Terms and Conditions

 
 
 
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Terms and conditions

1. Company identification and contact details

1.1 Seller:

 

Business name: Adam sport s.r.o.
Legal form: Limited liability company
Headquarters: Bystrická cesta 5649/4B, 03401 Ružomberok
ID: 45 881 553
TIN: 2023122321
VAT NUMBER: SK2023122321
Registered in: Commercial Register of the District Court of Žilina, oddiel: Sro, vložka č.: 77724/L
Represented by: to the Managing Director:  Patrik Lupták

(hereinafter referred to as "Seller")

 

Address of the establishment (store):

Adam Sport
Bystrická cesta 5649/4B
Ružomberok
034 01
Slovenská republika

 

Responsible manager: Patrik Lupták
Kontakt: adamsport@adamsport.store

 

Shop opening hours:

Mon - Fri:  09:00 - 17:00
Sat:          09:00 - 12:00

 

1.2 Contact data:

E-mail: adamsport@adamsport.store


1.3 Address where the buyer can make a complaint, return the purchased goods, file a complaint or any other complaint: 

Adam Sport
Bystrická cesta 5649/4B
Ružomberok
034 01
Slovenská republika

 

1.4 Supervisory authority:

Inspektorát SOI pro Žilinský kraj
Predmestská 71, P. O. BOX B-89, 011 79  Žilina 1  
za@soi.sk
tel. č. 041/763 21 30, 041/724 58 68
fax č. 041/763 21 39

 

2. Introductory provisions

 

2.1 The purpose of these General Terms and Conditions (hereinafter referred to as "GTC") is to clearly and comprehensibly inform the buyer and provide him with all necessary information prior to the conclusion of the contractual relationship, as well as to instruct him on the right to withdraw from the contract and on the complaints procedure..

2.2 The GTC regulate the rights and obligations of the parties to a contract concluded at a distance or a contract concluded outside the Seller's premises through the e-shop www.adamsport.store

2.3 In the case of conclusion of a consumer contract within the meaning of § 52 et seq. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the seller's business premises and on amendment and supplementation of certain acts, the Civil Code and Act No. 250/2007 Coll. 372/1990 Coll. on offences, as amended.

 

 

3. Definitons

 

3.1 The operator of the electronic/internet shop (e-shop) is a trading company Adam sport, s. r. o. established in: Bystrická cesta 5649/4B, 03401 Ružomberok, ID: 45 881 553.

3.2 Seller is a trading company Adam sport, s. r. o. established: Bystrická cesta 5649/4B, 03401 Ružomberok, ID: 45 881 553.

3.3 Buyer (orderer) is understood to be a natural person registered in the system, who has sent an electronic order processed through the electronic system of trade www.adamsport.store after his/her own authorization and whose purchased goods or provided services do not serve for the exercise of employment, profession or who does not act within the scope of his/her commercial activity or other business activity.

3.4 Electronic order is an electronic form containing information about the buyer, a list of ordered goods or services from the e-commerce offer and the price of these goods, processed by the e-commerce system.

3.5 Distance contract is a contract between the Seller and the Buyer agreed and concluded exclusively by means of distance communication without the simultaneous physical presence of the Seller and the Buyer using a website, electronic mail, telephone, fax, mailing list or offer catalogue, etc.

3.6 For the purposes of these GTC, a contract, the subject of which is the sale of goods, is understood to be a contract under which the buyer acquires an item for consideration, in particular a contract of sale and a contract for work or a contract, the subject of which is both the sale of goods and the provision of a service.

3.7 Goods or services are all products published on the pages of the e-shop, except for products from the "Rental" section, which serve only as illustrative photos for rental products.

 

 

4. Procedure for creating an order and concluding a contract

 

4.1 The buyer can order any goods through the e-shop, where the "ADD TO CART" button is placed.

4.2 Before the conclusion of the contract, before the buyer sends the order, the seller shall provide the buyer with all information required by law (Information provided before the conclusion of the contract).

4.3 Buyer then fills in the billing / delivery details, selects the shipping and payment method and agrees to these terms and conditions.

4.4 The created order will be registered in the system and the buyer will be informed about it by e-mail notification.  The content of the e-mail notification will also include the following information:

  • the main characteristics of the goods or services
  • the total price of the goods or services, including the cost of transport, delivery, postage
  • information on the duration of the contract, including the minimum duration of the consumer's obligations
  • information about the consumer's obligation, if any, to pay the seller the price for the performance actually provided
  • express consent to start the custom-made item before the expiry of the withdrawal period
  • the general terms and conditions

4.5 In order to send a binding order, it is necessary for the buyer to press the button/function called "order with payment obligation", whereby the buyer expressly confirms that he/she has been informed that the order includes the obligation to pay the price, as well as that he/she has been informed of the general terms and conditions.

4.6 The Seller will then send the Buyer a binding confirmation of the conclusion of the contract to the Buyer's e-mail address. The confirmation will include:

(a) the information provided prior to the conclusion of the contract; and
(b) confirmation of the Buyer's express consent to commence the custom-made item before the expiry of the withdrawal period, including a statement of the related instruction.

4.7 Condition for the validity of the order is the truthful and complete completion of all data and details required by the registration form, including telephone contact.

4.8 All orders received shall be deemed to be a draft contract and shall be deemed binding. A contract, the subject of which is the sale of goods, is formed on the basis of the electronic confirmation of the order in the system by the seller.

4.9 Change in the content of the order is considered a new draft contract and the contract is only formed by the electronic confirmation of the order in the system by the Seller.

4.10 Contract shall give rise to an obligation on the part of the Seller to deliver the agreed goods or services to the Buyer in a proper and timely manner and an obligation on the part of the Buyer to accept the agreed goods or services and to pay the agreed price to the Seller for them.

 

5. Order cancellation

 

5.1 Order cancellation by the buyer

5.1.1 Buyer has the right to cancel the order without giving any reason at any time before its binding confirmation by the Seller.

5.1.2 Buyer may cancel the order without charge and without giving any reason within 24 hours after its binding confirmation, but only if the subject of the order is the purchase of goods that are not "made to order" and do not need to be made according to the Buyer's specific requirements.

5.1.3 For all other cases of cancellation of an already confirmed order, the buyer is obliged to reimburse the seller for the damage caused by such action. The Seller shall be entitled to compensation, in particular in the case of the purchase of "custom-made" goods which had to be made according to the Buyer's specific requirements or goods intended specifically for one Buyer or in the event that demonstrable costs have already been incurred in connection with the securing of the goods.

 

5.2 Order cancellation by the seller

5.2.1 Seller reserves the right to cancel the order or part of it in the following cases:

  • in the case of an order that could not be confirmed (wrong phone number, unavailable, not responding to emails, etc.);
  • a key material for the manufacture of the goods is no longer manufactured or supplied or the price has changed significantly;
  • in the event of technical failure, malfunction of the e-shop portal, in the event of an obvious typing and counting error and other obvious inaccuracy;
  • in the event of a stock outage;

In the event that this situation arises, the Seller will immediately contact the Buyer in order to agree on the next course of action.

 

6. Price of goods

 

6.1 Price of the goods is final, quoted in EUR.

6.2 Price of goods in store without prior online ordering may vary. The prices in the shop are independent and different from the prices in the e-shop.

6.3 Discounts/Offers/Benefits

Discounts/Discounts/Specials are valid in accordance with their terms and conditions only from and until the stated date of the discount/discount/special or while stocks last. Unless expressly stated otherwise, individual discounts/promotions/benefits cannot be combined. In the case of special promotions such as Black Friday, VAT Free Day, Happy Hour, Black Weekend, discounts cannot be combined. The discount amount during these promotions is only valid and charged when the conditions in the description of these special promotions are met.

6.4 Gift

If you have received a gift with the goods (without any payment, i.e. for 0,- euro) Any claim does not apply to the gift. It is not sold goods. Adam sport s.r.o. reserves the right to make changes in packaging and variants as well as the right to deliver the gift while stocks last. If the customer wishes to take advantage of the 14 day return period and the order included a gift, the customer is obliged to return the gift, otherwise they may be charged a fee of the value of the gift when returning the goods and not returning the gift.

6.5 Garancia najnižšej ceny

If the buyer finds a lower price from a competing seller, the seller agrees to provide the buyer with the current lower market price subject to the following conditions. To compare a competing offer, the buyer must send the seller a link by e-mail with his inquiry or insert the link with the link in the "notes" when placing the order.

Seller will compare the competing offer and if the listed product is in comparable competitive terms to what the Seller is offering, i.e:
1. the goods must be in stock
2. the Seller's registered office only in the Slovak Republic
3. the price is comparable including shipping, surcharges and any gifts and discounts from us, the buyer will get the product at the price he/she asked for.

 

7. Payment options

 

7.1 It is possible to pay for goods and services purchased in the e-shop in the following ways:

a) payment via internet banking - Payment via 24-pay payment gateway (Instant Payment, Payment by Card, Payment by Transfer). Approved and regulated by the National Bank of Slovakia. Authorisation number ODB-8835-5/2012.
b) Payment by card through payment gateways - Payment through 24-pay payment gateway (Instant payment, Payment by card, Payment by transfer). Approved and regulated by the National Bank of Slovakia. Authorisation number ODB-8835-5/2012.
c) payment via GoPay payment gateway (Instant payment, Payment by card, Payment by transfer)
d) payment by transfer based on an invoice with the due date stated in the invoice

7.2 Gift voucher is a prepaid amount of money that the purchaser can use when making a purchase based on the availability of free prepaid funds. The expiration date of the voucher is stated on the voucher. The face value of the gift voucher can be agreed with the purchaser.

7.3 Surcharges for each payment option are set out in clause 8 of these GTC.

7.4 Seller may provide the Buyer with discount options:

a) discount on the price of registration to the e-shop,
b) discount for repeat purchases,
c) discount based on a one-time discount coupon,
d) discount based on membership in organizations and clubs
e) discount for subscribing to the newsletter
Discounts cannot be cumulative.

7.5 If the price due for the products delivered is not paid in full, the Seller shall have the right to suspend further deliveries of the goods until such time as the price due has been paid in full.

 

8. Shipping charges, packaging and payment options

 

8.1 When paying via internet banking or payment gateway, the seller will charge for the transport fee:

 

REGULAR PACKAGES UP TO 5 KG

 

COUNTRY

PACKETA PICK-UP POINT PACKETA HOME DELIVERY GLS PARCEL DELIVERY
Austria not available 12 € 14 €
Croatia 10 € 11 € 12 €
Denmark not available 20 € 14 €
France 20 € 20 € 18 €
Germany 10 € 12 € 14 €
Italy 16 € 17 € 18 €
Latvia 9 € 15 € 20 €
Lithuania 12 € 16 € 20 €
Poland 4 € 8 € 14 €
Slovenia 11 € 11 € 16 €

 

 

OVERSIZED PACKAGES UP TO 20 KG

 

COUNTRY GLS PARCEL SERVICE
   
Austria 20 €
Croatia 19 €
Denmark 20 €
France 28 €
Germany 20 €
Italy 28 €
Latvia 30 €
Lithuania 30 €
Poland 20 €
Slovenia 19 €

 

8.2 When paying by bank transfer, the seller will charge for the transport fee:

 

REGULAR PACKAGES UP TO 5 KG

 

COUNTRY

PACKETA PICK-UP POINT PACKETA HOME DELIVERY GLS PARCEL DELIVERY
Austria not available 12 € 14 €
Croatia 10 € 11 € 12 €
Denmark not available 20 € 14 €
France 20 € 20 € 18 €
Germany 10 € 12 € 14 €
Italy 16 € 17 € 18 €
Latvia 9 € 15 € 20 €
Lithuania 12 € 16 € 20 €
Poland 4 € 8 € 14 €
Slovenia 11 € 11 € 16 €

 

OVERSIZED PACKAGES UP TO 20 KG

 

COUNTRY GLS PARCEL SERVICE UP TO 20 KG
   
Austria 20 €
Croatia 19 €
Denmark 20 €
France 28 €
Germany 20 €
Italy 28 €
Latvia 30 €
Lithuania 30 €
Poland 20 €
Slovenia 19 €

 

 

8.3 Adam sport s.r.o. does not charge packing.

8.4 We do not charge a shipping and handling fee for purchases over 300 Eur only when ordering from the Slovak version of the e-shop (adamsport.eu) with delivery only in the Slovak Republic.

8.5 Seller may also agree with the Buyer on a procedure other than the standard (above) procedure for sending goods or services as well as the prices for these services.

8.6 Seller may send the goods that are immediately available to the Buyer and deliver the remainder of the order subsequently within the statutory period, provided, however, that the Buyer shall not be charged any additional postage in addition to that agreed in the order.

 

 

9. Delivery options

 

9.1 For each item, the delivery time is indicated and means within how many working days from the conclusion of the contract we usually send the goods - we hand over the package to the carrier/deliverer.

9.2 If the goods state "In stock at the supplier", the delivery time is usually this number of days or more in the case of an unexpected situation, as these products are not physically stocked in the shop ready for immediate dispatch.

9.3 If the goods are marked "goods to order", the delivery time is individual, because it is a new item made according to the individual ideas and requirements of the customer, and we will inform the buyer by e-mail as soon as it is actually found.

9.4 In the event of an extension of the delivery period due to the fact that the key material for the manufacture of the goods is no longer produced or supplied, or its price has changed significantly, or an extraordinary, unforeseeable, unavoidable event has occurred, we will inform the buyer of this turnaround for the purpose of agreeing on a further course of action, including with the possibility of cancelling the order, unless the contracting parties agree on another way to resolve the matter.

9.5 Each buyer is informed by email of any changes in the status of his order. The status of the order can be checked by logging in to the system.

9.6 Goods are delivered via Packeta or GLS parcel service to the address specified by the buyer in the order. The goods are also available for personal collection at the seller's establishment (shop) by mutual agreement.

9.7 Shipment of goods always contains an invoice (proof of purchase of goods), a withdrawal form.

9.8 Obligation to deliver the goods is fulfilled when the goods are handed over to the customer or to the authorised person specified in the order or when they are handed over to the first carrier for transport. The delivery period must therefore be supplemented by the days during which it takes to deliver the goods via the carrier. We will inform you by e-mail and text message that your order has been handed over to the carrier or is ready for personal collection.

9.9 If the goods have not been delivered even within 7 days after our email, please contact us. We will provide you with more information about your package and possible reasons for non-delivery by e-mail.

9.10 In the case of a consumer purchase contract, we as the seller are obliged to fulfill your order and deliver the goods to you within a period of no later than 30 days from receipt of the order. If the ordered goods or a part of the goods from the order cannot be delivered within the aforementioned time limit, we will inform you of this situation as soon as possible and notify you of the expected delivery date or propose the delivery of replacement goods. If we are unable to provide the goods even within the additional period, you have the right to withdraw from the contract and, in the case of payment of the purchase price or part thereof, the funds will be refunded to you within 30 days to the bank account specified by you, which you will send to us at our email adamsport@adamsport.store

 

 

10. Reservation of ownership

 

10.1 Ownership right passes from the seller to the buyer only at the moment of payment of the full purchase price for the subject of the purchase contract.

10.2 In the case of a claim made by the Buyer for goods to which the Seller's right of ownership still applies, the Seller reserves the right to settle the claim only at the moment of full payment of the purchase price for the subject of the contract of sale.

 

11. Withdrawal from the contract

 

11.1 Instructions on exercising the consumer's right of withdrawal

11.1.1 Right of withdrawal from the contract

You have the right to withdraw from this contract without giving any reason within 14 days.

The withdrawal period expires 14 days after the date on which you or a third party appointed by you, excluding the carrier, takes delivery of the goods, or if the goods ordered by the buyer in one order are delivered separately: when you or a third party appointed by you, excluding the carrier, takes delivery of the goods which were delivered last.

In the case of a contract for services (a contract for custom-made goods), the withdrawal period expires 14 days after the date of conclusion of the contract.

When exercising your right to withdraw from the contract, please inform us of your decision to withdraw from this contract by an unequivocal statement, for example by letter sent by post to Adam Sport, registered office: Bystrická cesta 5649/4B, 034 01 Ružomberok, postcode: 034 01, ID number: 45 881 553 or by e-mail: adamsport@adamsport.store. For this purpose you can use the sample withdrawal form that we have provided or sent to you.

Lehota na odstúpenie od zmluvy je zachovaná, ak zašlete oznámenie o uplatnení práva na odstúpenie od zmluvy pred tým, ako uplynie lehota na odstúpenie od zmluvy.

 

Withdrawal by the entrepreneur and in other cases

Entrepreneur buyer may be allowed by adamsport.store to withdraw from the purchase contract within 14 days. If the value of the purchased goods exceeds 1000, - € incl. VAT or if the subject of the contract is the purchase of a skialp set, such withdrawal is not possible at all.

If the Business Buyer is allowed to cancel the Purchase Contract within the fourteen day period, then the Business Buyer acknowledges that the Purchase Price refunded may be reduced by that by which the value of the Goods has been reduced.

If the Business Buyer is allowed to cancel the Purchase Contract within the fourteen day period and the returned Goods are not in their original packaging, including all parts and accessories, then the Business Buyer acknowledges that Adamsport reserves the right to charge a fee for such return of Goods, such amount to compensate Adamsport for the cost of reintroducing the Goods for sale.

The buyer may not withdraw from the contract or demand delivery of a new item if he cannot return the item in the same condition as when he received it. This does not apply,

 

11.1.2 Consequences of withdrawal from the contract

Upon cancellation of the contract, we will refund all payments you have made in connection with the conclusion of the contract, in particular the purchase price, including the cost of delivery of the goods to you. This does not apply to additional costs if you have chosen a delivery method other than the cheapest normal delivery method we offer. Payments will be refunded no later than 30 days from the date on which we receive your notice of withdrawal from this contract. They will be refunded in the same way as you used for your payment, unless you have expressly agreed to a different method of payment, and without any additional charges being made.

Payment for the goods purchased will only be made to you upon delivery of the returned goods back to our address or upon presentation of proof of return postage, whichever is sooner.

Send the goods back to us or bring them to our address (shop) within 14 days of exercising the right of withdrawal. The time limit is deemed to have been observed if you send the goods back before the expiry of the 14-day period.

Buyers are advised to make a copy of the invoice for their own use and to send the goods by registered mail and as insured shipment. You can use the following form to withdraw from the contract: Withdrawal from the Purchase Contract, in which it is necessary to fill in at least the data marked with "*" - an asterisk. (http://www.nakupujbezpecne.sk/docs/form/odstupenie%20od%20zmluvy.pdf).

Please note, if you decide to withdraw from the contract, the direct costs of returning the goods will be borne by you.

Information about the buyer's liability for damage to the returned goods: "You are only liable for any diminution in the value of the goods as a result of handling them in a manner other than that necessary to ascertain the nature, characteristics and functionality of the goods."

In the case of a contract for services (custom-made contract): "If you have requested the commencement of the provision of services during the withdrawal period, you are obliged to pay us the price for the services actually provided up to the date on which you have notified us of your decision to withdraw from this contract."

 

11.2 When the buyer cannot withdraw from the contract

11.2.1 The buyer cannot withdraw from a contract, the subject of which is, for example:

 

11.2.2 Since the contract is terminated from the outset in the event of withdrawal, the parties shall reimburse each other for all mutually accepted benefits. Therefore, if this right is exercised, the buyer is obliged to comply with the following conditions for the returned goods:

11.2.3 We recommend that you send your returned goods by registered mail or insure them, as we are not responsible for their possible loss on the way to us by a third party. Cash on delivery will not be accepted!

11.2.4 If the Buyer withdraws from the contract and delivers to the Seller goods that are used and are damaged or incomplete or the value of the goods in question is reduced as a result of such treatment of the goods that is beyond the treatment necessary to establish the characteristics and functionality of the goods, the Seller shall be entitled to compensation against the Buyer in the amount of the value of the repair of the goods and the restoration of the goods to their original condition, or the Seller shall have the right to require the Buyer to reimburse the Buyer for the reduction in the value of the goods, and the Buyer shall be notified of this fact.

11.2.5 Buyer is obliged to pay all payments and refunds to the Seller in the amount of the difference between the purchase price of the Goods and the value of the Goods at the time of withdrawal from the Purchase Contract in accordance with this clause of the General Terms and Conditions.

 

11.3 Information about the consumer's obligation, if any, to pay the seller the price for the performance actually provided

11.3.1 In the case that the consumer withdraws from a contract for the production of a custom-made item (service contract), he is obliged to pay the seller only the price for the actual performance provided until the date of delivery of the notice of withdrawal, if the consumer has given his express consent to the seller prior to the commencement of the provision of services.

 

11.4 Explicit consent to commence work on the contract before the expiry of the withdrawal period

11.4.1 Seller hereby instructs the Buyer that by agreeing to commence the custom-made item before the expiry of the withdrawal period, once the item has been fully completed, the Buyer loses the right to withdraw from the Contract.

11.4.2 Buyer hereby grants the Seller express consent to commence the custom-made item prior to the expiry of the withdrawal period and also declares that he has been duly informed that by giving his consent he loses the right to withdraw from the contract once the item has been fully completed.

 

12. Complaints procedure and warranty conditions

 

12.1 Although our company strives to do our best and offer you perfect service, it can happen that something is not as it should be. This Complaints Procedure is designed to ensure that we deal with complaints quickly and correctly.

12.2 Liability for defects in goods sold

Seller is responsible for defects in the sold goods upon receipt by the Buyer. In the case of goods sold for a lower price, the seller is not liable for the defect for which the lower price was negotiated. The Seller is also liable for defects that occur after the goods have been taken over within the guarantee period (warranty).

Buyer is obliged to point out the defects of the goods to the Seller without undue delay after he has had the opportunity to inspect the goods. Upon receipt of the goods, the Buyer is obliged to inspect the goods and check the completeness of the delivered goods and the relevant documents (tax document - invoice).

If the goods are delivered by courier service or by post, the buyer is obliged to check at the place of receipt whether the packaging of the parcel is damaged. If the packaging of the consignment is damaged and it is suspected that the goods may be damaged in the same way, write directly with the driver of the transport company a report on the defects found, e.g. due to damage to the packaging of the goods, mechanical damage to the goods or incompleteness of the consignment. Please contact us immediately with photo documentation by e-mail or telephone.

Upon personal collection of the goods, the buyer is obliged to inspect the goods and to complain immediately about any apparent defects concerning mechanical damage to the goods or their packaging, the quantity of the delivered goods, the completeness of the documents, or any other apparent defects.

12.3 Warranty period

The warranty period for goods purchased by the buyer - a natural person in the online store www.adamsport.store is 24 months according to the provisions of the Civil Code. The warranty period in the case of custom-made items ordered through the online store www.adamsport.store is 24 months according to the provisions of the Civil Code. The warranty period for goods purchased by a buyer - a legal entity in the online shop www.adamsport.store is 12 months according to the provisions of the Commercial Code. The warranty period for goods purchased in the e-shop under the label (Unpacked, Used goods) is 6 months from the date of purchase. Warranty periods start from the date of receipt of the goods by the buyer, i.e. the date of receipt of the goods from the shipping company or directly from the seller if the buyer collects the goods in person.

12.4 Termination of rights

Rights of liability for defects in the goods for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period. The buyer may therefore only make a claim within the warranty period.

12.5 Right to make a complaint

If the buyer discovers that the delivered goods have a defect, i.e. they do not have the required or legally prescribed characteristics, or are not of normal quality, he has the right to claim this defect. Buyer is obliged to reproach the seller without undue delay after discovering the defect and may not use the goods further with regard to the nature of the defect.

12.6 Where to make a complaint

Buyer can make a claim or warranty repairs in writing to Adam sport with registered office at Bystrická cesta 5649/4B, Ružomberok, post code: 034 01, Slovakia by sending the goods claimed and specifying the defect of the goods. The goods you are claiming for should not be dirty and unhygienic.  The goods must be accompanied by a copy of the proof of purchase (invoice). We recommend that you send the goods by registered post and, if necessary, insure them, as we are not responsible for their possible loss on the way to us. COD shipments will not be accepted by our company. The Buyer may also make a claim in person at the Seller's premises with the Head of Operations or an employee authorized by him.

12.7 What can be complained about

Only goods that have been purchased from the Seller and that are the property of the Buyer may be claimed. Each item is accompanied by an invoice (proof of purchase) upon delivery to the Buyer, which also serves as a warranty document.

12.8 No claim can be made for product defects caused by improper use, storage or damage by the buyer. Misuse means improper handling of the product in a manner other than that specified in the instructions for cleaning, washing, drying, ironing, storage and use for a purpose other than that for which it was intended. The product must not be mechanically damaged, mechanical damage being defined as damage to the product which could not have been caused by normal use of the product for its intended purpose. The product cannot be claimed for stains, spots and other soiling of the goods which occurred after receipt of the goods. The product must not be damaged by excessive use or neglect of its maintenance.

Complaints cannot be made for defects caused by normal use and wear and tear of the product.

12.9 Lessons on buyer's rights

If the buyer exercises the right of liability for defects in the goods, the seller or his authorized employee or designated person is obliged to instruct the buyer about his rights under the Civil Code in the following scope:

12.9.1 Repairable defect

If it is a defect that can be remedied, the buyer has the right to have it remedied free of charge, in a timely and proper manner. The Seller is obliged to remove the defect without undue delay. Instead of removing the defect, the buyer may require the item to be replaced or, if the defect relates only to a part of the item, the part to be replaced if this does not incur disproportionate costs for the seller in relation to the price of the goods or the seriousness of the defect. The seller may always replace the defective item with a faultless one instead of removing the defect, if this does not cause serious inconvenience to the buyer.

12.9.2 Irreparable defect

If there is a defect that cannot be remedied and that prevents the item from being properly used as an item without defect, the buyer has the right to have the item replaced or to withdraw from the contract. The same rights shall apply to the buyer if the defects are remediable, but if the buyer cannot properly use the item due to the reoccurrence of the defect after repair or due to a greater number of defects. If there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the item.

12.10 Buyer's right of choice

Buyer has the right to choose which of the above rights to exercise.

12.11 Determine how the complaint will be handled

On the basis of the buyer's decision which of the above-mentioned rights to exercise, the seller (or his authorized employee or designated person) is obliged to determine the method of handling the complaint pursuant to Section 2 (m) of Act No. 250/2007 Coll. immediately, in complex cases no later than 3 working days from the date of filing the complaint, in justified cases, in particular if a complex technical evaluation of the condition of the product or service is required, no later than 30 days from the date of filing the complaint. The following methods of dealing with the complaint are: handing over the repaired product, replacing the product, refunding the purchase price of the product, paying a reasonable discount on the price of the product, written invitation to take over the performance or a reasoned refusal to do so.

12.12 Handling of the complaint

Once the method of handling the complaint has been determined, the complaint shall be handled immediately; in justified cases, the complaint may also be handled later; however, the handling of the complaint shall not take longer than 30 days from the date of the complaint. After the expiry of the period for processing the complaint, the buyer has the right to withdraw from the contract or to have the product replaced with a new product. The settlement of the complaint shall be without prejudice to the buyer's right to compensation for damages under a special regulation.

12.13 Confirmation of the complaint

Seller shall issue a confirmation to the Buyer when a claim is made. If it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the proof of the complaint.

12.14 Proof of complaint processing

Seller shall issue and deliver to the Buyer a written proof of the complaint no later than 30 days from the date of the complaint.

12.15 Complaints register

Seller shall keep a record of complaints and make it available for inspection upon request by the supervisory authority. The complaint register shall contain information on the date of the complaint, the date and manner of handling the complaint and the serial number of the complaint document.

12.16 Complaint Procedure shall be available in a prominent place accessible to the Buyer

 
 
 
 
 
 
 
 
 
 
 
 
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