals with the business entity outside of the framework of business activities or the performance of their trade.
An entrepreneur is a person who, on his own account and responsibility, independently carries out a gainful activity in the form of a trade or in a similar manner with the intention to do so consistently for profit. For the purposes of consumer protection, any person who enters into contracts related to his own commercial, production or similar activities, or within his trade, business or profession, or a person acting in the name or on the account of an entrepreneur is considered to be an entrepreneur
By submitting an order, the Purchaser confirms, that the Purchaser became acquainted of G&T, and its integral parts Information before the Conclusion of the Contract, Complaints Procedure, Payment and Delivery Provisions, Instructions on Withdrawal and Model Form on Withdrawal from the Purchase Contract and that the Purchaser expressly agrees with them in wording which is valid and effective on the day when the purchase contract is concluded.
The Purchaser is aware of the fact that by purchase of the products, which are in the marketing offer of the AtomicDrinks, no rights to the use of the registered trademarks, company name, company logos etc. of AtomicDrinks or any of the contractual partners of AtomicDrinks, if not stipulated otherwise by special contract in particular case.
The Purchaser shall receive a copy of GTs as an attachment to the confirmation of the order to the email address, whereas the tax bill, including the general terms of the contract, will be given to the purchase during the handover of the goods.
II. Information before the conclusion of the contract
AtomicDrinks notifies that
- The costs of the means of distance communication do not differ from the basic fee (in case of internet or phone connection under conditions of your operator, AtomicDrinks does not charge any extra fees, except for the contractual transport),
- AtomicDrinks demands payment of the purchase price before the take-over of the goods by the Purchaser from AtomicDrinks, the possible obligation to pay the deposit or similar payment is related solely to the request of the Purchaser for provision of the specific services, if required and provided,
- AtomicDrinks does not enter into a contract, with an object in a refillable, if AtomicDrinks conveys such contracts, the provider of such supply informs the Purchaser about the shortest term, for which the contract obliges both of the parties, including the information about price, or the way in which it shall be denominated for one accounting term, which is always one month unless the price is variable;
- The prices of the goods and services are indicated at on the website ran by AtomicDrinks including the VAT and including all of the fees required by law. However, the costs for the delivery of the goods or services differ based on the chosen way of transport, a transport provider and the payment methods, the personal take-over at the branches is for free;
- In case that the purchaser is a consumer, such consumer is entitled to withdraw from the purchase contract (if not stipulated otherwise below) within 14 days in case of
- the Purchase contract, whereas the time limit starts by the day of the handover of the goods,
- contract, with a subject matter of several types of goods or delivery of a few parts of the good, whereas the time limit starts by the day when last part of the goods was delivered, or
- Contract, with a subject matter of regular delivery of the goods, whereas the time limit starts by the day of the first delivery of such goods;
- Whereas the withdrawal shall be sent to the address of the registered seat of AtomicDrinks or to the email address: email@example.com
- The consumer cannot withdraw from the contract with a subject matter in:
- Providing of services, which the AtomicDrinks had fulfilled with a prior approval of the consumer before the expiration of time for withdrawal from the contract,
- Delivery of goods or services, the price of which depends on the fluctuations of the financial market and independently of the will of AtomicDrinks and which can be performed during the time for withdrawal from the contract,
- Delivery of goods, which were customized or personalized,
- Delivery of goods subject to rapid decay, same as the goods which was irretrievably mixed with other goods after the delivery,
- Repair or services carried out in the place determined by the consumer upon his request; this shall not apply in case of subsequent performance of other then demanded repairs or delivery of other than demanded parts,
- The supply of sealed goods which were unsealed after supply by the consumer and which are not suitable for return due to hygiene reasons,
- Transportation or the free-time activities, if the entrepreneur provides such services at a specific date,
- In case of the withdrawal from the contract the entrepreneur shall bear the costs of the return of the goods, and in the case of the distance consumer contracts the consumer shall bear the costs for the returning of the goods only if the goods cannot be returned due to its character by regular post services;
- The consumer is shall pay the proportional part of the price in case of the withdrawal from the contract, if the subject matter of the contract was providing services and it has already started;
- in case of customer’s complaint, the costumer can submit such complaint to AtomicDrinks, or to the state supervisory authority.
The Buyer can enter into the contract by accepting the offer for concluding of the contract on the website run by AtomicDrinks, i.e. the consumer put the demanded thing (goods, services) in the basket, sends the order and such order will be delivered to AtomicDrinks. The employer of AtomicDrinks may assist the Purchaser during the conclusion of the contract, either directly at the branch or on the phone and in the case of email order. Before the Purchaser makes a binding confirmation of the order, the Purchaser has a right to change the demanded goods, transport method or the payment method, that means to control all data, which the Consumer has put in the order. The Purchase contract is made by sending of the order by the Purchaser after the type of transport and the payment method were chosen and by delivery of the Purchaser’s order to AtomicDrinks. The AtomicDrinks is not liable for possible defects during the transfer of data. The conclusion of the contract is without any delays confirmed by AtomicDrinks by an information email sent to the email address selected by the Purchaser. If the informational email is not sent to the email address picked by the Purchaser, the Purchaser’s order has not been delivered to AtomicDrinks, thus the purchase contract has not been concluded.
The annex of this confirmation is the current version of the GTs including the Complaint Procedure of AtomicDrinks. The concluded contract (including the agreed price) may be changed or cancelled only based on the agreement of both parties, due to reasons stipulated by the law or in accordance with these GTs.
The relations, which will be established based on this contract, shall be governed by the law of the Czech Republic and the disputes arising out of this contract shall be resolved before the appropriate courts of the Czech Republic.
The contract is concluded in Czech. If there is any translation made on the Purchaser’s demand, the Czech version of the contract shall prevail in case of the dispute about the meaning of definitions.
The concluded contract shall be archived by AtomicDrinks for at least five years after its conclusion, for the time according to appropriate legal laws as longest for the reasons of its successful fulfilment and it is not available to any third non-concerned parties. Information about the technical steps leading to the conclusion of the contract are become evident by reading these GTs, in which the process is described in an understandable way.
AtomicDrinks is not bound by any codex of behaviour in relation to the Purchaser.
By the purchase contract AtomicDrinks obliges itself that it will hand the thing, which is the subject of the purchase, to the Purchaser and it will let the Purchaser acquire the ownership right to the item, and the Purchaser obliges itself, that it will take over the thing and pay AtomicDrinks the purchase price.
AtomicDrinks reserves the ownership right to the thing, thus the Purchaser will only become its owner by payment of the purchase price.
AtomicDrinks hands the thing to the Purchaser together with all documents and certificates related to it and let the Purchaser acquire the ownership right to the thing in accordance with a contract.
AtomicDrinks fulfils its duty of handover of the thing by letting the Purchaser dispose with the thing at the place of performance and by announcing the handover to the Purchaser in due time.
In case that AtomicDrinks is obliged to send the item, the thing is handed to the Purchaser (entrepreneur) by handover of such thing to the first transporter for the transport to the Purchaser (entrepreneur) and it let the Purchaser (entrepreneur) claim their rights arising out of the transport contract towards the transporter. In case that AtomicDrinks is obliged to send the item, the thing is handed to the Purchaser (consumer), at the moment when the transporter hands the thing to the Purchaser (consumer).
If AtomicDrinks delivers to the Purchaser (entrepreneur) more items than was agreed between the parties, the purchase contract is not concluded for the superfluous quantity and the Purchaser (entrepreneur) shall return the superfluous goods to AtomicDrinks without unreasonable delays.
AtomicDrinks hands the purchased thing to the Purchaser in an agreed quantity, quality and design.
If it was not agreed how the thing shall be packed, AtomicDrinks shall pack the thing according to the habitual practice; if such does not exist then in the way needed for preservation of the thing to its protection. AtomicDrinks shall in the same manner secure the thing for the transportation.
The Purchaser shall check the thing right after the risk passes to the Purchaser and it shall check its characteristic and quantity.
The risk passes to the Purchaser by handover of the item. The result is the same if the Purchaser does not take over the item, although AtomicDrinks has let him take it over.
The damage of the thing which happened in the moment when the risk passed to the Purchaser, shall not affect the duty of the Purchaser to pay the purchase price, if it was not caused by AtomicDrinks due to violation of any of its obligations.
By delays of the Purchaser with a take-over of the item, the AtomicDrinks becomes entitled to sell the thing with a prior warning of the Purchaser and after AtomicDrinks provided the Purchaser with additional reasonable time for the take-over. Such procedure shall apply also when the Purchaser delays the payment which is condition to the handover of the item.
IV. The rights arising of the defective performance, quality guarantee, the Complaints Procedure
The rights arising of the defective performance and the guarantee quality provided to the Purchaser (consumer) shall be governed by the Complaints Procedure, which is inseparable part of this GTs.
The rights arising of the defective performance and the warranty provided to the Purchaser (entrepreneur) shall be governed by appropriate law.
V. Withdrawal from the contract
Consumer’s withdrawal from the contract
Consumer has the right to withdraw from a contract within fourteen days. The time limit under the first sentence starts on the date of conclusion of the contract, and in the case of:
- a contract of sale, from the date of the takeover of goods,
- a contract concerning several kinds of goods or the supply of several parts, from the date on which the last supply of goods is taken over, or
- a contract concerning a regular recurrent supply of goods, from the date on which the first supply of the goods is taken over.
The consumer may withdraw from the contract by mail sent to the address AtomicDrinks Central Europe s.r.o., Na Hřebenkách 815/130, Smíchov, 150 00 Prague 5, the Czech Republic or electronically by e-mail sent to e-mail address: firstname.lastname@example.org
If the consumer withdraws form the contract, he shall send or deliver the goods at his own expenses, which was delivered from AtomicDrinks, to AtomicDrinks without unreasonable delay, and no later than fourteen days after the withdrawal.
The goods shall be returned complete, with a complete documentation, without any damages, clean and in the original package if possible, and in the condition and quality in which the consumer received the goods.
In case of everyday consumer goods (such as shoe cream, any spray etc.), the consumer may not withdraw from the contract.
If the consumer decides to withdraw in the mentioned time period, we recommend, for the speeding up of the withdrawal procedure, to deliver the goods to the address of AtomicDrinks together with a completed sample form for the withdrawal from the purchase contract and with a copy or number of the purchase confirmation and selected bank account where the purchase price shall be returned.
The consumer is liable to AtomicDrinks for the reduction in the value of goods caused by the handling of the goods in a manner other than that which is necessary with regard to its nature and properties.
Should the consumer withdraw from the contract, AtomicDrinks returns him without undue delay and no later than in 14 days after the withdrawal, the money which it received from the consumer based on the contract (except for the additional costs arising due to delivery method chosen by the consumer, which is a different method from the cheapest method of standard delivery offered by the seller), and in the same manner. If the consumer returns only part of the goods according to the contract, it shall receive only purchase price of the returned goods.
If a consumer withdraws from the purchase contract, AtomicDrinks is obliged to return the funds received from him only after the consumer has handed over the goods to AtomicDrinks or proved to him that the goods were dispatched to AtomicDrinks.
The consumer is aware of the fact, that if there is any gift provided together with the goods, the donation agreement between AtomicDrinks and the Purchaser is concluded under the condition, that in case of the withdrawal from the purchase contract, the donation agreement becomes ineffective and the consumer has to return all gifts related to the goods together with the goods, including any enrichment arising out of it. Should the gifts be not returned back, such values shall be considered as an unjust enrichment of the consumer. If it is not possible to return the item of the unjust enrichment, AtomicDrinks is authorized to receive financial substitution for such item of its regular price.
Withdrawal from the contract without giving any reason
Any party is entitled to withdraw from the purchase contract in written form even without giving any reason until the moment of handover of the goods to the Purchaser. In such case, AtomicDrinks returns without unreasonable delays the purchase price to the Purchaser, if it was already paid in the same manner as it was paid to AtomicDrinks. The withdrawal from the contract shall be considered to be effective at the moment of its delivery to the second party.
General provisions on withdrawal from the contract
The Purchaser cannot withdraw from the contract, nor demand delivery of new thing, if the Purchaser cannot return the thing back in the same condition, as it was received. This provision shall not apply if,
- the change of the condition of the thing was caused as a result of an inspection of its possible defect,
- the thing had been used by the Purchaser before the defect was discovered,
- the Purchaser did not cause the impossibility to return the thing back in non-changed condition by its actions or neglecting, or
- the Purchase had sold the thing before the defect was discovered, consumed it up, or changed it during the regular use of the thing; if such situation happened only partially, the Purchaser returns to AtomicDrinks what he can return and provides AtomicDrinks with a financial substitution in the amount equal to the acquired benefit of the Purchaser from the use of the thing.
If the Purchaser does not announce the defect on time, he loses it right to withdraw from the contract. Due to protection of the Purchasers’ rights, should the Purchaser be a legal person which demands the payment of the credit note directly at the branch of AtomicDrinks, such amount shall be given only to the persons authorized to represent such legal person, i.e. its statutory body or other person, which disposes of the power of attorney with a certified signature or certified signatures of the statutory body of the legal person.
The Purchaser who is a natural person hereby gives its consent with elaboration of following personal data: name and surname, residence address, identification number, tax identification number, e-mail address, phone number, IP address, bank account number, information about all performed orders and concluded purchase contracts (hereinafter jointly referred to as the "personal data").
The Purchaser agrees with an elaboration of its personal data by AtomicDrinks, namely for the reason of administration of the user’s account, for the reason of conclusion and the fulfilment of the purchase contract.
The Purchaser is aware of the fact that it shall state its personal data (during the registration, in its user account) correctly and truly and that it shall change the personal data in its user account in case of any change of its personal data without undue delay.
AtomicDrinks is entitled to hire a third person as elaborator of the Purchaser’s personal data. AtomicDrinks will not provide personal data to any third person without the prior consent of the Purchaser, except for AtomicDrinks, elaborator or any other persons providing the fulfilment to the Purchaser.
Personal data will be processed for 5 years from the last order made. The personal data shall be elaborated in electronic form in fully automatic way or in printed form in non-automatic way. The Purchaser acknowledges that the provided personal data is accurate and that the Purchaser was advised that this is a voluntary provision of the personal data.
In the case the Purchaser means that AtomicDrinks or the elaborator elaborates its personal data in breach with the privacy protection of the Purchaser or in breach with the law, in particular, if the personal data are inaccurate with regard to the purpose of their elaboration, the Purchaser is entitled to: (i) ask AtomicDrinks or elaborator to provide an explanation; (ii) ask AtomicDrinks or elaborator to eliminate such state, file a complaint with the Office for Personal Data Protection.
Should the Purchaser ask for the information on elaboration of its personal data, AtomicDrinks shall give it such information. AtomicDrinks is entitled to ask for a reasonable payment for providing of such information which shall not exceed the necessary costs related to the provision of such information.
VII. Operating hours
Orders through the internet shop (e-shop) www.e-atomic.cz: 24 hours a day, 7 days in week. The acceptance of the orders for the expedition within the second working day in the area of the Czech Republic: till 10:00 AM.
All prices are contractual. The prices in the e-shop are always actual and valid.
The prices are final, including VAT or any other taxes and fees, which shall be paid by the consumer in order to acquire the goods. This shall not apply in case of additional fees for the transport, cash on delivery, and any costs related to the distance communication.
Special prices are valid till the goods are sold out or for the definite period of time set by AtomicDrinks.
The Purchaser is aware of the fact, that there may be a situation in which the Purchaser orders goods for the price which was disclosed accidentally, due to an error of the internal information system of AtomicDrinks. In such case, AtomicDrinks shall inform the Purchaser about its withdrawal from the contract.
AtomicDrinks reserves the right to consider the purchase contract for invalidly concluded, if the personal data or credit card etc. were abused, or due to reasons of action made by state administrative state authority or judicial authority. In such case, AtomicDrinks shall inform the Purchaser. The Purchaser is aware of the fact that the purchase contract cannot be validly concluded in the situations stated above in this paragraph.
The Purchaser shall get the fulfilment for the price which is valid in the time when the order was made. This price shall be defined in the order and in the message which confirms the acceptance of the order of goods.
The order may be performed in following ways:
- through the e-shop www.e-atomic.cz
- by the electronic mail using the address email@example.com
- by phone
X. Delivery conditions
Delivery time is within 1 - 14 days depends on state of delivery after the handover of the package to the transporter. The purchaser shall duly take the package from the transporter and check whether the package is intact, the number of the packages, and in case of any defects such announce to the transporter without any delays. The invoice and the tax receipt shall be attached in the package.
Right after the delivery the Purchaser shall inspect the condition of the package (the number of packages, the integrity of the tape or any damages of the box) according to the attached transportation list. The purchaser is entitled to refuse the package which does not correspond to the purchase contract due to e.g. its incompleteness or damages. If the Purchaser hands over such package, it is necessary to describe such damages in the handover protocol of the transporter.
Incomplete or damaged package shall be announced without any delays by email to the address firstname.lastname@example.org, the damages protocol shall be written down with the transporter and such protocol shall be sent, without undue delays, by email or mail to AtomicDrinks. Later complaint of the incompleteness or external damage of the package does not deprive the Purchaser of the right arising from a defective performance, however, it gives to AtomicDrinks the option to prove that the defect is not one of these for which the AtomicDrinks shall be held liable.
XI. The Consumer’s protection
In case of the consumer dispute arising out of the purchase contract or the contract on providing of services between the AtomicDrinks and the consumer, which cannot be resolved by a mutual agreement, the consumer may submit a proposal on extrajudicial solution of such dispute to the designated authority for the extrajudicial decision-making of consumer disputes, which is
Česká obchodní inspekce
Ústřední inspektorát - oddělení ADR
120 00 Praha 2
The consumer may also use the online web platform for the online resolving of the disputes instituted by the European Commission at the web page http://ec.europa.eu/consumers/odr/.
Extrajudicial handling of the complaints is secured by AtomicDrinks through electronical address email@example.com. Information on resolving of the complaints will be sent by AtomicDrinks to the electronic address of the consumer.
AtomicDrinks is authorized to the sale of goods based on the Trade Licence. The Trade supervision is exercised by the designated Trade Office. Supervision of the Personal Data protection is exercised by the Personal Data Protection Office. The Czech Market Inspection (Česká obchodní inspekce) exercises in a defined extent the supervision according to Act No. 634/1992 Coll., on the consumer protection, as amended.
XII. Final Provisions
These GTs, including all of their parts, are valid and effective since May 31, 2018 and they cancel all previous GTs including all of their parts.
INFORMATION ON RIGHT TO WITHDRAW FROM THE CONTRACT AND THE SAMPLE FORM FOR THE WITDRAWAL FROM THE CONTRACT
The consumer is entitled to withdraw from the contract without giving a reason within fourteen (14) days as of the day when the consumer contract was concluded or of the day when consumer, or other person designated by the consumer (different from the transporter), took over the last delivery of the goods in case of delivery of different kinds of goods or delivery of several parts or in case when the consumer or other person designated by the consumer (different form the transporter) took over the first delivery of the goods in case of the regular delivery of the goods. In all other cases, the consumer shall give the reason for which it withdraws from the contract.
The consumer shall inform about its withdrawal the seller for the purposes of the use of the right of withdrawal from the contract - AtomicDrinks Central Europe s.r.o., Na Hřebenkách 815/130, Smíchov, 150 00 Prague 5, the Czech Republic, e-mail: firstname.lastname@example.org, in a form of unilateral legal action (for example by a letter sent via the provider of the postal services, by fax, or by email). The consumer may use the attached sample form for the withdrawal from the contract, although it is not mandatory.
For the observance of the time limit for the withdrawal for the contract, it is sufficient when the withdrawal is sent before the time limit expires.
Should the consumer withdraw from the contract, the seller shall return without unreasonable delay and no later than in fourteen (14) days after the seller received the announcement about the withdrawal, all payments which the seller received from the consumer, including all costs of the delivery (except for the additional costs arising as a result of the delivery method chosen by the consumer, which differs from the cheapest method of the standard delivery offered by the seller).
The seller is obliged to return the funds received from him only after the consumer has handed over the goods to the seller or proved to him that the goods were dispatched to AtomicDrinks (according to what comes first).
The consumer is obliged to send back the goods or hand it over at the address of the seller AtomicDrinks Central Europe s.r.o., Na Hřebenkách 815/130, Smíchov, 150 00 Prague 5, the Czech Republic, e-mail: email@example.com without unreasonable delay and no later than in 14 days after the withdrawal. The time period shall be deemed as preserved if the consumer sends the goods back before the time period of fourteen (14) days expires.
The consumer shall bear the direct costs related to the return of the goods.
The consumer is liable to INREACH for the reduction in the value of goods caused by the handling of the goods in a manner other than that which is necessary for getting knowledge of its nature and properties, including its functioning.
For the purchase contract concluded through the internet shop www.e-atomic.cz („e-shop“) (hereinafter only as the „e-shop“) run by the company AtomicDrinks Central Europe s.r.o., identification number (ID): 47545925, (VAT): CZ47545925 with its registered seat at Na Hřebenkách 815/130, Smíchov, 150 00 Prague 5, the Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 27713 (hereinafter the „seller“), and in the facilities or the registered seat of the seller between the consumer as one party to the contract (hereinafter the „purchaser“) and the seller as the second party to the contract.
I. GENERAL PROVISIONS
The rights of the purchaser arising from the defective performance shall be always exercised (the exercise of the rights arising from a defective performance hereinafter as the “complaint “) in accordance with this Complaints Procedure. Any matters which are not covered by this Complaints Procedure shall be governed by the laws of the Czech Republic. The seller provides the purchaser by the Complaints Procedure in appropriate way and it shall give it to the purchaser in a written form at his request. In case of the purchase contracts concluded through the e-shop, the Complaints Procedure is a part of the GTs sent to the purchaser via e-mail after the purchase contract is concluded.
II. EXCEPTION FROM THE LIABILITY OF THE SELLER FOR THE DEFECTIVE PERFORMANCE
The seller shall not be held liable for the defective performance in following cases:
- if the thing is sold for the lower price due to defect for which the lower price was set,
- wear and tear of the goods caused by its usual use,
- if the defect of the things results from the nature of the thing (fungible thing or perishable thing),
- if the purchaser knew before the handover of the thing, that the thing is damaged, or if the purchaser caused the defect by itself, for example by incorrect use, storage, incorrect maintenance, by any action of the purchaser or due to mechanical damage,
- if the defects occurred due to external influences beyond the control of the seller.
III. EXERCISE OF THE COMPLAINT
The purchaser is exercise its complaint towards the seller in person or through the transporter, in any business premises of the seller, in which the acceptance of the complaint is possible with respect to the assortment of the selling goods, or in the registered seat of the seller or its place of business. The seller shall secure the presence of its employee authorized to the acceptance of the complaints during the opening hours of the business premises..
By sending of the goods to the address of the service centre of the seller the purchaser speeds up the handling of the complaint. The address of the service centre is following: AtomicDrinks Central Europe s.r.o., Na Hřebenkách 815/130, Smíchov, 150 00 Prague 5, the Czech Republic.
The complaint laying in the repair of the thing may be also made with a person authorized to the repairs according to the confirmation, which was issued by the seller to the purchaser, or in the bill or warranty card, if the authorized person is at the place of the business of the seller or at the place which is closer to the purchaser.
The purchaser shall prove that it is entitled to exercise the complaint, mainly by demonstration of the date when the purchase was made, either by rendering the purchase bill, the confirmation of the duties of the seller arising from a defective performance, warrant card, or by any other reliable way. The purchaser is not authorized to exercise the claim for a defect which had been already claimed in past if the appropriate discount of the purchase price was provided.
Should the exercise of the right arising from a defective performance cause significant complications to the consumer, especially due to impossibility of transport of the thing by standard method to the place where the complaint can be made or the goods were permanent fixed to other thing or it was a part of immovable, the seller shall check the thing at the place where it is placed with a prior agreement with the purchaser, or in a different way. In such case, the purchaser shall provide the seller with necessary assistance.
IV. THE TIME PERIOD FOR THE EXERCISE OF THE RIGHT ARISING FROM A DEFECTIVE PERFORMANCE
The Purchaser is authorized to exercise the right arising from a defective performance which occurs to the consumer products within 24 months as of its handover. If it is used goods, the time limit shall be shortened to 12 months.
After the time period expires, the right arising from a defective performance cannot be exercised unless the parties to the contract agree otherwise or the seller of the producer provides the purchaser by a special quality guarantee beyond its duties stipulated by law.
The purchaser shall exercise its rights arising from a defective performance without unreasonable delay after it discovers the defect of the goods. The seller is not liable for the extension of damage if the purchaser keeps on using the goods after he discovered the defect. Should the purchaser exercise its right arising from a defective performance legally, the time period shall not run for the time when the goods are being repaired and the purchaser cannot use it.
The purchaser is aware of the fact that the new time period for the exercise of the right arising from a defective performance does not start in case of the exchange of the goods as a result of dealing with the complaints.
The time period for the exercise of the right arising from a defective performance shall not be considered as a determination of a useful life of goods, such time differs according to the type of the product, its maintenance and the correctness of its use and the intensity of the use, or the agreement of the purchaser and the seller.
V. DEALING WITH THE COMPLAINTS
The seller shall decide immediately about the complaint, or within three days in more difficult cases. This time period shall not include the time necessary for the professional inspection of the defect.
The seller shall give to the purchaser a written confirmation, in which it shall state the date and the place of the exercise of the complaint, type of the defect, the way in which the seller intends to deal with the complaint and the way in which the purchaser shall be informed about its handling. The message sent by the electronic mail to the address of the purchaser stated in purchaser’s user account in the e-shop or to the address later selected by him shall be also considered as issuing of the confirmation stated in the sentence above.
The complaint, including the repair of the defect shall be resolved without undue delay and no later than within 30 day after the exercise of the complaint unless the seller agrees with the purchaser on longer period of time. The expiration of the time limit shall be considered as significant breach of the contract.
The seller shall confirm to the purchaser in a written form the date and the manner of resolving of the complaints, including the confirmation that the thing was repaired and its duration, or the reasons for the refusal of the complaint. The message sent by e-mail to the address of the purchaser stated in user account of the purchaser in the e-shop or to the address later selected by the purchaser shall be also considered as issuing of the confirmation stated in the sentence above.
The purchaser is not authorized without prior consent of the seller to change already made choice of the resolving of the complaint except for the situation, when such choice cannot be done at all or when it cannot be done on time.
The purchaser shall take over the goods which were subject of the complaint within 30 days as of the day, when the complaint should have been resolved. After this time, the seller is authorized to demand appropriate fee for the storage of the goods or to sell the goods on its own on behalf of the purchaser. Such process shall be announced in prior to the purchaser and he shall be provided by an appropriate additional time limit for the takeover of the goods.
VI. THE QUALITY UPON TAKEOVER AND THE RIGHT ARISING FROM A DEFECTIVE PERFORMANCE
The seller hereby declares, that the goods hands over to the purchaser in accordance with the provision of S. 2161 of the Civil Code, i.e.:
- 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’s quality or design corresponds to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model,
- the thing has the quantity, measurement or weight, and
- the thing meets the requirements laid down by legal regulations.
If a thing lacks the properties specified above, the purchaser may also require the supply of a new thing without defects, unless it is disproportionate to the nature of the defect, but where the defect only concerns a component part of the thing, the purchaser may only request a replacement of that component part; if it is impossible, he may withdraw from the contract. If, however, it is disproportionate to the nature of the defect, in particular where the defect can be removed without undue delay, the purchaser has the right to have the defect removed gratuitously.
Even where a defect is removable, the purchaser is entitled to have a new thing supplied or a component part replaced if he cannot use the thing properly due to the repeated occurrence of the defect after a repair or due to a larger number of defects. In this case, the purchaser shall also have the right to withdraw from the contract.
If a purchaser does not withdraw from the contract or he does not exercise his right to have a new defect-free thing supplied, its component part replaced or the thing repaired, he may require a reasonable price reduction. A purchaser also has the right to a reasonable price reduction where the seller cannot supply to him a new defect-free thing, replace a component part of the thing or repair it, as well as where the seller fails to provide for a remedy within a reasonable time or where such a remedy would cause substantial difficulties to the consumer.
It is deemed that if the defect is discovered within six months after its handover, the thing was defective already during the handover.
VII. COSTS OF COMPLAINTS
If the complaint is accepted as an authorized one, the purchaser is entitled to get back the costs related to the exercise of the complaints.
VIII. CONTRACTUAL GUARANTEE OF QUALITY
If the seller provided the guarantee of quality above its legal obligations, its exercise shall be governed by this Complaints procedure, especially if the confirmation of the duties of the seller from the defective performance (warrant card) or the contract does not state otherwise.
IX. DEFECTIVE PRODUCT LIABILITY OF THE SELLER, WHICH IS FUNDAMENTAL AND NON-FUNDAMENTAL BREACH OF THE CONTRACT
The liability of the seller for the defects, which are fundamental or non-fundamental breach of the contract, shall be used for such defects, where the guarantee of quality under art. 5 in the moment of handover is not performed, i.e. only in the case of the contractual quality guarantee. The defect is considered as a fundamental breach of the contract in case, that the purchaser would have not entered in the contract knowing about such defect in the moment of the conclusion of the contract. In all other cases, the defect shall be considered as non-fundamental breach of the contract.
Should the defect be a fundamental breach of the contract, the purchaser is authorized to choose whether he wants to deliver a new thing, a repair of the defect, appropriate discount or withdrawal from the contract.
If the defect is a non-fundamental breach of the contract, the purchase is authorized to have the thing repaired or to get an appropriate discount.
Regardless of the authorization of the claim from the quality guarantee the purchaser has never any claim for the repayment of the reasonable costs related to the application of such claims.
X. EXTRAJUDICIAL HANDLING OF DISPUTES
In case that the consumer dispute between the seller and the purchaser arises out of the purchase contract or from the contract on providing of services, which cannot be resolved by a mutual agreement, the purchaser may submit the motion for the extrajudicial handling of such dispute to the designated authority for extrajudicial handling of the consumer disputes, which is
Česká obchodní inspekce
Ústřední inspektorát - oddělení ADR
120 00 Praha 2
The purchaser who concluded the purchase contract using the means of internet communication or through the e-shop, may also use the online platform for resolving of the disputes, which is instituted by the European Commission on the address http://ec.europa.eu/consumers/odr/.
Extrajudicial handling of the complaints is secured by the seller through the electronic address firstname.lastname@example.org. The seller shall send the information on handling of the complaints of the purchaser to the electronic address of the Purchaser selected in the user account of the purchaser in the e-shop or to the electronic address later provided by the purchaser.