Delivery options

 

VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO GOODS

The goods will be delivered to you by the method of your choice, whereby you can choose from the following options:

a) Personal collection at the company's delivery points;

c) Delivery via transport companies Czech Post, Zásilkovna;

2. The goods can only be delivered within the Czech Re

3. The delivery time of the Goods always depends on their availability and the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time indicated on the E-shop is only indicative and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform you of the possibility of collecting the Goods by e-mail.

4. Upon receipt of the Goods from the carrier, it is your obligation to check the integrity of the packaging of the Goods and in the event of any defects, to notify the carrier and us immediately. In the event that there is any defect in the packaging which is indicative of tampering and entry into the shipment, it is not Your responsibility to accept the Goods from the Carrier.

5. In the event that You breach Your obligation to accept the Goods, except in accordance with Article VI.4 of the Conditions, this shall not result in a breach of Our obligation to deliver the Goods to You. At the same time, Your failure to accept the Goods shall not constitute a repudiation of the Contract between Us and You. However, in such a case We shall have the right to withdraw from the Contract on the grounds of Your material breach of the Contract. If We decide to exercise this right, the withdrawal is effective on the date We deliver the withdrawal to You. Withdrawal from the Contract shall not affect any claim for payment of the Price for transport or for damages, if any.

6. If, for reasons arising on Your side, the Goods are delivered repeatedly or in a different manner than agreed in the Contract, it is Your obligation to reimburse Us for the costs of such repeated delivery. The payment details for payment of these costs will be sent to Your email address set out in the Contract and are payable 14 days from receipt of the email.

7. The risk of damage to the Goods shall pass to You at the time You take delivery of the Goods. In the event that you do not take delivery of the Goods, except in accordance with clause VI.4 of the Conditions, the risk of damage to the Goods shall pass to you at the time when you had the opportunity to take delivery of the Goods but for reasons beyond your control did not take delivery. The transfer of the risk of damage to the Goods means that from that moment on you bear all consequences related to the loss, destruction, damage or any deterioration of the Goods.

8. In the event that the Goods have not been listed as in stock in the E-shop and an indicative period of availability has been given, we will always inform you in the event:

(a) an extraordinary failure in the production of the Goods and we will always provide you with a new expected period of availability or information that the Goods cannot be delivered;

b) a delay in the delivery of the Goods from Our Supplier and We will always tell You the new expected delivery time.

9. In the event that We are unable to deliver the Goods to You even within 30 days of the expiry of the delivery time specified in the Order Confirmation, for whatever reason, We and You shall be entitled to withdraw from the Contract.

 

VII. RIGHTS OF DEFECTIVE PERFORMANCE

1. we warrant that at the time the risk of damage to the Goods passes under clause VI.7 of the Conditions, the Goods are free from defects, in particular that:

(a) it has the characteristics that we have agreed with you and, if not expressly agreed, then those that we have indicated in the description of the Goods or that can be expected in view of the nature of the Goods;

b) it is suitable for the purposes we have stated or for the purposes that are usual for Goods of that type;

(c) it is of the quality or workmanship of the agreed sample where the quality or workmanship has been determined from the sample;

(d) it is of the appropriate quantity and weight;

(e) meets the requirements imposed on it by law;

(f) it is not encumbered by the rights of third parties.

2. The rights and obligations regarding rights arising from defective performance are governed by the relevant generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

3. In the event that the Goods are defective, i.e. in particular if any of the conditions under Article VII.1 are not fulfilled, You may notify Us of such defect and exercise the rights arising from the defective performance (i.e. claim the Goods) by sending an e-mail or letter to Our addresses indicated in Our identification data. You may also use the sample form provided by Us, which is attached as Appendix 1 to the Terms and Conditions, to make a claim. In exercising the right of defective performance, you must choose how you wish to resolve the defect, and you cannot subsequently change this choice, except in accordance with clause 7.4, without Our consent. We will settle the claim in accordance with the defective performance right You have exercised. In the event that You do not choose to deal with the defect, You shall have the rights set out in clause 7.5 even in situations where the defective performance was a material breach of the Contract.

4. If the defective performance is a material breach of the Contract, you have the following rights:

(a) to remedy the defect by supplying new Goods without defect or by supplying the missing part of the Goods;

b) to have the defect remedied by repairing the Goods;

c) to a reasonable discount on the Price;

d) to withdraw from the Contract.

If You choose to resolve the defect under a) or b) and We do not remedy the defect in this way within a reasonable period of time specified by Us or We tell You that We will not remedy the defect in this way at all, You have rights under c) and d) even if You did not originally request them as part of the claim. At the same time, if you choose to remedy the defect by repairing the Goods and We find that the defect is irreparable, We will notify you and you may choose another method of remedying the defect.

5. If the defective performance is an immaterial breach of the Contract, you have the following rights:

(a) to remedy the defect by supplying new Goods without defect or by supplying the missing part of the Goods;

b) to have the defect remedied by repairing the Goods;

c) to a reasonable discount on the Price.

However, if we do not remove the defect in time or refuse to remove the defect, you have the right to withdraw from the Contract. You may also withdraw if you cannot use the Goods properly due to the recurrence of the defect after the Goods have been repaired or if there are multiple defects in the Goods.

6. In the event of a material or immaterial breach, you may not withdraw from the Contract or require delivery of a new item unless you can return the Goods in the condition in which you received them. This does not apply in the following cases:

(a) if the condition of the Goods has changed as a result of an inspection to detect a defect;

b) if the Goods were used before the defect was discovered;

c) if the impossibility of returning the Goods in their unaltered condition was not caused by your act or omission,

d) if the Goods have been sold, consumed or altered by you in normal use before the discovery of the defect; however, if this has only partially occurred, it is your responsibility to return the part of the Goods that can be returned, in which case you will not be refunded the part of the Prices corresponding to your benefit from the use of the part of the Goods.

7. Within 3 days of receipt of a claim, we will confirm to you by email that we have received the claim, when we received it and the estimated time it will take to resolve the claim. We will deal with the complaint without undue delay, but no later than 30 days from receipt. The time limit may be extended by mutual agreement between us. If the time limit expires in vain, you may withdraw from the Contract.

8. We will inform you of the settlement of the complaint by e-mail. If the complaint is justified, you will be entitled to reimbursement of the costs reasonably incurred. You are obliged to prove these costs, e.g. by receipts or shipping receipts. In the event that the defect has been rectified by the delivery of new Goods, it is Your responsibility to return the original Goods to Us, but We shall bear the cost of such return.

9. In the event that You are a business, it is Your obligation to notify and complain about the defect without undue delay after You have been able to discover it, but no later than three days after You have received the Goods.

10. If you are a consumer, you have the right to exercise your rights under the defective performance for a defect that occurs in consumer Goods within 24 months of receipt of the Goods.

11. The provisions regarding the right of defects do not apply in the case of:

(a) Goods which are sold at a lower Price, to a defect for which a lower Price has been agreed;

b) wear and tear of the Goods caused by their normal use;

c) used Goods for a defect corresponding to the level of use or wear and tear that the Goods had when you received them;

d) where the nature of the Goods so requires.

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