7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The seller is responsible for ensuring that the goods are free of defects upon receipt. That is, the goods upon receipt, in particular:
7.1.1. are in the agreed quantity,
7.1.2. correspond to the quality and design agreed between the buyer and the seller, according to the agreed sample or model, or according to the purpose apparent from the contract,
7.1.3. have no legal defects, i.e. a third party has no property rights to the goods and the goods are equipped with the documents necessary for the proper use of the goods,
7.1.4. are in an appropriate quantity, measure or weight.
7.2. The seller does not provide any guarantee for quality.
7.3. The difference in colour shades in reality and on electronic display devices cannot be considered a defect of the goods.
7.4. The buyer´s rights from defective performance are governed by the Civil Code, in particular the provisions of § 2099 to 2117.
7.5. If the defect of the goods is a substantial breach of contract, the buyer is entitled to these rights from the defective performance:
7.5.1. elimination of a defect by delivery of a new item without a defect or by delivery of a missing item;
7.5.2. elimination of a defect by repairing the thing;
7.5.3. reasonable discount from the purchase price; or
7.5.4. withdrawal from the contract.
7.6. If the defect of the goods is a minor breach of contract, the buyer may request:
7.6.1. defect elimination; or
7.6.2. a reasonable discount from the purchase price.
7.7. The buyer is obliged to inform the seller about the chosen method of resolving the complaint when notifying the defect, otherwise the seller shall decide on it. The choice made can only be changed in agreement with the seller. If the buyer considers the defect to be a material breach of the contract, they shall be obliged to prove that to the seller.
7.8. The buyer acknowledges that until they exercise their right to a discount on the purchase price or withdraw from the contract, the seller is entitled to deliver the missing goods or remove a legal defect.
7.9. The replacement of goods or withdrawal from the contract cannot be requested where the buyer is unable to return the item in the condition in which they received it.
7.10. The rights of defective performance do not belong to the buyer, if they knew about the defect before taking over the item or caused the defect themselves.
7.11. Furthermore, liability claims do not apply to wear and tear of the goods caused by their normal use; on goods sold at a lower price – only in relation to a defect for which the lower price has been agreed; or if this is apparent from the nature of the matter.
7.12. The buyer is obliged to file a complaint with the seller without undue delay from the discovery of the defect. The contact address of the seller is designated for receiving the claimed goods.
7.13. Binding procedure for complaints:
7.13.1. for faster settlement, the buyer may inform the seller in advance about the complaint by phone, e-mail or in writing;iting;
7.13.2. the buyer is obliged to inform the seller of the right they have chosen in relation to the defective performance, to describe the defect and/or to describe how it manifests itself;
7.13.3. the buyer delivers the claimed goods to the seller (in a different way than cash on delivery, which the seller does not accept), and when sending them, the buyer shall be obliged to pack the goods in a suitable package in such a way as to avoid damage or destruction;
7.13.4. the buyer shall attach to the goods a proof of purchase of goods or a tax document – an invoice, if issued, or another document proving the purchase of goods.
7.14. The moment of claim is the moment when the claimed goods have been delivered to the seller so that the seller may examine the defect.