1.1. Who are we and how can you contact us?
We are GIZMANIA s.r.o., ID No.: 24208230, with registered office at Bubenské nábřeží 306/13, Holešovice, 170 00 Prague 7, registered at the Municipal Court in Prague, file No. C 188745 (hereinafter referred to as "we" or "GIZMANIA"). On the https://www.gizmania.hr/ e-shop we offer you goods (the e-shop is also referred to as "the shop"). If you order goods from us in the shop, we act as a seller to you and you act as a buyer.
If you would like help with anything, you can contact us here:
- Telephone number: [+4206078396]
- E-mail address: [email@example.com]
- Delivery address: [Gizmania s.r.o., Bubenské nábřeží 306/13, Hall No. 27, 170 00 Prague 7 - Holešovice]
1.2. Who are you?
You can be both human beings (natural persons) and legal entities. You can be consumers or entrepreneurs. But mainly you order goods in our shop (hereinafter referred to as "you").
- Who is a consumer?
Any person who enters into a contract of sale or other contract with us outside the scope of his or her business activity or outside the scope of the independent exercise of his or her profession. This Complaints Procedure protects the consumer in accordance with legal regulations.
- Who is an entrepreneur?
A person or legal entity that enters into a purchase contract or other contract with us not as a consumer. If you enter into a contract with us as an entrepreneur, the provisions of this Complaints Procedure, which according to this Complaints Procedure are intended for consumers, do not apply to you.
1.3. What is this Complaints Procedure
This Complaints Procedure is a binding legal document which is an integral part of the contract concluded between you and us on the basis of your order in the shop and an integral part of the terms and conditions. This means that the contract and the terms and conditions of business are governed by it. In the Complaints Procedure you will find out how you can complain about defective goods and what you are entitled to.
1.4. Can we agree on anything other than what you find in the Complaints Procedure?
Yes, we can also agree individually in a separate purchase agreement or other contract. Our individual arrangements take precedence over this Complaints Procedure.
2. What is the defect?
2.1. A defect is our nightmare. Although we try to sell the best goods, sometimes defects are unavoidable. What constitutes a defect in goods is defined in Article 2.2 of the Complaints Code for consumer buyers and Article 2.3 of the Complaints Code for business buyers. The performance of another thing is also considered a defect. Defects in the documents necessary for the use of the goods are also considered to be a defect.
2.2. If you enter into a contract with us as a consumer, we are liable for the fact that the goods:
- conforms to the agreed description, type and quantity, as well as the quality, functionality, compatibility, interoperability and other features described in the shop or agreed between us;
- is fit for the purpose for which you require it and to which we have agreed;
- is supplied with the agreed accessories, including packaging, instructions for use and assembly or installation instructions, which you can reasonably expect;
- is fit for the purpose for which goods of that kind are normally used, including having regard to the rights of third parties, legislation, technical standards or industry codes of practice, where there are no technical standards;
- it is equivalent in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind that you can reasonably expect, including having regard to our public statements or statements made by persons in the same contractual chain as us (e.g. the manufacturer), in particular advertising or labelling;
- conforms in quality or workmanship to the sample or specimen that we provided to you before entering into the contract;
- we will install or fit the goods if we have agreed that the fitting or installation of the goods will be carried out by us or by a third party under our responsibility; similarly, we will be liable for defects in the goods caused by incorrect fitting or installation which was carried out by you under the contract and the defect is due to a defect in the instructions we provided for the goods.
2.3 If you enter into a contract with us as a business, we are responsible for the following:
a) we will deliver to you in the agreed quantity, quality and workmanship; if quality and workmanship are not agreed, we will perform in a quality and workmanship suitable for the purpose evident from the contract, otherwise customary for the purpose;
(b) corresponds in quality or workmanship to the sample or specimen; if the quality or workmanship specified in the contract and the sample or specimen differ, the contract shall govern; if the contract and the sample specify the quality or workmanship differently but not inconsistently, the goods must conform to both the contract and the sample or specimen.
3. By when must you claim and what are you entitled to?
3.1 First, let's look at how things work when you enter into a contract as a consumer.
- We will only be liable to you for any defect in the goods which the goods had when you took delivery of them, even if that defect becomes apparent later. Our obligations under the quality guarantee are not affected if we have given you this guarantee in excess of the law.
- If, within 2 years of receipt, the goods show a defect (in the case of sales of second-hand goods within 1 year) that was already present when you received them, you can claim for it. Ideally, you should complain about the defect without undue delay after discovering it; at the latest, you can complain about it within the limitation period of 3 years from the moment you discover the defect, if the defect has become apparent within 2 years of taking delivery of the goods (or within 1 year for second-hand goods). Later, we may not accept your claim.
- If you rightly discover the defect, the period of 2 years (or 1 year for second-hand goods) referred to in the previous paragraph does not apply for as long as you as a consumer cannot use the goods.
- If a defect in the goods becomes apparent within 1 year of receipt, the goods are deemed to have been defective on receipt unless the nature of the goods or the defect precludes this. This period does not run for as long as you cannot use the goods if you have rightly complained about the defect. This means that you do not have to prove that the goods were already defective when you received them if you make a claim within 1 year of receipt. If the defect in the goods becomes apparent after 1 year from receipt, you must instead prove to us that the goods were defective when you received them. Otherwise we may not accept your claim.
- What are you entitled to when making a claim as a consumer?
- Primarily, as consumers, you are entitled to free repair of the goods or delivery of new goods without defect at your choice, unless the chosen method of rectification is impossible or disproportionately expensive compared to the other. If your chosen method of remedying the defect is impossible or disproportionately expensive compared to the other method (in particular having regard to the significance of the defect, the value the goods would have without the defect and whether the defect can be remedied by the other method without significant inconvenience to you), we may remedy the defect by the other method. As the seller, we may refuse to remedy the defect if it is impossible or unreasonably expensive to do so, having regard in particular to the significance of the defect and the value the goods would have had without the defect.
- Where (i) we refuse to remedy the defect or fail to remedy it within a reasonable time after it is pointed out so as not to cause you substantial inconvenience having regard to the nature of the goods and the purpose for which you bought them, or (ii) it is obvious from the circumstances that, that the defect will not be remedied within a reasonable time or without substantial inconvenience to you, or (iii) the defect is repeated, or (iv) the defect is a material breach of contract, you may claim a reasonable reduction in the price or you may withdraw from the contract. The reasonable discount will be determined as the difference between the value of the non-defective goods and the defective goods that we have provided to you. You cannot withdraw from the contract if the defect in the goods is only insignificant; it is deemed not to be insignificant. If you withdraw from the contract, we will refund the purchase price without undue delay after we have received the goods or after you have proved to us that you have dispatched the goods.
- Unless we have fulfilled our obligations under the defective performance, you do not have to pay us the outstanding price of the goods or any part of it.
3.2 Now let's look at how things work for us when you enter into a contract as a business (for example, because you are ordering goods for your business).
- You can only claim for defects in the goods that were already present when the risk of damage passed to you as the buyer, even if they do not become apparent until later. Our obligations under the quality guarantee are not affected if we have provided you with this guarantee in excess of the law.
- You are obliged to inspect the goods as soon as possible after the risk of damage to the goods has passed and to satisfy yourself as to their characteristics and quantity. This means that you are obliged to inspect the goods you receive from us in person, to check the goods for completeness and the integrity of the packaging, and to check the condition of the goods properly and carefully when you receive them from the carrier. If any defects or deficiencies are found, you are obliged to notify the person in charge (employee or carrier) immediately and you are entitled not to accept such goods. If you accept such damaged goods, you must immediately describe the damage in a handover or similar report and inform us of this. Breach of this obligation shall extinguish your rights under the defective performance.
- You must object to obvious defects in the goods without undue delay after you could have discovered them with timely inspection and sufficient care. Otherwise, you will lose the possibility of effectively exercising your rights under the defective performance in court proceedings.
- You must claim for latent defects without undue delay after you have discovered them or should have discovered them with reasonable diligence, at the latest within two years of receipt of the goods. Otherwise, as in the previous paragraph, you will lose the possibility of effectively exercising your right for latent defects in court proceedings.
- What are you entitled to in a complaint as a business?
- If the defective performance is a material breach of contract, you have the right to (i) have the defect remedied by supplying a new item without defect or by supplying a missing item, (ii) have the defect remedied by repairing the item, (iii) receive a reasonable discount on the purchase price, or (iv) withdraw from the contract.
- A defect is a material breach of contract if we knew or should have known at the time of entering into the contract that you would not have entered into the contract if you had foreseen the breach.
- If you do not notify the defect in time, even in the case of a defective performance that is a material breach of contract, you have only the same rights as in the case of a defective performance that is not a material breach of contract.
- If the defective performance is a non-substantial breach of contract, you are entitled: (i) to require the defect to be remedied, or (ii) to require a reasonable discount on the purchase price.
- If we fail or refuse to remedy the defect in a timely manner, you may demand: (i) a reduction in the purchase price; or (ii) you may cancel the contract. You cannot change the choice you have made without our consent.
- A defect is a material breach of contract if we knew about it when we entered into the contract or must have known that you would not have entered into the contract if you had foreseen the breach. Otherwise, the breach is not considered to be material.
- If the defective performance is a material breach of the contract, you have the right to have the defect remedied by the delivery of new goods without defect or by the delivery of the missing goods, to have the defect remedied by the repair of the goods, to receive a reasonable discount on the purchase price, or to withdraw from the contract.
- If the defective performance is an insubstantial breach of contract, you have the right to have the defect remedied or a reasonable discount on the price.
- Reclamation does not release you from the obligation to pay the price of the goods. Section 2108 of the Civil Code (Act No. 89/2012 Coll.) does not apply.
3.3 Finally, let's see what applies to all customers:
- The defect period is not to be confused with the useful life of the goods, i.e. the period of time during which the goods will retain, under normal use, the required functions and performance given the nature of the particular goods, including any reasonable maintenance required. The Customer acknowledges that the lifetime of extreme sports goods may not correspond to the period of time specified for the defect, as such goods may be more subject to wear and tear which may be considered as wear and tear caused by normal use. Wear and tear caused by normal use is not a defect. A claim for normal wear and tear may be rejected in particular on the ground that the item is not defective in the true sense of the word at all.
- You will first have to pay the costs of the claim. However, we will reimburse you if we find that the fault lies with us. However, we do not own the gold mine, so we will only reimburse you for the reasonable costs of an accepted claim. So be sure to claim as soon as possible.
- You can only rectify a faulty item yourself or have it rectified by someone else if we have agreed to do so. Otherwise, we do not have to reimburse you for the costs incurred. By removing the defect, we lose the opportunity to check for ourselves whether the goods were really defective and whether the claim is therefore justified.
- If you have a problem with the way we handle a claim, we would be happy for you to address it with us first. Just contact us by any means. If you are a consumer and wish to resolve any disputes out of court, you can contact an out-of-court dispute resolution body. This is, for example, the Czech Trade Inspection Authority at www.coi.cz/informace-o-adr. Alternatively, as a consumer, you can resolve your dispute online via the EU ODR platform at www.ec.europa.eu/consumers/odr.
- And of course you also have the right to go to court. For example, if you are not satisfied with the way we have handled or even failed to handle your complaint.
4. What should you do if you find a defect in the goods?
4.1. It's not for nothing that they say it's easier to get on with two people. Contact us and tell us:
- what the defect in the item is, or how it manifests itself (you can also describe the defect by filling out the form available here);
- whether you want to repair the defect, exchange the goods for a new one, withdraw from the contract or want a reasonable discount;
- what is your name and address, or what is your name, registration number and registered office (ideally include phone and email so we can get in touch with you more quickly);
- a copy of the proof of purchase (invoice, receipt or other document) or the number of the proof we gave you when you entered into the contract, or prove in some other credible way that the goods were purchased and when they were purchased.
You may contact us by any means available. For example, if you live in Prague or its vicinity, you can visit us at our delivery address [Gizmania s.r.o., Bubenské nábřeží 306/13, hall no. 27, 170 00 Prague 7 - Holešovice]. In other cases, you can, for example, send us an e-mail to [firstname.lastname@example.org] and then send the goods according to paragraph 4.2. of the Complaints Procedure. However, it is of course up to you which method you prefer. You can report (reproach) the defect in any demonstrable way. You should, however, bear in mind that you should choose the most expedient method of complaint, as we are only obliged to reimburse you for the reasonable costs of an acknowledged complaint.
4.2 In addition, we will need you to deliver the defective goods free from all contamination together with a notice of defect in accordance with paragraph 4.1 of the Complaints Procedure or without undue delay thereafter. It is not necessary to send the complete goods, but only the defective part, unless we individually agree otherwise or invite you to do so.
4.3 If you are a consumer, we will take delivery of the goods at our own expense to rectify the defect. If this requires dismantling an item whose assembly was carried out in accordance with the nature and purpose of the item before the defect became apparent, we will dismantle the defective item and assemble a repaired or new item or pay the costs of doing so.
4.4 As soon as we receive a claim from you, our emergency crew will rush out to resolve everything as quickly as possible.
5. By when will we resolve the complaint?
5.1. If you are a consumer, we guarantee that we will deal with your complaint within 30 days of it being made. The time when we receive from you all of the information listed in paragraph 4.1 of the Complaints Procedure together with the defective goods in accordance with paragraph 4.2 of the Complaints Procedure, unless the complaint can be settled without it. We will also inform you of the settlement of the complaint within this period. After the expiry of the time limit, you may withdraw from the contract or demand a reasonable discount. If you are not a consumer, we will try to do everything within the same time limits, but we do not guarantee a maximum time limit.
5.2 We will first confirm when you, as a consumer, made the complaint, what the content of the complaint is, what method of handling the complaint you require and what contact details you have provided to us to provide information about handling the complaint. Once everything is done, you will receive from us in black and white the date and method of handling the complaint, including confirmation of the repair and the duration of the repair. If we are unable to accept your claim, we will not keep the reasons from you. On the contrary, we will explain everything as clearly as possible. For non-consumer contracts, we are not obliged to record the complaint procedure in this detail. However, if you wish, we will certainly make arrangements.
5.3 If we are unable to deal with a complaint in time, we will contact you. Of course, only if we have your phone number or email. It will be up to you whether you pull the rug out from under us and agree to extend the deadline.
5.4 If you send us the goods by post, they will automatically be sent back to your address after the claim has been dealt with.
5.5 If you do not collect the goods within a reasonable time after we have notified you of the possibility of collecting the goods after repair, we will be entitled to a storage charge at the normal rate.
6. Quality guarantee
6.1 If we provide you with a guarantee of quality and you are a consumer, the scope, conditions and methods of exercising your right under the defective performance shall be governed in priority by the information set out in the guarantee certificate which we are obliged to issue. The information not contained in the guarantee certificate and therefore defects not covered by the guarantee shall be subject to this Complaints Procedure and to the applicable and effective legal provisions. The consumer's right to free remedy under the Civil Code is not affected by the quality guarantee.
7. When are we not liable for defects?
7.1. Although we will always try to accommodate you, in some cases it is not fair for us to remedy defects for which we are not responsible. In particular, a claim may be rejected on the grounds that the item is not defective in the true sense of the word. Therefore, in particular, we are not liable for defects in goods if:
- the defect was caused by you or by anyone you allowed to use the goods (for example, by not following the instructions available, among other things, in the Scootpedia shop when using the goods and as a result the defect has arisen), and/or
- is wear and tear caused by normal use of the goods or, in the case of second-hand goods, wear and tear corresponding to the extent of their previous use; by such normal wear and tear you can imagine, for example, a situation in which the goods may serve the purpose for which they were intended, but as a result of their use their appearance has changed or their effectiveness has been slightly reduced.
8. All's well that ends well
8.1 The legal relations between us and you arising from a contract of sale or other contract shall be governed by the law of the Czech Republic to the exclusion of rules of private international law. We expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. This choice of law is without prejudice to the rights you may have as a consumer under the law that would otherwise apply to our legal relationship.
8.2 Any disputes arising out of the contract will be settled by us before the courts of the Czech Republic having jurisdiction in the jurisdiction of our registered office. This choice of court jurisdiction does not apply to consumers.
8.3 If any provision of these Complaints Procedure is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
8.4 As the Seller, we are not bound by any code of conduct within the meaning of Section 1820(1)(n) of the Civil Code.
8.5. We apply this Complaints Code to all contracts we enter into with customers from 06.01.2023.