For the purchase contract concluded through the internet shop www.actionshop.cz (dále jen „e-shop“) (hereinafter only as the „e-shop“) run by the company AGS Trade s.r.o., identification number: 27616169, with its registered seat at Krejnická 2021/1, 14800 Praha 4, registered in the Commercial Register maintained by the Municipal Court in Prague, section C, File 119134 (hereinafter the „seller“), and in the facilities or the registered seat of the seller between the consumer as one party to the contract (hereinafter the „purchaser“) and the seller as the second party to the contract. I. GENERAL PROVISIONS The rights of the purchaser arising from the defective performance shall be always exercised (the exercise of the rights arising from a defective performance hereinafter as the “complaint “) in accordance with this Complaints Procedure. Any matters which are not covered by this Complaints Procedure shall be governed by the laws of the Czech Republic. The seller provides the purchaser by the Complaints Procedure in appropriate way and it shall give it to the purchaser in a written form at his request. In case of the purchase contracts concluded through the e-shop, the Complaints Procedure is a part of the GTs sent to the purchaser via e-mail after the purchase contract is concluded. II. EXCEPTION FROM THE LIABILITY OF THE SELLER FOR THE DEFECTIVE PERFORMANCE The seller shall not be held liable for the defective performance in a following cases: if the thing is sold for the lower price due to defect for which the lower price was set, wear and tear of the goods caused by its usual use, if the defect of the things results from the nature of the thing (fungible thing or perishable thing), if the purchaser knew before the handover of the thing, that the thing is damaged, or if the purchaser caused the defect by itself, for example by incorrect use, storage, incorrect maintenance, by any action of the purchaser or due to mechanical damage, if the defects occurred due to external influences beyond the control of the seller. III. EXERCISE OF THE COMPLAINT The purchaser is exercise its complaint towards the seller in person or through the transporter, in any business premises of the seller, in which the acceptance of the complaint is possible with respect to the assortment of the selling goods, or in the registered seat of the seller or its place of business. The seller shall secure the presence of its employee authorized to the acceptance of the complaints during the opening hours of the business premises.. By sending of the goods to the address of the service center of the seller the purchaser speeds up the handling of the complaint. The address of the service center is following: AGS Trade s.r.o. – ACTIONSHOP, Koliště 245/71, 602 00 Brno, the Czech Republic. The complaint laying in the repair of the thing may be also made with a person authorized to the repairs according to the confirmation, which was issued by the seller to the purchaser, or in the bill or warranty card, if the authorized person is at the place of the business of the seller or at the place which is closer to the purchaser. The purchaser shall prove that it is entitled to exercise the complaint, mainly by demonstration of the date when the purchase was made, either by rendering the purchase bill, the confirmation of the duties of the seller arising from a defective performance, warrant card, or by any other reliable way. The purchaser is not authorized to exercise the claim for a defect which had been already claimed in past if the appropriate discount of the purchase price was provided. Should the exercise of the right arising from a defective performance cause significant complications to the consumer, especially due to impossibility of transport of the thing by standard method to the place where the complaint can be made or the goods were permanent fixed to other thing or it was a part of immovable, the seller shall check the thing at the place where it is placed with a prior agreement with the purchaser, or in a different way. In such case, the purchaser shall provide the seller with necessary assistance. IV. THE TIME PERIOD FOR THE EXERCISE OF THE RIGHT ARISING FROM A DEFECTIVE PERFORMANCE The Purchaser is authorized to exercise the right arising from a defective performance which occurs to the consumer products within 24 months as of its handover. If it is used goods, the time limit shall be shortened to 12 months. After the time period expires, the right arising from a defective performance cannot be exercised unless the parties to the contract agree otherwise or the seller of the producer provides the purchaser by a special quality guarantee beyond its duties stipulated by law. The purchaser shall exercise its rights arising from a defective performance without unreasonable delay after it discovers the defect of the goods. The seller is not liable for the extension of damage if the purchaser keeps on using the goods after he discovered the defect. Should the purchaser exercise its right arising from a defective performance legally, the time period shall not run for the time when the goods are being repaired and the purchaser cannot use it. The purchaser is aware of the fact that the new time period for the exercise of the right arising from a defective performance does not start in case of the exchange of the goods as a result of dealing with the complaints. The time period for the exercise of the right arising from a defective performance shall not be considered as a determination of a useful life of goods, such time differs according to the type of the product, its maintenance and the correctness of its use and the intensity of the use, or the agreement of the purchaser and the seller. V. DEALING WITH THE COMPLAINTS The seller shall decide immediately about the complaint, or within three days in more difficult cases. This time period shall not include the time necessary for the professional inspection of the defect. The seller shall give to the purchaser a written confirmation, in which it shall state the date and the place of the exercise of the complaint, type of the defect, the way in which the seller intends to deal with the complaint and the way in which the purchaser shall be informed about its handling. The message sent by the electronic mail to the address of the purchaser stated in purchaser’s user account in the e-shop or to the address later selected by him shall be also considered as issuing of the confirmation stated in the sentence above. The complaint, including the repair of the defect shall be resolved without undue delay and no later than within 30 day after the exercise of the complaint unless the seller agree with the purchaser on longer period of time. The expiration of the time limit shall be considered as significant breach of the contract. The seller shall confirm to the purchaser in a written form the date and the manner of resolving of the complaints, including the confirmation that the thing was repaired and its duration, or the reasons for the refusal of the complaint. The message sent by e-mail to the address of the purchaser stated in user account of the purchaser in the e-shop or to the address later selected by the purchaser shall be also considered as issuing of the confirmation stated in the sentence above. The purchaser is not authorized without prior consent of the seller to change already made choice of the resolving of the complaint except for the situation, when such choice cannot be done at all or when it cannot be done on time. The purchaser shall take over the goods which was subject of the complaint within 30 days as of the day, when the complaint should have been resolved. After this time, the seller is authorized to demand appropriate fee for the storage of the goods or to sell the goods on its own on behalf of the purchaser. Such process shall be announced in prior to the purchaser and he shall be provided by an appropriate additional time limit for the takeover of the goods. VI. THE QUALITY UPON TAKEOVER AND THE RIGHT ARISING FROM A DEFECTIVE PERFORMANCE The seller hereby declares, that the goods hands over to the purchaser in accordance with the provision of S. 2161 of the Civil Code, i.e.: the thing has the properties stipulated by the parties, and in the absence of such a stipulation such properties which the seller or producer described, or which the buyer expected given the nature of the goods concerned and the advertising presented by the seller or producer, the thing is suitable to be used for the purpose stated by the seller or to which the thing of such kind is usually used, the thing’s quality or design corresponds to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model, the thing has the quantity, measurement or weight, and the thing meets the requirements laid down by legal regulations. If a thing lacks the properties specified above, the purchaser may also require the supply of a new thing without defects, unless it is disproportionate to the nature of the defect, but where the defect only concerns a component part of the thing, the purchaser may only request a replacement of that component part; if it is impossible, he may withdraw from the contract. If, however, it is disproportionate to the nature of the defect, in particular where the defect can be removed without undue delay, the purchaser has the right to have the defect removed gratuitously. Even where a defect is removable, the purchaser is entitled to have a new thing supplied or a component part replaced if he cannot use the thing properly due to the repeated occurrence of the defect after a repair or due to a larger number of defects. In this case, the purchaser shall also have the right to withdraw from the contract. If a purchaser does not withdraw from the contract or he does not exercise his right to have a new defect-free thing supplied, its component part replaced or the thing repaired, he may require a reasonable price reduction. A purchaser also has the right to a reasonable price reduction where the seller cannot supply to him a new defect-free thing, replace a component part of the thing or repair it, as well as where the seller fails to provide for a remedy within a reasonable time or where such a remedy would cause substantial difficulties to the consumer. It is deemed that if the defect is discovered within six months after its handover, the thing was defective already during the handover. VII. COSTS OF COMPLAINTS If the complaint is accepted as an authorized one, the purchaser is entitled to get back the costs related to the exercise of the complaints.. VIII. CONTRACTUAL GUARANTEE OF QUALITY If the seller provided the guarantee of quality above its legal obligations, its exercise shall be governed by this Complaints procedure, especially if the confirmation of the duties of the seller from the defective performance (warrant card) or the contract does not state otherwise. IX. DEFECTIVE PRODUCT LIABILITY OF THE SELLER, WHICH IS FUNDAMENTAL AND NON-FUNDAMENTAL BREACH OF THE CONTRACT The liability of the seller for the defects, which are fundamental or non-fundamental breach of the contract, shall be used for such defects, where the guarantee of quality under art. 5 in the moment of handover is not performed, i.e. only in the case of the contractual quality guarantee. The defect is considered as a fundamental breach of the contract in case, that the purchaser would have not entered in the contract knowing about such defect in the moment of the conclusion of the contract. In all other cases, the defect shall be considered as non-fundamental breach of the contract. Should the defect be a fundamental breach of the contract, the purchaser is authorized to choose whether he wants to deliver a new thing, a repair of the defect, appropriate discount or withdrawal from the contract. If the defect is a non-fundamental breach of the contract, the purchase is authorized to have the thing repaired or to get an appropriate discount. Regardless of the authorization of the claim from the quality guarantee the purchaser has never any claim for the repayment of the reasonable costs related to the application of such claims. X. EXTRAJUDICIAL HANDLING OF DISPUTES In case that the consumer dispute between the seller and the purchaser arises out of the purchase contract or from the contract on providing of services, which cannot be resolved by a mutual agreement, the purchaser may submit the motion for the extrajudicial handling of such dispute to the designated authority for extrajudicial handling of the consumer disputes, which is Česká obchodní inspekce Ústřední inspektorát - oddělení ADR Štěpánská 15 120 00 Praha 2 Email: adr@coi.cz Web: adr.coi.cz The purchaser who concluded the purchase contract using the means of internet communication or through the e-shop, may also use the online platform for resolving of the disputes, which is instituted by the European Commission on the address http://ec.europa.eu/consumers/odr/. Extrajudicial handling of the complaints is secured by the seller through the electronic address objednavky@actionshop.cz. The seller shall send the information on handling of the complaints of the purchaser to the electronic address of the Purchaser selected in the user account of the purchaser in the e-shop or to the electronic address later provided by the purchaser.
