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    Terms and conditions

    nanoSPACE s.r.o.

    Company ID: 291 61 215, VAT ID: CZ29161215

    Rohova 98, Dolejší Předměstí, 344 01 Domažlice

    registered in the Commercial Register administered by Regional Court in Plzeň, section C, insert 27909

    e-mail: info@nanoSPACE.cz

    www.nanospace.store

     

    General Terms and Conditions

    I. Introductory provisions

    • These General Terms and Conditions (hereinafter as GTC) regulate the legal relationship between nanoSPACE s.r.o., company ID: 291 61 215, with the registered office at Rohova 98, Dolejší Předměstí, 344 01 Domažlice, Czech Republic, registered in the Commercial Register administered by Regional Court in Plzeň, section C, insert 27909 (hereinafter as the Seller) and the Buyers concerning the sale of the Goods as defined below.
    • These GTC regulate the rights and obligations of the Seller and the Buyer under the Purchase Contract concluded through the E-shop and are an integral part of the Purchase Contract. The Buyer declares that before concluding the Purchase Contract he/she has familiarized himself/herself with the contents of the Terms and Conditions and that he/she accepts them without reservation. In all cases not regulated by the GTC, the contractual relationship shall be governed by the respective provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the Civil Code), as well as related regulations.

    II. Definitions

    For the purpose of these GTC, capitalised terms shall have the following meaning:

    1. E-shop – the Seller's web portal located at the Internet address www.nanospace.cz through which the purchase and sale of the Seller's Goods is mediated; the operator of the Internet shop is the Seller. The Purchase Contract and the legal relations related thereto are governed by the provisions of the Civil Code, in particular the provisions of § 2079 et seq.1. E-shop – the Seller's web portal located at the Internet address www.nanospace.cz through which the purchase and sale of the Seller's Goods is mediated; the operator of the Internet shop is the Seller. The Purchase Contract and the legal relations related thereto are governed by the provisions of the Civil Code, in particular the provisions of § 2079 et seq.
    2. Purchase Price – a monetary amount expressed in Czech crowns representing the consideration for the sale and delivery of the Goods. The Purchase Price is set out in the E-shop offer for the Goods, excluding VAT. In addition, the costs of shipping the Goods or fees associated with the selected payment method may be added to the Purchase Price. In the Purchase Contract, the Buyer undertakes to pay this Purchase Price to the Seller.
    3. Purchase Contract – a contract concluded between the Seller and the Buyer through the E-shop, the subject of which is the delivery of the Goods for the Purchase Price. The Purchase Contract between the Buyer and the Seller is concluded by the acceptance of the Buyer's order by the Seller when selling the Goods in the Seller's E-shop. The Purchase Contract is concluded if the Seller, after receiving the Buyer's order, confirms this order to the Buyer by means of a confirmation email. Mere inaction by the Seller does not constitute acceptance of the order. The Purchase Contract is concluded by a binding confirmation of the order by the Seller. The provisions of Section 1732 (2) of the Civil Code shall not apply. By sending the order, the Buyer confirms that he has read these GTC and agrees to them. The validity of the order is subject to the completion of all the data required by the order form.
    4. Buyer – a natural person or a legal entity who enters into a Purchase Contract with the Seller, the subject of which is the delivery of Goods. The Buyer may be a Consumer or a Business.
    5. Place of delivery – the place that the Buyer indicates at the conclusion of the Purchase Contract as the place where the Seller is to ship the Subject of Sale, which is specified by the following data: municipality, street, descriptive number or orientation number, if assigned, and postal code.
    6. Business – a person who independently carries out, on his own account and responsibility, a profit-oriented activity in a trade or similar manner with the intention of doing so consistently for the purpose of making a profit. Any person who enters into contracts related to his own business, manufacturing or similar activity or in the independent exercise of his profession, or any person who acts on behalf of or on behalf of the Business shall also be deemed to be a Business under the conditions set out in the Civil Code. For the purposes of these GTC, a Business means a person who acts in accordance with the preceding sentence in the course of his business activity.
    7. Subject of Sale – Goods selected by the Buyer from the Seller's offer, which the Buyer buys under the Purchase Contract.
    8. Consumer – a person who purchases Goods or otherwise deals with the Seller outside the scope of his business activity or outside the scope of his independent exercise of his profession. In the event that the Purchase Contract is concluded between the Seller and the Consumer, this Purchase Contract and the legal relations related thereto shall be governed in addition by the provisions of Section 1810 et seq. of the Civil Code on obligations under contracts concluded with consumers and Act No. 634/1992 Coll. on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act").
    9. Goods – a movable item that is offered for purchase in the E-shop. Individual movable items are always marked with their name in the offer of the Internet Shop and are depicted in a photograph. Such photo is illustrative. For each Goods, a more detailed specification is also provided.

     

    III.    Order of goods and Purchase Contract

    1. Under the Purchase Contract, the Seller undertakes to hand over the Subject of Sale to the Buyer and enable him to assume ownership of it, and the Buyer undertakes to take over the Subject of Sale and pay the Purchase Price to the Seller.1. Under the Purchase Contract, the Seller undertakes to hand over the Subject of Sale to the Buyer and enable him to assume ownership of it, and the Buyer undertakes to take over the Subject of Sale and pay the Purchase Price to the Seller.
    2. The offer of the Goods and the prices listed in the E-shop, as well as verbal, telephone or information obtained through advertising leaflets, press, electronic mail or the Internet, relating to the Purchase Price of the Goods, are only indicative and such information shall not be considered as a proposal to conclude a contract.
    3. The Seller does not guarantee immediate availability of the entire range of the Goods. Information on the current availability of the Goods is provided in the E-shop.
    4. In the case of concluding the Purchase Contract via the E-shop, the process of concluding the Purchase Contract consists of the following stages:
    5. The Buyer chooses the Goods he is interested in purchasing from the Goods offered in the E-shop. The Buyer confirms the selection of the Goods by clicking on the "Add to Cart" link;
    6. By clicking on the offer in the main menu marked with a shopping cart icon, the Buyer will be presented with an order form, in which the Buyer shall fill in the data in order to conclude the Purchase Contract.
    7. Confirmation of the completed order form will generate an order, which includes these GTC, which the Buyer is obliged to read. If the Buyer agrees with all the information in the order and with the wording of these GTC, the Buyer accepts the order by clicking on the "Submit Order" button.
    8. The Purchase Contract is concluded if the Seller, after receiving the Buyer's order, confirms the order to the Buyer via a confirmation email. Mere inaction of the Seller does not imply acceptance of the order. The Purchase Contract is concluded by a binding confirmation of the order by the Seller. The provisions of Section 1732 (2) of the Civil Code shall not apply.
    9. By submitting an order, the Buyer confirms that he has read these GTC and agrees to them. The validity of the order is subject to the completion of all the data required by the order form.
    10. The Seller shall have the right to withdraw from the Purchase Contract for any reason or no reason until the Subject of Sale is shipped to the Buyer. The Seller's legal action consisting in notifying the Buyer that the Seller cannot deliver the Goods ordered by the Buyer shall also be considered as withdrawal from the Purchase Contract.
    11. The Seller shall be entitled to refuse the order if due to stock out or unavailability of the Goods (actual impossibility of performance) it is not possible to deliver the ordered Goods to the Buyer. The Buyer shall be informed of the cancellation of the order by telephone or by e-mail.
    12. The Seller may, at its discretion, ask the Buyer for additional order confirmation (for example, in writing or by telephone).
    13. n the event of cancellation of the order or withdrawal from the Purchase Contract by the Seller for any reason, the Seller shall return any payment to the Buyer.
    14. The purchase price of the Subject of Sale is final including VAT and it includes all related fees, except for any bank charges related to the payment method chosen by the Buyer. If the Buyer chooses the delivery of the Subject of Sale by postal or courier services, the Buyer shall also pay the postage and packing costs according to the respective rate. The Buyer shall be informed of the amount of postage and packing before confirming the order and this amount shall be added to the Purchase Price.
    15. The Buyer acknowledges that the Seller is, at its discretion, entitled to determine the minimum quantity of Goods that the Buyer must buy. This information will always be indicated in the E-shop with the offer of the respective Goods.

     

    IV. Delivery terms

    1. The place of delivery of the Subject of Sale is the address specified by the Buyer in the order or registration form. The Seller shall fulfil its obligation to deliver the Subject of Sale to the Buyer at the moment of handing over the Subject of Sale to a third party ensuring its delivery to the Buyer.
    2. The Buyer is obliged to accept the delivered Subject of Sale, unless otherwise provided in these GTC. Should the Buyer fail to accept the ordered and duly delivered Subject of Sale, the Seller shall be entitled to withdraw from the Purchase Contract. In this case, the Buyer is obliged to pay the Seller the costs of sending the Subject of Sale.
    3. In the event that the Buyer chooses delivery of the Goods via the Zásilkovna service, he acknowledges by sending the Order that the delivery of the Goods shall be governed, in addition to these GTC, by the terms and conditions of Zásilkovna s.r.o., company ID: 284 08 306, with the registered office at Lihovarská 1060/12, 190 00 Praha 9, Czech Republic and the collection point selected by the Buyer.
    4. The delivery time is always agreed individually for each Purchase Contract and may vary, inter alia, depending on the method of shipping of the Goods chosen by the Buyer.
    5. If the Seller is unable to meet the date of delivery of the Subject of Sale for any reason (especially if the ordered Goods are not in stock), the Seller shall notify the Buyer accordingly without undue delay by telephone or e-mail and, if necessary, determine an alternative date of delivery of the Subject of Sale. The Seller reserves the right to make earlier deliveries than those specified in the Purchase Contract or the GTC.
    6. The Seller shall be obliged to deliver the ordered Subject of Sale duly and without defects.
    7. Partial performance of the Seller is also considered as a duly fulfilled delivery. The Buyer is obliged to accept even partial performance by the Seller, if it does not contradict the nature of the obligation or the purpose of the Purchase Contract, if this purpose must have been apparent to the Seller and if the Buyer is notified by the Seller via the information in the delivery note at the latest. The Seller shall compensate the Buyer for any cost increase due to partial performance.
    8. If the Buyer accepts the Subject of Sale from a third party carrying out its transport to the Place of Delivery, he is obliged to check the integrity of the packaging of the Subject of Sale, provided that if during the inspection he finds that the packaging is broken or the shipment containing the Subject of Sale is otherwise damaged or deformed, the Buyer is not obliged to accept the shipment containing the Subject of Sale and undertakes to notify the Seller immediately of the reasons for not accepting the Subject of Sale. In such case, the Buyer shall also draw up a report on the damage to the consignment with the carrier or the relevant dispatch point.
    9. The ownership right to the Subject of Sale shall pass from the Seller to the Buyer at the moment of acceptance of the Subject of Sale by the Buyer or full payment of the Purchase Price, whichever comes later

     

    V. Purchase Price of the Goods

    1. The Purchase Price of the Goods listed in the E-shop is non-binding and the binding Purchase Price of the Subject of Sale is agreed only upon conclusion of the respective Purchase Contract. The Purchase Price is subject to the addition of statutory VAT.
    2. The Purchase Price of the Goods does not include the cost of shipping and packaging of the Goods or any insurance.
    3. The Seller reserves the right to change the price list of the Goods.
    4. An environmental fee may be added to electrical and electronic products according to the amendment to Act No. 185/2001 Coll. on Waste and Amendments to Other Acts, as amended, or a fee stipulated by Act No. 121/2000 Coll. on Copyright, on Rights Related to Copyright and on Amendments to Other Acts, as amended.

     

    VI. Payment terms

    1. The Buyer is obliged to pay for the Subject of Sale exclusively in the manner specified in the E-shop. The Seller shall issue to the Buyer a tax document - an invoice with a statement of the agreed Purchase Price. The invoice will be issued after payment of the Purchase Price and sent in electronic form to the Buyer's electronic address together with the delivery of the shipment. The invoice will also be entered into the Buyer's user account, if one has been set up. The invoice shall be deemed paid on the date the amount is credited to the Seller's account or on the date of payment in cash.
    2. Individual payment methods may be subject to a fee, and the Buyer is always informed of the amount of the fee before confirming the respective order.
    3. Unless the parties agree otherwise, the Buyer may not assign any claims against the Seller to a third party.
    4. The Buyer agrees to receiving invoices in electronic form. The Seller sends invoices to the e-mail address provided by the Buyer to the Seller when sending the order.

    VII.  Mutual rights and obligations

    1. The Seller is entitled at its own discretion and without giving any reason to reject the Buyer's order, in particular, but not exclusively, in the event that the Buyer repeatedly fails to properly fulfil its obligations under these GTC.
    2. The Seller shall not be liable for any non-performance or delay in the performance of its obligations if such non-performance or delay is caused by force majeure. Force majeure means any event beyond the Seller's actual control which, due to its nature, could not have been foreseen or prevented even if it could have been foreseen, in particular, but not exclusively, epidemics, strikes, lockout or other labour dispute (involving its own or third party employees), failure of power sources or transmission network, emergency, war, terrorism, insurrection, explosion, fire, flood or similar natural disaster, as well as the result of any other causes beyond the Seller's control. Such circumstances shall not be attributed to the Seller even if it is already in default. Such circumstances shall constitute grounds for postponement of performance of the contractual obligations on the part of the Seller for the duration and to the extent of such circumstances. The same shall apply even if the said circumstances have arisen with regard to the Seller's suppliers or their subcontractors.
    3. The Buyer is particularly obliged to accept the ordered Subject of Sale and to pay the Purchase Price duly and on time.
    4. The Buyer is also obliged to provide correct, complete and truthful information about his person and the delivery address to which the Subject of Sale is to be delivered.
    5. Pursuant to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in case of a technical failure within 48 hours at the latest.

     

    VIII. Claim processing

    1. The Seller's liability for defective performance is governed by the relevant generally binding legal regulations, in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code.
    2. Claims are governed by the Claims Procedure constituting an integral part of these GTC.
    3. The risk of damage passes to the Buyer upon acceptance of the Goods. The same consequence shall apply if the Buyer does not take possession of the goods, although the Seller has allowed him to dispose of them. If the Buyer is to take over the goods from a third party, the risk of damage shall pass to him at the moment when he was able to dispose of the goods, but not earlier than the time specified as the time of performance. If the Seller delivers the item to a carrier for transport to the Buyer, the risk of damage shall pass to the Buyer upon delivery to the first carrier for transport to the Place of Delivery. Damage to the item occurring after the risk of damage to the item has passed to the Buyer shall not affect the Buyer's obligation to pay the Purchase Price, unless the Seller caused such damage by breaching its obligation.
    4. In the case of an accepted claim, the Seller shall only compensate the Buyer for the value of the goods duly claimed.

     IX. Odstoupení od Kupní smlouvy

    1. Prodávající může od Kupní smlouvy odstoupit v případech stanovených občanským zákoníkem a těmito VOP. Kupující je oprávněn odstoupit od Kupní smlouvy pouze v případech stanovených občanským zákoníkem.
    2. Odstoupení od Kupní smlouvy musí být písemné s uvedením důvodu odstoupení a doručeno druhé smluvní straně.

    X. Withdrawal from the Purchase Contract

    1. The Buyer, who is a Consumer, has the right to withdraw from the Purchase Contract concluded through the E-shop within fourteen (14) days of receipt of the Goods without giving any reason.
    2. For the purpose of exercising the right to withdraw from the Purchase Contract, the Buyer must notify the Seller of his withdrawal from the Purchase Contract by unilateral legal action. The Buyer is entitled to, but not obliged to use the withdrawal form.
    3. The Seller shall confirm to the Buyer in text form the acceptance of the legal action representing the withdrawal without undue delay. In the event of the Buyer's withdrawal from the Purchase Contract, the Buyer shall send or hand over to the Seller the Goods received from the Seller without undue delay, but no later than fourteen (14) days after the withdrawal from the Purchase Contract; this period shall be deemed to have been observed if the Buyer sends the Goods to the Seller within this period. All monies for Goods received by the Seller from the Buyer (other than any additional costs incurred in relation to a delivery method chosen by the Buyer which is different from the cheapest standard delivery method offered by the Seller) shall be refunded by the same means of payment used by the Buyer to complete the initial transaction (unless agreed otherwise by the parties) within fourteen (14) days of the cancellation of the Purchase Contract, but not before the Buyer has handed over the Goods to the Seller or proved that he has dispatched them to the Seller.
    4. The Buyer bears the direct costs of returning the Goods, even if the Goods cannot be returned by the usual postal route due to their nature.
    5. The Buyer shall only be liable for any diminution in the value of the Goods as a result of handling the Goods in a manner other than that necessary to become familiar with the nature and characteristics of the Goods, including their functionality.
    6. The Seller is entitled to unilaterally set off the claim for payment for damage to the Goods against the Buyer's claim for reimbursement of the Purchase Price.
    7. The Consumer acknowledges that if the Subject of Sale is comprised of hygienic or protective equipment, the Buyer is entitled to withdraw from the Purchase Contract only if the packaging in which the Goods were delivered has not been opened or broken in any way. Should this prerequisite not be met, the Consumer is not entitled to withdraw from the Purchase Contract for hygienic reasons pursuant to Section 1837(g) of the Civil Code.
    8. The Buyer also acknowledges that according to the provisions of Section 1837 of the Civil Code, the Purchase Contract for the delivery of Goods which have been modified according to the Buyer's wishes or for the Buyer's person, which are perishable and/or Goods which have been irretrievably mixed with other goods after delivery cannot be withdrawn.

     

    XI. Buyer registration and personal data protection

    1. The Seller may require the Buyer's prior registration on this website as a prerequisite for using the services of the E-shop. In order to register, the Buyer shall fill in the registration form with true, correct and complete information about his person. If the E-shop so allows, the Buyer may also order and reserve Goods without registration directly from the E-shop website.1. The Seller may require the Buyer's prior registration on this website as a prerequisite for using the services of the E-shop. In order to register, the Buyer shall fill in the registration form with true, correct and complete information about his person. If the E-shop so allows, the Buyer may also order and reserve Goods without registration directly from the E-shop website.
    2. By confirming the registration, the Buyer agrees to the processing of personal data and sending of commercial communications by the Seller. The terms of processing and protection of personal data are available here.

     

    XII.  User account

    1. Each Buyer is provided with a separate user account as part of the registration on the E-shop website. The Buyer shall use the access data he chooses to access his user account. The Buyer can change the access data at any time after logging into his user account.1. Each Buyer is provided with a separate user account as part of the registration on the E-shop website. The Buyer shall use the access data he chooses to access his user account. The Buyer can change the access data at any time after logging into his user account.
    2. The Buyer's identification data provided in his user account shall be deemed to be the data entered in any order placed by the Buyer after logging into his user account. 
    3. The Buyer shall not provide access data to his/her user account to third parties and shall take all reasonable measures to keep them confidential. The Buyer shall be fully liable for any unauthorised use of his access data or his user account and for any damage caused thereby.
    4. In the event of a loss, theft or other misuse of access data to the user account, the Buyer is obliged to notify the Seller without undue delay. The Seller shall provide the Buyer with new access data within a reasonable period of time.

     

    XIII.Use of the Seller’s website

    1. The Seller has the right to change its website and the E-shop, their technical design and/or user interface. Furthermore, the Seller has the right to restrict or interrupt the functionality of the E-shop or access to it for the time required for maintenance, repair or any other reason.
    2. The Seller is obliged to comply with the legal regulations of the Czech Republic when using the Seller's website and is liable for any damage incurred by the Seller or third parties as a result of the use of this website for reasons on the Buyer's side.
    3. If the Buyer violates these GTC and/or applicable legal regulations in any way, the Seller has the right to cancel the Buyer's user account, even without prior notice.

     

    XIV. Closing provisions

    1. In the event that these GTC, the Purchase Contract or, where applicable, any applicable law, imply an obligation or need for one party to notify or communicate a certain fact to the other party, then this notification or communication may also be made by e-mail, which does not have to be signed with a recognized electronic signature or electronic mark. Such notice or communication shall be deemed to have been given when it reaches the addressee's sphere and the addressee has had an objective opportunity to acquaint himself with the notice or communication.
    2. By concluding the Purchase Contract, the Buyer agrees to the processing of personal data by the Seller. The terms of processing and protection of personal data are available here. 
    3. The Buyer agrees to the use of remote means of communication when concluding the Purchase Agreement. Costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract, in particular, but not exclusively, the cost of the Internet connection shall be borne by the Buyer.
    4. The provisions of the Civil Code relating to consumer protection and the Consumer Protection Act do not apply to Buyers who use the services of the E-shop as Entrepreneurs. If the Buyer provides his identification number in the order, he is deemed to be acting within the scope of his business activity and acknowledges that the applicable consumer protection legislation does not apply to his order.
    5. Any disputes between Buyers who are Consumers and the Seller may be settled out of court. In this case, the Buyer may contact the out-of-court dispute resolution body, which is, for example, the Czech Trade Inspection Authority. More information about out-of-court dispute resolution can be found here. The Buyer-Consumer can also use the online dispute resolution platform set up by the European Commission at: http://ec.europa.eu/consumers/odr/. Before contacting the Czech Trade Inspection Authority or using the platform of the European Commission for the purpose of out-of-court dispute resolution, we recommend Buyers to first contact the Seller at the email address info@nanoSPACE.cz in order to resolve the dispute amicably. If the dispute is not resolved amicably or out of court, it will be submitted to the competent court of the Czech Republic for a decision
    6. The Seller reserves the right to change the Purchase Price of the Goods at any time for any reason or no reason.
    7. The contractual relations arising from these GTC are governed by the law of the Czech Republic, in particular the Civil Code.
    8. The Seller reserves the right to unilaterally change or update these GTC at any time, provided that the Seller publishes the current version of the GTC on the E-shop website without undue delay. In the event of any changes to the E-shop, the Seller shall not be liable for any damage incurred by the Buyer as a result of the Buyer not being aware of the changes due to not using the E-shop regularly.
    9. In the event that any provision of these GTS is found invalid or ineffective for any reason whatsoever, such fact shall not render the remaining sections of these GTC invalid or ineffective.
    10. Buyers can contact the Seller via the following contact details: nanoSPACE s.r.o., company ID: 291 61 215, registered office at Rohova 98, Dolejší Předměstí, 344 01 Domažlice, Czech Republic, tel: +420 377 311 311, e-mail: info@nanoSPACE.cz.
    11. These GTC become valid and effective as of 4 October 2020.

     

    nanoSPACE s.r.o.

    Company ID: 291 61 215, VAT ID: CZ29161215

    Rohova 98, Dolejší Předměstí, 344 01 Domažlice

    registered in the Commercial Register administered by Regional Court in Plzeň, section C, insert 27909

    e-mail: info@nanoSPACE.cz

    www.nanospace.store

     

     

     

     

    Claim Procedure

     

     I. Introduction

    This Claim Procedure sets out the procedure for the application, assessment and settlement of rights from defective performance (hereinafter referred to as "Claim") for Goods delivered to the Buyer by the Seller. The Seller's liability for defects in the Goods shall be governed by this Claim Procedure, the Seller's general terms and conditions and the applicable provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174. 

     

    II. Right to claim defective Goods

    1. The Seller shall be liable to the Buyer that the Subject of Sale is free from defects upon acceptance and that at the time the Buyer accepted the Subject of Sale:
    2. the Subject of Sale has the properties agreed between the parties, and in the absence of agreement, such properties as described by the Seller or the manufacturer or expected by the Buyer with respect to the nature of the Goods and based on the advertisement published by the Seller;
    3. the Subject of Sale is fit for the purpose stated by the Seller or for which an item of this kind is commonly used;
    4. the Subject of Sale corresponds in quality or workmanship to the agreed sample or pattern, if the quality or workmanship was determined according to the agreed sample or pattern;
    5. the quantity, measure or weight of the Subject of Sale is appropriate; and
    6. the Subject of Sale complies with the requirements of legal regulations.
    7. Should a defect become apparent within six months of acceptance, the Subject of Sale shall be assumed to have been defective upon acceptance.
    8. The Buyer shall be entitled to exercise the right to claim for defects that occur in the Consumer Goods within twenty-four (24) months of receipt; however, this shall not apply to:
    9. goods sold at a reduced price for a defect for which a lower Purchase Price has been agreed;
    10. the wear and tear of the Goods caused by their normal use;
    11. for used Goods, for a defect corresponding to the level of use or wear and tear that the Goods had upon receipt by the Buyer; and/or
    12. if implied by the nature of the Goods.
    13. It is a prerequisite for the claim to be made in time. If the Buyer fails to report the defect in time, the Buyer shall lose the right to withdraw from the Purchase Contract. If the Buyer fails to report the defect without undue delay after he could have discovered it during a timely inspection, he shall not be entitled to the right of defective performance. If the defect is a latent defect, the same shall apply if the defect was not notified without undue delay after the Buyer could have discovered it with reasonable diligence, but at the latest within two (2) years after delivery of the goods.
    14. The Buyer has no rights from defective performance in the event of a defect, which he must have detected with the exercise of ordinary care already at the conclusion of the Purchase Contract, or if he knew that the Subject of Sale had a defect or if the Buyer himself caused the defect.
    15. If a defect occurs in the Subject of Sale upon delivery or during the warranty period, the Buyer has the right to exercise the rights of defective performance (claim the defect or defects). A change in the Goods which has occurred during the warranty period as a result of normal wear and tear, improper use, maintenance, force majeure or unauthorised intervention or improper handling contrary to the instructions or guidelines provided to the Buyer upon delivery of the Goods at the latest shall not be deemed a defect.
    16. Claim procedure can be initiated if the claimed Goods are complete (unless incompleteness or other quantitative defects are the subject of the claim).

     

    III. Course of the claim procedure

    1. The Buyer shall submit any claims using the form available in the header of the E-shop (claim record). A claim must contain the following:
    2. order number;
    3. e-mail address of the Buyer;
    4. description of the defect(s) and the quantity (number of pieces) of the defective items;
    5. the choice of the right on the basis of defective performance (the method of settlement of the claim). The Buyer is entitled to request settlement of a claim by various alternative (support) methods;
    6. if applicable, other relevant means of evidence to verify the validity of the claim (photo, etc.).
    7. In the event that the claim record does not contain the above information, the deadline for processing the claim shall be extended by the time until the delivery of additional information to the Seller. The Buyer is obliged to present the Goods to the Seller or a person authorized by the Seller to verify the claimed defects.
    8. The Seller is obliged to immediately assess the complaint and decide on its acceptance or rejection without undue delay, no later than within five (5) days of receipt of the complaint, unless otherwise agreed. If the Supplier rejects the claim, the Supplier shall state the relevant reasons for the rejection. In the event that the decision to settle the claim requires the expertise of the Seller or a third party, the time for settlement of the claim shall be extended to thirty (30) days from the date of the claim.
    9. In the event that a complaint is accepted, the Seller is obliged to immediately settle it in the manner provided for by the Civil Code and this Claim Procedure. If the claimed Goods are returned to the Seller or sent to the Seller or a service company for repair, the Seller shall pay the costs of transportation; the Buyer shall be obliged to complete the defective Goods (unless the incompleteness was not the subject of the claim), and visibly mark the defect or defects, if possible, and pack or otherwise secure the Goods against loss and damage during transportation.

     IV. Assessment of defects of the Goods

    1. Defective performance that is an insubstantial breach of contract (“remediable defects”):
    2. In the event of a defective performance which is an insubstantial breach of contract, the Buyer may, at its option:
    • demand free, timely and proper rectification of the defect (repair, replacement of the defective part with a faultless one) by remedying (remediable) legal defects; or
    • an adequate discount on the purchase price.
    1. As long as the Buyer does not claim the right to a discount on the purchase price or does not withdraw from the contract, the Seller may supply what is missing or remedy the legal defect. The Seller may remedy other defects at his option by repairing the item or by supplying a new item; the choice must not cause unreasonable costs to the Buyer. If the Seller fails or refuses to remedy the defect in a timely manner, the Buyer may demand a reduction in the purchase price or may withdraw from the contract. The Buyer cannot change the choice made without the Seller's consent.
    2. Defective performance that constitutes a material breach of contract (“irremediable defects”):
    3. An irremediable defect is a defect that cannot be properly remedied or can only be remedied at a disproportionate cost, or the appearance, quality or function of the Goods would suffer. An irremediable defect shall always be the delivery of Goods made of materials other than those expressly agreed or otherwise bindingly specified or by a technological process other than that bindingly specified, etc.
    4. If the defective performance is a material breach of contract, the Buyer has the right to:
    • remedy of the defect by supplying a new item without defect or by supplying the missing item; or
    • remedy of the defect by repairing the item; or
    • to adequate discount on the purchase price; or
    • withdrawal from contract.
    1. The Buyer shall inform the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer has requested the repair of a defect that proves to be irreparable. If the Seller fails to remedy the defects within a reasonable period of time or notifies the Buyer that he will not remedy the defects, the Buyer may demand a reasonable discount on the purchase price in lieu of remedy of the defect or may withdraw from the contract. If the Buyer fails to exercise his right in time, he shall have the same rights as in the case of an insubstantial breach of contract.
    2. The Buyer has the right to delivery of a new item or replacement of a part even in case of a removable defect, if the item cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the Buyer also has the right to withdraw from the contract.
    3. Until the defect is remedied, the Buyer does not have to pay a part of the purchase price estimated to be reasonably equivalent to his right to a discount. Upon delivery of a new item, the Buyer shall return the originally delivered item to the Seller at the Seller's expense.
    4. The Buyer may not withdraw from the contract or demand delivery of a new item if he cannot return the item in the condition in which he received it. This does not apply:
    5. if there has been a change in the condition as a result of an inspection to determine a defect in the item;
    6. f the Buyer used the item before the defect was discovered;
    7. if the Buyer has not caused the impossibility of returning the item in its unaltered condition by an act or omission; or
    8. if the Buyer sold the item before the discovery of the defect, consumed it, or altered the item in normal use; if this happened only partially, the Buyer shall return to the Seller what he can still return and shall compensate the Seller to the extent to which he benefited from the use of the item.
    9. If the Subject of Sale consists of hygiene or protective equipment, the Buyer is entitled to withdraw from the Purchase Contract only if the packaging in which the Goods were delivered has not been opened or damaged in any way. If this condition is not fulfilled, the Consumer is not entitled to withdraw from the Purchase Contract for hygienic reasons pursuant to the provisions of Section 1837 (g) of the Civil Code.
    10. Pursuant to the provisions of Section 1837 of the Civil Code, the Purchase Contract for the delivery of Goods which have been modified according to the Buyer's wishes or for the Buyer's person, which are perishable and/or Goods which have been irreversibly mixed with other goods after delivery cannot be withdrawn.

     V. Closing provisions

    1. The Seller shall not be in default if it fails to take the appropriate action to settle the claim within any time limit specified herein due to the Buyer's failure to cooperate; the applicable time limit shall be extended by the duration of the impediment consisting in the Buyer's failure to cooperate.
    2. The Buyer shall be entitled to reimbursement of the costs reasonably incurred in exercising the right of defective performance, but only if he exercises this right within one (1) month after the expiration of the period within which the defect must be claimed.
    3. Terms capitalized in this Claim Procedure shall have the same meaning ascribed to them in the Seller's General Terms and Conditions.