TERMS AND CONDITIONS

of the company KLEO team s.r.o., ID-No.: 10745475, registered office at Cukrovarnická 504/35, Střešovice, 162 00 Praha 6, Czech Republic, registered in the commercial register with the Municipal court in Prague, File No. C 347671 (that operates the MILLO e-shop and is referred to herein as "MILLO" or the "Seller")

 

  • Introductory provisions

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    1. These terms and conditions (hereinafter "Terms and Conditions") apply to all sales of goods and any services provided by MILLO through the online shop operated by the Seller on the website www.wearmillo.com  (hereinafter "e-shop"). 

    1. Customers of the e-shop are either natural persons acting in the conclusion and performance of a purchase contract concluded through the e-shop outside the scope of their business activity or outside the scope of the independent exercise of their profession (hereinafter referred to as "Consumer") or persons other than consumers (both types of customers hereinafter also referred to as "Buyer") The Seller acts within the scope of its business when concluding and performing the purchase contract.

    1. The Terms and Conditions have been drawn up in accordance with Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "CC"), Act No. 634/1992 Coll., on Consumer Protection, and other valid and effective Czech legislation. Pursuant to the provisions of Section 1751(1) of the CC, these Terms and Conditions govern the mutual rights and obligations arising under or in connection with a purchase contract concluded between the Seller and the Buyer through the e-shop (hereinafter referred to as the "Purchase Contract").

    1. By concluding the Purchase Contract, the Buyer agrees and confirms that he/she is familiar with these Terms and Conditions as well as the Complaints Code, which forms an integral part of these Terms and Conditions as Appendix 1.

    1. The Seller and the Buyer may agree in the Purchase Contract on other arrangements than those specified in these Terms and Conditions. Such possible arrangements shall then prevail over the provisions of these Terms and Conditions.

    1. The Seller may change or supplement the wording of these Terms and Conditions at any time. However, the rights and obligations arising during the validity of the previous version of the Terms and Conditions shall not be affected.

  • Purchase Contract

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    1. Within the interface of the e-shop, the Buyer is able to send the Seller an order for the selected goods, which the Seller has placed on the website of the e-shop, after selecting the method of transport and the method of payment from the options offered. However, the contractual relationship between the Seller and the Buyer is only established by the delivery of the order confirmation (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer's e-mail address that the Buyer provided during the order placement. The application of the provision of Section 1732 (2) CC is excluded. The offer of goods displayed on the website of the e-shop is for informational purposes only.

     

    1. Before sending the order, the Buyer has the option to check the data entered. Later correction of incorrectly entered data or cancellation of the order before its dispatch must be dealt with by contacting customer support.

    1. The Purchase Contract may only be amended or cancelled by agreement of the parties or for reasons stipulated by law. However, among others, the Seller reserves the right to unilaterally cancel the order or part of it (i.e. withdraw from the Purchase Contract) if: 
    1. the ordered goods are out of stock and no longer in production,  
    2. the ordered goods are out of stock and no longer being supplied or are being supplied at a higher price, 
    3. the goods are displayed at an obviously erroneous price on the e-shop, 
    4. the Buyer has provided obviously incorrect information in the order (e.g. non-existent or incomplete address), 
    5. the order was obviously placed by an automated system (using robotic software or other similar means); 
    6. the Buyer, despite having opted for payment by bank transfer, if such option is available, has not paid the purchase price including any delivery costs within seven days of placing the order and, in the case the Buyer opted for payment by card or other means where immediate payment is to be made by nature, has not paid the purchase price including any delivery costs within 24 hours of placing the order, 
    7. goods marked as (currently) unavailable, out of stock or in another similar manner have been ordered and such goods can no longer be delivered or the price has changed significantly; or
    8. the Buyer has ordered goods under a pre-order and the goods have subsequently not been delivered by the relevant supplier in time or the relevant supplier has failed to meet the price or other condition for delivery of the goods to the Seller on which the pre-order price was based.

    If the Buyer has already paid part or all of the purchase price, this amount will be refunded in the event of cancellation of the order under this paragraph. 

     

    1. The contract of sale shall always be governed by the law of the Czech Republic without regard to conflict of laws rules. However, where the Buyer, who is a Consumer, has his habitual residence in a country to which the Seller's activities through the e-shop are being directed within the meaning of Article 6(1)(b) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), such Buyer, who is a Consumer, is not deprived of the protection afforded by the provisions of the law of such country, which cannot be derogated from by agreement.

     

    1. The Buyer cannot claim any rights of the Buyer, in particular rights due to defects, in relation to gifts provided to the Buyer completely free of charge within the framework of an order. Such gifts shall form the subject of a gift contract concluded between the Seller and the Buyer and their provision shall be governed by the valid and effective statutory provisions for gift contracts, provided, however, that such gift contract shall be concluded between the Seller and the Buyer, who is a Consumer, with the condition subsequent that if the Consumer withdraws from the Purchase Contract within the 14-day period pursuant to Section 1829 (1) CC (see Article IV. of these Terms and Conditions), the gift contract is cancelled and the Consumer is obliged to return the provided gifts together with the purchased goods to the Seller.

    1. The prices of goods and services offered through the Seller's e-shop include the value added tax and all related fees. However, the price of the goods does not include the cost of delivery of the goods to the Buyer. If generally binding legislation so provides, the Seller shall issue a tax document (invoice) to the Buyer in respect of payments made under the Purchase Contract. The invoice shall be issued in accordance with the conditions set out in Act No 235/2004 Coll., on value added tax, as amended, within 15 days of the date of delivery of the goods and sent to the Buyer in electronic form.

    1. The Buyer chooses the method of payment and the method of delivery when placing an order through the e-shop from the provided offer. The Seller does not allow any other payment or delivery methods than the ones specified when creating an order in the e-shop, unless the Seller and the Buyer agree otherwise in individual cases.

    1. The Seller shall deliver the goods to the Buyer on the territory of the Czech Republic usually through the platform of Zásilkovna or courier service DPD. In the Slovak Republic, the Seller shall deliver the goods usually via the Packeta.sk platform or the DPD courier service. However, the Seller is entitled to choose other carriers of its choice for the delivery of goods at any time and to extend the delivery options. Delivery costs are indicated when selecting the delivery method during the order creation process. However, if the goods are to be delivered outside the territory of the Czech Republic and the Slovak Republic, the Seller reserves the right to require the Buyer to pay increased delivery costs up to the usual price of a foreign shipment of the relevant dimensions.

    1. The Seller shall send the goods to the Buyer no sooner than after payment of the purchase price for the goods ordered and the costs associated with the delivery of these goods to the Buyer, usually within seven business days from the moment of such payment.

    1. Payment of the purchase price for the purchased goods is made in cashless form through the Stripe payment gateway, by debit card or other form of immediate payment that the payment gateway allows. Cash on delivery is not possible.

    1. All communication, including the sending of invoices and other documents between the Seller and the Buyer will be carried out electronically via the e-mail address provided by the Buyer when concluding the Purchase Agreement and the Seller's e-mail addresses listed for the relevant purpose on the e-shop, which the Buyer agrees to. The Buyer further agrees that all costs incurred for remote communication in concluding the Purchase Contract (in particular the costs of internet connection and/or telephone calls) shall be borne by the Buyer himself. 

  • Rights from defective performance

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    1. The rights and obligations with regard to rights arising from defective performance are governed by the relevant generally binding provisions of law, in particular Sections 1914 to 1925, 2099 to 2117 and, under the conditions described in Section 2158 CC, the provisions of Sections 2158 to 2174 CC. 

     

    1. The Seller shall be liable to the Buyer that the goods are free from defects upon takeover, to the extent provided by law. To the Consumer the Seller shall in particular be liable that at the time the Consumer takes over the goods:
      1. the goods have the characteristics agreed between the parties and, in the absence of agreement, such characteristics as the Seller or manufacturer has described or the Consumer has come to expect in view of the nature of the goods and on the basis of the advertising carried out by them,
      2. the goods are suitable to be used for the purpose stated by the Seller or for which goods of that kind are usually used,
      3. the goods correspond in quality or workmanship to the agreed sample or template, if the quality or workmanship was determined according to the agreed sample or template,
      4. the goods are in the appropriate quantity, measure or weight and
      5. the goods comply with the requirements of the legislation.

    1. The preceding Article III. paragraph 2. of these Terms and Conditions shall not apply:
    1. in case of goods sold at a lower price in relation to the defect for which the lower price was agreed, 
    2. in relation to wear and tear of the goods caused by their normal use, 
    3. in the case of second-hand (used) goods, in relation to a defect corresponding to the degree of use or wear and tear which the goods had upon takeover by the Buyer; or 
    4. where the nature of the goods so requires. 

     

    1. If the goods do not have the characteristics set out in paragraph 2. of this Article III, the Consumer may also demand the delivery of new goods without defects, unless this is unreasonable given the nature of the defect, but if the defect concerns only a part of the goods, the Consumer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract. If, however, this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the Consumer is entitled to have the defect remedied free of charge. The Consumer is also entitled to the delivery of new goods or the replacement of a part in the case of a removable defect if he cannot use the goods properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the Consumer also has the right to withdraw from the contract.

     

    1. If the Consumer does not withdraw from the contract or does not exercise the right to delivery of new goods without defects, to replacement of its parts or to repair of the goods, he may demand a reasonable discount. The Consumer is also entitled to a reasonable discount if the Seller cannot deliver new goods without defects, replace a part of the goods or repair the goods, or if the Seller fails to remedy the defect within a reasonable time or if the remedy of the defect would cause the Consumer considerable difficulties.

    1. Unless the Seller specifies a longer period, the Consumer is entitled to exercise the right from a defect that occurs in consumer goods as follows:
    1. in the case of new and unpacked goods within twenty-four months of their takeover; 
    2. in the case of second-hand (used) goods in accordance with Section 2168 CC within twelve months of their takeover. 

    For the purposes of this paragraph 

    1. unpacked goods shall mean goods which had been packed after their manufacture and were subsequently only unpacked or their packaging is damaged or replaced while at the same time such goods have not been used and the contents of the original packaging are complete;
    2. second-hand (used) goods mean goods which have been tested or used and show signs of previous use but whose functionality is unaffected and whose packaging is complete.

    1. If a defect appears in goods purchased by a Consumer within six months of takeover, the goods shall be deemed to have been defective upon takeover. However, in the case of second-hand (used) goods, usual signs of previous use and wear and tear which such goods had when taken over by the Buyer shall not be deemed to be defects and the Buyer's rights under this Article III of the Terms and Conditions shall not apply to such defects. In addition, the Buyer shall not be entitled to any right from defective performance in any case where the Buyer knew that the goods were defective before taking them over or where the Buyer caused the defect himself.

     

    1. Further details on the rights and obligations of the Buyer and the Seller in connection with the Seller's liability for defects are regulated by the Complaints Code, which forms Appendix 1 to these Terms and Conditions.

     

  • Withdrawal from the contract and return of goods

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    1. In accordance with the provision of Section 1829(1) CC, the Buyer, who is a Consumer, in the case of a Purchase Contract concluded by means of distance communication, i.e. through the e-shop, is entitled to withdraw from the Purchase Contract within fourteen days of receipt of the goods, without giving any reason. 

     

    1. If the Consumer exercises the right to withdraw from the contract according to the previous paragraph, the withdrawal is deemed to be made within the period (i.e. on time) if the Consumer sends the Seller a notice of withdrawal during the withdrawal period. For withdrawal from the contract, the Buyer, who is a Consumer, may use the sample form in Annex 2 of these Terms and Conditions. The Consumer may send the withdrawal from the Purchase Contract in accordance with Article II, paragraph 11 of these Terms and Conditions to the Seller's e-mail address support@wearmillo.com [doplnit] or to the address of the Seller's registered office or business premises.

    1. If the Consumer withdraws from the contract, the Seller shall return to the Consumer without undue delay, and no later than fourteen days after withdrawal from the contract, all monies, including delivery costs, received from the Consumer under the contract in the same way he received them. The Seller shall only return the monies to the Consumer in another way if the Consumer has requested it and if no further costs are incurred or if the Consumer agrees to it. However, if the Consumer has chosen a delivery method other than the cheapest method of delivery offered by the Seller, the Seller will only refund to the Consumer the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.

    1. The Seller shall not be obliged to return the received monies to the Consumer before the Consumer has handed over the goods to the Seller or proved that he has sent the goods to the Seller. The right of the Buyer, who is a Consumer, to withdraw from the contract in accordance with Section 1829(1) CC is not a right to borrow any goods for free. The purpose of this right of withdrawal is to enable the Consumer to test the goods which, given the nature of the distance Purchase Contract, he could not test beforehand on the Seller's premises. Therefore, in the event of exercising the right of withdrawal pursuant to Section 1829(1) CC, the Consumer must return to the Seller within fourteen days of withdrawal all that he has acquired under the contract in question in an undamaged condition, including gifts (see Article II paragraph 5 of these Terms and Conditions). If this is no longer possible (e.g. the goods have been destroyed or damaged), withdrawal is not excluded, but the Consumer must replace the value of what can no longer be returned. Therefore, if the returned goods are e.g. partially damaged, the Seller can claim the right to compensation from the Consumer, set off his claim against the returned purchase price and thus refund the Consumer the reduced purchase price in accordance with § 1833 CC. Damage to the goods means in particular any reduction in the value of the goods as a result of treating the goods in a manner other than that necessary to become familiar with the nature and characteristics of the goods, including their functionality.

    1. The Consumer does not have the right to withdraw from the contract within the meaning of Section 1837 CC, in particular in the case of the following contracts: 
      1. a contract for the provision of services, if they have been performed with his prior express consent before the expiry of the withdrawal period and the Seller has informed the Consumer before the conclusion of the contract that in such a case he has no right to withdraw from the contract;
      2. a contract for the supply of goods that have been modified according to the wishes of the Consumer or for his person,
      3. a contract for the supply of goods that are subject to rapid decay as well as for goods which have been irretrievably mixed with other goods after delivery,
      4. a contract for the supply of goods in sealed packaging that the Consumer has removed from the packaging and the goods cannot be returned for hygiene reasons (e.g. underwear, etc.).

    1. The costs associated with the return of the goods in the event of withdrawal from the Purchase Contract shall be borne by the Buyer, even if the nature of the goods does not allow its return by the usual postal route. 

     


  • Vouchers and gift cards, discount codes

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    1. Vouchers and gift card (hereinafter collectively "Vouchers") issued by the Seller may only be redeemed for purchases from the Seller. Vouchers can only be used to purchase goods offered by the Seller through the e-shop.

     

    1. The value of the Voucher cannot be exchanged for money. In the event of withdrawal from the Purchase Contract by the Buyer, who is a Consumer, within the 14-day period pursuant to Section 1829(1) CC, the Seller shall generate a replacement Voucher for the Consumer to the extent that the purchase price was paid by means of the Voucher. If a Voucher is used to pay for the order, the value of the order must be at least the value of the Voucher. The Seller is not obliged to provide compensation for the unused value of the Voucher.

    1. The Voucher can only be redeemed once, always before the order is completed.

    1. From the point of view of Act No. 112/2016 Coll., on the recording of sales (hereinafter referred to as the "Sales Record Act"), the moment of payment by Voucher occurs at the moment of dispatch of the goods to the Buyer.

    1. If the Seller provides discount (coupon) codes, unless the Seller states otherwise in each case, the discount (coupon) codes cannot be combined, applied repeatedly, applied to already discounted goods or used to purchase Vouchers. In the event of withdrawal from the Purchase Contract, during the conclusion of which the Buyer used a discount code, the Buyer is not entitled to a reissue of the used discount (coupon) code.


  • Cash collections contributions

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    1. Contribution by the Seller:
    1. If the Seller declares through the website of the e-shop, newsletter or in any other way that from the amount received as the purchase price on the basis of the Purchase Contract concluded with the Buyer it will donate a certain part of it to charitable purposes (in particular carbon-offsetting), the Seller undertakes to provide such contribution to the bank account of the relevant individual or legal person (in particular a an association or foundation), or their associations or partnerships without legal personality, the object of whose activities are (among other things) such charitable purposes. The specific choice of the entity to which the relevant contribution will be sent is – within the limits of the preceding sentence – at the discretion of the Seller. The amount of the contribution is always calculated based on the purchase price paid for the selected goods, not based on the amount received to cover the cost of transporting the goods and other services. The price of Vouchers is not taken into account in determining the amount of the contribution; the contribution is calculated only from the purchase price of the goods when the Voucher is redeemed. The contribution will be sent by the Seller to the recipients according to this paragraph usually once a month in one bulk payment. 
    2. Alternatively, the contribution can be provided immediately upon payment through the payment gateway Stripe; in this case, the contribution is calculated based on the total amount of the payment (i.e. including the amount for shipping and other services), but is then not made based on such part of the price and to the extent to which the price was paid for by Vouchers.

    1. Contribution by the Buyer: If the Buyer chooses during the purchase from the Seller that he wishes to contribute to a public cash collection held by a third party, in the implementation of which the Seller participates, then – at the moment of conclusion of the purchase contract between the Buyer and the Seller – a donation contract between the Buyer and the person holding the public cash collection is also concluded through the Seller. The person holding the public cash collection, as well as any information about the collection, its purpose and registration, is indicated at the respective collection. The Buyer's contribution to the public cash collection is transferred in full by the Seller to the relevant collection bank account. The person holding the public cash collection is responsible for using the funds to fulfil the purpose of the collection. The contribution to the collection is non-refundable; the withdrawal from the Purchase Contract does not terminate the donation contract.

     

    1. The Seller's obligation under paragraph 1. of this Article VI. is agreed with the condition subsequent that if the Buyer, who is a Consumer, withdraws from the Purchase Contract within the 14-day period pursuant to Section 1829 (1) CC, the Seller's obligation shall terminate. 

    1. The obligations described in this Article VI of the Terms and Conditions only arise for the Seller in conjunction with the Seller's declaration pursuant to the first paragraph of this Article or by concluding a donation contract pursuant to the second paragraph of this Article. This Article VI. does not in itself create any obligation for the Seller to make or settle a contribution. 


  • Final Provisions

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    1. According to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest. The Seller usually issues receipts in electronic form.

     

    1. The languages in which the Purchase Contract can be concluded are Czech and English. The Concluded Purchase contracts are archived by the Seller electronically and are not accessible to other persons. The Seller does not voluntarily comply with any code of conduct within the meaning of Section 1826(1)(e) CC.

     

    1. Buyer complaints are handled by the Seller via the email address support@wearmillo.com. [doplnit].

    1. The processing of the Buyer's personal data is described in a separate document on data protection available on the website of the e-shop. The Buyer acknowledges that he/she is obliged to provide his/her personal data correctly and truthfully and that he/she is obliged to inform the Seller without undue delay of any change in his/her personal data. The Buyer confirms that the personal data provided is accurate.

    1. The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection (Úřad pro ochranu osobních údajů). Within a defined scope, the Czech Trade Inspection Authority (Česká obchodní inspekce) supervises, among others, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

    1. These Terms and Conditions are valid in the version stated on the Seller's website on the day of conclusion of the Purchase Contract.

    1. In the event of a dispute between the Buyer, who is a Consumer, and the Seller, the Consumer may also use the possibility of out-of-court dispute resolution. In such a case, the Consumer may contact the out-of-court dispute resolution body, which is the Czech Trade Inspection Authority. More information on out-of-court dispute resolution can be found on the website of the Czech Trade Inspection Authority (https://www.coi.cz/). The online alternative dispute resolution platform can also be found at http://ec.europa.eu/consumers/odr


    1. These Terms and Conditions are valid and effective from 1.4.2022 [doplnit]. 

     

     

    Appendix 1 of the Terms and Conditions – Complaints code 


    COMPLAINTS CODE

    of the company KLEO team s.r.o., ID-No.: 10745475, registered office at Cukrovarnická 504/35, Střešovice, 162 00 Praha 6, Czech Republic, registered in the commercial register with the Municipal court in Prague, File No. C 347671 (hereinafter „Seller“)


     

  • Introductory provisions

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    1. This Complaints Code forms an integral part of the Terms and Conditions and has been drawn up in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "CC") and Act No. 634/1992 Coll., on Consumer Protection, as amended. The Complaints Code applies to goods purchased by the Buyer regarding which the Buyer asserts rights based on defects (hereinafter referred to as "Complaint").

     

    1. Within the meaning of the preceding paragraph and this Complaints code, the Buyer is a natural person acting in the conclusion and performance of a purchase contract concluded through the e-shop operated by the Seller on the website www.wearmillo.com [doplnit] (hereinafter referred to as the "Purchase Contract" and "e-shop") outside the scope of his/her business activity or outside the scope of the independent exercise of his/her profession (hereinafter referred to as "Consumer") or a person other than a consumer (both types of customers hereinafter referred to as "Buyer").

    1. By concluding the Purchase Contract, the Buyer agrees and confirms that he/she is familiar with this Complaints Code.

  • Seller's liability for defects

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    1. The Seller shall be liable to the Buyer that the goods are free from defects upon takeover to the extent provided by law. To the Consumer the Seller shall in particular be liable that at the time the Consumer takes over the goods:
      1. the goods have the characteristics agreed between the parties and, in the absence of agreement, such characteristics as the Seller or manufacturer has described or the Consumer has come to expect in view of the nature of the goods and on the basis of the advertising carried out by them,
      2. the goods are suitable to be used for the purpose stated by the Seller or for which goods of that kind are usually used,
      3. the goods correspond in quality or workmanship to the agreed sample or template, if the quality or workmanship was determined according to the agreed sample or template,
      4. the goods are in the appropriate quantity, measure or weight and
      5. the goods comply with the requirements of the legislation.

    1. If the goods are not accompanied by a warranty certificate, the tax document (invoice) received by the Buyer in connection with the conclusion of the Purchase Contract may be used to file a Complaint. 

  • Rights and obligations relating to liability for defects

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    1. In the event that the goods or their packaging is obviously damaged during delivery, the Buyer must have this fact recorded in the handover protocol, while the Buyer is not obliged to accept the visibly damaged goods from the carrier. The Buyer shall inform the Seller of such fact without undue delay.

     

    1. Regardless of the method of delivery, the Buyer shall check the completeness and faultlessness of the goods on the day of their receipt.

    1. The Buyer's rights arising from defects do not apply in particular to the following cases, where the defect is the result of:
    • improper use of the goods (e.g. use of the goods for purposes for which they are not intended; use of the goods contrary to generally known rules of use; use of the goods contrary to the instructions on the packaging/label/warranty certificate);
    • mechanical damage to the goods; 
    • damage due to force majeure (e.g. natural disasters); 
    • neglecting the care of the goods; or
    • modification of the goods by the Buyer if such modification is the cause of the defect.

    1. The Buyer's rights from defects do not apply to wear and tear caused by normal use of the goods. The lifetime of the goods is limited by nature and cannot be confused with liability for defects 

     

    1. If the goods were sold for a lower price due to a defect existing at the time of takeover, the Buyer's rights from defects do not apply to this defect. This shall also apply in the case of second-hand (used) goods in relation to a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the Buyer.

    1. The Buyer cannot claim any rights from defects in relation to gifts provided to the Buyer completely free of charge within the framework of the order. Such gifts shall form the subject of a gift contract concluded between the Seller and the Buyer and their provision shall be governed by the valid and effective statutory provisions for gift contracts. The gift contract is concluded between the Seller and the Buyer, who is a Consumer, with the condition subsequent that if the Consumer withdraws from the Purchase Contract within the 14-day period pursuant to Section 1829(1) of CC, the gift contract shall be cancelled and the Consumer shall therefore be obliged to return the provided gifts together with the purchased goods to the Seller.

    1. If the Consumer so requests, the Seller shall confirm to the Consumer in writing to what extent and for how long the Seller's obligations in the event of defective performance last (warranty certificate). In the confirmation, he shall also state his name, registered office and identification number. A proof of purchase of the goods containing the above information may be provided instead of the confirmation (warranty certificate).

  • Exercise of rights from defects

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    1. Unless the Seller explicitly specifies a longer period, the Consumer is entitled to exercise the right from a defect that occurs in consumer goods as follows:
      1. in the case of new and unpacked goods within twenty-four months of their takeover; 
      2. in the case of second-hand (used) goods in accordance with Section 2168 CC within twelve months of their takeover.
    2. If a defect appears in goods purchased by the Consumer within six months of takeover, the goods shall be deemed to have been defective upon takeover.
    3. If the Buyer justifiably files a Complaint to the Seller about a defect, the time limit for exercising rights from defective performance does not run for the period during which the Buyer is unable use the defective goods.

  • Rights from defects

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    1. If the goods do not have the characteristics set out in Art. II para. 1. of this Complaints Code, the Consumer may also demand the delivery of new goods without defects, unless this is unreasonable given the nature of the defect, but if the defect concerns only a part of the goods, the Consumer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract. If, however, this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the Consumer is entitled to have the defect remedied free of charge. 
    2. The Consumer is also entitled to the delivery of new goods or the replacement of a part in the case of a removable defect if he cannot use the goods properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the Consumer also has the right to withdraw from the contract. A defect occurs repeatedly if the same defect has already been repaired at least twice within the time limit referred to in Article IV. para. 1. of this Complaints Code.

     

    1. If the Consumer does not withdraw from the contract or does not exercise the right to delivery of new goods without defects, to replacement of its parts or to repair of the goods, he may demand a reasonable discount. The Consumer is also entitled to a reasonable discount if the Seller cannot deliver new goods without defects, replace a part of the goods or repair the goods, or if the Seller fails to remedy the defect within a reasonable time or if the remedy of the defect would cause the Consumer considerable difficulties.

    1. The Buyer may not assert any right of defective performance if he/she knew before taking over the goods that the goods have a defect or if the Buyer himself caused the defect.

    1. The Consumer is entitled to withdraw from the contract in the cases set out above in this Complaints Code, in the Terms and Conditions and in other cases provided for by law. The withdrawal must be delivered to the Seller and is effective in relation to the Seller from the moment it is delivered to the Seller. In the event of a valid withdrawal from the Purchase Contract, the Purchase Contract is cancelled and the Buyer is therefore obliged to return to the Seller all the purchased goods including accessories and - in the case of withdrawal by a Buyer, who is a Consumer, under the provision Section 1829 (1) CC - gifts, and the Seller is obliged to return the purchase price to the Buyer.


  • Complaints procedure

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    1. The Buyer can file a Complaint regarding the goods at the Seller's premises or send the goods, regarding which the Complaint is being filed, by post or other transport service to the Seller's address [doplnit]

    1. In the case of sending goods for Complaint by post or other transport service, the Buyer is advised to pack the goods properly in his own interest so that no deterioration occurs during transport. The contents of the consignment should include the goods, regarding which the Complaint is being filed, a description of the defect claimed and the Buyer's contact details to secure the most effective resolution of the Complaint. The Buyer is obliged to hand over the goods to the Seller in a clean condition in accordance with usual hygiene principles.

    1. For the purposes of filing a Complaint, the Buyer is obliged to prove that the goods were purchased from the Seller. For this purpose, a copy of a tax document (invoice) or a bank statement showing the payment of the purchase price of the goods, regarding which the Complaint is being filed, may be provided.

    1. The Seller (an employee authorized by him) shall decide on a Complaint filed by a Consumer immediately, in complex cases within three working days. The reasonable time required for a professional assessment of the defect is not included in such time limit. The Complaint, including the removal of the defect, must be – in cases of Complaints filed by a Consumer, settled without undue delay, at the latest within 30 days from the date of the Complaint, unless the Seller and the Consumer agree on a longer period. The expiry of this time limit in vain shall be considered a material breach of contract.

    1. In the case of filing a Complaint, the Consumer will be provided with a written confirmation containing information on when the Complaint was made, what is the content of the Complaint and what method of handling the Complaint the Consumer requests, as well as confirmation of the date and method of handling the Complaint, including confirmation of the repair and its duration, or written justification for rejecting the Complaint.

    1. The Consumer has the right to compensation of the costs reasonably incurred in filing a Complaint (e.g. postage for sending the goods, regarding which the Complaint is being filed). The Consumer must request reimbursement of these costs without undue delay, no later than one month after the expiry of the period within which the rights arising from defective performance can be exercised.

    1. The Buyer will be informed about the handling of the Complaint by e-mail, SMS or telephone. The Buyer is obliged to collect the goods after the Complaint has been handled within 30 days from the date of receipt of the notification according to the previous sentence. If the goods are sent back to the Buyer by a transport service, the Buyer is obliged to accept delivery of the goods within the period and under the conditions provided by the transport service. If the consignment is returned to the Seller or if the period of 30 days according to the second sentence of this paragraph expires, the Buyer is obliged to pay the Seller the storage costs of CZK 20 for each day of delay in collecting the goods

    Sustainable Clothing Production: A Journey towards Ethical Fashion