Complaints Procedure

This complaints procedure governs rights arising from defective performance (“complaints”) in the sale of goods by Mr Petr Tesař, Company ID 75964082, registered at Husova 742, 357 35 Chodov, Czech Republic (the “Seller”). It is based in particular on Sections 2099 et seq. and 2158 et seq. of Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as in effect from 6 January 2023.

Provisions marked as applying to consumers apply to buyers who are natural persons purchasing outside the scope of their business (“consumers”). Article 7 applies to business buyers.

1. Seller’s liability for defects

1.1. The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable that the goods:

1. match the agreed description, type and quantity, as well as the agreed quality, functionality, compatibility, interoperability and other agreed characteristics;
2. are fit for the purpose for which the Buyer requires them and to which the Seller agreed;
3. are supplied with the agreed accessories and instructions for use, including assembly or installation instructions;
4. are fit for the purpose for which goods of this kind are normally used and, in terms of quantity, quality and other characteristics (including durability, functionality, compatibility and safety), correspond to the usual characteristics of goods of the same kind that the Buyer may reasonably expect, also taking into account public statements by the Seller or manufacturer, in particular advertising or labelling;
5. correspond to the quality or design of a sample or model provided by the Seller before the contract was concluded;
6. comply with legal requirements.

1.2. For goods with digital elements (e.g. computers, laptops, phones, network devices), the Seller ensures that the consumer receives updates to the digital content or service, including security updates, for the period the consumer may reasonably expect, and is informed about them. The Seller is not liable for a defect caused by the consumer failing to install an update within a reasonable time despite being informed of it and of the consequences of not installing it.

1.3. Incorrect installation or assembly of the goods carried out by the Seller or a person for whom the Seller is responsible, or by the consumer following faulty instructions supplied by the Seller, is also a defect.

1.4. When collecting goods in person or receiving them from a carrier, we recommend checking the goods, their completeness and the integrity of the packaging, and reporting any obvious defects to the Seller immediately or noting them on the delivery document.

2. Time limits for making a complaint

2.1. A consumer may complain about a defect that becomes apparent within 24 months of receipt of the goods.

2.2. If a defect becomes apparent within one year of receipt, the goods are presumed to have been defective upon receipt, unless the nature of the goods or the defect rules this out. This period does not run while the consumer cannot use the goods after rightfully raising a defect.

2.3. For used goods, a shorter period than in paragraph 2.1 may be agreed, but not less than 12 months; such a period must be stated in the purchase contract or on the proof of purchase. For used goods, the Seller is not liable for defects corresponding to the degree of their previous use or wear.

2.4. If a use-by period or a period during which the goods may be used is stated on the goods, their packaging or in the instructions, the provisions on quality warranty (Sections 2113 et seq. of the Civil Code) apply.

2.5. If the Seller or manufacturer has provided a quality warranty beyond the law (e.g. a longer warranty period), its scope and conditions are stated in the warranty certificate or on the proof of purchase.

2.6. The Buyer should report a defect without undue delay after discovering it. The Seller is not liable for any increase in damage if the Buyer continues to use the goods despite knowing of the defect.

3. How to make a complaint

3.1. A complaint can be made:

• in person at the Seller’s registered address, Husova 742, 357 35 Chodov (we recommend arranging your visit by phone in advance),
• by email to info@pcservispt.cz, or
• by sending the goods to the Seller’s registered address.

3.2. If the warranty certificate or proof of purchase names another person responsible for repairs (e.g. the manufacturer’s authorised service centre) located at the Seller’s premises or closer to the Buyer, the Buyer may also make the complaint there.

3.3. When making a complaint, the Buyer describes the defect, states the requested remedy and hands over the goods, ideally including accessories. For faster handling we recommend providing the proof of purchase; the purchase may also be proven by other credible means (e.g. a bank statement).

3.4. When a complaint is made, the Seller issues the consumer with a written confirmation stating the date of the complaint, its content, the remedy requested by the consumer and the consumer’s contact details for notification of the outcome.

4. Rights arising from defective performance

4.1. If the goods are defective, the consumer may request that the defect be remedied, at the consumer’s choice, by delivery of new, defect-free goods or by repair, unless the chosen remedy is impossible or disproportionately costly compared with the other; this is 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 remedied the other way without significant inconvenience to the consumer.

4.2. The Seller may refuse to remedy the defect if this is impossible or disproportionately costly, in particular with regard to the significance of the defect and the value the goods would have without it.

4.3. The consumer may request a reasonable price reduction or withdraw from the contract if:

1. the Seller refused to remedy the defect or did not remedy it (within a reasonable time or without significant inconvenience to the consumer),
2. the defect recurs,
3. the defect constitutes a material breach of contract, or
4. it is clear from the Seller’s statement or the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the consumer.

4.4. The consumer may not withdraw from the contract if the defect is insignificant; a defect is presumed not to be insignificant. Upon withdrawal, the Seller refunds the purchase price without undue delay after receiving the goods or proof that they have been sent.

4.5. When delivering new goods or upon withdrawal from the contract, the Seller takes back the defective goods at its own expense.

4.6. The Buyer has no rights arising from defective performance if the Buyer caused the defect or knew of it before receipt (e.g. if a price reduction was granted for it).

5. Handling of complaints

5.1. The Seller assesses the complaint and decides on it without undue delay.

5.2. The complaint, including removal of the defect, must be handled and the consumer informed within 30 days at the latest from the date of the complaint, unless the Seller and the consumer agree on a longer period. Failure to meet this deadline is considered a material breach of contract, and the consumer may withdraw from the contract or request a reasonable price reduction.

5.3. Upon handling the complaint, the Seller issues the consumer with a written confirmation stating the date and method of handling, including confirmation of the repair carried out and its duration, or a written justification for rejecting the complaint.

5.4. If the complaint is justified, the Buyer is entitled to reimbursement of reasonably incurred costs associated with it (e.g. postage).

5.5. The period under paragraph 2.1 does not run from the time a justified complaint is made until it is resolved, while the consumer cannot use the goods.

5.6. We recommend backing up your data before handing over goods for repair. Repairs to computers and other devices with storage may result in data loss; the Seller is not liable for data stored on the device unless the loss was caused intentionally or through gross negligence.

6. When the Seller is not liable

6.1. The Seller is not liable in particular for defects caused by:

1. wear and tear from normal use, or defects arising from the nature of the goods;
2. improper use, storage or maintenance contrary to the instructions for use;
3. mechanical damage to the goods after receipt;
4. unprofessional interference, installation or changes to parameters by the Buyer or a third party (does not apply to defects under paragraph 1.3);
5. use of the goods in an environment whose temperature, dust, humidity or other conditions do not match those specified by the manufacturer;
6. natural disasters or other external events for which the Seller is not responsible;
7. failure to install an update under the conditions stated in paragraph 1.2.

6.2. For used goods, the Seller is not liable for defects corresponding to the degree of use or wear the goods had upon receipt.

7. Business buyers

7.1. If the Buyer is a business purchasing within the scope of its business, rights arising from defective performance are governed by Sections 2099 et seq. of the Civil Code; articles 2.1, 2.2, 3.4 and 5.1 to 5.3 do not apply.

7.2. A business buyer must inspect the goods as soon as possible after receipt and report defects without undue delay, and no later than 2 years from receipt. The Seller provides a quality warranty to business buyers only if expressly stated for the goods.

7.3. The Seller handles complaints from business buyers within a reasonable period, usually within 30 days.

8. Out-of-court dispute resolution

8.1. The Czech Trade Inspection Authority (Česká obchodní inspekce), Central Inspectorate – ADR Department, Gorazdova 1969/24, 120 00 Prague 2, email: adr@coi.gov.cz, website: adr.coi.gov.cz, is competent for out-of-court resolution of consumer disputes arising from purchase contracts. A proposal may be submitted within one year of the date on which the consumer first exercised their right with the Seller.

8.2. Compliance with the Consumer Protection Act is supervised by the Czech Trade Inspection Authority (www.coi.gov.cz).

9. Final provisions

9.1. This complaints procedure takes effect on 23 October 2026 and replaces the complaints procedure effective from 1 January 2018. Complaints about goods purchased before it took effect are governed by the complaints procedure in effect on the date of purchase, unless this complaints procedure is more favourable to the Buyer.

9.2. This complaints procedure does not affect the Buyer’s statutory rights.