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Complaint Conditions applies to the sale of goods by the company: MITO LIGHT Europe s.r.o., Co. Reg. No.: 19380879, VAT No.: CZ19380879, with registered office at Simerova 428/3, 301 00 Pilsen, Czech Republic (hereinafter referred to as the "Seller").
1. Basic provisions
The Seller shall be liable to the Buyer that the item is free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took over the item:
the item has the characteristics agreed between the parties and, in the absence of such an agreement, those described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the seller's and/or manufacturer's advertising
the item is fit for the purpose for which the seller states it is to be used or for which an item of that kind is normally used;
the item is in the appropriate quantity, measure or weight
the item complies with the requirements of the legislation.
The buyer is obliged to inspect the goods being taken over from the seller, their completeness and the integrity of the packaging.
Upon receipt from the carrier, the Buyer shall duly inspect the condition of the goods to be received, their completeness and the integrity of the packaging as specified in the bill of lading.
2. Quality guarantee
The Seller undertakes that the goods delivered will, unless otherwise stated, in the case of consumer relations for a period of 36 months, be fit for their usual purpose and retain their usual characteristics (warranty). A consumer is any natural person who, outside the scope of his business activity or the independent exercise of his profession, concludes a contract with a seller who is an entrepreneur. The seller provides a guarantee to a buyer who is not a consumer (i.e. for a business) if this is expressly stated for the goods.
The warranty does not cover:
(a) wear and tear from normal use of the goods,
(b) the loss of life of the goods as a result of excessive use beyond the intended use or purpose of the goods, and as a result of improper care and use contrary to the stated purpose; and
(c) in the case of second-hand goods, for a defect corresponding to the degree of use or wear and tear which the goods had when they were taken over by the buyer.
If personal collection at the place of collection or delivery by the Seller is the method of delivery of the goods, the warranty period shall commence at the time of the transfer of risk; if dispatch by carrier is the method of delivery, the warranty period shall commence when the goods reach their destination.
The warranty period runs from the time the claim is made until the time when the buyer is obliged to take delivery of the goods after the claim has been settled. If the claim procedure results in the replacement of the claimed goods, the warranty period starts again from the receipt of the new goods. In case of replacement of a defective part, the new warranty period applies only to the replaced part of the sale.
Article 3 of the Complaints Procedure shall apply mutatis mutandis to the notification of a defect covered by the warranty and the complaint procedure.
The Seller shall not be liable for damage caused by any improper or inappropriate use of the products and goods or by unreasonable demands made on the goods or by unprofessional handling. Furthermore, it shall not be liable for damage caused by normal wear and tear.
3. Method of making a claim
The Buyer's rights arising from defective performance (hereinafter referred to as "claim") must be exercised in accordance with this Claims Procedure.
The Buyer shall have the right to make a claim with the Seller at any premises where the claim can be accepted, including, where applicable, at the Seller's registered office.
The Seller is obliged to ensure the presence of an employee authorised to receive complaints at all times during business hours.
The Buyer has the right to lodge a claim with the person designated in the relevant warranty and/or tax document, if the designated person is at the Seller's location or at a location closer to the Buyer.
The Buyer is obliged to prove the date of purchase of the goods in question in the event of a claim, in particular by presenting the relevant tax receipt and/or warranty certificate or in any other credible way.
The Buyer shall not be entitled to claim for a defect that has already been claimed in the past, provided that a reasonable discount has been granted on the purchase price of the goods in question.
4. Time limits for making and settling a complaint
If the Seller has provided a quality guarantee in excess of the statutory obligations (in particular the statutory time limit), the claim shall be governed by this Claims Procedure, unless the warranty card or the contract provides otherwise.
The time limit for making a claim shall commence on the date of receipt of the goods by the Buyer, which is stated on the tax receipt or on the warranty certificate or other such document.
The warranty period for consumers is 36 months for new goods.
The Seller provides a warranty to a Buyer who is not a consumer (i.e. for a business) where this is expressly stated for the Goods.
In the case of consumer goods, the Buyer shall only be entitled to exercise the right to claim for defects up to the date marked on the packaging of such goods, if this period is shorter than the period specified in paragraph 4.3 of this Complaints Procedure.
The Buyer is obliged to claim the goods without undue delay after discovering that the goods are defective. The Seller shall not be liable for any increase in the extent of the damage if the Buyer uses the goods although he is aware of the defect.
If the Buyer makes a legitimate claim, the period for making a claim does not run while the goods are under repair and the Buyer cannot use them.
The Seller is obliged to decide on the complaint immediately, in more complex cases within 5 working days. This time limit does not include the time required for a professional assessment of the defect. The Seller is obliged to issue the Buyer with a written confirmation stating the date and place of the claim, the characteristics of the defect complained of, the requested method of settlement of the claim and the manner in which the Buyer will be informed of its settlement. The complaint, including the removal of the defect, must be settled without undue delay, at the latest within 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiry of this time limit in vain shall be considered a material breach of contract. The seller is obliged to confirm to the buyer in writing the method of settlement of the complaint and the duration of the complaint. The Buyer is not entitled to change the method of handling the complaint once chosen without the Seller's consent, except if the chosen method of handling cannot be implemented at all or in time.
If the claim is deemed justified, the Buyer is entitled to reimbursement of the costs reasonably incurred in connection with the claim.
If the complaint is resolved by replacement of the goods, a new time limit for exercising rights under the defective performance does not run, but the time limit of the goods complained of continues to run.
5. Exceptions to liability for defects
The Seller shall not be liable for defects in the goods in the following cases:
if the goods are defective at the time of acceptance and a discount on the purchase price is agreed for such defect;
it is caused by the Buyer and is caused by improper use, storage, improper maintenance, Buyer's intervention or mechanical damage to the goods;
the defect in the goods is due to wear and tear caused by normal use or is due to the nature of the goods;
if the goods are second-hand and the defect corresponds to the level of use or wear and tear that the goods had at the time the buyer took delivery of the goods;
mechanical damage to the goods;
the defect has been caused by improper installation, handling, operation or neglect of the goods;
unqualified intervention or alteration of parameters;
use of the goods in conditions which do not correspond to the temperature, dustiness, humidity, chemical and mechanical environment intended by the seller or manufacturer;
damage due to force majeure.
6. Final provisions
In relation to the fulfilment of the obligation pursuant to §14 of Act No. 634/1992 Coll., the Seller shall inform the Buyer of the possibility to use the Czech Trade Inspection Authority (www.coi.cz), which is a notified body for out-of-court settlement of consumer disputes listed by the European Commission, for any out-of-court settlement of consumer disputes.
These Complaint Conditions and parts hereto come into force and effect on 1.7.2023.