Rights from defective performance
The rights and duties of the contracting parties regarding defective performance are governed by the applicable generally binding regulations (especially the provisions of ss. 1914 – 1925, ss. 2099 – 2117, ss. 2161 – 2174 of Act No. 89/2012 Coll., Civil Code). The seller is liable to the consumer that the item has no defects when taken over. In particular, the seller is liable to the consumer that at the time the consumer took over the item, the item has the properties negotiated by the parties and, in the absence of an arrangement, such properties as the seller or the manufacturer has described or as the buyer has expected with regard to the nature of the goods and based on the advertising used by the seller, the item is fit for the purpose which the seller described for its use or for which the item is normally used; the item corresponds to the quality or design of the agreed sample or original if the quality or design was determined according to the agreed sample or original the item is in the appropriate quantity, degree or weight; and, the item complies with the legal requirements.If the item does not have the above characteristics, the consumer may also require the delivery of a new item without defects if this is not disproportionate due to the nature of the defect, but if the defect relates only to parts of the item, the consumer may only require replacement of that part; if this is not possible, the consumer may withdraw from the contract. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the consumer has the right to a free removal of the defect. The consumer even is entitled to a new item or to a replacement in the case of a defect that can be remedied if the item cannot be properly used for repeated occurrence of the defects after repair or for more defects. In such a case, the consumer has the right to withdraw from the contract
If the consumer does not withdraw from the contract or if the consumer does not exercise the right to be delivered a new item without defects, to have its part replaced or to have the item repaired, the consumer may require a reasonable discount. The consumer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, replace or repair the item, and if the seller fails to remedy within a reasonable time or in the case the remedy would cause serious difficulties to the consumer.
The right arising from defective performance does not belong to the buyer if the buyer knew before the acceptance that the item was defective or if the buyer caused the defect himself.
The consumer is entitled to claim the right arising from a defect that occurs with consumer goods within twenty-four months of the acceptance. If a defect occurs within six months of the acceptance, the item is deemed to have been defective at the time of its acceptance.Other rights and obligations of the parties relating to the seller's liability for defects may be regulated by the seller's Complaint´s Rules.