Claims and Returns

 

 

 

 

 

 

RIGHTS FROM DEFECTIVE PERFORMANCE

• We guarantee that at the time the risk of damage to the Goods passes according to Article 7 of the Terms and Conditions, the Goods are free of defects, in particular, that the Goods:
  1. match the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed features;
  2. are suitable for the purpose for which you require them and to which we agreed;
  3. are supplied with the agreed accessories;
  4. are suitable for the purpose for which Goods of this type are usually used;
  5. correspond in quantity, quality, and other properties, including durability, functionality, compatibility, and safety, to the usual properties of Goods of the same type that you can reasonably expect, even with regard to public statements made by us or another person in the same contractual chain, in particular by advertising or labeling;
  6. correspond in quality or design to the sample or model provided to you before the conclusion of the contract.
• Rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
• In the event that the Goods have a defect, i.e., especially if any of the conditions according to Art. 1 are not met, you can notify Us of such defect and exercise rights from defective performance (i.e., claim the Goods) by sending an e-mail to info@medikards.cz or a letter to Our address Cesta svobody 340/14, Říčany, 251 01. For a claim, you can also use the sample form provided by Us, Annex 2 to the Terms and Conditions. To exercise the right from defective performance, you must choose how you want the defect resolved, and you cannot subsequently change this choice without Our consent. We will process the claim in accordance with the right from defective performance exercised by you.
• If the Goods have a defect, you have the following rights:
  1. to have the defect removed by delivering new Goods without defect, or by delivering the missing part of the Goods; or
  2. to have the defect removed by repairing the Goods,

unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other method, which shall be assessed in particular with regard to the significance of the defect, the value the Goods would have without the defect, and whether the defect can be removed by the other method without significant difficulties for you.

• We are entitled to refuse to remove the defect if it is impossible or disproportionately expensive, in particular with regard to the significance of the defect and the value the Goods would have without the defect.
• You also have the right to:
  1. a reasonable discount on the Price; or
  2. withdraw from the Agreement,

if:

1. we refuse to remove the defect or do not remove it in accordance with legal regulations;
2. the defect manifests itself repeatedly;
3. the defect is a material breach of the Agreement; or
4. it is apparent from our statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for you.

• The right to withdraw from the Agreement does not apply if the defect of the Goods is insignificant.
• If you caused the defect on the Goods yourself, you are not entitled to rights from defective performance.
• A defect in the Goods is not the wear and tear of the Goods caused by their normal use or, in the case of used Goods, wear and tear corresponding to the extent of their previous use.
• When a claim is made, we will issue a written confirmation to you stating:
  1. the date you made the claim;
  2. the content of the claim;
  3. the method of claim settlement you require;
  4. your contact details for the purpose of providing information on the settlement of the claim.
• Unless we agree on a longer period, we will remove the defects within 30 days from receiving the claim and provide you with information on the settlement of the claim to the contact details provided. If this period expires without result, you may withdraw from the Agreement or demand a reasonable discount.
• We will inform you about the settlement of the claim by e-mail and issue you a confirmation of the date and method of the claim settlement. If the claim is justified, you are entitled to compensation for purposefully incurred costs. You are obliged to prove these costs, e.g., by receipts or confirmations of the shipping price. In the event that the defect was removed by delivering new Goods, it is your obligation to return the original Goods to Us, but We bear the costs of this return.
• If you are a consumer, you have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within a period of 24 months from the receipt of the Goods.

 

WITHDRAWAL FROM THE AGREEMENT

1. • Withdrawal from the Agreement, i.e., termination of the contractual relationship between Us and You from its inception, may occur for reasons and in ways specified in this article, or in other provisions of the Terms and Conditions in which the possibility of withdrawal is explicitly stated.
   • If you are a consumer, i.e., a person purchasing Goods outside your business activity, you have the right to withdraw from the Agreement without giving a reason within 14 days from the conclusion of the Agreement, or if it is a purchase of goods, then within fourteen days from their receipt, in accordance with the provisions of Section 1829 of the Civil Code. In the event that we have concluded an Agreement whose subject is several pieces of Goods or the delivery of several parts of Goods, this period starts on the day of delivery of the last piece or part of the Goods, and in the event that we have concluded an Agreement based on which we will supply Goods to you regularly and repeatedly, it starts on the day of the first delivery.
   • You can withdraw from the Agreement in any demonstrable way (especially by sending an e-mail to Info@medikards.cz or a letter to Our addresses stated in Our identification details). For withdrawal, you can also use the sample form provided by Us, which forms Annex No. 2 of the Terms and Conditions.
   • Even as a consumer, however, you cannot withdraw from the Agreement in cases where the subject of the Agreement is performance stated in Section 1837 of the Civil Code.
   • The withdrawal period according to Art. 2 of the Terms and Conditions is considered maintained if you send Us a notification that you are withdrawing from the Agreement during its course.
   • In case of withdrawal from the Agreement according to Art. 2 of the Terms and Conditions, you are obliged to send the Goods back to Us within 14 days from the withdrawal and bear the costs associated with returning the goods to Us. In case of withdrawal due to Our breach of the concluded Agreement, we also bear the costs associated with returning the goods to Us, but again only up to the amount of the Shipping Price corresponding to the cheapest offered method of delivery of the Goods that we offered when delivering the Goods.
   • In case of withdrawal from the Agreement, the Price will be returned to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account chosen for withdrawal from the Agreement. However, the amount will not be returned before we receive the Goods or you prove to Us that they have been sent back to Us. Please return the Goods to us clean, if possible including the original packaging.
   • In case of withdrawal from the Agreement according to Art. 2 of the Terms and Conditions, however, you are liable to Us for the decrease in the value of the Goods caused by handling the goods other than is necessary for you to become familiar with the nature, properties, and functionality of the Goods, i.e., the way you would become familiar with the Goods in a brick-and-mortar store. In the event that we have not yet returned the Price to you, we are entitled to set off the claim for costs against your claim for the return of the Price.

 

Annex 1 - Claim

Annex 2 - Withdrawal from the purchase agreement