Complaints Code

1. What defects are we responsible for?

1.1. As the seller, we are responsible for ensuring that the goods you ordered have been delivered to you and that the goods are free from defects on receipt. This means that the goods on receipt are in particular:

• conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
• is suitable for the purpose for which you require it and which we have agreed ;
• is supplied with the agreed accessories and instructions for use, including assembly or installation instructions.

We are not responsible for defects that occur after the goods have been received.

If a defect becomes apparent within one year of acceptance, the item shall be deemed to have been defective upon acceptance, unless the nature of the item or the defect precludes it.

1.2. We further reply that the goods, in addition to the agreed characteristics:

• is appropriate to the purpose for which the item is normally used, including with regard to the rights of third parties, legislation, technical standards or industry codes of practice, if there are no technical standards;
• the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual characteristics of items of the same kind that you can reasonably expect, including with regard to our public statements, in particular advertising or labelling;
• is supplied with accessories, including packaging, assembly instructions and other instructions for use that you can reasonably expect;
• corresponds in quality or workmanship to the sample or sample we provided to you before the contract was concluded.

We do not provide any guarantee of quality beyond the statutory period for consumers to complain of a defect.

1.3. Differences in colour shades in reality and on electronic display devices cannot be considered as a defect of the goods. If the goods do not correspond to your idea, you have the right to withdraw from the contract within 14 days of receipt of the goods in accordance with Article 6 of the General Terms and Conditions.

2. At what time can you reproach the defect?

2.1. In the case of unused consumer goods, the buyer may complain about a defect that appears in the goods within two years of receipt of the goods, unless a longer period is specified on the web interface, in the documents accompanying the goods or in the advertisement.

In the case of used goods, the buyer may complain about a defect that becomes apparent within one year of receipt of the goods.

2.2. If the goods have a minimum durability date or, in the case of perishable goods, a period of time for which the goods may be used, the warranty period lasts until such date.

2.3. In the event that the goods are replaced or repaired, there is no new period for the new goods or the replaced parts and spare parts. However, in such a case, the reproof period is extended by the period of time during which you have been unable to use the goods due to the defect, i.e. in particular the period of time during which the goods are under repair.

3. What rights do you have from defective performance?

3.1. Your rights arising from defective performance are governed by the Civil Code, in particular Sections 2099 to 2117, as well as Sections 2165 to 2174b. The provisions of Sections 2106 and 2107 on rights of defective performance do not apply.

3.2. In particular, you are entitled to the following rights in accordance with the above provisions:

a) Exchange of goods

You may always request the replacement of the goods due to the existence of a defect upon receipt of the goods, unless the chosen method of removing the defect is impossible or unreasonably costly compared to repairing the goods; this shall be assessed in particular with regard to the significance of the defect, the value that the goods would have had without the defect and whether the defect can be removed by repair without significant difficulties for the buyer.

b) Fixing things

If the goods can be repaired, you are entitled to have the defect rectified free of charge. If during the course of the complaint procedure it becomes apparent that we are unable to repair the goods or that the repair is unreasonably expensive, particularly in view of the significance of the defect and the value that the item would have had without the defect, we are entitled to inform you of the refusal to repair. In such a case, we will inform you immediately and you may choose another method of dealing with the claim as set out here.

c) Discount on the purchase price

If there was a defect in the goods when you received them, you may claim a reasonable discount on the purchase price if:

• we have refused to remedy the defects or have not remedied them within a reasonable time or without significant inconvenience to the purchaser;
• we are unable to rectify the defect which prevents you from using the goods properly or we are unable to replace the goods with the defect (e.g. the goods are no longer manufactured); or
• you cannot use the goods properly due to the recurrence of the defect after repair (the occurrence of the same defect after at least two previous repairs);
• the defect is a material breach of contract;
• the goods are subject to multiple defects (simultaneous occurrence of at least three avoidable defects, each of which prevents the goods from being used properly); or
• it is clear from our statement or the circumstances that the defect will not be rectified within a reasonable time (at the latest within 30 days of the claim) or without significant inconvenience to the purchaser.

The reasonable discount is determined as the difference between the value of the item without defect and the defective item received by the buyer.

d) Refund (withdrawal)

You can only claim a refund if:

• if we have refused to remedy the defect or have not remedied it within a reasonable time or without significant inconvenience to the buyer;
• we are unable to rectify the defect which prevents you from using the goods properly or we are unable to replace the goods with the defect (e.g. the goods are no longer manufactured); or
• you cannot use the goods properly because of the recurrence of the defect after repair (the recurrence of the same defect after at least two previous repairs); or
• the defect is a material breach of contract;
• the goods are subject to multiple defects (simultaneous occurrence of at least three removable defects, each of which prevents the proper use of the goods);
• it is apparent from our statement or the circumstances that the defect will not be remedied within a reasonable time (not later than 30 days from the date of the claim) or without significant inconvenience to the purchaser; or
• the defect was caused by incorrect assembly or installation which was carried out by us or under our responsibility under the contract; or if the defect was caused by a defect in the instructions we provided you with the goods.

You do not have the right to withdraw from the contract if the defect is insignificant.

3.3. As a condition for the exchange of goods or refund (withdrawal), you must return the item in the same condition as you received it. Exceptions are if:

1. there has been a change in the condition as a result of an inspection to determine the defect;
2. you used the item before the defect was discovered;
3. you have not caused the impossibility of returning the item in its unaltered condition by your act or omission; or
4. you have sold the item before the defect was discovered, consumed it or altered it in the course of normal use; if this has happened only in part, you shall return to us what you can still return and compensate us to the extent that you have benefited from the use of the item.

4. When can the rights from defective performance not be exercised?

4.1. You are not entitled to the rights of defective performance if:

• you have caused the defect yourself, in particular by mechanical damage to the goods; or
• the defect occurred after the item was taken over;
• the warranty period has expired.

4.2. Warranty and liability claims do not apply to:

• wear and tear caused by normal use of the goods (wear and tear caused by use includes a reduction in the capacity of batteries and accumulators);
• defects in the used item corresponding to the level of use or wear and tear the goods had when you took them over; or
• goods, if this is apparent from their nature (in particular goods which by their nature cannot last for the entire duration of the warranty period).

For items sold at a lower price, we are not liable for the defect for which the lower price was agreed.

We are not liable for injury to persons or damage to property and goods caused by improper handling or misuse of goods or negligence.

5. How do I make a complaint?

5.1. You must file a claim with us without undue delay after the defect has been discovered.

5.2. Complaints are accepted at our headquarters. For the fastest possible handling of your claim, we recommend using our headquarters at the above address.

If you are interested in repairing an item and the certificate of the duration of the rights from the defective performance (warranty certificate) indicates a person designated for repair, you are obliged to file a claim with this person. You are only obliged to do this if this person is located at the same place as us or at a place closer to you.

5.3. Recommended complaint procedure:

• for faster processing, you can inform us in advance by e-mail or in writing;
• we advise to use our complaint protocol;
• at the same time, it is advisable to inform us about what right you have chosen from the defective performance, i.e. whether you are interested in a discount on the purchase price, replacement of the goods, repair of the item, refund of money, or other rights in accordance with these Complaints Regulations and the Civil Code;
• deliver the claimed goods to us together with the claim or subsequently (otherwise than by cash on delivery, which we do not accept) to the address of the registered office (or to the address of the person designated for repair), while sending the goods we recommend to pack them in suitable packaging so that they are not damaged or destroyed;
• Complained goods cannot be sent back COD;
• to facilitate the procedure, it is advisable to attach a proof of purchase or a tax document – invoice, if issued, or other document proving the purchase of the goods, together with a description of the defect and a proposal on how to resolve the complaint.

Failure to comply with any of the above steps or failure to submit any of the above documents shall not preclude the positive settlement of the claim under the statutory conditions.

5.4. The moment of filing a claim is the moment when we are notified of the defect.

5.5. When you make a claim, we will issue you with a written confirmation that includes the date of the claim, what is the content of the claim, what method of handling the claim you require and your contact details for the purpose of providing information about the handling of the claim.

5.6. Complaints, including the removal of defects, are handled within 30 days from the date of the complaint, unless a longer period is agreed with you in a particular case. We will inform you within this period of time regarding the settlement of the claim, including the manner in which it will be settled.

5.7. If you choose a right that cannot be granted for objective reasons (in particular in the case of irreparable defects or in the case of replacement of goods that is not possible), we will contact you immediately. In such a case, you may choose another right in accordance with this Complaints Procedure.

5.8. After the claim has been settled, we will issue you with a confirmation of the date and method of settlement of the claim, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of the claim.

5.9. In accordance with the Civil Code, you have the right to reimbursement of the costs reasonably incurred in claiming the goods. Please note that you must exercise your right to reimbursement of these costs within one month after the expiry of the period within which the defect must be complained about.

This Complaints Procedure is valid and effective from October 25, 2023.