Article VIII. Terms and Conditions relating to the dispatch of goods by mail order via the online shop
1. [Příslušné právní předpisy] The rights and obligations of the contracting parties regarding the seller’s liability for defects, including the seller’s warranty liability, are governed by the applicable generally binding regulations (in particular the relevant provisions of the Civil Code). If the buyer is not an entrepreneur, where it would be obvious that the purchase contract concerns his business activity, the special provisions on the sale of goods in commerce pursuant to § 2158 et seq. Civil Code (see below).
2. [Odpovědnost za jakost při převzetí] The Seller shall be liable to the Buyer for the fact that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer for the fact that at the time the buyer took over the goods:
(a) the goods have the characteristics agreed between the parties and, in the absence of an agreement, such characteristics as the seller or the manufacturer described or the buyer expected in view of the nature of the goods and on the basis of the advertising carried out by them;
(b) the goods are fit for the purpose for which the seller states or for which goods of that kind are usually used;
(c) the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen;
(d) the goods are in the appropriate quantity, measure or weight; and
(e) the goods comply with the requirements of the legislation.
If a defect appears within six (6) months of the Buyer’s receipt of the goods, the goods shall be deemed to have been defective upon receipt.
3. [Práva kupujícího z vadného plnění] If the goods have a defect, the buyer may demand delivery of new goods without defects, unless this is unreasonable due to the nature of the defect. If the defect concerns only a part of the goods, the buyer can only demand the replacement of the part; if this is not possible, he can 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 have the defect removed free of charge.
The buyer has the right to delivery of new goods or replacement of parts even in the case of a removable defect, if the goods 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.
If the buyer does not withdraw from the contract or does not exercise the right to have new goods delivered without defects, to have parts of the goods replaced or to have the goods repaired, the buyer may demand a reasonable discount. The buyer is entitled to a reasonable discount, even if the seller cannot deliver new goods without defects, replace a part or repair the goods, as well as if the seller fails to remedy the defect within a reasonable time or if it would cause the buyer considerable difficulties to remedy the defect.
The buyer is also not entitled to claim rights from defective performance:
a) for goods sold at a lower price, the defect for which the lower price was agreed;
(b) the wear and tear caused by the normal use of the goods;
(c) in the case of second-hand goods, a defect corresponding to the degree of use or wear and tear which the goods had on receipt by the buyer; or
(d) where the nature of the goods so requires.
If the claim is justified, the buyer is entitled to compensation for the costs reasonably incurred in exercising the right of defective performance.
4. [Doba pro uplatnění reklamace] The Buyer is entitled to exercise the right for defects that occur in the goods within twenty-four (24) months of receipt. If the goods have been transported according to the purchase contract, the warranty period starts from the delivery of the goods to the place specified in the order, otherwise from the receipt of the goods by the buyer at the place of collection.
If the goods sold, the packaging, the accompanying instructions or the advertisement state the period of time for which the goods may be used, the seller is liable to the buyer for the fact that the goods will be fit for use for their usual purpose or that they will retain their usual characteristics for that period of time.
5. [Nemožnost reklamace] The buyer is not entitled to the right of defective performance if the buyer knew before taking over the goods that they were defective or if the buyer caused the defect himself. Furthermore, the buyer is not entitled to apply the rights from defective performance in the case of an item sold for a lower price to the defect for which the lower price was agreed. The Seller is not liable for defects resulting from normal wear and tear or failure to follow the instructions for use of the goods, or if this results from the nature of the item.
6. [Potvrzení o odpovědnosti prodávajícího] If the Buyer so requests, the Seller shall confirm to the Buyer in writing the extent and duration of the Buyer’s obligations arising from the defective performance and the manner in which the Buyer may enforce its rights thereunder. In the confirmation, the seller shall also indicate his/her business name, registered office, identification number. In the confirmation, the Seller shall state that the other rights of the Buyer relating to the purchase are not affected. Unless the nature of the case prevents it, a certificate pursuant to § 2166 para. 1 of the Civil Code shall be replaced by a proof of purchase containing the information specified in this paragraph.
7. [Proces reklamace] If the buyer discovers defects in the goods, he must claim them without undue delay after discovering the defects from the seller:
a) electronically to e-mail: info@cbdswiss.cz or
b) in writing by letter sent to the address of the seller CBD SWISS Czech Republic s.r.o., CBD SWISS s.r.o., Národní 364/39, Staré Město, 110 00 Prague 1.
The buyer shall state his/her name and surname, contact details, description of the defect in the goods and the method of settlement of the claim (what right the buyer claims from the defective performance). The buyer cannot change the choice made without the seller’s consent. The buyer is obliged to prove that the claimed goods were purchased from the seller (e.g. by a copy of the tax document or other appropriate means).
8. [Vrácení zboží] In the event of a claim, unless otherwise agreed, the Buyer shall return the goods originally delivered to the Seller at his expense, in one of the ways listed below:
The Buyer shall send the goods complained of by parcel to CBD SWISS s.r.o., Národní 364/39, Staré Město, 110 00 Prague 1. The Seller is not obliged to accept packages delivered on delivery. The Seller recommends the Buyer to fill in and print out the Complaint Sheet(available here), to which the Buyer shall attach a copy of the proof of purchase of the goods. We recommend that you use this method of returning the claimed goods for a faster settlement of the complaint.
9. [Potvrzení o reklamaci] The Buyer will receive a written confirmation from the Seller about when the claim was made, what is its content, what method of handling the claim is required, by e-mail specified in the order or in the customer account immediately after receiving the claim.
The Seller shall also send the Buyer, by e-mail specified in the order, in the customer account or in the complaint sheet, a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and the duration of the complaint, or the reasons for rejecting the complaint. This confirmation (complaint report) will be delivered to the buyer no later than within the time limit set by generally binding legal regulations for the handling of complaints, most often with the goods complained about. If no goods are sent, the complaint report is sent electronically. The Seller shall settle the complaint without undue delay, no later than 30 days from the date of the complaint, unless a longer period is agreed with the Customer.
