Complaints and returns of goods
Order cancellation and withdrawal
The buyer may withdraw from the contract within 30 days of receipt of the goods or the last part of the delivery, regardless of the method of receipt of goods or payment. That period is intended to enable the purchaser to become familiar with the nature, characteristics and functionality of the goods to a reasonable extent.
The Buyer is entitled to withdraw from the contract at any time prior to delivery of the goods.
The Buyer shall send or hand over the withdrawal to the Seller within 30 days. The buyer need not state the reason for withdrawing from the contract. To facilitate communication, it is advisable to indicate in the withdrawal the date of purchase or the number of the contract / sales document, bank connection and the chosen method of returning the goods.
The seller is obliged to return to the buyer the amount fully corresponding to the price of the goods and the paid costs for its delivery within 14 days from the withdrawal from the contract, in the same way as the payment from the buyer. If the seller offers several options within a certain method of delivery, he is obliged to replace the cheapest one with the buyer. The buyer is obliged to send or hand over the purchased goods to the seller within the same time limit. Goods should be returned to the seller (not cash on delivery) complete, preferably in the original packaging, there must be no signs of wear or damage. The buyer bears the cost of returning the goods.
The seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that the goods sent to the seller.
If the returned goods are damaged by a breach of the buyer's obligations, the seller is entitled to claim against the buyer the compensation for the reduction of the value of the goods and set it off against the refunded amount.
Exceptions: The right of withdrawal may not be exercised in contracts for the supply of digital content if not delivered on a tangible medium or in service contracts, in both cases provided that this has been done with the Buyer's prior express consent before the withdrawal from the contract; contracts for the supply of services or goods (including alcoholic beverages), the price of which depends on fluctuations in the financial market, irrespective of the seller's will; in the case of contracts for the supply of goods adapted to the buyer's wish or for his person and in the case of contracts for perishable goods, goods which have been irreversibly mixed with other goods, or removed from sealed packaging and cannot be returned for hygiene reasons; in the case of the supply of audio or video recordings or computer programs, if the buyer has breached their original packaging; for the supply of newspapers, magazines or other periodicals; for contracts for accommodation, transport, meals or the use of leisure provided at a specified date or for contracts concluded on the basis of a public auction pursuant to the law governing public auctions. The Seller is entitled to withdraw from the contract at any time prior to the delivery of the goods, unless it is objectively able for reasons on the part of third parties to deliver the goods to the Buyer within a reasonable time and / or if it becomes apparent that the Buyer has breached a previously concluded contract with the Seller.
At the same time, the seller warns the buyer that the contract is not concluded if there are justified doubts about the true identity of the buyer or in case of obvious errors in the information about the goods or price.
La Boheme Cafe
Vítkov, 749 01
Rights and obligations from defective performance
Quality at takeover
If the goods received have deficiencies (eg they do not have agreed or legitimately expected properties, do not fit for usual or agreed purpose, are not complete, do not correspond to their quantity, measure, weight, or quality do not correspond to other legal, contractual or pre-contractual parameters) defects of goods for which the seller is responsible.
The Buyer may claim from the Seller no less than two years from the receipt of the goods, as required, free removal of the defect or a reasonable discount from the price; if it is not disproportionate to the nature of the defect (especially if the defect cannot be removed without undue delay), the requirement to deliver a new item without defects or a new component without defects can be applied, if the defect concerns only this component.
If repair or replacement of the goods is not possible, the buyer may require the full refund of the purchase price upon withdrawal.
Within six months of receipt of the goods, it is assumed that the defect of the goods already existed upon receipt of the goods.
The Seller shall not be obliged to comply with the Buyer's claim if it proves that the Buyer knew about the defect of the goods or caused it before taking over the goods.
In the case of second-hand goods being sold, the seller is not responsible for defects corresponding to the extent of previous use or wear. For items sold at a lower price, the seller is not responsible for the defect for which the lower price was agreed. In these cases, the buyer has the right to a reasonable discount instead of the right to exchange.
Legal rights from defects
The Seller is liable for defects arising after receipt of goods within the 24-month warranty period or within the expiry date stated in the advertisement, on the packaging of the goods or in the attached instructions.
Within this period, the Buyer may file a claim and, at its option, require a defect that constitutes a material breach of contract (regardless of whether the defect is removable or unrecoverable):
Significant is a breach of contract that the breaching party already knew or must have known at the time of the conclusion of the contract if the other party had not foreseen the breach.
In the case of a defect that represents an insignificant breach of the contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to remedy the defect or a reasonable discount on the purchase price.
If the removable defect occurred repeatedly after the repair (third complaint for the same defect or the fourth for different defects) or if the goods have a number of defects (at least three defects at the same time), the buyer can claim the discount on the purchase price, .
The seller is not responsible for defects caused by normal wear and tear or failure to observe the instructions for use.
The buyer is obliged to file a complaint with the seller or the person to be repaired without undue delay after finding the defect. If he / she does so in writing or electronically, he / she should provide his / her contact details, a description of the defect and a request for how to handle the claim.
The Buyer is obliged to inform the Seller of the right he / she has chosen at the time of the defect notification or without undue delay after the defect notification. A change of choice without the seller's consent is possible only if the buyer asked for repair of the defect, which proves to be irremovable.
If the buyer does not choose his right from a substantial breach of contract in time, he has the rights as in a minor breach of contract.
The buyer is obliged to prove the purchase of goods (preferably by proof of purchase). The deadline for handling the complaint runs from the moment of claiming (notification) of the complaint. The Buyer shall deliver or deliver the goods to the Seller or to the place to be repaired at the same time or subsequent to the claim. The goods should be packed in suitable packaging during transport to avoid damage, clean and complete.
The Seller is obliged to promptly, within three working days at the latest, to decide on the complaint or, if necessary, on the need for expert judgment. It shall inform the Buyer of the need for expert judgment within this period. The Seller shall settle the claim, including the removal of the defect, without undue delay, at the latest within 30 days of its application, unless they agree in writing with the Buyer on a longer period. After this period, the Buyer has the same rights as if it were a material breach of contract.
If the seller refuses to eliminate the defect, the buyer may request a reasonable discount on the price or withdraw from the contract.
The warranty period is extended by the time from the claim to its settlement or until the time when the buyer was obliged to pick up the item. If the goods or part of them are exchanged, the seller's liability shall apply as if it were a purchase of new goods or part thereof.
If it is not possible to monitor the status of the complaint online, the seller undertakes to inform the buyer of the complaint by e-mail or via SMS.
In the case of a justified complaint, the buyer is entitled to compensation for the costs expediently incurred.