of the business company
Orfeo Office, s.r.o.
with its registered office at: Chelčického 95 / 15
370 01 České Budějovice
registered in the Commercial Register maintained by the Regional Court in České Budějovice, Section C, Insert 7940
Company ID No.: 25176269
VAT ID No.: CZ 25176269
for the sale of goods through the online store located at the internet address: www.orfeoshop.co.uk
1. INTRODUCTORY PROVISIONS
1.1. These Complaint Rules (hereinafter referred to as the “Complaint Rules”) of the business company Orfeo Office, s.r.o., with its registered office at Chelčického 95/15, 370 01 České Budějovice, Company ID No.: 25176269, registered in the Commercial Register maintained by the Regional Court in České Budějovice, Section C, Insert 7940 (hereinafter referred to as the “Seller” or the “Vendor”), regulate the procedure for complaints regarding goods (items) and the assertion of defects in goods (items) purchased from the Seller by another natural person or legal entity (hereinafter referred to as the “Buyer”), and at the same time regulate the Buyer’s rights arising from defective performance in the event that the Buyer is a consumer.
1.2. These Complaint Rules regulate separately the rights and obligations of Buyers acting in their relations with the Seller as consumer Buyers (hereinafter referred to as the “Consumer”), and separately for natural persons or legal entities engaged in business who act when ordering goods within the scope of their business activities (hereinafter referred to as the “Entrepreneur”). Article 2 of these Complaint Rules applies to all Buyers, while Article 3 applies only to Buyers in the position of a Consumer.
2. COMPLAINTS
2.1. This part of the Complaint Rules applies to Consumers and Entrepreneurs.
2.2. The Seller is obliged to deliver the goods in the quantity, quality and design specified in the contract and must pack them or provide them for transport in the manner specified in the contract. If the contract does not specify the quality or design of the goods, the Seller is obliged to deliver the goods in a quality and design suitable for the purpose specified in the contract, or, if such purpose is not specified in the contract, for the purpose for which such goods are usually used. If the contract does not specify how the goods are to be packed or prepared for transport, the Seller is obliged to pack or prepare the goods for transport in the manner usual for such goods in commercial practice or, if such manner cannot be determined, in a manner necessary for the preservation and protection of the goods.
2.3. If the quality or design is determined according to an agreed sample or model, the goods must correspond in quality or design to the sample or model. If the quality or design specified in the contract differs from the sample or model, the contract shall prevail. If the contract and the sample determine the quality or design of the goods differently, though not inconsistently, the goods must comply with both the contract and the sample or model.
2.4. If the Seller breaches the obligations set out in Article 2.2 or Article 2.3 of these Complaint Rules, the goods are defective. Delivery of goods other than those specified in the contract, as well as defects in documents necessary for the use of the goods, shall also be deemed defects in the goods.
2.5. The Seller is liable for a defect that the goods have at the moment when the risk of damage to the goods passes to the Buyer, even if the defect becomes apparent only later. This does not affect the Seller’s obligations arising from a quality guarantee for the goods. The Seller is also liable for any defect arising after the risk of damage has passed to the Buyer if it was caused by a breach of the Seller’s obligations.
2.6. The Buyer is obliged to inspect the goods as soon as possible after the risk of damage to the goods has passed and to verify their properties and quantity.
2.7. By a quality guarantee for the goods, the Seller undertakes in writing that the delivered goods will, for a certain period of time, be fit for use for the agreed purpose, otherwise for the usual purpose, or that they will retain the agreed, otherwise usual, properties. The assumption of a guarantee obligation may result from the contract or from the Seller’s declaration, especially in the form of a warranty certificate or by indicating the warranty period or the period of usability of the item on the packaging or in advertising. If a warranty period different from that stated in the contract or in the Seller’s warranty declaration is indicated, the parties’ agreement shall apply. The warranty period begins on the date of delivery of the goods. The Seller’s liability for defects covered by the quality guarantee does not arise if those defects were caused, after the risk of damage to the goods had passed, by external events and were not caused by the Seller or by persons through whom the Seller performed its obligation. The warranty does not apply to goods handled contrary to the conditions stated in the warranty certificate.
2.8. If delivery of defective goods constitutes a material breach of contract, the Buyer has the right:
a) to have the defect remedied by delivery of new defect-free goods or by delivery of the missing goods,
b) to have the defect remedied by repair of the item,
c) to a reasonable discount on the purchase price,
d) to withdraw from the contract.
The Buyer shall inform the Seller of the right chosen when notifying the defect or without undue delay after notifying the defect. The Buyer may not change the choice made without the Seller’s consent; this does not apply if the Buyer requested repair of a defect that proves to be irreparable. If the Seller does not remedy the defects within a reasonable period of time, or notifies the Buyer that it will not remedy the defects, the Buyer may request a reasonable discount on the purchase price instead of remedying the defect, or may withdraw from the contract.
If the Buyer does not notify the choice of the claim within the period stated above, the Buyer shall have claims arising from defects in the goods as in the case of a non-material breach of contract (Article 2.9 of the Complaint Rules).
2.9. If defective performance constitutes a non-material breach of contract, the Buyer has the right to have the defect remedied or to a reasonable discount on the purchase price.
Until the Buyer exercises the right to a discount on the purchase price or withdraws from the contract, the Seller may deliver what is missing or remedy a legal defect. The Seller may remedy other defects at its discretion either by repairing the goods or by delivering new goods; the choice must not cause the Buyer unreasonable costs.
If the Seller does not remedy the defect in the goods in time or refuses to remedy the defect, the Buyer may request a discount on the purchase price or may withdraw from the contract. The Buyer may not change the choice made without the Seller’s consent.
2.10. Until the defect is remedied, the Buyer does not have to pay the part of the purchase price that reasonably corresponds, by estimate, to the Buyer’s right to a discount.
2.11. Upon delivery of new goods, the Buyer shall return the originally delivered goods to the Seller at the Seller’s expense.
2.12. The Buyer may not withdraw from the contract or request delivery of a new item if the item cannot be returned in the condition in which it was received. This does not apply if:
a) the condition changed as a result of inspection for the purpose of determining a defect in the goods,
b) the Buyer used the goods before discovering the defect,
c) the Buyer did not cause the impossibility of returning the goods unchanged by act or omission, or
d) the Buyer sold the goods before discovering the defect, consumed them, or altered the goods in the course of normal use; if this occurred only in part, the Buyer shall return to the Seller what can still be returned and shall further compensate the Seller to the extent of the benefit derived from the use of the goods.
2.13. If the Buyer fails to notify the defect in the goods in time, the Buyer loses the right to withdraw from the contract.
2.14. If the Buyer fails to notify the defect without undue delay after the Buyer could have discovered it by timely inspection and sufficient care, the court shall not grant the Buyer rights arising from defective performance. In the case of a hidden defect, the same applies if the defect was not notified without undue delay after the Buyer could have discovered it with sufficient care, but no later than two years after delivery of the item.
The court shall take the effects under the previous paragraph into account only if the Seller raises the objection that the defect was not notified in time. However, the Seller has no right to raise such objection if the defect is the result of a fact that the Seller knew or should have known at the time of delivery of the item.
3. SPECIAL PROVISIONS FOR CONSUMER COMPLAINTS
3.1. This part of the Complaint Rules applies only if the Buyer is in the position of a Consumer.
3.2. The Buyer has the right to withdraw from the Purchase Contract in writing without stating any reason and without any penalty under the conditions and within the periods stated in the Terms and Conditions and in the notice on the right to withdraw from the contract, which forms part of the Terms and Conditions.
3.3. The rights and obligations of the contracting parties regarding the Seller’s liability for defects, including the Seller’s warranty liability, are governed by the relevant generally binding provisions of the Civil Code.
3.4. The Seller is liable to the Buyer for ensuring that the item is free from defects upon acceptance. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the goods:
a) the goods have the properties agreed by the parties, and if there is no such agreement, such properties as the Seller or the manufacturer described or as the Buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them,
b) the goods are fit for the purpose stated by the Seller for their use or for which goods of this kind are usually 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 in the appropriate quantity, measure or weight, and
e) the goods comply with the requirements of legal regulations.
If a defect becomes apparent within six months of acceptance, the goods shall be deemed to have been defective already upon acceptance.
3.5. If the nature of the purchase allows it, the Buyer has the right to have the item checked in the Buyer’s presence or to have its functions demonstrated.
3.6. The Buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within 24 months of acceptance. If the period during which the item may be used is indicated on the goods sold, on their packaging, in the instructions attached to the packaging, or in advertising, in accordance with other legal regulations, the provisions of generally binding legal regulations and these Complaint Rules concerning a quality guarantee shall apply.
3.7. If the Buyer requests it, the Seller shall confirm to the Buyer in writing the extent and duration of the Seller’s obligations in the event of defective performance. The Seller has obligations arising from defective performance to the extent to which the manufacturer’s obligations arising from defective performance continue. In the confirmation, the Seller shall also state its name, registered office and identifying details, or other data necessary to establish its identity. If necessary, the Seller shall explain in the confirmation, in an understandable manner, the content, scope, conditions and duration of its liability as well as the manner in which the rights arising from it may be exercised. In the confirmation, the Seller shall also state that the Buyer’s other rights related to the purchase of the item remain unaffected. The confirmation may be replaced by proof of purchase of the item containing the stated particulars.
3.8. The provisions of Article 3.6 of these Complaint Rules shall not apply:
a) to goods sold at a lower price for a defect for which the lower price was agreed,
b) to wear and tear of goods caused by their usual use,
c) in the case of used goods, to a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the Buyer, or
d) if it follows from the nature of the goods.
3.9. Unless the goods are perishable items or used items, the Seller is liable for defects that appear as a discrepancy with the Purchase Contract after acceptance of the item during the warranty period (warranty).
3.10. If the goods do not have the properties specified in Article 3.4 of these Complaint Rules, the Buyer may also request delivery of new defect-free goods, unless this is disproportionate with regard to the nature of the defect; however, if the defect concerns only a part of the goods, the Buyer may request only replacement of that part. If this is not possible, the Buyer may withdraw from the contract. However, if this is disproportionate with regard to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to free removal of the defect.
The Buyer also has the right to delivery of new goods or replacement of a part in the case of a removable defect if the Buyer cannot properly use the item because of repeated occurrence of the defect after repair or because of a greater number of defects. In such a case, the Buyer also has the right to withdraw from the contract.
If the Buyer does not withdraw from the contract or does not exercise the right to delivery of new defect-free goods, replacement of a part, or repair of the goods, the Buyer may request a reasonable discount. The Buyer also has the right to a reasonable discount if the Seller cannot deliver new defect-free goods, replace a part, or repair the goods, as well as if the Seller fails to provide a remedy within a reasonable time or if providing a remedy would cause the Consumer considerable difficulties.
3.11. The Buyer is not entitled to rights arising from defective performance if the Buyer knew before taking over the item that the goods had a defect, or if the Buyer caused the defect.
3.12. If the goods have a defect for which the Seller is liable, and the goods are sold at a lower price or are used goods, the Buyer has the right to a reasonable discount instead of the right to replacement of the item.
3.13. The Buyer shall exercise the Buyer’s rights arising from the Seller’s liability for defects, including the Seller’s warranty liability, with the Seller at its registered office. The moment of making a complaint shall be deemed to be the moment when the Seller received the complained goods from the Buyer. The Buyer shall deliver the goods to the Seller at the Buyer’s own expense and risk. This does not affect any mandatory provision of generally binding legal regulations. When making a complaint, the Buyer is obliged to describe the defect in detail, prove that the goods were purchased from the Seller, in particular by an invoice signed by the Seller, submit the warranty certificate if one was issued, and state what method of settlement of the complaint the Consumer requires. The Seller is obliged to issue the Buyer with written confirmation of when the Consumer exercised the right, what the content of the complaint is, and what method of settlement of the complaint the Buyer requires; and further confirmation of the date and method of settlement of the complaint, including confirmation of repair and its duration, or written justification for rejection of the complaint. The Seller or an employee authorized by the Seller shall decide on the complaint immediately, in complex cases within three working days. This period does not include a time appropriate, according to the type of product or service, necessary for professional assessment of the defect. The complaint, including removal of the defect, must be settled without undue delay, no later than within 30 days from the date the complaint was made, unless the Seller agrees with the Consumer on a longer period. Expiry of this period without settlement shall be deemed a material breach of contract.
4. FINAL PROVISIONS
4.1. If any provision of the Complaint Rules is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions. Amendments and supplements to the Purchase Contract or the Complaint Rules must be made in writing.
4.2. If any provision of these Complaint Rules conflicts with a mandatory provision of generally binding legal regulations, such provision of these Complaint Rules shall be disregarded.
4.3. Seller’s contact details for the purpose of complaints or asserting rights arising from defects – registered office: Orfeo Office s.r.o., Chelčického 95, 370 01 České Budějovice; e-mail address: info@orfeoshop.com
