of the business company Bobovka s.r.o.
Company ID: 06931359, tax ID CZ06931359 with its registered office at Prosecká 906/34b, 190 00 Prague 9 – Vysočany, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 291562 (hereinafter referred to as the “Seller”)
1.1. In accordance with the provisions of Section 13 of Act. No. 634/1992 Coll., on consumer protection, and Act. No. 89/2012 Coll., the Civil Code, as amended, the Seller hereby informs the consumer of the scope, conditions and manner of exercising the right from defective performance (hereinafter “complaint”), together with information on where the complaint can be made.
SCOPE OF THE RIGHT FROM DEFECTIVE PERFORMANCE
2.1. The Seller is responsible to the buyer that the item has no defects upon receipt, especially that at the time when the buyer took over the item:
the item has the characteristics agreed upon by the parties and, in the absence of an agreement, those characteristics which the seller or manufacturer has described or which the buyer expected with regard to the nature of the goods and on the basis of the advertising made by them,
the item is suitable for the purpose stated by the seller for its use or for which an item of this kind is usually used,
the item corresponds in terms of quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
is an item in the appropriate quantity, measure or weight
the matter complies with the requirements of the legislation.
2.2. If a defect appears in the packaging of the goods during the warranty period, or in accordance with § 619 – 627 of the Civil Code within 8 days of sale, it is considered that the item was defective upon receipt.
2.3. The right from defective performance does not fall to the buyer if the buyer knew before taking over the item that the item has a defect, or if the buyer caused the defect itself.
DEADLINE FOR APPLYING THE RIGHT
3.1. The buyer is entitled to exercise the right to a defect that occurs in consumer goods during the warranty period declared on the packaging of the goods, or in accordance with § 619 – 627 of the Civil Code, within 8 days of sale.
3.2. The provisions of paragraph 3.1. do not apply to an item sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by its normal use, to a used item for a defect corresponding to the degree of use or wear that the item had when taken over by the buyer, or if it follows from the nature of the matter.
RIGHTS FROM DEFECTIVE PERFORMANCE
4.1. If the item has defects and if the defect can be removed without undue delay, the buyer has the right to free removal of the defect.
4.2. If the item has defects, the buyer may also request the delivery of a new item without defects, if this is not disproportionate due to the nature of the defect, i.e., especially if the defect is irreparable. If the defect concerns only a part of the item, the buyer can only request the replacement of that part; if this is not possible, it may withdraw from the contract.
4.3. The buyer has the right to have a new item deliver or a part replaced even in the case of a remediable defect if it cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer has the right to withdraw from the contract.
4.4. If the buyer does not withdraw from the contract or if it does not exercise the right to have a new item delivered without defects, to have a part replaced or the item repaired, it may request a reasonable discount. The buyer is entitled to a reasonable discount even if the Seller cannot deliver a new item without defects, replace a part or repair the item, or if the seller does not seek redress within a reasonable time or if arranging a remedy would cause considerable difficulties for the buyer.
4.5. If the item has a defect from which the seller is obliged, and if the item is sold at a lower price or is a used item, the buyer is entitled to a reasonable discount instead of the right to exchange the item.
EXERCISE OF THE RIGHT FROM DEFECTIVE PERFORMANCE (COMPLAINTS)
5.1. Complaints can be made at Bobovka s.r.o., Prosecká 906 / 34b, 190 00 Prague 9 – Vysočany.
5.2. For the purposes of deciding on a complaint, it is necessary that the claimed goods be handed over to the Seller for assessment. The buyer is obliged to prove to the Seller that it bought the item from the Seller.
5.3. The Seller will issue a written confirmation to the consumer about when the buyer exercised the right, what the content of the complaint is and what method of handling the complaint the buyer requires.
SETTLEMENT OF COMPLAINTS
6.1. The Seller or an employee authorized by it will decide on the complaint immediately, in complex cases within five working days. This period does not include the required time appropriate for the type of product or service for professional assessment of the defect. Complaints, including the elimination of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller agrees with the buyer on a longer period.
6.2. The Seller shall issue to the buyer a written confirmation of when the buyer lodged the complaint, what the content of the complaint is and what method of handling the complaint the buyer requires; and confirmation of the date and manner of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.
These Rules shall enter into force and effect on 1.5.2021.