1. MAIN CONDITIONS

1.1 It is necessary to make a complaint without undue delay, as soon as the defect has been discovered. Any delay in the continued use of the goods may cause the defect to increase and the goods to devalue and may lead to the rejection of the claim.

1.2 The claim must be accompanied by a document certifying the date and place of receipt of the object of sale, or the warranty card, if issued, the object of sale itself in complete condition, cleaned, free of all dirt, in clean packaging, if the goods are sent. The goods shall be delivered in a hygienic condition and shall indicate the claimed defect of the object of sale. The Seller has the right to refuse to accept for complaint goods that do not comply with the principles of general hygiene referred to above in this paragraph (Decree 306/2012 Coll., on the conditions for preventing the emergence and spread of infectious diseases and Act No. 374/2022 Coll.). By not providing a document certifying the date and place of receipt of the object of sale, the Buyer runs the risk of not proving the timeliness of the claim and the validity of his claim.

1.3 If you are sending the goods, please indicate the address of Bagind company s.r.o., Čs. Legií 152/8, 702 00 Moravská Ostrava

1.4 If the buyer exercises the right of defective performance, the seller shall confirm to him in writing when he has applied the right of liability for defects and, after the claim has been settled, also confirmation of the method of resolving the claim, as well as the execution of any repairs and the time of the claim procedure.

1.5 The warranty does not cover normal wear and tear, loss of life of the product due to excessive use beyond the intended use or purpose of the product, as well as due to improper care and use contrary to its intended purpose. Defects for which a discount on the Purchase Price has been provided cannot be claimed.

1.6 The Seller shall not be liable for damages resulting from the functional characteristics of the goods, from improper use of the goods or from improper handling of the goods. Defects of this origin are not covered by the warranty provided.

1.7 If, in the context of a complaint procedure regarding a particular defect, it is decided that the complaint is unjustified, then a new complaint procedure regarding the same defect can no longer take place and the Seller is entitled to refuse to accept the object of performance for complaint for this reason.

1.8 The Buyer is obliged to take over the Subject of Sale without undue delay within 30 days from the date on which he was informed of the complaint, this period cannot expire earlier than 60 days from the date of the claim.

1.9 If the Buyer, who is in delay in accepting the Subject of Sale, requests its re-shipment, then the Seller shall be obliged to re-ship the Subject of Sale to the Buyer only on condition that all costs related to such re-shipment are paid in advance by the Buyer.

2. RESPONSIBILITY FOR DEFECTS TO THE SELLER

2.1 The Seller shall be held liable to the Buyer for any defects in the subject of sale if they occur in the subject of sale upon acceptance of the subject of sale, or within the warranty period, according to the relevant provisions of the Civil Code if the Buyer is an entrepreneur, and according to the relevant provisions of the Civil Code and the Consumer Protection Act if the Buyer is a consumer, and further according to the rules set out in the Purchase Contract.

2.2 The Buyer is obliged to inspect the object of sale upon accepting the object of sale and, if this is not possible, without undue delay after accepting the object of sale.

3. RESPONSIBILITY FOR DEFECTS TO BUYER 

3.1 The Seller shall be liable to the Buyer for the fact that the object of sale is in conformity with the Purchase Contract upon acceptance by the Buyer, in particular that it is free from defects. Conformity with the purchase contract means that the object of sale has the quality and utility characteristics required by the purchase contract, described by the seller or expected on the basis of advertising, or the quality and utility characteristics usual for a thing of this kind. In the event that the object of sale is not in conformity with the purchase contract upon acceptance by the buyer, the buyer shall have the right to have the seller restore the object of sale to a condition corresponding to the purchase contract free of charge and without undue delay, either by replacing the object of sale or by repairing it, or to have the seller provide the buyer with a reasonable discount on the purchase price, as requested by the buyer; in the event of a material breach of contract, the buyer shall also have the right to withdraw from the purchase contract. This does not apply if the buyer knew before taking over the goods that the goods were defective or if the buyer himself caused the defect, or if the defect is a defect which the buyer should have known with the exercise of ordinary care already at the conclusion of the contract. A contradiction with the purchase contract which becomes apparent within twelve months from the date of acceptance of the object of sale shall be deemed to exist already at the time of its acceptance by the buyer, unless this contradicts the nature of the matter or unless the seller proves otherwise.

3.2 The Seller provides a 24-month warranty on the goods, unless otherwise stated on the goods or in the warranty certificate. The warranty period starts from the delivery of the goods to the Buyer; if the goods have been shipped under the contract, it starts from the arrival of the goods at the place of performance. The warranty period shall run from the time the claim is made until 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 product, the warranty period starts again from the receipt of the new goods. When a defective part is replaced, the new warranty period applies only to the replaced part of the object of sale.

3.3.In case of claiming the right to remove the defect by repairing the item, the Buyer has the right to have the defect removed free of charge, on time and properly. The Seller is obliged to remove the claimed defect without undue delay, but no later than 30 calendar days from the date of the claim. Removable defects are those defects that can be removed by repair without affecting the appearance, function and quality of the product. In the case of a removable defect, the Buyer shall have the right to exchange the goods or, in the case of a material breach of contract, also to withdraw from the purchase contract if: a) the complaint has not been settled within 30 calendar days from the date of its submission and no other agreement has been reached on the time of settlement of the complaint, or b) unless otherwise provided by law, the Buyer cannot properly use the object of sale due to the recurrence of the removable defect after repair or due to a greater number of removable defects. The defect is a recurrence of a defect after repair if the same defect, which has already been rectified at least twice during the warranty period, recurs. The object of sale suffers from a greater number of defects if it has at least three different (arising from different causes) repairable defects at the same time at the time of the claim.

3.4.If the defect is irremovable and prevents the object of sale from being properly used as a product without defect, the buyer has the right to demand replacement of the product for a new one or to withdraw from the purchase contract, unless otherwise provided by law. An irremovable defect shall be deemed to be a defect which cannot be eliminated or whose elimination is impractical taking into account all the relevant circumstances.

3.5 Otherwise, the rights and obligations of the Seller and the Buyer, especially the Buyer's claims arising from defects in the object of sale, are governed by the provisions of § 2113 et seq. of the Civil Code. The time limit for the settlement of a claim according to the provisions of paragraph 1 of the Complaints Procedure shall be considered a reasonable additional period for performance. The Buyer may claim a discount on the purchase price or withdraw from the Purchase Contract after the expiry of this period in the event of a substantial infringement of the Contract.

4. OUT-OF-COURT RESOLUTION

4. 1. The Seller hereby informs the Consumer, in accordance with the provisions of § 14 of Act No. 634/1992 Coll. on Consumer Protection, as amended (hereinafter also referred to as the "Consumer Protection Act"), that disputes between the Seller and the Consumer, which could not be settled directly, can also be resolved through out-of-court settlement of consumer disputes. The Czech Trade Inspection Authority (Česká obchodní inspekce), based at Štěpánská 567/15, 120 00 Prague 2, ID: 00020869, www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from a purchase contract.

4.2 The Ministry of Industry and Trade maintains a list of entities for out-of-court settlement of consumer disputes. The legal regulation of out-of-court settlement of consumer disputes is contained in particular in the provisions of § 20d et seq. of the Consumer Protection Act.

In Ostrava, 24 January 2024.