Complaints Procedure

Complaints Procedure

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business company:

with registered office:

identification number:

e-mail:

billing data: VAT ID: CZ………….., account number: ……………… IBAN: …………

registered in the Commercial Register maintained by the Municipal Court in Prague, section .., file number ……("seller"), amends further rights and obligations related to the seller's liability for defects when concluding sales contracts between the seller and other persons ("buyer") beyond the scope of the terms and conditions applicable to the sale of goods through an online store located at the internet address www…………….. ("commercial terms") (hereinafter referred to as"complaints procedure").

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Introductory Provisions

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1. This complaints procedure regulates the relationships arising between the contracting parties in connection with or on the basis of a purchase agreement, where on one side is the seller and on the other side is the buyer, who in accordance with the applicable legal regulations may act either as a consumer or as a business operator

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2. If the buyer is a subject other than a consumer, the relationships not regulated by this complaints procedure and the terms and conditions available on the seller's website here shall apply:I cannot provide a translation for this text as it appears to be incomplete - it only contains "https://www" which is the beginning of a URL, not actual content to translate. If you have a complete Czech text you'd like translated to English, please provide it and I'll be happy to help..............., Act No. 89/2012 Coll., Civil Code (hereinafter referred to as "Civil Code"), as amended.

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3. Rights and obligations not regulated by this complaints procedure shall be governed by the provisions of the terms and conditions and the relevant legal regulations, which are in particular:

I notice that the text you've provided appears to be empty or contains only whitespace. There is no actual content to translate from Czech (cs) to English (en). Please provide the text you would like me to translate.Civil Code– Act No. 89/2012 Coll., Civil Code, as amended

I notice that no text was provided in your request. The "Text:" field is empty. Please provide the Czech text you'd like me to translate to English, and I'll translate it for you.Consumer Law– Act No. 634/1992 Coll., on consumer protection, as amended

I notice that the text you've provided appears to be empty or contains only whitespace. There is no Czech text to translate to English. Please provide the Czech text you'd like me to translate.GDPR– REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

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4. The complaints procedure is an integral part of the terms and conditions. By concluding the purchase agreement, the buyer expresses consent to the terms and conditions and this complaints procedure, and confirms that he is properly acquainted with them.

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5. Terms and conditions and further information can also be found on the seller's websitewww…………..cz.

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6. The customer of the online store selling is either a buyer-consumer within the meaning of § 2 para. 1 lit. a) of Act No. 634/1992 Coll., on consumer protection (hereinafter referred to as "buyer-consumer"), or a buyer-entrepreneur who, when concluding and performing the contract, acts within the scope of his commercial or other business activity or within the scope of independent performance of his profession (hereinafter referred to as "buyer-entrepreneur"). Legal relationships arising between the seller and the buyer-consumer, not expressly regulated by this complaints procedure or terms and conditions, shall be governed by the relevant provisions of the Civil Code and Act No. 634/1992 Coll., on consumer protection (hereinafter referred to as the "Consumer Protection Act").

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7. The seller acts within the scope of its business activity when concluding and performing the purchase agreement. The seller is an entrepreneur who supplies goods to the buyer directly or through other entrepreneurs.

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Complaint must contain

Order number

Order date

Tax receipt for purchased goods or other proof of purchase of goods from the seller

Date of receipt of goods by the buyer

Name and surname of the buyer

Buyer's contact details (phone, email)

Name of goods

Description of product defect. In case of sending a complaint, it would be very helpful if you mark the defective or missing part directly in the assembly instructions and send them to us together with the complaint. This will speed up the entire complaint process. In case of a complaint, it would be very helpful if the complaint additionally contained:

Photography demonstrably illustrating a defect or damage to purchased goods,

Manufacturing label from the product packaging or its copy/photograph (if available),

Photo documentation of the shipping packaging together with the shipping label, including internal fillings (if it is damaged goods). To file a complaint, you can use the complaint form (available for download in the order details in your customer account, on the seller's website or at the end of this complaint procedure). Using this form for complaints/withdrawal from the contract/return of goods will help speed up and facilitate the processing of the complaint. We therefore recommend this option.

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Packaging of claimed goods

The advertised goods must be properly packaged before sending. It is possible to use the original packaging material for this purpose. If the original packaging can no longer be used, it is necessary to replace this packaging in such a way that the goods are sufficiently protected against further damage that could occur during transport back to the seller. • In case you are not sure about packaging the product for return transport, visit our website here or contact us by email: ……...

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I. Responsibility for quality upon acceptance

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1. The rights and obligations of the contracting parties regarding rights arising from defective performance shall be governed by the applicable generally binding legal regulations (in particular by the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174b of the Civil Code and the Consumer Protection Act, as amended by later regulations).

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2. The complaints procedure is based on the relevant provisions of the seller's e-shop terms and conditions, which are available on his websiteI cannot translate this text as it appears to be incomplete. The text "https://www" is just the beginning of a URL and doesn't contain any actual content to translate from Czech to English. Please provide the complete text you'd like translated.I don't see any text to translate in your message. The text section only contains dots (..............). Please provide the Czech text you'd like me to translate to English..

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3. If the subject matter of the purchase is a tangible movable thing that is linked to digital content or a digital content service in such a way that it could not perform its functions without them (hereinafter referred to as "goods with digital properties"), the provisions concerning the seller's liability for defects shall also apply to the provision of digital content or digital content services, even if provided by a third party. This does not apply if it is clear from the content of the purchase agreement and the nature of the matter that they are provided separately.

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4. The seller is liable to the buyer that the goods upon acceptance are free from defects, in particular:

4.1. corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,

4.2. is suitable for the purpose for which the buyer requires it and with which the seller agreed, and

4.3. is supplied with agreed accessories and instructions for use, including assembly instructions or

installation.

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5. The seller is liable to the buyer that in addition to the agreed properties

5.1. the goods are fit for the purpose for which goods of the same type are normally used, also taking into account the rights of third parties, legal regulations, technical standards or codes of conduct of the given sector, unless there are technical standards,

5.2. goods in terms of quantity, quality and other properties, including durability, functionality, compatibility and safety, correspond to the usual properties of goods of the same type that the buyer can reasonably expect, also taking into account public statements made by the seller, in particular advertising or labeling, unless the seller proves that he was not aware of it or that it was modified at the time of conclusion of the purchase agreement in at least a comparable manner as it was made, or that it could not have influenced the buyer's decision to purchase,

5.3. the goods are delivered with accessories, including packaging, assembly instructions and other instructions for use that the buyer may reasonably expect, and

5.4. goods correspond in quality or design to the sample or model which the seller provided to the buyer before concluding the contract.

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6. The provisions of Article I, Section 5 of the complaints procedure shall not apply in the event that the seller specifically drew the buyer's attention before concluding the contract to the fact that some property of the goods differs and the buyer expressly agreed to this when concluding the contract.

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7. The seller is also liable to the buyer for a defect caused by improper assembly or installation, which was carried out by the seller or at his responsibility according to the purchase agreement. This also applies if the assembly or installation was carried out by the buyer and the defect arose as a result of a deficiency in the instructions provided to him by the seller or the provider of digital content or digital content service, if it is a thing with digital properties.

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8. The provisions set out in Art. I. para. 4. and Art. I. para. 5. of the complaints procedure shall not apply to goods: 8.1. sold at a lower price for a defect for which the lower price was agreed,

8.2. for used goods for a defect corresponding to the degree of use or wear that the goods had upon acceptance by the buyer, or if it follows from the nature of the goods.

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9. The seller is not liable to the buyer for

9.1. defect that the buyer knew about at the time of concluding the purchase agreement,

9.2. defects caused by the buyer himself, including defects arising as a result of improper use of goods in violation of the instructions for use or caused during so-called self-assembly, or as a result thereof, i.e. assembly that is not part of the purchase agreement and the defect did not arise on the basis of incorrect instructions stated in the assembly instructions or

9.3. normal wear and tear of goods caused by its ordinary use.

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10. If a defect manifests itself within one (1) year from acceptance, it is presumed that the goods were defective at the time of acceptance, unless the nature of the goods or the defect excludes this. This period does not run during the time when the buyer cannot use the thing if the buyer has rightfully pointed out the defect.

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11. If the subject matter of the purchase is goods with digital properties, the seller shall ensure that the agreed updates of digital content or digital content services will be provided to the buyer.

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12. In addition to the agreed updates, the seller shall ensure that the buyer is provided with updates that are necessary for the goods to retain the properties according to Art. I. para. 4. and Art. I. para. 5. of the complaints procedure, and that he will be informed of their availability

12.1. for a period of two (2) years, if digital content or digital content services are to be provided continuously for a certain period according to the purchase agreement, and if provision for a period longer than two (2) years is agreed, for the entire duration,

12.2. for the period during which the buyer may reasonably expect it, if digital content or a digital content service is to be provided under the purchase agreement on a one-time basis; this shall be assessed according to the type and purpose of the thing, the nature of the digital content or digital content service and taking into account the circumstances at the time of conclusion of the purchase agreement and the nature of the obligation.

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13. The provision of Art. I. para. 12. of the complaints procedure shall not apply in the event that the seller specifically warned the buyer before concluding the purchase agreement that updates would not be provided and the buyer expressly agreed to this when concluding the purchase agreement.

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14. If the buyer has not carried out an update within a reasonable time, the buyer has no rights for a defect that arose solely as a result of the failure to carry out the update, if the buyer was warned of the update or of the consequences of its failure to carry out or if the buyer failed to carry out the update or carried it out incorrectly due to a deficiency in the instructions. If digital content or a digital content service is to be provided continuously for a certain period according to the contract and a defect manifests itself or occurs within the time period according to Article I, paragraph 12.1 of the complaints procedure, it is deemed that the digital content or digital content service is being provided defectively.

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15. The buyer may assert a defect that manifests itself on the thing within two (2) years from acceptance.

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16. If the subject of the purchase is goods with digital properties and digital content or digital content services are to be provided continuously for a certain period according to the contract, the buyer may claim a defect that occurs or manifests itself within two (2) years from acceptance. If performance is to last longer than two (2) years, the buyer has the right to claim a defect that occurs or manifests itself during this period.

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II. Quality Guarantee

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1. Beyond the statutory rights of the buyer for defective performance, the seller also provides a warranty for quality on all goods, on the basis of which the seller undertakes that the goods will be suitable for use for the ordinary purpose for a certain period of time or that they will retain their usual properties.

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2. The warranty period for a consumer buyer is twenty-four (24) months, unless a longer warranty period is provided in the warranty card, or unless otherwise stated for individual goods (for example on the packaging). For a buyer who acts within the scope of his commercial or other business activity when concluding and performing the contract, the warranty period is twenty-four (24) months.

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3. The warranty for quality does not apply to goods sold at a lower price due to a defect for which the lower price was agreed.

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4. The warranty period begins to run from the acceptance of the product by the buyer, or by a third party designated by him.

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III. Rights from Defective Performance

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1. If a thing has a defect, the buyer may require its removal. At the buyer's choice, the buyer may require delivery of a new thing without a defect or repair of the thing, unless the chosen method of defect removal is impossible or unreasonably costly compared to the other method; this shall be assessed in particular with regard to the significance of the defect, the value the thing would have without the defect, and whether the defect can be removed by the other method without significant inconvenience to the buyer.

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2. The seller may refuse to remove a defect if it is impossible or unreasonably costly, in particular with regard to the significance of the defect and the value the thing would have without the defect.

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3. The seller shall remedy the defect within a reasonable time after it has been pointed out, in such a way as not to cause the buyer significant inconvenience, taking into account the nature of the thing and the purpose for which the buyer purchased it. The seller shall bear the cost of transporting the thing to remedy the defect. If the removal of the defect requires disassembly of the thing, the assembly of which was carried out in accordance with the nature and purpose of the thing before the defect became apparent, the seller shall perform the disassembly of the defective thing and the assembly of the repaired or new thing, or shall bear the costs associated therewith.

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4. The buyer may request a reasonable discount or withdraw from the purchase agreement if:

4.1. the seller refused to remove the defect or did not remove it in accordance with Art. III. para. 3 of the complaints procedure,

4.2. if the defect appears repeatedly,

4.3. is a material breach of the purchase agreement, or

4.4. it is evident from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer.

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5. If the defect of the thing is insignificant, the buyer cannot withdraw from the purchase agreement (within the meaning of Article III, Section 4 of the complaints procedure); it is presumed that the defect of the thing is not insignificant. If the buyer withdraws from the purchase agreement, the seller shall return the purchase price to the buyer without undue delay after receiving the thing or after the buyer proves to him that he has sent the thing.

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6. In the case of sold used goods and items sold at a lower price due to the existence of a defect, the buyer has, instead of the right to exchange the item, the right to an appropriate discount.

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7. The seller is not obliged to comply with the buyer's claim if he proves that the buyer knew about the defect in the goods before taking delivery or caused it himself.

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8. If there is an exchange of goods or its component, the seller's liability shall apply as if it were a purchase of new goods or its part.

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IV. Application of Complaint

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1. The buyer is obliged to assert a defect to the seller from whom the goods were purchased without undue delay after discovering it or after being able to discover it upon timely inspection and with due care.

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2. Rights arising from liability for defects in goods shall be asserted against the seller. The buyer may specifically assert rights arising from liability for defects in goods in particular by electronic mail at the address ………………..

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3. If a person other than the seller is designated to carry out the repair and is located at the seller's place or at a place closer to the buyer, the buyer shall exercise the right to repair with the person designated to carry out the repair.

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4. When filing a complaint, the buyer shall inform the seller of the order number, name and surname, contact details (phone, e-mail), name of the goods, order date and date of receipt of the goods, description of the defect, if applicable photographs of the defective goods, and the requested method of complaint resolution, and shall present the tax document for the purchased goods.

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5. To assert a complaint, the buyer may use a sample complaint form provided by the seller, which forms an attachment to the complaint procedure and is available on the seller's website.

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6. The buyer is obliged to identify the claimed defect and its extent, in particular by presenting the goods, or by sending photographs on which the damage is clearly visible. Without identifying the claimed defect and its extent, the complaint procedure cannot be initiated.

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7. Depending on the nature of the claimed defect and the required method of handling the complaint, and unless the seller and buyer agree otherwise, the seller may require the delivery of the goods, including all its parts and accessories.

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8. The buyer is obliged to pack the claimed goods in the original packaging, or in other packaging in a manner that prevents further damage to it. The buyer may use the instructions for packing goods that are available on the seller's website. The buyer is obliged to deliver the claimed goods in a clean and complete condition. Sending heavily soiled and hygienically defective goods may result in rejection of the claim. In this case, the seller will return the goods to the buyer's address and the buyer is not entitled to compensation for shipping costs.

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9. To remedy the defect, the seller shall take the thing for removal at its own expense. Unless the seller and buyer agree otherwise. If the removal of the thing requires disassembly, the assembly of which was carried out in accordance with the nature and purpose of the thing before the defect became apparent, the seller shall perform the disassembly of the defective thing and the assembly of the repaired or new thing, or shall bear the costs associated therewith.

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10. The seller does not accept sending claimed goods by cash on delivery, such shipments will be returned to the sender and the complaint handling may be unnecessarily prolonged by this procedure.

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11. When a complaint is filed, the seller shall issue a written confirmation to the buyer, which shall state the date on which the buyer filed the complaint, what the complaint concerns, what method of complaint resolution the buyer requests, and the buyer's contact details for the purpose of providing information about the resolution of the complaint. This obligation also applies to other persons designated to carry out repairs in accordance with Article IV, paragraph 3 of the complaints procedure.

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V. Handling of Complaint

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1. A complaint, including the removal of the defect, must be resolved and the buyer must be informed about it no later than thirty (30) days from the date of filing the complaint, unless the seller and buyer agree on a longer period. If the subject matter of the obligation is the provision of digital content, including digital content supplied on a tangible medium, or a digital content service, the complaint must be resolved within a reasonable time, taking into account the nature of the digital content or digital content service and the purpose for which the buyer requested it.

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2. The deadline for handling a complaint begins to run from the day following the filing of the complaint. The day after the buyer files the complaint is the first day of the thirty-day period. If its end falls on a Saturday, Sunday or public holiday, then the deadline for handling the complaint shall end on the nearest following working day.

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3. A condition for the course of handling a complaint is that the buyer provides the seller with the required necessary cooperation for handling the complaint, in particular that the buyer allows the seller to inspect the complained goods. If it is necessary to supplement the data or information stated in the complaint, the seller shall request the buyer to supplement them in the required scope. This period shall not be counted towards the deadline for handling the complaint.

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4. After the futile expiration of the deadline according to Art. V. para. 1 of the complaints procedure, the buyer may withdraw from the purchase agreement or request an appropriate discount.

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5. After processing the complaint, the seller shall issue to the buyer a written confirmation of the date and manner of complaint resolution, including confirmation of the repair performed and its duration, or alternatively a written justification for rejecting the complaint. The complaint resolution report is sent to the address stated in the complaint, otherwise to the buyer's email address stated in the user interface or in the order. This obligation also applies to other persons designated by the seller to perform the repair according to Art. IV. para. 3. of the complaint procedure.

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6. Whoever has the right to compensation for defective performance shall also be entitled to reimbursement of costs reasonably incurred in exercising this right. However, if the buyer does not assert the right to reimbursement within one month after the expiry of the period within which the defect must be pointed out, the right to reimbursement was not asserted in time. If the buyer chose a method of standard delivery of goods other than the cheapest possible method offered by the seller, the seller shall only refund those costs that correspond to the cheapest method of delivery.

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7. The buyer is obliged to collect the claimed goods no later than 30 days after the date of complaint resolution or after notification by the seller. After this period expires, the seller is entitled to charge the buyer a storage fee for the goods. If the buyer does not collect the item within a reasonable time after the seller has notified him of the possibility to collect the goods, the seller is entitled to a storage fee at the usual rate. If the buyer does not pick up the goods after the complaint has been resolved within six (6) months from the day he was informed of the resolution, the seller is entitled to sell the claimed goods and use the proceeds to cover storage costs.

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VI. Withdrawal from the Purchase Agreement

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1. The provisions of this article shall apply to cases where a purchase agreement is concluded between a seller and a buyer who is a consumer (buyer-consumer). A consumer shall be understood, in accordance with the law on consumer protection and the seller's terms and conditions, as a buyer who is a natural person who, when concluding and performing a purchase agreement, does not act within the scope of his commercial or other business activity or within the scope of independent exercise of his profession.

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2. The buyer-consumer has the right to withdraw from the purchase agreement within fourteen (14) days from the day on which the buyer-consumer or a third party designated by him other than the carrier takes possession of the goods, or:

2.1. the last piece of goods, if the buyer orders multiple pieces of goods within one order that are delivered separately,

2.2. the last item or part of a delivery of goods consisting of several items or parts, or

2.3. the first delivery of goods, if regular delivery of goods for an agreed period is stipulated in the contract.

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3. The buyer-consumer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from a purchase agreement for the supply of, among other things:

3.1. goods manufactured according to the buyer's requirements or adapted to his personal needs,

3.2. goods with a short shelf life,

3.3. goods which, after delivery, have been irreversibly mixed with other goods due to their nature, 3.4. goods in sealed packaging which, for reasons of health protection or for hygienic reasons, are not suitable to be returned after the buyer has damaged them,

3.5. audio or video recordings or computer program in sealed packaging, if the buyer damaged it.

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4. Withdrawal from the purchase agreement must be sent to the seller within the deadline specified in Art. VI. para. 2. of the complaints procedure. To withdraw from the purchase agreement, the consumer buyer may use the sample form provided by the seller, which forms an attachment to the complaints procedure and is available on the seller's website.

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5. The withdrawal form from the purchase agreement (complaint form) may be sent by the buyer-consumer, among other things, to the seller's email address:[email protected]or enclose in the shipment containing the returned goods. If for any reason the buyer-consumer cannot enclose the withdrawal form from the purchase agreement, it is necessary to enclose at least the order number, name and surname and the account number for the refund in the shipment.

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6. If possible, the buyer-consumer will return the goods in the original packaging.

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7. The buyer-consumer is obliged to properly pack the returned goods before sending them. It is possible to use the original packaging material for this purpose. If the original packaging can no longer be used, it is necessary to replace this packaging in such a way that the goods are protected against damage that could occur during transport back to the seller.

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8. To withdraw from the purchase agreement, the buyer-consumer shall send the goods to the address: ………………………….. The consumer buyer shall return the goods to the seller without undue delay, no later than fourteen (14) days from the withdrawal from the contract, unless the seller offered to collect the goods himself. The deadline according to the previous sentence is met if the consumer buyer sends the goods before its expiration. If the consumer buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned due to their nature by ordinary postal means.

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9. If the buyer-consumer withdraws from the purchase agreement pursuant to Art. VI. para. 2. of the complaints procedure, the purchase agreement is cancelled from the beginning. The buyer-consumer acknowledges that he is liable to the seller for any reduction in the value of the goods resulting from handling this goods in a manner other than that necessary to familiarize himself with the nature and properties of the goods or its functionality, including damage to the packaging. If the buyer-consumer has reduced the value of the goods, the seller is entitled to unilaterally set off his claim for compensation for damage to the goods against the buyer's claim for reimbursement of the purchase price.

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10. If the buyer-consumer withdraws from the purchase agreement pursuant to Art. VI. para. 2. of the complaints procedure, the seller shall return the funds received from the buyer-consumer in the same manner in which the seller received them from the buyer. The seller is entitled to return the performance provided by the buyer upon return of the goods by the buyer in a different manner, provided that the buyer-consumer agrees to this and no additional costs arise for the buyer-consumer. If the buyer-consumer withdraws from the purchase agreement, the seller is not obliged to return the received funds to the buyer until the seller receives the goods, or until the buyer-consumer proves to him that he has sent the goods back, whichever occurs first.

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11. If the consumer buyer withdraws from the purchase agreement, they shall bear the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by ordinary postal means due to their nature (oversized shipments). The seller shall not reimburse these costs to the buyer, either retroactively. The amount of costs associated with returning the goods is determined by the price list of the carrier chosen by the consumer buyer, whereby for oversized shipments the transportation costs shall be calculated individually according to their dimensions and weight.

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12. If the seller provides a discount on goods due to compensation for its quality before withdrawal from the contract, this amount will be deducted in the event of subsequent withdrawal from the purchase agreement and the consumer-buyer will be refunded the funds reduced by the discount provided.

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13. In the case of electronic vouchers with automatically generated unique codes that are not supplied on a physical medium, this is digital content that is supplied before the expiry of the deadline for returning goods (i) with the express consent of the buyer, who (ii) has been informed that this results in the loss of the right to withdraw from the contract, and (iii) the seller has issued him with written confirmation of this. For this reason, it is not possible to return the goods after receiving the generated code in electronic form and to request a refund of funds.

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14. If a gift is provided to the buyer-consumer together with the goods, a gift agreement is concluded between the seller and the buyer-consumer with a resolutive condition that if the buyer-consumer withdraws from the purchase agreement, the gift agreement regarding such gift loses its effect and the buyer-consumer is obliged to return the provided gift to the seller together with the goods.

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15. In cases where the buyer has the right to withdraw from the purchase agreement, the seller is also entitled to withdraw from the purchase agreement at any time until the goods are taken over by the buyer. In such a case, the seller shall return the purchase price to the buyer-consumer without undue delay, by bank transfer to the account specified by the buyer.

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16. Information on the statutory right of withdrawal from the contract and a template for withdrawal from the contract is part of the terms and conditions and is available on the seller's website.

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VIII. Final Provisions

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The seller reserves the right to unilaterally modify or supplement this complaints procedure, whereby the issuance of a new version automatically renders the previous version invalid. However, this provision does not affect rights and obligations arising under the previous version of the complaints procedure.

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The buyer has the right to refuse any change to the complaints procedure in the case of long-term and recurring services provided by the seller (i.e. for example membership) and for this reason may terminate such service in writing within 14 calendar days from the date of notification of this change. The refusal of the change must be delivered to the seller at the address: …………………..

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This complaints procedure becomes effective on …………………