(version effective from January 6, 2025)
1.1 The entrepreneur Martin Dušek, with registered office at Dolní cesta 302, 561 51 Letohrad, ID No. 87426587, VAT No. CZ7604033690, a natural person operating under the Trade Licensing Act not registered in the Commercial Register (hereinafter referred to as the "seller" or "Martin Dušek"), hereby informs the buyer, who is a consumer (hereinafter referred to as the "customer" or "buyer"), about the scope, conditions, and procedure for exercising rights arising from the seller's liability for defects, including warranty defects (hereinafter referred to as "complaint"), in accordance with § 1811 paragraph 2 letter f) and § 1820 paragraph 1 letter m) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), and § 13 of Act No. 634/1992 Coll. on Consumer Protection (hereinafter referred to as the "Consumer Protection Act"). Rights related to the seller's liability for defects in goods concerning a buyer who is not a consumer are governed exclusively by the currently valid general business terms and the Civil Code, and the provisions contained in this complaint procedure will not apply unless specified otherwise in the seller's terms and conditions.
1.2 This complaint procedure is issued in accordance with the Civil Code, the Consumer Protection Act, and other generally binding legal regulations of the Czech Republic.
1.3 This complaint procedure is displayed in a visible place accessible to the customer at every seller's place of business and is also published on the seller's website. By concluding a purchase agreement through the seller's e-shop (www.4dox.com), this complaint procedure becomes part of the contractual documentation between the customer and the seller. In case of complaints, in case of a conflict between the provisions of the seller's general business terms and the provisions of this complaint procedure, the provisions of the complaint procedure shall prevail.
2.1 The seller is liable to the buyer that the goods are free from defects at the time of receipt.
2.1.1 The seller is especially liable to the buyer that the goods:
a) correspond to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed properties,
b) are suitable for the purpose for which the buyer requires them and which the seller has agreed to, and
c) are delivered with the agreed accessories and instructions for use, including assembly or installation instructions.
2.1.2 The seller is liable to the buyer that, in addition to the agreed properties of the goods:
a) the goods are suitable for the purpose for which goods of this kind are usually used, considering third-party rights, legal regulations, technical standards, or industry codes of conduct, unless there are no technical standards,
b) the goods, in terms of quantity, quality, and other properties, including durability, functionality, compatibility, and safety, conform to the usual characteristics of goods of the same kind, which the buyer may reasonably expect, considering public statements made by the seller or another person in the same contractual chain, especially advertising or labeling,
c) the goods are delivered with accessories, including packaging, assembly instructions, and other instructions for use, which the buyer may reasonably expect,
d) the goods correspond in quality or workmanship to the sample or model provided by the seller to the buyer before the conclusion of the contract.
The above provisions do not apply if the seller has specifically informed the buyer before the contract was concluded that a certain property of the goods differs and the buyer has explicitly agreed to this when concluding the contract. The seller is also not bound by a public statement as mentioned in letter b) above if it can prove that it was unaware of it or that it was modified at the time of the conclusion of the contract in a manner comparable to the way it was made, or that it could not have influenced the decision to purchase.
2.1.3 The seller is also liable to the buyer for defects caused by improper assembly or installation carried out by the seller or on its responsibility. This also applies if the assembly or installation was performed by the buyer, and the defect occurred due to a deficiency in the instructions provided by the seller.
2.2 A defect does not include the wear and tear of goods caused by their usual use, or in the case of used goods, wear and tear corresponding to the extent of their previous use (§ 2167 paragraph 2 of the Civil Code). The buyer is not entitled to rights for defects if they caused the defect themselves (§ 2167 paragraph 1 of the Civil Code).
2.3 The buyer is entitled to exercise their rights concerning a defect that occurs in the goods within two years of receipt and, in the case of used goods, within twelve months from receipt of the goods (§ 2165 paragraph 1 and § 2168 of the Civil Code); if the buyer rightly complains about a defect, this period does not run during the time the buyer cannot use the goods. If the defect appears within one year of receipt, it is presumed that the goods were defective already at the time of receipt, unless the nature of the goods or defect excludes this; this period does not run during the time the buyer cannot use the goods, in case the defect was rightly complained about.
2.4. Warranty for Quality (§ 2113 et seq. of the Civil Code).
The seller may provide a warranty for the quality of the goods beyond the seller's liability for defects as prescribed by law, and the conditions and extent of this warranty shall be defined in this statement. The seller will issue a warranty certificate (warranty document) in accordance with the provisions of § 2174a of the Civil Code. The warranty for quality can also arise from a statement made in an advertisement available at the latest at the time the purchase contract is concluded. In case of a discrepancy between the content of the stated declarations, the content of the declaration in the advertisement will prevail, if it is more favorable to the buyer, unless it was subsequently modified before the conclusion of the contract in the same or a comparable manner as the advertisement was made.
2.5 If a warranty for quality is provided, the warranty period begins when the goods are delivered to the buyer; if the goods are sent under the contract, the period starts from the arrival of the goods at the designated place. If someone other than the seller installs the purchased goods, the warranty period begins from the day the goods are put into operation, provided the buyer ordered the installation no later than three weeks after receiving the goods and properly and timely provided the necessary cooperation for the service (§ 2115 of the Civil Code).
2.6 If the buyer rightly complains about a defect, the period for exercising rights arising from the liability for defects or warranty does not run from the time of filing the complaint until the time when the buyer was required to accept the goods after the complaint has been processed (or has already accepted them). If the complaint is resolved by exchanging the goods or their parts, a new period for exercising rights regarding the liability for defects or warranty does not begin from the delivery of the new goods or parts.
2.7 If the seller offers additional goods free of charge as a gift to the buyer with the purchased goods, it is at the buyer's discretion whether to accept the gift. The gift is not part of the purchase, so the seller is not liable for any defects. If the gift has defects that the seller did not inform the buyer about, the buyer is entitled to return the gift.
3.1. A defect in the goods can be raised (complaint) at any of the seller's establishments, i.e. at any store of the seller or at the seller's headquarters (§ 19 paragraph 1 of the Consumer Protection Act), either in person or in writing. The buyer may also raise a defect in the goods via email at order@4dox.com or by phone at the customer service line at +420 773 774 224. If another party is designated to perform repairs (the "warranty service"), which is closer to the buyer or at the seller's location, the buyer may raise the defect with this warranty service (§ 2172 of the Civil Code). The buyer can find the addresses and phone contacts of the warranty services in the warranty document. Unless otherwise stated in this complaints procedure, raising a complaint (complaint) refers to both raising a defect in goods under the seller’s liability for defects in the goods and under the warranty.
3.2. To remove the defect, the seller shall take the goods at their own expense. If the defect requires disassembly of the item, which was assembled according to the nature and purpose of the item before the defect appeared, the seller shall perform the disassembly of the defective item and the assembly of the repaired or new item, or reimburse the costs associated with this (§2170 of the Civil Code).
3.3. The seller or warranty service is obliged to issue a written confirmation when the complaint is raised, stating when the buyer raised the complaint, the content of the complaint, and the method of complaint resolution requested by the buyer (§ 19 paragraph 2 of the Consumer Protection Act); the confirmation must also include the buyer’s contact details for information regarding the resolution of the complaint. This confirmation is also a copy of the complaint protocol. If the customer raises the complaint via remote communication, the seller (or warranty service) must send the confirmation by email without delay if the email is known to them.
3.4. The complaint and defect removal must be resolved, and the consumer must be informed of the resolution within 30 days from the date the complaint is raised, unless the seller and the consumer agree to a longer period (§ 19 paragraph 3 of the Consumer Protection Act). After this period expires without a resolution, the buyer may withdraw from the contract or request a reasonable discount. The seller will inform the buyer about the resolution of the complaint via the phone number or email address provided by the buyer. If the resolution notice cannot be delivered in this way, it will be sent in writing to the address provided by the buyer in the complaint protocol.
3.5. The seller or warranty service must provide the buyer with written confirmation of the date and method of resolving the complaint, including confirmation of the repair and its duration, or written confirmation with a justification for rejecting the complaint (§ 19 paragraph 5 of the Consumer Protection Act). This written confirmation is also a copy of the complaint protocol with the completed resolution section or a letter containing the written information about the complaint resolution. Additionally, the seller may send a message to the customer’s phone number or email address if provided, with information about the resolution.
3.6. If the customer is required to accept the returned goods from the seller, regardless of the method of complaint resolution, the customer must accept the goods from the seller without delay, but no later than 10 days after the complaint is resolved (at the location where the goods were handed over to the seller, unless another location is agreed upon with the seller) or grant the seller consent to dispose of the goods at the seller’s expense. By granting this consent, the customer is relieved of the obligation to accept the goods.
3.7. If the customer does not accept the goods in accordance with Article 3.6. or does not grant consent to its disposal, the seller shall be in the position of a depositary (§ 2120 paragraph 1 of the Civil Code), and the relationship between the customer and seller will be governed by the relevant provisions of the Civil Code concerning the contract of deposit (§ 2402 and following of the Civil Code). The seller is entitled to charge the customer a storage fee of 50 CZK for each day of storage, even if only part of the day is used. After the expiration of this period, the seller may also:
(i) sell the goods on behalf of the customer according to the provisions of § 2126 of the Civil Code and transfer the proceeds to the customer; or
(ii) withdraw from the purchase contract for the delivery of the goods to the customer and return the purchase price of the goods to the customer.
The proceeds from the sale or the returned purchase price, reduced by storage fees and any necessary costs related to the sale, will be transferred to the customer’s bank account if known, or if the seller does not know the customer's bank account, the amount will be held in the seller’s internal account as the customer’s receivable, marked with the customer's name, and the customer will be asked to accept it (or provide their bank account for the transfer). This receivable will not accrue interest. The seller’s claim for compensation for damages and its amount remain unaffected.
When exercising rights from liability for defects (complaints) with the seller, the customer is required to:
a) Provide proof of purchase or otherwise provide evidence that the goods were purchased at any of the seller's establishments or online shop, and indicate when the purchase took place, and promptly deliver the complained goods to the seller, unless the customer and seller have agreed otherwise (such as inspecting the goods at the customer’s location or the seller collecting the complained goods from the customer, etc.);
b) In the case of exercising the right to exchange goods or withdraw from the contract, the customer must return the goods to the seller, including all accessories that were part of the purchase. If the customer withdraws from the contract, they must return everything they received under the contract, i.e., if a gift or other benefit was provided by the seller with the purchased goods at a discounted or symbolic price, and the customer withdraws from the contract, the customer must return both the goods and the gifts or benefits provided at the discounted or symbolic price (§ 1727 of the Civil Code);
c) Provide cooperation necessary for completing the complaint protocol by the seller’s authorized employee.
5.1. If the goods have a defect, the buyer has the right to have it removed (§ 2169 (1) of the Civil Code).
5.2. The buyer may request, at their discretion, that the defect be remedied either by repair or by replacement of the goods (delivery of new goods without defects), unless the chosen method of remedying the defect is impossible or disproportionately costly compared to the other option; this will be assessed especially with regard to the significance of the defect, the value the goods would have without the defect, and whether the defect can be remedied in the other way without significant difficulty for the buyer (§ 2169 (1) of the Civil Code). The seller may refuse to remove the defect if it is impossible or disproportionately costly, especially in light of the significance of the defect and the value the item would have without the defect (§ 2169 (2) of the Civil Code).
5.3. The buyer may request a reasonable discount or withdraw from the contract (§ 2171 (1) of the Civil Code), if:
a) the seller has refused to remove the defect, or
b) it is clear from the seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulty for the buyer, or
c) the defect is a substantial breach of the contract.
5.4. The buyer may not withdraw from the contract if the defect of the goods is insignificant. It is assumed that the defect is not insignificant (§ 2171 (3) of the Civil Code).
5.5. The reasonable discount is determined as the difference between the value of the goods without defects and the defective goods received by the buyer (§ 2171 (2) of the Civil Code).
5.6. The buyer has the right to withdraw from the contract or request a reasonable discount even if the defect reappears (§ 2171 (1) (b) of the Civil Code). A defect is considered to reappear if the same defect, which has been repaired at least twice, reappears. This does not apply if a different defect, not previously complained about, appears after a repair.
5.7. If the seller does not resolve the complaint within 30 days, the buyer has the right to a reasonable discount or the right to withdraw from the purchase contract (§ 19 (4) of the Consumer Protection Act, § 2171 (1) (a) of the Civil Code).
5.8. If the buyer withdraws from the contract, the seller must refund the purchase price without undue delay after receiving the item or after the buyer proves that the item was sent (§ 2171 (4) of the Civil Code).
5.9. In the case of a justified complaint, the buyer has the right to request reimbursement of reasonable costs incurred in making the complaint. The buyer must make this claim for reimbursement without undue delay, but no later than within one month after the period in which the defect should have been reported.
The seller is authorized to arrange post-warranty repairs for customers through agreed partners, in the timeframes, manner, and at prices determined by these partners. The seller will inform the customer without undue delay after receiving this information from the partner.
If the customer is not satisfied with the way the seller handled their complaint or believes the seller violated their rights, and if the dispute is not resolved through an agreement directly between the customer and the seller, the customer has the right to submit a proposal to initiate out-of-court resolution of the consumer dispute. The Czech Trade Inspection Authority, with its registered office at Gorazdova 1969/24, 110 00 Prague 1, ID: 000 20 869, website: http://www.coi.cz, is the competent authority for out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer arising from the purchase contract. The European Consumer Centre Czech Republic, with its registered office at Gorazdova 1969/24, 110 00 Prague 1, website: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and Council of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes). The seller is authorized to sell goods based on a business license. Business control is carried out by the relevant trade office. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within the scope of its authority.
8.1 The seller reserves the right to change this complaints policy, which will become effective no earlier than the date of publication of the updated version of the complaints policy.
8.2 This complaints policy is valid and effective from January 6, 2025, and fully replaces the previous complaints policy. The version of the complaints policy in effect on the date of the conclusion of the purchase contract is decisive for the complaint of goods.
8.3 By confirming each order of goods from the seller’s online store, the buyer confirms that they have read and agree to this complaints policy of the entrepreneur Martin Dušek.
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