Liability for product defects in relation to consumers
The seller is liable to the buyer that the item is free of defects on acceptance. In particular, the seller is liable to the buyer that, at the time the buyer accepted the item,
- the item has the properties that the parties have agreed, and if agreement is missing, then such properties that the seller or manufacturer described or that the buyer expected with respect to the nature of the goods and based on advertising done by them
- the item is suitable for the purpose stated for its use by the seller or for which this type of item is customarily used
- the item quality or design matches the agreed sample or model, if its quality or design have been determined based on an agreed sample or model
- the item is of adequate quantity, number or weight
- the item meets requirements of legal regulations
If a defect is manifested in the course of six months after acceptance, it shall be understood that the item was defect already on acceptance. The buyer is entitled to complain about defects that occur on the goods within 24 months of its acceptance in the sense of Section 2165 of Act no. 89/2012 Coll., the Civil Code (hereinafter, the ″Civil Code”).
If the item does not have properties specified in the agreement, the buyer may request delivery of a new item free of defects, unless it is disproportionate with respect to the nature of the defect, but if the defect only relates to a component of the item, the buyer can only request replacement of the component; if that is not possible, the buyer can withdraw from the agreement. However, if disproportionate with respect to the nature of the defect, particularly if the defect can be repaired without undue delay, the buyer has the right to defect repair free of charge.
The buyer has the right to delivery of a new item, or replacement of a component, also in the case of a reparable defect if the buyer cannot use the item properly due to repeated occurrence of the defect after the repair or due to a greater number of defects. In such cases, the buyer also has the right to withdraw from the agreement.
If the buyer does not withdraw from the agreement or does not exert their right to delivery of a new item free of defects, replacement of its component or repair of the item, the buyer can request a proportionate discount. The buyer also has the right to a proportionate discount if the seller cannot deliver a new item free of defects, replace its component or repair the item, as well as if the seller does not make remedy in an adequate time or if the making of the remedy would cause considerable inconvenience to the consumer.
Before the first use of the item, the buyer is required to read documentation related to it and required for the use of the item, including operating instructions, safety warnings and other instructions, and then to follow these documents, or information contained therein, consistently.
CAUTION – Instructions for use may not always be included, e.g., with products with a generally known method of use. Conversely, for more complex devices, instructions have to be available to put the product in operation in the prescribed method (missing instructions have to be requested first).
Liability for defects does not apply to wear of the item (or its components) caused by its customary use. Therefore, shorter product lifetime cannot be regarded as a defect and cannot be the subject of complaint. The buyer does not have the right arising from defective performance if the buyer knew before accepting the item that the item is defective, or if the buyer has caused the damage. We accompany each product with a taxable bill, which is used as a proof of purchase. The customer shall confirm product acceptance by signing the delivery note / accepting the shipment from the carrier.
In the event of a granted complaint, the buyer has the right to monetary compensation of costs demonstrably expended by the buyer on sending the complained goods to the seller at a maximum amount corresponding to the cheapest possible way of delivery by Czech Post, or generally known carriers such as PPL. The seller will not provide compensation for costs of above-standard services of any carrier, such as express delivery, etc.