Product Exchanges and Claims Policy for Entrepreneurs and Legal Persons
This Product Exchanges and Claims Policy for Entrepreneurs and Legal Persons (thereafter "Exchange Policy“) governs the way and conditions of a claim of defects for products bought by an entrepreneur or legal person through the e-shop ONLINE-TEXTIL.COM of the entrepreneur:
- Kubale media s.r.o., based at Mlýnská 10, 334 01 Přeštice, Czech republic
- Company ID: 11741287
- VAT registration number: CZ11741287
- registered: in the Commercial Register kept at the Regional Court in Pilsen, file number C 41094
postal address: Online-textil.com, Kubale media s.r.o., Mlýnská 10, 334 01 Přeštice, Czech republic
telephone number: +420 731 181 022
e-mail: [email protected]
1. The responsibility of the seller for defects
1.1. The seller is responsible for the product not having defects when received by the client. This means that the product, at delivery especially:
- is in the agreed-on quantity;
- corresponds, in quality and workmanship with what has been agreed on by the seller and the buyer, or with a pattern or design, or according to a purpose evident from the Contract; otherwise for a usual purpose;
- a situation when the seller delivers a different product than that which was agreed on is also considered a defect;
- does not have a legal defect, i.e. there are no property rights of any third person to the product and the product is equipped with the documentation necessary for the proper use of the product.
The seller does not provide any quality guarantee.
1.2. A difference in colour shades between reality and on electronic imaging devices cannot be considered a defect.
2. Rights of the buyer based on faulty fulfilment
2.1. The rights of the buyer based on faulty fulfilment are governed by the Civil Code, particularly § 2099 to 2117.
2.2. If the defect of the product is a significant breach of Contract, these rights based on faulty fulfilment belong to the buyer:
a) removal of the defect by delivering a new product without defect or delivering a missing object;
b) removal of the defect by repairing an object;
c) an appropriate discount of the Price; or
d) withdrawal from the contract.
2.3. If the defect of the product is a non-significant breach of Contract, then the buyer may demand:
a) a removal of the defect; or
b) an appropriate discount of the Price.
2.4. The buyer is obliged to inform the seller about the chosen method of claim solution when the defect is reported, otherwise, the seller will decide on the method. A completed choice can only be changed by agreement with the seller.
If the buyer considers the defect a significant breach of contract, he/she is obliged to prove it to the seller.
The buyer understands that if he/she does not apply his/her right to a discount of the Price or Contract withdrawal, then the seller is authorized to deliver the missing product or remove the legal defect (especially deliver missing documentation).
2.5. The exchange of a product or Contract withdrawal cannot be demanded if the buyer is not able to return the product in the same state it was received. This provision is not valid if:
a) the state of the product was changed as a result of an inspection carried out to find out the state of the defect;
b) the buyer had used the product before the defect was discovered;
c) the buyer did not cause the inability to return product in an unchanged state by action or failure to act; or
d) the buyer had sold the product before the defect was discovered, or changed the product by normal use; should it only have happened partially, the buyer will return to the seller whatever can be returned and will compensate in the amount in which he/she benefited from its use.
3. The impossibility of exercising rights on faulty fulfilment
3.1. The rights based on faulty fulfilment do not belong to the buyer if the buyer had known about the defect before accepting the product or had caused the defect himself/herself.
3.2. The claims of responsibility for defects also do not apply to:
- products worn out due to their normal use;
- products sold at a discount price – only in relation to the defect for which the lower price was negotiated; or
- if it results from the nature of the product.
4. Claim procedure
4.1. The buyer is obliged to apply for a claim without unnecessary delay upon discovering the defect. The contact address of the seller is designed for receiving claims.
4.2. Binding procedure for claims:
- for faster settlement, the buyer may inform the seller about the claim in advance by telephone, e-mail or mail;
- the buyer is obliged to inform the seller about which right he/she has chosen, describe the defect and/or how it manifests itself;
- the claimed product is delivered to the seller (but using a different method than cash on delivery which the seller does not accept), the buyer is obliged to package the product into an appropriate packaging so as not to damage or destroy it;
- the buyer adds a receipt to the product being claimed, or a tax receipt - invoice if it was issued, or another document that proves the purchase of the product.
4.3. The moment of claim is the moment when the product is delivered to the seller.
4.4. In accordance with the Civil Code, the buyer has the right to compensation of costs associated with the claiming of the product. The buyer accepts that the right to compensation of these costs has to be applied within one month of the end of the period when a defect can be reported.
This Product Exchanges and Claims Policy for Entrepreneurs and Legal Persons is valid and in force as of 28 October 2021.
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