Rights from defective performance :: Activair

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the Contracting Parties regarding the rights arising from defective performance shall be governed by the applicable generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The Seller warrants the Buyer that the goods are free of defects upon receipt. In particular, the Seller warrants the Buyer that upon receiving the goody by the Buyer:
7.2.1. The goods have the qualities and features agreed upon by the Contracting Parties and, in the absence of an agreement, have the qualities and features described by the Seller or the
manufacturer or which the Buyer expected with regard to the nature of the goods and on the basis of the applicable advertising and promotion;
7.2.2. The goods are fit for the purpose specified by the Seller for their use or for which goods of this type are commonly used;
7.2.3. The goods comply, in terms of quality or design, with the agreed sample or model, if the quality or design was determined according to the agreed sample or model;
7.2.4. The goods are in the appropriate quantity, measure or weight; and
7.2.5. The goods comply with the requirements of legal regulations.

7.3. If the defect occurs within six months upon receipt, the goods shall be deemed to have been defective at the time of receipt.
7.4. The Seller hereby assumes the obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer apply. The Buyer may otherwise claim the defect which occurs in the consumer goods within twenty-four months upon receipt. If, in accordance with other legal regulations, the period for which the goods can be used is indicated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising, the provisions on the quality warranty shall apply. By means of the quality warranty, the Seller undertakes that the goods will be fit for use for the intended purpose for a certain period of time or that they will retain their usual properties. If the Buyer has legitimately claimed the defect of the goods against the Seller, the period for exercising the rights arising from the defective performance or the warranty period shall cease to run for the period during which the Buyer cannot use the defective goods.

7.5. The provisions stipulated in Art. 7.4 of the GTC shall not apply to goods sold at a lower price to a defect for which the lower price has been agreed, to wear and tear caused by the normal use, to used goods to a defect corresponding to the degree of use or wear and tear which the goods had when received by the Buyer, or if this is due to the nature of the goods. The Buyer may not claim the right from defective performance provided that the Buyer was aware, prior to receiving the goods, that the goods had a defect, or if the defect is attributable to the Buyer.

7.6. The rights from the liability for defects of the goods shall be claimed against the Seller. However, if the acknowledgment issued by the Seller regarding the scope of rights from liability for defects (in the sense of the provisions of Section 2166 of the Civil Code) specifies another person for repair closer to the Seller or Buyer’s place, establishment or address, the Buyer shall exercise the right to repair with the entity authorised to perform the repair. Except in cases where another entity is authorised to carry out the repair according to the previous sentence, the Seller shall accept complaints in any establishment where acceptance of complaints is possible with respect to the range of products sold or services provided, or at the Seller’s registered office or place of business. The Seller shall issue a written acknowledgment to the Buyer specifying when the Buyer exercised the right, the content of the complaint, and the method of handling the complaint required by the Buyer; as well as an acknowledgment of the date and method of handling the complaint, including a certificate of the repair and its duration, or a written justification for dismissing the complaint. This obligation shall also apply to any other persons authorised by the Seller to perform the repair.

7.7. The Buyer may specifically exercise the rights from liability for defects of the goods in person at the company’s registered office, by telephone at +420 595 171 552 or by electronic mail at eshop@activair.cz.

7.8. The Buyer shall notify the Seller of the selected right to exercise upon notification of the defect or without undue delay after notification of the defect. The Buyer cannot change the choice made without the consent of the Seller; this shall not apply if the Buyer has requested the repair of a defect which proves to be irreparable.

7.9. Unless the goods have the qualities or properties specified in Art. 7.2 of the GTC, the Buyer may also request the delivery of new goods without defects, unless this is disproportionate with respect to the nature of the defect; yet if the defect concerns only a component of the goods, the Buyer may only request the replacement of the component concerned part; if this is not possible, the Buyer may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer is entitled to free removal of the defect. The Buyer is entitled to have new goods delivered or components replaced even in the case of a remediable defect, unless the Buyer may use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the Buyer may withdraw from the contract. Unless the Buyer withdraws from the contract or exercises the right to have the new goods without defects delivered, to have their components replaced, or to have the goods repaired, the Buyer may request a reasonable discount. The Buyer is entitled to a reasonable discount even if the Seller cannot deliver new goods without defects, replace their components or repair the goods, as well as if the Seller fails to arrange a remedy within a reasonable period of time or if arranging a remedy would cause significant difficulties to the Buyer.

7.10. Whoever has the right according to Section 1923 of the Civil Code is also entitled to the compensation of the costs expediently incurred in exercising this right. However, unless the right to compensation is exercised within one month upon the expiry of the time limit within which the defect must be claimed, the court will not grant the right if the Seller alleges that the right to compensation was not exercised in due time.

7.11. Any other rights and obligations of the Contracting Parties related to the Seller’s liability for defects may be regulated by the Seller’s complaint procedure.