with registered office Vestec Praha-západ, Okružní 373, postal code 25250
Identification number: 06471404
registered in the Commercial Register kept at the Municipal Court in Prague, Section C, Insert 282730
(hereinafter referred to as the "Seller")
These Complaints Rules were complied with in particular with the provisions of Sections 1914 to 1925, § 2099 to 2117
and § 2161 to 2174 of Act No. 89/2012 Coll., The Civil Code, as amended (the "Civil Code") and Act No. 634/1992 Coll., The Consumer Protection Act, as amended only the "Consumer Protection Act") and is an integral part of Seller's Terms and Conditions.
The Complaint Rules apply to the adjustment of defective performance rights and the quality guarantee for consumer goods purchased with the seller ("Goods").
Buyer and consumer is a natural person who, outside the scope of his or her business or outside of the independent exercise of his profession, concludes a contract with the seller or otherwise deals with it. A buyer of a business is a natural or legal person acting in his or her own
business or business activities. Together as and "buyer".
Suggested Suggestion Procedure
For the quickest possible settlement of the claim, we recommend that you deliver the goods (in person or by post) to the office of the seller at Armyman s.r.o., Pod strání 468, Hořejší Vrchlabí, postal code 54302 Vrchlabí so that the defect can be reviewed. In addition, it is advisable to supply the goods complained of any accessories that may be related to the defect, a precise description of the defect or proof of defect that occurs only occasionally, contact information (telephone, e-mail), specification of the rights of the buyer in connection with the claim, a copy of the sales receipt and, if applicable, the original warranty card. In case of shipping or shipping service, we recommend using the original boxes (including protective fillers) to ensure optimal transport safety and secure the package properly. Do not use CODs because they can not be accepted by the seller.
If the defective goods are legally warranted, there is no time limit for claiming defective performance or warranty period for as long as the buyer can not use the defective item. At the same time, the purchaser shall also be entitled to reimbursement of the costs incurred in the exercise of the rights of the defective performance or guarantee. Seller will be given a written confirmation in accordance with applicable law, in particular when the buyer has exercised the right, as well as the repair and the duration of its operation.
Rights to defect apply to the seller for whom the goods were purchased. However, if the other person is to be repaired in the warranty card, it is listed at the seller's place or in the nearest buyer's place, the buyer will apply the right to repair to the person who is responsible for the repair. The person to be repaired will make a repair within the time agreed between the seller and the buyer when buying goods.
Rights from defective performance
1) The goods are defective if the seller is not handed over to the buyer in the agreed quantity, quality and execution. If the quality and performance are not met, the seller fulfills the quality and design appropriate for the purpose of the contract, otherwise for the customary purpose. Also the delivery of other or incomplete goods is considered a fault. Defects in the documents necessary for the use of the goods are also considered to be defects.
2) The purchaser's right to defective performance creates a defect that the goods have in the transition of the risk of damage to the buyer, even if it will only occur later. The buyer's right will also create a later defect that the seller has caused in breach of his duty.
3) The buyer is not entitled to a defective performance if it is a defect he has had to know with the usual attention at the conclusion of the contract. This is not the case if the seller has assured him explicitly that the goods are defective or if he has mastered the defect.
4) The buyer will, as far as possible, inspect as soon as possible after the risk of damage has passed and be convinced of its properties and quantity. If the seller sends the goods, the buyer may postpone the inspection until the goods are delivered to the destination.
5) If the defective performance is a material breach of the contract, the buyer has the right to remove the defect by delivering new goods without defect or by supplying the missing goods, for repairing the defect, for a reasonable discount from the purchase price or withdrawing from the contract.
6) The Buyer shall inform the seller of the right he has chosen when reporting a defect or without undue delay after the defect is notified. The buyer can not change the choice without the seller's consent. This is not the case if the buyer has requested a repair of a defect that turns out to be irreparable. If the seller fails to remove the defects within a reasonable time or informs the purchaser that the defects will not be remedied, the buyer may request a reasonable discount from the purchase price instead of removing the defect or withdraw from the contract. If the buyer does not choose his right in a timely manner, he has the rights as a defective performance, which is an irrelevant breach of contract
7) If the defective performance is an irrelevant breach of the contract, the buyer has the right to remove the defect or a reasonable discount on the purchase price.
8) As long as the buyer does not exercise the right to a discount on the purchase price or withdraws from the contract, the seller may deliver what is missing or remove the legal defect. Other defects may be removed by the seller by repairing the goods or by delivering new goods. The choice must not cause unreasonable costs to the buyer.
9) If the seller fails to remove the defect in good time or the defect refuses to remove, the buyer may demand a discount on the purchase price or may withdraw from the contract. The buyer can not change the choice without the seller's consent.
10) The buyer can not withdraw from the contract or demand the supply of new goods unless he can return it in the state in which he received it. This is not the case if a change in status has occurred due to a search for the defect of the goods if the buyer has used the goods before the defect is discovered, if the buyer has not been able to return the goods in the unaltered state by negotiation or omission or if the buyer discovering the defect, consuming it or modifying the goods in normal use, and if only partially, the buyer returns to the seller what else he can return and gives the seller a refund up to the amount in which he would benefit from the use of the goods.
11) If the Buyer has failed to notify the buyer of the defect without undue delay after he / she has been able to find out in due time and with sufficient care, he / she will lose the rights of defective performance. In the case of a hidden defect, the same shall apply if the defect has not been notified without undue delay after the buyer has been able to ascertain with sufficient care, but no later than two years after the delivery of the goods.
Quality Guarantee ("Warranty")
1) By the seller, the seller assumes that the goods will, for a certain period of time, be fit for normal use or that they will retain the usual characteristics. These effects also include the indication of the warranty period or the shelf life of the goods on the packaging or in the advertisement. The warranty can also be granted for an individual part of the goods. The warranty may be negotiated in the contract or may be taken over by a warranty statement. If a warranty period other than the warranty period stated on the packaging is agreed in the contract, what has been agreed. If the warranty period is longer than the period stipulated or marked on the packaging, this longer warranty period applies. If the contract and the warranty statement specify different warranty periods, the longest of these will apply.
2) The defect covered by the warranty must be redeemed by the buyer without undue delay after he has been able to inspect the subject of the performance and to determine the defect, but at the latest in the warranty period determined by the warranty period.
3) The warranty period runs from the delivery of the goods to the buyer and, when the goods are shipped under the contract, runs from the milking of the goods to the destination.
4) The buyer is not entitled to a warranty if the defect caused by the risk of damage to the goods to the buyer caused an external event. This does not apply if the seller defects.
Supplementary provisions in case the buyer is solely a consumer
1) The seller is liable to the purchaser for the consumer that the goods are not defective upon takeover. In particular, the seller is liable to the buyer that at the time the buyer took over the goods, a) the goods have characteristics that the parties have negotiated and, in the absence of an arrangement, such properties as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods (b) the goods are fit for the purpose for which the goods are used by the seller or to which the goods are normally used; (c) the goods are in the appropriate quantity, degree or weight and (d) the goods comply with the requirements of the legislation.
2) If a defect is detected within six months of the takeover, the goods are deemed to have been defective already at takeover.
3) The buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of the takeover.
(4) Where the goods to be sold, the packaging, the instructions accompanying the goods or the advertisement in accordance with other legislation indicate the period for which the goods can be used, the provisions on quality assurance shall apply.
5) If requested by the buyer, the seller shall certify to him in writing, to what extent and for how long his obligations in the event of defective performance. The seller has duties of defective performance at least to the extent that the manufacturer's defective performance obligations persist. If the nature of the goods does not resist, the certificate may be replaced by a proof of purchase of the goods containing the data.
(6) The provisions on defective performance shall not apply: (a) to goods sold at a lower price for a defect for which a lower price has been agreed; (b) to wear of goods caused by their normal use; (c) the wear and tear of the goods during the takeover by the buyer, or d) if it results from the nature of the goods.
7) The period for exercising rights from defective performance is shortened to one year when buying used consumer goods.
8) If the goods do not have the characteristics set out in Section 2161 of the Civil Code, the buyer may also require the supply of new goods without defects, unless the defect is disproportionate due to the nature of the defect, but if the defect relates only to the part of the goods, If it is not possible, it can withdraw from the contract. However, if the defect is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer has the right to free the defect free of charge.
9) The right to the delivery of new goods or the replacement of the parts is the buyer even in the case of a defect that can be remedied if he can not properly use the goods for the repeated occurrence of a defect after repair or for a greater number of defects. In that case, the buyer has the right to withdraw from the contract.
10) If the buyer does not withdraw from the contract or if he does not exercise the right to deliver new non-defective goods, to replace his part or to repair the goods, he may require a reasonable discount. The buyer has the right to a reasonable discount even if the seller can not deliver new defective goods, replace their parts or repair the goods, and if the seller fails to remedy the remedy within a reasonable time or that the remedy for the consumer would cause serious difficulties.
11) The right of defective performance of the buyer does not apply if the buyer knew, before taking over the goods, that the goods had a defect or if the buyer caused the defect himself.
12) If the goods have a defect from which the seller is bound, and in the case of goods sold at a lower price or the goods used, the buyer has the right to exchange the right to a reasonable discount.
13) Except when another person is designated to make a repair, the seller is required to accept a complaint at any establishment where the receipt of the complaint is possible in the light of the range of goods or services sold or, where appropriate, the place of business or place of business. The seller is required to provide the consumer with a written confirmation of the consumer's right to claim the claim, what the complaint is, and the manner in which the claim is settled by the consumer, as well as a confirmation of the date and manner of processing the claim, including the confirmation of the repair and the duration of the claim, complaint. This obligation also applies to other persons intended to perform repairs.
14) The seller or a person authorized by him / her shall decide on the claim immediately, in complex cases within three business days. This period does not include the time appropriate to the type of product or service needed to expertly assess the defect. Complaints, including the removal of a defect, must be settled without undue delay, no later than 30 days after the date of the claim, unless the seller agrees with the consumer for a longer period. The expiry of this period is considered as a material breach of contract.
(15) Other purchaser's rights attaching to the purchase of the goods are unaffected.
Non-recognition of the right to defective performance
The right to defective performance will not be recognized in particular in cases where a defect has been caused by improper use, overloading, improper handling, unauthorized disassembly, improper or inadequate maintenance , mechanical damage, mechanical impurities. The right to defect also does not apply to wear caused by normal use of the product or to routine maintenance, adjustment, cleaning and similar operations. For goods sold at a lower price, the right does not apply to defects for which the lower price has been negotiated.
Non-recognition of quality assurance
Seller's warranty of quality will not be awarded to the buyer beyond the warranty agreed upon purchase of the goods or beyond the warranty statement.