I. Introductory Provisions
1. OBZOR, Manufacturing Co-operative Zlín, with its registered office at Na Slanici 378, postcode 763 02, company reg. No.: 00030988, registered with the Regional Court in Brno under file No. DrXXXVIII, insert 510 (hereinafter referred to as the "Seller"), operates the online store.
2. This Return and Refund Policy outlines the rights and obligations related to the exercise of the right to claim defective performance (hereinafter referred to as "Claim"). This Return and Refund Policy is exclusively applicable to consumers, i.e., individuals who, outside the scope of their business activities or independent professional pursuits, enter into a contract with a trader or otherwise transact with them (hereinafter referred to as the "Buyer").
3. The version of this Return and Refund Policy published on the Seller's website on the day of the electronic order's dispatch by the Buyer will be binding. Relationships not governed by this Return and Refund Policy will be governed by Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection, as amended.
4. This Return and Refund Policy constitutes an integral part of the concluded purchase contract.
II. Defects of Goods
1. The Seller warrants to the Buyer that the goods are free from defects upon receipt. In particular, the Seller warrants to the Buyer that at the time of receipt,
a) the goods possess the qualities agreed upon by the parties; in the absence of agreement, they possess the qualities described by the Seller or manufacturer or which the Buyer expected given the nature of the goods and based on the advertising carried out by them,
b) the goods are fit for the purpose stated by the Seller or for the usual purpose for which goods of this kind are used,
c) the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
d) the goods are of the appropriate quantity, measure, or weight, and
e) the goods comply with legal requirements.
2. If a defect becomes apparent within twelve months of the goods being received by the Buyer, it will be presumed that the goods were defective at the time of receipt.
III. Rights Arising from Defective Goods
1. If the goods lack the above-mentioned qualities, the Buyer may also demand the delivery of a new defect-free item, unless this is unreasonable due to the nature of the defect. However, if the defect concerns only a part of the goods, the Buyer may demand only the replacement of the part. If this is not possible, the Buyer may withdraw from the contract.
2. If, however, rectification of the defect is unreasonable due to the nature of the defect, especially if the defect can be remedied promptly, the consumer will have the right to free defect rectification.
3. The Buyer has the right to request the delivery of a new item or the replacement of a part even in the case of a removable defect if the Buyer cannot use the item properly due to recurring defects after repair or due to a larger number of defects. In such a case, the Buyer also has the right to withdraw from the contract.
4. If the Buyer does not withdraw from the contract or does not exercise the right to receive a new defect-free item, replacement of its part, or repair of the item, the Buyer may demand a reasonable discount. The Buyer is entitled to a reasonable discount even if the Seller cannot provide a new defect-free item, replace its part, or repair the item, or if the Seller fails to rectify the defect within a reasonable time, or if rectifying the defect would cause significant inconvenience to the Buyer.
5. The Buyer is not entitled to exercise the right arising from defective performance if the Buyer knew about the defect before taking possession of the goods or if the Buyer caused the defect.
6. The Buyer is entitled to exercise the right arising from a defect that occurs within twenty-four months of receipt. This does not apply in the following cases:
a) for goods sold at a reduced price due to a defect for which the reduced price was agreed,
b) for wear and tear caused by normal use,
c) for used goods, for defects corresponding to the extent of use or wear the goods had at the time of receipt by the Buyer,
d) if it arises from the nature of the goods,
e) if the Buyer knew about the defect before taking possession of the goods or if the Buyer caused the defect,
f) for defects evidently caused by transportation (e.g., broken glass frames).
7. The Seller provides the Buyer with a 24-month warranty for the quality of the goods, committing that the goods will be fit for their usual purpose or will maintain their typical characteristics during this period. If the contract and warranty statements specify different warranty periods, the longest period will apply.
8. The warranty period starts upon the delivery of the goods to the Buyer; if the goods are dispatched according to the contract, the period starts upon the goods' arrival at the designated location.
IV. Other Provisions
1. The Seller's liability for defects does not apply to wear and tear caused by normal use, to goods sold at a reduced price due to a defect for which the reduced price was agreed, to used goods for defects corresponding to the extent of use or wear the goods had at the time of receipt by the Buyer, or if it arises from the nature of the goods.
2. Upon the Buyer's request, the Seller will provide the Buyer with written confirmation of obligations arising from defective performance, as well as rights under the warranty and other conditions for exercising these rights, in the scope determined by law. The confirmation will include the business name, company reg. number, and registered address of the Seller. If the nature of the goods allows, the Buyer's purchase document (invoice) containing the above-mentioned details will suffice instead of such confirmation.
3. In the event of contract termination due to the exercise of rights arising from liability for defects, the Buyer will return the performance provided by the Seller only to the extent that it is objectively possible in the given situation.
V. Claim Settlement
1. If the Buyer chooses to have defects of the goods rectified by repair, and for the purposes of repairs, a person different from the Seller, whose registered address is in the same place as the Seller or closer to the Buyer, is designated, the Buyer will exercise the right to repair through the person designated by the Seller. This information can be found in the document replacing the confirmation referred to in Article IV.2. of this Return and Refund Policy.
2. The Seller or an authorized employee will decide on the Claim immediately, and in complex cases, within three working days. The time necessary for expert assessment of the defect based on the type of product or service will not be included in this period. A Claim, including defect rectification, must be resolved promptly, no later than 30 days from the date of Claim submission, unless the Seller and the Buyer agree on a longer period. Failure to meet this deadline is considered a material breach of the contract.
3. The consumer's Claim is deemed to have been submitted at the moment when the consumer's intention to exercise rights arising from defective performance is conveyed to the Seller, independently of the time when the consumer handed over the defective goods to the Seller. The running of the Claim settlement period is suspended if the Seller does not receive all the documents necessary for Claim settlement (goods purchase documents, precise description of the defect, parts of the goods). The Seller must promptly request additional documents from the Buyer. The period is suspended from this moment until the requested documents are delivered by the Buyer. The consumer may prove the purchase by means other than sending a purchase document, such as a bank account statement.
4. In cases where it is necessary to send the goods to the Seller, the Buyer should ensure that the goods are packed in suitable and adequately protective packaging materials meeting transport requirements, including potential transport of fragile goods, and should mark the package with relevant symbols if objectively necessary. If the claimed goods are sent by cash-on-delivery, the Seller will not accept the delivery.
5. After a Claim has been properly settled, the Seller will ask the Buyer to collect the rectified goods.
6. The right to invoke the warranty expires in cases of improper installation or improper commissioning of the goods, as well as improper handling of the goods, especially using the goods under conditions that do not correspond to the parameters specified in the product documentation.
7. Paid repairs apply when a product is claimed after the warranty period has expired, or if the defect was caused by the Buyer, or if the defect was caused by factors not covered by the warranty conditions. In such cases, the Buyer will be informed in advance that the repair will be carried out at their expense, including compensation for packing and postage. The price of the repair itself will be communicated to the Buyer in advance by phone or email. If the repair price is not approved, the goods will be returned to the customer without repair, and packing and postage charges will apply.
VI. Claims with the Carrier - Damaged Shipments due to Transportation
In cases where damage or loss of the shipped contents is discovered only after the package is opened, the package should be left in the state it was received and taken to any post office in the Czech Republic, where a report of damage will be drawn up. Not only the damaged item but also everything it was packed with should be presented, including internal packaging, external packaging (box), and, if applicable, any wrapping material.
It is advisable to report damage as soon as possible, ideally within two working days after delivery. Submitting the package later may affect the assessment of liability for the damage. The Claim settlement period for damage is 15 days from the submission of the claim for compensation, i.e., from the time when the recipient or sender quantifies the damage to the content.
Please submit your Claim at the place where you purchased the goods. If you purchased the product directly from OBZOR Zlín, fill out the Claim Form and send the goods along with a copy of the invoice to the following address:
OBZOR, Manufacturing Co-operative Zlín (Zlín-Louky plant)
Return and Refund Department
Růžová 288, 763 02 Zlín
Contact person: Jana Obdržálková / firstname.lastname@example.org