Orfeo Office, Ltd.
with its registered office at Chelcickeho 95 / 15, 370 01 Ceske Budejovice
id number: 25176269
registered in the Commercial Register maintained by the Regional Court in České Budějovice, Section C, File 7940
for the sale of goods through the on-line shop located at the Internet address: www.orfeoshop.com
1. INTRODUCTORY PROVISIONS
1.1. These Complaints Procedure Rules (hereinafter referred to as the “Complaints Procedure Rules”) of Orfeo Office, sro, registered office at Chelčického 95/15, 370 01 České Budějovice, identification number: 25176269, entered in the Commercial Register kept by the Regional Court in České Budějovice, Section C, File 7940 (hereinafter referred to as “Seller” or “Seller”) regulates the procedure for complaint of goods (goods) and claiming defects of goods (goods) purchased from the Seller by another natural or legal person (hereinafter referred to as “Buyer”). if the buyer is a consumer.
1.2. This Complaints Procedure governs different rights and obligations for buyers who act in relations with the seller as buyer consumers (hereinafter referred to as "the consumer") and differently for individuals or legal entities acting in ordering goods in their business (hereinafter referred to as "entrepreneur" ). Art. 2 of this Complaints Procedure applies to all buyers, Article 3 only to buyers in the position of consumer.
2.1. This part of the Complaints Procedure applies to consumers at the entrepreneur.
2.2. The seller is obliged to deliver the goods in the quantity, quality and design specified in the contract and must pack or procure them for transport in the manner specified in the contract. If the contract does not specify the quality or performance of the goods, the seller is obliged to deliver the goods in quality and performance that are suitable for the purpose specified in the contract, or if this purpose is not specified in the contract, for the purpose for which such goods are usually used. If the contract does not specify how the goods are to be packed or provided for carriage, the seller is obliged to pack or arrange the goods for carriage in the manner customary for such goods in the course of trade, or goods.
2.3. When determining the quality or design according to the agreed sample or model, the goods must conform to the sample or model by quality or design. If the quality or design specified in the contract and the sample or template differ, the contract shall prevail. If the contract and the sample determine the quality or performance of the goods differently but not contradictory, the goods must correspond to the contract and the sample or template.
2.4. If the Seller breaches the obligations set out in Article 2.2 or Article 2.3. complaints procedure, the goods have defects. Defects of goods include delivery of other goods than specified in the contract and defects in documents necessary for the use of the goods.
2.5. The seller is liable for the defect that the goods have at the moment when the risk of damage to the goods passes to the buyer, even if the defect becomes apparent only after this time. The Seller's obligations under the warranty for the quality of the goods are not affected. The Seller is also liable for any defect that arises after the time of transfer of the risk of damage to the Buyer if it is caused by a breach of his obligations.
2.6. The Buyer is obliged to inspect the goods as soon as possible after the transfer of the risk of damage to the goods and to check their properties and quantity.
2.7. By guaranteeing the quality of the goods, the seller accepts in writing that the delivered goods will for a certain period be fit for use for the agreed, otherwise usual purpose, or that it will retain the agreed, otherwise usual properties. Acceptance of the warranty obligation may result from the contract or the Seller's declaration, in particular in the form of a warranty certificate or by stating the warranty period or the useful life of the item on the packaging or in the advertisement. If the warranty period is different in the contract or in the warranty statement of the seller, the agreement of the parties applies. The warranty period starts from the day of delivery of the goods. The Seller's liability for defects covered by the quality guarantee shall not arise if such defects were caused after the risk of damage to the goods was caused by external events and were not caused by the Seller or persons with whom the Seller fulfilled its obligation. The warranty does not apply to goods handled contrary to the conditions stated in the warranty certificate.
2.8. If the delivery of goods with defects substantially breaches the contract, the buyer has the right:
a) for removal of defects by delivery of new goods without defects or delivery of missing goods,
b) to remedy the defect by repairing the thing,
c) a reasonable discount on the purchase price,
d) withdraw from the contract.
The Buyer shall inform the Seller of the right it has chosen at the time of the defect notification or without undue delay after the defect notification. The Buyer cannot change the choice made without the Seller's consent; this does not apply if the buyer asked for repair of the defect, which proves to be irreparable. If the seller does not remove the defects within a reasonable time, or if he notifies the buyer that he will not remove the defects, the buyer may request a reasonable discount on the purchase price or withdraw from the contract instead of removing the defect.
If the buyer fails to announce the choice of his claim within the time limit mentioned above, he has claims from defects of the goods as in case of an insignificant breach of contract (Article 2.9. Of the Complaints Procedure).
2.9. If the defective performance is an insignificant breach of the contract, the buyer has the right to remove the defect or to a reasonable discount on the purchase price.
Until the buyer exercises the right to a discount on the purchase price or withdraws from the contract, the seller may deliver what is missing or remedy the legal defect. Other defects may be remedied by the seller by repairing the goods or delivering new goods; the choice must not cause the buyer excessive costs.
If the seller does not remove the defect in time or refuses to remove the defect, the buyer may claim a discount on the purchase price or may withdraw from the contract. The buyer cannot change the choice without the seller's consent.
2.10. Until the defect is remedied, the buyer does not have to pay part of the purchase price by estimation or correspondingly to his right to discount.
2.11. Upon delivery of new goods, the Buyer shall return the goods originally delivered to the Seller at its expense.
2.12. The Buyer may not withdraw from the contract or demand the delivery of a new item if he cannot return the item in the state in which it was received. This does not apply,
(a) if the condition has changed as a result of an inspection to detect the defect of the goods,
b) if the buyer used the goods before the defect was discovered,
(c) if the buyer has not caused the impossibility of returning the goods in the unaltered state by acts or omissions; or
d) if the buyer sold the goods before discovery of the defect, consumed it, or changed the goods in normal use; if this happened only in part, the buyer will return to the seller what he can return, and further to the seller compensation to the extent that he benefited from the use of goods.
2.13. If the buyer does not notify the defect of the goods in time, the right to withdraw from the contract loses.
2.14. If the Buyer fails to notify the Buyer of the defect without undue delay after it has been able to ascertain it upon timely inspection and sufficient care, the court will not grant the Buyer the right of defective performance. If the defect is a hidden defect, the same applies if the defect was not notified without undue delay after the buyer could find it with sufficient care, but no later than two years after the handover of the thing.
The effects of the previous paragraph shall be taken into account only by the Seller's objection that the defect was not notified in due time.
3. SPECIAL PROVISIONS FOR CONSUMER COMPLAINTS
3.1. This part of the Complaints Procedure applies only if the buyer is in the position of consumer.
3.2. The buyer has the right to withdraw from the contract in writing without stating the reasons and without any penalty under the conditions and within the time limits specified in the terms and conditions and instructing on the right to withdraw from the contract, which is part of the terms and conditions.
3.3. The rights and obligations of the parties regarding the seller's liability for defects, including the seller's warranty liability, are governed by the relevant generally binding regulations of the Civil Code.
3.4. The seller is liable to the buyer that the item has no defects at takeover. In particular, the Seller is liable to the Buyer that at the time the Buyer received the goods,
(a) the goods have characteristics agreed by the parties and, in the absence of an agreement, those characteristics described by the seller or the manufacturer or expected by the buyer, having regard to the nature of the goods and the advertising they carry out;
b) the goods are fit for the purpose stated by the seller or for which the goods of this kind are usually used,
(c) the goods correspond to the agreed specimen or template as to the quality or design if the quality or workmanship was determined on the basis of the agreed specimen or model;
(d) the goods are of an appropriate quantity, measure or weight; and
(e) the goods comply with the requirements of the legislation.
If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt.
3.5. If the nature of the purchase permits, the buyer has the right to have the thing checked before it or to demonstrate its functions.
3.6. The buyer is entitled to exercise the right from a defect that occurs in consumer goods within 24 months of receipt. If the goods to be sold, on their packaging, in the instructions attached to the packaging or in the advertisement in accordance with other legal regulations state the period during which the thing can be used, the provisions of generally binding legal regulations and these warranty conditions for quality guarantee shall apply.
3.7. If so requested by the Buyer, the Seller shall confirm it to the Seller in writing, to what extent and for what period of time his obligations in the event of defective performance remain. The Seller has the obligations of defective performance to the extent that the obligations of defective performance of the manufacturer persist. The confirmation shall also include his name, registered office and identifying information and, where appropriate, other information necessary to establish his identity. If necessary, the Seller shall explain in a clear manner the content, scope, conditions and duration of its liability, as well as the manner in which the rights under it can be exercised. In the confirmation, the seller also states that the other rights of the buyer, which are related to the purchase of goods are not affected. The receipt may be replaced by proof of purchase of the item containing the data.
3.8. Article 3.6. of this Complaints Procedure shall not apply
a) For goods sold at a lower price for a defect for which the lower price was agreed,
(b) wear and tear on the goods caused by their normal use;
(c) in the case of second - hand goods, a defect corresponding to the level of use or wear which the goods had at the time of receipt by the buyer; or
(d) where this is due to the nature of the goods.
3.9. If the goods are not perishable or used, the Seller is responsible for defects that appear as a contradiction with the purchase contract after the receipt of the item within the warranty period (warranty).
3.10. If the goods do not have the characteristics specified in Article 3.4 of this Complaints Procedure, the Buyer may also request the delivery of new goods without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a component of the goods; if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to remove the defect free of charge.
The buyer has the right to deliver new goods or replace parts even in the case of a removable defect, if the item cannot be properly used for repeated occurrence of the defect after repair or for a larger number of defects. In this case, the buyer has the right to withdraw from the contract.
If the buyer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may claim a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver new goods without defects, replace its component or repair the goods, or if the seller fails to remedy the goods within a reasonable time or if remedying the consumer would cause considerable difficulties.
3.11. The Buyer shall not be entitled to any defective performance if the Buyer knew before the goods were taken over that the goods had a defect or if the Buyer himself caused the defect.
3.12. If the goods have a defect, from which the seller is obliged, and if the goods are sold at a lower price or used goods, the buyer has the right to a reasonable discount instead of the right to exchange things.
3.13. The Buyer's rights arising from the Seller's liability for defects, including the Seller's warranty liability, shall be exercised by the Buyer at the Seller's registered office. The moment when the seller has received the goods from the buyer is considered the moment of claiming. The Buyer shall deliver the goods to the Seller at his own expense and risk. This is without prejudice to any mandatory provisions of generally binding legal regulations. During the complaint, the buyer is obliged to describe the defect in detail, prove that he / she purchased the goods from the seller (especially the invoice signed by the seller), present the warranty certificate, if issued, and state how the claim is settled by the consumer. The Seller is obliged to give the Buyer a written confirmation of when the consumer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires; and confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint. The seller or an employee authorized by the seller decides the claim immediately, in complex cases within three working days. This period does not include a reasonable time depending on the type of product or service required for expert assessment of the defect. Complaints, including the removal of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the consumer agree on a longer period. The expiry of this period in vain is considered a substantial breach of the contract.
4. FINAL PROVISIONS
4.1. If any provision of the Complaints Procedure Rules is invalid or ineffective, or becomes so, the provision whose meaning is as close as possible to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and amendments to the purchase contract or the complaint procedure require written form.
4.2. If any provision of these Complaints Rules is in conflict with the enforcing provisions of generally binding regulations, such provision shall not be taken into account.
4.3. Seller's contact details: delivery address Chelcickeho 95 / 13A, 370 01 Ceske Budejovice, e-mail address email@example.com