95% of goods in stock
We are constantly replenishing our stock and expanding our range of goods. Therefore, we guarantee our customers most of the ordered goods in stock.
Terms and Conditions
These general terms and conditions (hereinafter referred to as “General Terms and Conditions“) apply to contracts concluded through the Bafishop online store, located on the web interface https://www.bafishop.cz/ (hereinafter referred to as “web interface“) between our company
CosmoNail s.r.o.
Pavla Švandy ze Semčic 1068/13, 150 00 Prague 5
ID: 07437528
VAT: CZ07437528
registered in the Commercial Register of the Municipal Court in Prague, C 300996/MSPH
Delivery address: Bafishop, Radlická 2018/78, 150 00 Praha 5.
Phone: +420 777 977 502
Contact e-mail: info@bafishop.cz
as salesman.
and you as buyer.
1. INTRODUCTORY PROVISIONS
These terms and conditions regulate, in accordance with the provisions of Article 1751 paragraph 1 of Act 89/2012 of the Civil Code, the reciprocal rights and obligations arising in connection with or on the basis of the purchase contract concluded between the seller and the buyer through the seller’s online store. The online store is operated by the Seller on the website located at www.bafishop.cz.
By entering into the Purchase Agreement, you accept these General Terms and Conditions, the Claims Policy and the Web Interface Terms of Use, where the Claims Policy and the Web Interface Terms of Use form an integral part of these General Terms and Conditions, and you confirm that you are duly and sufficiently aware of them.
Provisions deviating from these conditions may be agreed in the purchase contract. Deviating provisions of the purchase contract shall prevail over the provisions of these general terms and conditions.
Under the purchase agreement, we agree to deliver to you the goods specified in the order, and you agree to accept delivery of those goods (either in person or via carrier) and to pay us the purchase price specified in the order. The purchase price (or simply the “price“) includes the cost of delivery of the goods and any charges associated with your chosen method of payment. The amount of these charges will always be communicated to you prior to the binding shipment of your order.
You acquire ownership of the goods by paying the full purchase price, but not before taking possession of the goods.
1.1. Does the contract of sale only apply to the goods?
By Purchase Contract (or simply “Contract“) is meant herein any contract concluded in accordance with these General Conditions. This may include, for example, a contract for the provision of services.
1.2. Is a sales contract a consumer contract?
It is a consumer contract if you are a consumer, i.e. if you are a natural person and you purchase goods outside the scope of your business activity or outside the scope of the independent exercise of your profession. Otherwise, it is not a consumer contract and you are not covered by consumer protection under the law and these terms and conditions. In particular, as a non-consumer, you are not entitled to withdraw from the contract without giving any reason.
1.3. What are your consumer rights?
As a consumer, yes:
– the right to withdraw from a contract concluded by remote means of communication, such as e-mail or online store (Article 5 of these General Conditions);
– Right to be informed before entering into a contract (the information is contained in these terms and conditions or on the web interface);
– the right to out-of-court settlement of a consumer dispute arising from the contract (Article 7.3 of these General Conditions).
1.4. What governs our legal relationship?.
Our legal relationship is governed by the following documents:
– these terms and conditions define and specify our mutual rights and obligations;
– Claim Policy, according to which we will proceed to claim the goods;
– Conditions of use of the Web Interface, which regulate the registration on the Web Interface, the protection of your personal data, the protection of the content of the Web Interface and some other relations related to the use of the Web Interface;
– the terms and conditions and instructions contained in the web interface, in particular when concluding the contract;
– order and its acceptance by us,
and in what is not foreseen therein also by the following legal provisions:
– Act No. 89/2012 Coll. the Civil Code, as amended (hereinafter referred to as the “Civil Code“);
– Law No. 634/1992 on Consumer Protection, as amended (only if you are a consumer).
1.5. How do you accept the Terms and Conditions?.
By submitting your order and also by confirming it on the web interface, you confirm that you have read and accept these conditions.
We may change or modify the wording of the Terms and Conditions. Your rights and obligations will always be governed by the wording of the Terms and Conditions under which they arose.
2. PURCHASE AGREEMENT
2.1. How do we conclude the sales contract?
The web interface provides a list of goods with a description of the main characteristics of each item. For each item, the price is indicated, including all taxes, duties and fees.The presentation of the goods is informative and does not constitute our proposal for the conclusion of a contract within the meaning of Article 1732 (2) of the Civil Code. In order to conclude a contract, it is necessary that you have submitted an order and that there has been an acceptance of this order by us. The purchase contract is therefore concluded at the moment you receive the acceptance of the order by us..
2.2. How to order?
You can always place an order through the web interface (by filling out the form), or by phone, email or any other way we allow according to the current information on the web interface.
The order must contain all the information prescribed in the form, in particular the exact designation of the goods ordered (or the numerical designation of the goods), the number of pieces, the chosen method of payment and transport and your contact details (delivery and invoicing, if applicable).
Before the binding dispatch of your order, you will be provided with a recapitulation of your order including the final price (depending on the chosen shipping and payment method). We recommend you to check especially the type and quantity of items, e-mail and delivery address.In the recap you have the last possibility to modify the entered data.
You can place a binding order by clicking the “Continue” button.The data provided in the binding order are deemed to be correct and complete. Please inform us immediately by telephone or e-mail if you change them.
We will inform you about the receipt of your order. Information (confirmation) about the receipt of the order is sent automatically and does not constitute acceptance of the order by us, unless explicitly stated in the confirmation.Upon receipt of the order, we will send you an e-mail in which we will invite you to evaluate the purchased products.
If we have doubts about the authenticity and seriousness of an order, we may contact you to verify it. We may refuse an unverified order. In that case, the order will be treated as if it had not been placed.
2.3. When is the contract concluded?
The purchase contract is perfected at the moment you receive the acceptance of the order from us. The acceptance of your order will be sent to the e-mail address you have indicated in your order. If you do not receive the order acceptance, the contract will be concluded at the moment you pay the total purchase price or receive the ordered goods (whichever comes first). Acceptance of the order (acceptance) may form part of the order receipt information under clause 2.2 of these terms and conditions (if expressly stated in the confirmation), or may follow separately from the confirmation.
In the web interface you will find information on each of the technical steps leading to the conclusion of the contract.
2.4. Can I cancel an order already placed?
You may cancel an order that we have not yet accepted (i.e. that we have not sent you an acceptance of your order in accordance with section 2.3 of these conditions) by telephone or email.All orders accepted by us are binding.< Subsequent cancellation of an order is only possible by agreement with us or for legal reasons. If an order is cancelled in this way for goods that cannot be withdrawn from the contract (see section 5 for details), we are entitled to compensation for the costs we have already incurred in connection with the contract.
2.5. Can the price displayed on the web interface be changed?
The prices of the products presented and the prices for packaging, shipping and delivery remain valid for as long as they appear on the web interface. Discounts on the price of the products are not cumulative with each other, unless explicitly stated otherwise on the web interface.
In the event of a manifest technical error on our part in the price of the goods on the web interface or during the ordering process and this price is clearly disproportionate to the value of the goods, we shall not be obliged to deliver the goods to you at this clearly disproportionate price, even if an acceptance of the order has been sent to you in accordance with these conditions.In such a case, we reserve the right to withdraw from the contract.
If the price indicated for the products in the web interface or during the ordering process is no longer current, we will notify you immediately. If your order has not yet been accepted, we are not obliged to conclude the contract.
A price change that has occurred in the period between the shipment of the order and its acceptance by us in accordance with article <nbsp;< strong=””>2.3< of these general conditions shall not affect the orders shipped.</nbsp;<>.
2.6. Can you get the contract in text form?.
The contract is not concluded in writing with signatures of the contracting parties.The contract consists of these terms and conditions, your order and your acceptance by us. The complete contract will be sent to you by e-mail or, at your request, printed by post. In case of postal delivery, we may ask you to pay the corresponding costs.
2.7. What if you do not understand something in the contract?
If you have any questions about the terms and conditions or the contract, you can contact us by phone or e-mail. We will be happy to provide you with all the necessary information.
3. TERMS OF PAYMENT
The prices of goods and services offered through the Seller’s online store include value added tax and all related fees.
3.1. What methods of payment do we accept?
You can pay the purchase price mainly in the following ways:
– cash on delivery or in person;
– cashless before delivery of goods online with credit card;
– cashless before delivery of goods by transfer to our bank account (instructions will be communicated in the order confirmation).
Additional payment methods are indicated in the web interface.
Some payment methods (in particular cash on delivery) may also incur a fee. These fees are indicated on the web interface. The order will always include the final price, which already includes the fees associated with the chosen payment method.
3.2. When does the purchase price expire?
In case of cash payment, the price is payable upon receipt of the goods. In case of non-cash payment before delivery of the goods, the price shall be payable within five days after receipt of the order, in accordance with clause 2.3.
3.3. In what currency can I pay?
Payment can be made in Czech crowns (CZK).
3.4. When can we require a deposit or payment in advance?
We may require a deposit on the purchase price, especially in the case of orders with a total price over 200 EUR.
In addition, we are entitled to ask you to pay the full price for the goods before shipment or delivery (Section 2119 (1) of the Civil Code does not apply).
4. SUPPLY CONDITIONS
4.1. How do we ship the goods?
Delivery methods are listed in the web interface. You can choose the specific delivery method in the order. If you do not select a delivery method, we can determine it.
4.2. What is the delivery cost of the goods?
The cost of delivery always depends on the size and nature of the goods and the price list of the carrier chosen.
The final price will always be indicated in the order, which already includes the cost of the chosen shipping method.
4.3. When will we deliver the goods?
The delivery time always depends on the availability of the goods and the chosen method of transport and payment.
In general, products in stock will be delivered to the carrier within one working day of receipt of the order (in case of cash on delivery or personal pick-up), or when payment is credited to our account (in case of cashless payment).
Goods not in stock will be sent to the carrier as soon as possible. We will inform you of the exact date.
Under these terms and conditions, delivery of the goods shall be deemed to take place at the time when they are delivered to you. If you unreasonably refuse to accept delivery of the goods, this shall not be deemed to be a breach by us of delivery of the goods or a termination of the contract by you.
4.4. How to proceed when taking over the goods?
Check the integrity of the packaging of the goods upon receipt. If you find any defect, immediately inform the carrier and us. If you refuse to accept a shipment with damaged packaging, it will not be considered an unjustified refusal of the goods.
From the moment you receive the goods (or from the moment you were obliged to receive the goods but failed to do so in breach of contract), liability for accidental destruction, damage or loss of the goods passes to you.
4.5. What happens if you do not receive the goods?
If, for reasons on your part, it is necessary to deliver the goods repeatedly or differently than agreed, you are obliged to pay the costs associated with such delivery.
In the event that you do not accept delivery of the goods without reason, we shall be entitled to compensation for the costs of delivery and storage of the goods, as well as for other costs incurred by us due to the non-acceptance of the goods. These costs shall not exceed 4 EUR for each day of storage. The storage costs may amount to a maximum total of 20 EUR or to the purchase price if this is less than 20 EUR.
In such a case, we are also entitled to terminate the contract.
5. CANCELLATION OF THE PURCHASE AGREEMENT
5.1. How can you terminate the contract?
If you are a consumer and the purchase contract is concluded by means of distance communication (in an online store), you may withdraw from the purchase contract within 14 days from the date of receipt of the goods; if the delivery is divided into several parts, from the date of receipt of the last delivery. You must send the notice of withdrawal from the purchase contract within the specified period to our delivery address or to our e-mail address. You can use the withdrawal form to withdraw from the contract. We will acknowledge receipt of the notification without undue delay.
You do not have to give any reason for terminating the contract.
5.2. What are the consequences of termination of the contract?
The withdrawal from the contract cancels it from the beginning and shall be considered as if it had not been concluded.
If a gift has been delivered to you together with the goods with your consent, the gift contract shall cease to have effect in the event of withdrawal by either party. You must return the gift to us together with the returned goods.
5.3. When can the contract not be withdrawn?
In accordance with article 1837 of the Civil Code, the following contracts, among others, may not be withdrawn:.
– in the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery;
-The delivery of goods in sealed containers that you have removed from the packaging and cannot be returned for hygienic reasons.
5.4. How will you return the goods to us?
You are obliged to return the goods to us within 14 days of the cancellation of the contract to our delivery address.Do not send goods cash on delivery. We are not obliged to accept goods sent cash on delivery.
We recommend that you enclose the following with the returned merchandise:
– a copy of the delivery note and invoice, if these documents have been issued, or other proof of purchase of the goods;
– written declaration of withdrawal (on our form or otherwise) and the chosen method of refund (bank transfer, personal cash collection or money order or otherwise). Please include in your declaration your delivery address, telephone number and e-mail address.
We inform you that by withdrawing from the contract in accordance with the law, you are liable for the diminished value of the goods due to the handling of the goods other than what is necessary to become familiar with the nature, characteristics and functionality of the goods.
5.5. When will you get your money back?.
We will refund the money received within 14 days from the date of withdrawal. However, please note that we are not obliged to refund you until you have returned the goods to us or provided us with proof that you have sent them to us.
We will refund your money:
– in the same form in which we received them, or
– in any other way, provided that you accept it and do not incur additional costs in this way
In addition to the above methods, we can always reimburse you by sending the money to the bank account you have provided to us or to the account from which the funds were transferred to pay the purchase price. By accepting these terms and conditions, you agree to the remittance of funds in accordance with the previous sentence, provided that you do not incur any additional charges in this way.
You are responsible for the costs associated with shipping returned goods to our address, even if the goods cannot be returned due to their nature by the usual postal route.
5.6. When can we terminate the sales contract?
We reserve the right to terminate the contract in the following cases:
– a technical error resulted in a price on the web interface clearly disproportionate to the value of the goods (Article 2.5 of these General Conditions);
– the goods cannot be delivered in the original condition for objective reasons (mainly because the goods are no longer manufactured, the supplier has ceased deliveries in the Czech Republic, etc.);
– performance becomes objectively impossible or unlawful.
In the event of any of the above-mentioned events, we will immediately inform you of our withdrawal from the contract. The withdrawal shall be effective against you as soon as it is delivered to you.
If you have already paid the purchase price in full or in part, we will reimburse you the amount received without cash to the account you have provided for this purpose or from which you have made the payment. We will reimburse you within five days of the cancellation of the purchase contract.
6. RIGHT OF.
Your rights arising from defective performance are governed by the applicable generally binding statutory provisions (in particular §§ 1914 to 1925, § 2099 to 2117 and § 2158 to 2174 of the Civil Code).
We will proceed in accordance with our Claims Procedure when claiming claims for defective performance.< Before submitting a claim, please familiarize yourself thoroughly with the Claims Procedure so that the claim can be resolved as quickly as possible and to your satisfaction.
7. FINAL PROVISIONS
7.1. What permissions do we have to carry out our activities and who controls us in doing so?
We are authorized to sell goods under a business license. Our business is not subject to any other authorization.
Trade control is carried out within the scope of its competences by the competent trade licensing authority. The Czech Trade Inspection Authority (http://www.coi.cz/) checks compliance with legislation on technical requirements for goods and the safety of goods. The Czech Trade Inspection Authority also checks compliance with consumer protection regulations. Consumer rights are also defended by consumer protection associations and other consumer protection bodies.
7.2. How do we handle complaints?
We handle any complaint through our contact email. We are not subject to any code of conduct in relation to our customers, nor do we adhere to any such code.
7.3. What rights do you have when a consumer dispute arises?
If you are a consumer and a dispute arises between us under a contract that we cannot settle directly, you have the right to address this dispute to the Czech Trade Inspectorate (http://www.coi.cz/) for the purpose of out-of-court settlement of a consumer dispute.You may submit a proposal to initiate settlement of a consumer dispute within 1 year from the date you first exercised the right that is the subject of this consumer dispute with us.
7.4. What else you should know?.
When concluding a contract, you use remote means of communication (in particular the Internet). You are responsible for the costs you incur when using remote means of communication (in particular, the cost of the Internet connection or telephone calls).These costs do not differ from the normal rate.
Unless otherwise agreed, all correspondence relating to the contract between us shall be in writing, either by e-mail, registered mail or personal delivery. For our part, we will send it to you at the e-mail address specified in the order or in your user account.
In accordance with Law 185/2001 on Waste, as amended, we offer you free take-back of goods purchased by you that are electrical equipment by nature (hereinafter referred to as “recovery“). The take-back can be carried out by delivering the used electrical equipment to our contact address. Please contact us in advance before delivering your used electrical equipment.
In the event that any provision of these Terms and Conditions is (or becomes) invalid, ineffective or unenforceable, the provision that most closely resembles the invalid, ineffective or unenforceable provision shall apply in its place. The invalidity, ineffectiveness or unenforceability of any provision shall not affect the validity of the other provisions.Amendment or modification of the contract (including terms and conditions) in writing only.
The Seller fulfills its information obligation vis-à-vis the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter, the “GDPR”), in connection with the processing of the Buyer’s personal data for the purpose of execution of the Purchase Agreement, for the purpose of negotiations of this Agreement and for the purpose of the Seller’s public law obligations, by a special document “Terms of use of the web interface” located in the footer of the website www.bafishop.cz.
The following documents are an integral part of these conditions: Advertising rules, Terms of use of the web interface and Delivery and payment..
The Seller may amend or supplement the wording of these General Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
These terms and conditions shall be valid and effective as of June 1, 2022.
Claim procedure
This Complaints Procedure regulates the method and conditions for claiming defects in goods purchased through our company’s Bafishop online store.
Failure to complete the application form correctly may result in a delay in the processing of the application.
CosmoNail s.r.o.
Pavla Švandy ze Semčic 1068/13, 150 00 Prague 5
ID: 07437528
VAT: CZ07437528
registered in the Commercial Register of the Municipal Court in Prague, C 300996/MSPH
Delivery address:Bafishop, Radlická 2018/78, 150 00 Praha 5
Telephone: +420 777 977 502
Contact e-mail: info@bafishop.cz
1. General Provisions
The Complaints Procedure has been prepared in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”) and Act No. 634/1992 Coll. on Consumer Protection, as amended.
The Complaint Procedure forms an integral part of the General Conditions. By concluding the Purchase Contract, the Buyer accepts the General Conditions and this Complaint Procedure and confirms that he is familiar with them.
If the buyer is a consumer, i.e. a natural person who purchases goods outside the scope of his business activity or outside the scope of the independent exercise of his profession, it is a consumer contract. Otherwise, it is not a consumer contract and the buyer is not subject to consumer protection under the relevant legislation, the General Terms and Conditions and this Complaints Regulation.
What defects are we responsible for?
As seller, we are responsible for the goods being free of defects at the time of receipt. This means that the goods upon receipt, in particular:
– has characteristics that have been agreed between us, that we describe, or that you might have expected in view of the nature of the goods and on the basis of the advertising;
– is in the right quantity, size or weight;
– meets the requirements of the legislation;
– the goods are fit for the purpose we declare or for which the goods purchased are customarily used;
– the situation in which we deliver a different product than the one agreed between us is also considered a defect in the goods;
– corresponds to the quality agreed between us, or to the quality stipulated by the applicable legislation in force for the type of goods;
– has no legal defects, i.e. the goods have no property rights of the 3rd person and the goods are equipped with the documents and documents necessary for the proper use of the goods.
In addition, we are liable to consumers that these defects do not occur within the warranty period.If you are not a consumer, you are not provided with the statutory warranty period in accordance with Article 2..
Article 2 only applies to consumers.
We do not offer any quality guarantee beyond the statutory warranty period for consumers.
The goods are accompanied by a tax document and, in the case of some products, a warranty certificate. If the warranty card is not attached to the goods, the tax document is used to file a claim.
If you are an entrepreneur, the claims for defective performance are only based on the defect that the goods had when the risk of damage to the goods was transferred, even if it only manifests itself later. In the event that the defect arises in connection with a breach of one of our obligations, you shall be entitled to claims for defective performance even in such a case.
Differences in color shades in reality and in electronic display devices cannot be considered a defect of the goods. If the goods do not correspond to your idea, if you are a consumer, you have the right to withdraw from the contract within 14 days from receipt of the goods, in accordance with Article 5 of the General Terms and Conditions..
If you are a consumer and the defect in the goods becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt.
What is the warranty period?
For unused consumer goods, the warranty period is twenty-four months from receipt of the good, unless a longer warranty period is specified on the web interface, in the documents accompanying the good or in advertising.
If the goods have a minimum durability date or, in the case of perishable goods, a period of time during which they can be used, the warranty period lasts until that date.
Please note that if the goods are replaced or repaired, the new goods or the replaced parts and spare parts are not covered by the new warranty period. However, in such a case, the warranty period shall be extended by the period during which you have been unable to use the goods due to the defect, i.e. in particular the period during which the goods are under repair.
4. What rights do you have as a result of the defective performance?
Your rights arising from defective performance are governed by the Civil Code, in particular Articles 2099 to 2117 and, if you are a consumer, also by Articles 2165 to 2174.
1. Whether you are a consumer or a business:
If the defect existed or is deemed to have existed at the time of receipt of the goods, you are entitled to the following rights by virtue of the defective performance.
If the defect in the goods constitutes a material breach of contract, you are entitled to the following rights under defective performance:
(a) remedy the defect by supplying a new item without defect or by supplying a missing item;
b) elimination of the defect by repairing the item;
c) a reasonable discount on the purchase price; or
d) termination of the contract.
In the event of a material breach of contract, inform us of the right to which you are entitled in the event of a defect or without undue delay after notification of the defect. Please note that if you fail to do so, you will only be entitled to the rights to which you would have been entitled in the event of a non-substantial breach of contract. The choice you have made can only be changed by agreement with us.
If we do not remove the defect within a reasonable time, you may request a reasonable discount on the purchase price in lieu of removing the defect, or you may terminate the contract.
If the defect of the goods is a insignificant breach of contract, you can claim:
(a) removal of the defect; or
b) a reasonable discount on the purchase price.
If we do not remedy the defect in time or refuse to do so, you may claim a discount on the purchase price or you may withdraw from the contract. The choice made can only be changed in agreement with us.
Please note that, as long as you do not exercise your right to a discount on the purchase price or withdraw from the contract, we are entitled to supply you with the missing goods or to remedy the legal defect (in particular, to supply you with the missing documents).
You may not request replacement of the goods or rescission of the contract if you are unable to return the item in the condition in which you received it. This does not apply if:
a) a change in condition has occurred as a result of an inspection for the purpose of detecting a defect in the item;
b) you used the item before the defect was discovered;
c) you have not caused the inability to return the item in its unaltered condition by act or omission; or
(d) you sold the item before the defect was discovered, consumed it or altered it in normal use; if this occurred only in part, you must return to us what you can still return and compensate us to the extent that you have benefited from the use of the item.
Please note that if you fail to notify the defect in time, you will lose the right to terminate the contract.
Only if you are a consumer:
If a defect occurs in the consumer good within the warranty period of up to 12 months, you are entitled to the following rights by virtue of the defective performance:
a) is entitled to exchange the goods in case:
– the goods lose any of the characteristics listed in Article 1 of the Claims Procedure during the warranty period and it is not unreasonable due to the nature of the defect;
– the defect is immovable;
– there is a higher number of defects in the goods.
You may not request the replacement of the goods if the replacement is disproportionate to the nature of the defect. In such a case, you are entitled to have the defect rectified free of charge.
You are not entitled to exchange the goods even in cases where only part of the goods are defective.
You may not request an exchange for products sold at a lower price. Instead, you can ask for a reasonable discount.
b) is entitled to replace the defective part of the goods if:
– only one part (component) of the goods is defective;
– the defect is immovable;
– there is a higher number of defects in the goods.
c) is entitled to a reasonable discount from the purchase price in case that
– you do not choose the right to rescind the contract, replace the defective goods or part of the goods or repair the goods;
– we are unable to replace or repair the goods or any part thereof (e.g. the goods are no longer manufactured);
– we do not process the correction within a reasonable period of time, or when it is very difficult for you to process the correction; or
– the item has a defect for which we are responsible and it is an item sold at a lower price.
d) has the right to terminate the contract in the event that
– the defet is immovable;
– cannot use the goods properly because of the defect reappearing after repair;
– there is a higher number of defects in the goods;
– we are unable to replace or repair the goods (e.g., the goods are no longer manufactured); or
- It is not possible to exchange defective goods or part of the goods for others without defects.
5. When can defective performance rights not be exercised?
You are not entitled to rights of defective performance if:
- I was aware of the defect before receiving the item;
– you caused the defect;
– the warranty period has expired.
Warranty and liability claims do not apply to:
– wear and tear of the goods caused by normal use (wear and tear is also considered the reduction in capacity of batteries and accumulators);
– items sold at a lower price – only in relation to the defect for which the lower price was agreed;
– if deduced from the nature of the case.
6. How to file a complaint?
Please submit a complaint to our company (or to a person named as a person designated for repair in the certificate of the duration of the rights to the defective performance – the warranty certificate) without undue delay from the discovery of the defect. In accordance with the Consumer Protection Act, we accept complaints:
– for a person listed in the confirmation of the duration of the rights of defective performance – warranty certificate as a person designated for repair.
For the fastest possible resolution of the claim, we recommend that you contact our workshop/repair person.
Recommended complaint procedure:
– for faster processing, you can inform us of the claim in advance by phone, e-mail or in writing;
– at the same time, it is advisable that you inform us about which right you have chosen from the defective performance, i.e. whether you are interested in repair of the item, replacement of the goods or its components, rescission of the contract, a discount on the purchase price, or other rights in accordance with this Complaints Procedure and the Civil Code;
To facilitate the procedure, it is advisable to attach a proof of purchase of the goods or a tax document – invoice, if issued, or other document evidencing the purchase of the goods, together with a description of the defect and a proposed resolution of the claim..
The time to file a claim is the time when we are notified of the existence of a defect and the right to claim liability for defects in the item sold.
We process complaints received immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including elimination of the defect, will be processed without undue delay, at the latest within 30 days from the date of the complaint, unless a longer period is agreed.
The deadline for the resolution of the complaint begins the day after the complaint is filed.
When you submit a claim, we will send you written confirmation of when you exercised the right, what the content of the claim is, and what method of claim settlement you require; and in addition (after the claim has been settled) we will send you confirmation of the date and method of claim settlement, including confirmation of the remedy and the duration of the remedy, or written justification for denial of the claim.
In accordance with the Civil Code, you are entitled to reimbursement of expenses reasonably incurred by you in claiming the goods. Please note that the right to reimbursement of these expenses must be exercised within one month from the expiry of the period within which the defect must be claimed.