PIETRO DI MARTINI sro
602 00 Brno-Brno City
Tel.: +420 775 010 615
RIGHTS AND OBLIGATIONS ARISING FROM DEFECTIVE PERFORMANCE
- Quality at acceptance
a) If the goods received have deficiencies (eg do not have agreed or legitimately expected properties, do not fit for the usual or agreed purpose, are not complete, do not correspond to quantity, measure, weight, or quality does not meet other legal, contractual or pre-contractual parameters ), these are defects in the goods for which the seller is responsible.
b) The buyer may claim from the seller, no later than two years from the receipt of the goods, according to his request, the right to free removal of the defect or a reasonable discount on the price ; if this is not disproportionate to the nature of the defect (especially if the defect cannot be eliminated without undue delay), the requirement to deliver a new item without defects or a new component without defects may be applied , if the defect concerns only this component.
c) If repair or replacement of the goods is not possible, upon withdrawal from the contract , the buyer may demand a refund of the purchase price in full.
d) Within six months from the receipt of the goods, it is presumed that the defect of the goods already existed at the time of receipt of the goods.
e) The seller is not obliged to comply with the buyer's claim if he proves that the buyer knew about the defect of the goods before taking over or caused it himself.
f) For used second-hand goods, the seller is not liable for defects corresponding to the degree of previous use or wear. For items sold at a lower price, the seller is not liable for the defect for which the lower price was agreed. Instead of the right to exchange, the buyer is entitled to a reasonable discount in these cases.
2. Legal rights from defects
a) The seller is responsible for defects arising after receipt of the goods during the 24-month warranty period or during the shelf life stated in the advertisement, on the packaging of the goods or in the attached instructions.
Within this period, the buyer can file a complaint and, at his option, claim a defect that constitutes a material breach of contract (regardless of whether the defect is remediable or irremediable):
- elimination of the defect by delivery of a new item without a defect or by delivery of a missing item;
- free removal of the defect by repair;
- a reasonable discount from the purchase price; or
- refund of the purchase price on the basis of withdrawal from the contract.
- b) Substantial breach of contract is significant of which the breached party already knew or should have known at the time the contract was concluded that the other party would not have entered into the contract if he had foreseen such breach.
c) In the case of a defect that means a minor breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to eliminate the defect or a reasonable discount on the purchase price.
d) If a remediable defect has occurred repeatedly after repair (third claim for the same defect or fourth for different defects) or the goods have a large number of defects (at least three defects at the same time), the buyer can claim a discount on the purchase price, exchange goods or withdraw from the contract.
e) The seller is not responsible for defects caused by normal wear and tear or failure to follow the instructions for use.
- a) The buyer is obliged to file a complaint with the seller or the person designated for repair without undue delay from the discovery of the defect. If he does so in writing or electronically, he should provide his contact details, a description of the defect and a request for the method of handling the complaint.
b) The buyer is obliged to inform the seller which right he has chosen when notifying the defect, or without undue delay after notifying the defect. A change of choice without the consent of the buyer is possible only if the buyer has requested the correction of a defect that proves to be irreparable.
c) If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a minor breach of contract.
d) The buyer is obliged to prove the purchase of goods (preferably by proof of purchase). The deadline for settling the complaint runs from the handover / delivery of the goods to the seller or to the place designated for repair. The goods should be packed in suitable packaging during transport to prevent damage, they should be clean and complete.
e) The seller is obliged to immediately, no later than within three working days, decide on the complaint, or that a professional assessment is required for the decision. They shall provide the buyer with information on the need for an expert assessment within this period. Complaints, including the elimination of defects, the seller will handle without undue delay, no later than 30 days from its application, unless they agree in writing with the buyer on a longer period. After this period, the buyer has the same rights as if it were a material breach of contract.
f) If the seller refuses to eliminate the defect, the buyer may request a reasonable discount on the price or withdraw from the contract.
g) The warranty period is extended by the time from the claim to its settlement or until the time when the buyer was obliged to pick up the item. If the goods or part of them are exchanged, the seller's liability shall apply as if it were a purchase of new goods or part thereof.
h) If it is not possible to monitor the status of the settlement of the complaint online, the seller undertakes to inform the buyer of the settlement of the complaint by e-mail or SMS according to his request.
i) In the case of a justified complaint, the buyer is entitled to compensation for the costs expediently incurred.
- a) Mutual disputes between the seller and the buyer are resolved by ordinary courts.
b) In the event of a dispute between the seller and the buyer, it is also possible to contact the system of out-of-court settlement of consumer disputes via an internet severance application at vasestiznosti.cz
c) The buyer can contact dTest, o.p.s. via www.dtest.cz/poradna with a request for advice on their consumer rights or by phone 299 149 009 .
d) Supervision over compliance with obligations under Act No. 634/1992 Coll., on Consumer Protection, as amended, is performed by the Czech Trade Inspection Authority ( www.coi.cz ).
This complaint procedure is effective from May 20, 2021. We reserve the right to make changes to the complaint procedure.