Article 1 Fundamental Provisions

 

1.1. The present complaint rules (hereinafter referred to as the “Complaint Rules”) regulate the mutual rights and duties between the company L´antidote, s.r.o., IN: 062 20 479, with registered office in Široká 97/11, Josefov, 110 00 Praha 1, Czech Republic, registered in the Commercial Register kept by the Municipal court in Prague, section C, insert 278278 (hereinafter referred to as the “Company” or also the “Seller”) and a consumer in exercising the rights of the consumer as purchaser arising from defects of the goods purchased from the Company via the Seller’s e-shop operated at the website address www.lantidote.co (hereinafter referred to as the “E-shop”) by the Seller.

1.2. In terms of the present Complaint Rules, goods are deemed to particularly include jewels and other precious metal products (hereinafter referred to as the “Goods”) purchased at the e-shop. 

1.3. Under Act No. 89/2012 Coll., the Civil Code as amended (hereinafter referred to as the “Civil Code”) consumer is deemed to involve any individual who outside his business activity or outside independent performance of his profession concludes a contract with the Seller or has any other dealings therewith (hereinafter referred to as the “Consumer” or “Purchaser”).

 

Article 2 Contractual Relationship

 

2.1. The contractual relationship between the Consumer and the Seller will arise by virtue of a purchase order made by the Purchaser via the E-shop and upon subsequent delivery of its acceptance by the Seller at the e-mail address specified by the Purchaser in compliance with the General Terms and Conditions of Trade (hereinafter referred to as the “Contract”).

2.2. Concluding the Contract, the Consumer confirms that he has acquainted himself with the present Complaint Rules and agrees hereto.

 

Article 3 Liability for Defective Performance

 

3.1. The Purchaser is entitled to exercise the right arising out of a defect occurring with the purchased Goods within twenty-four months after acceptance thereof.

3.2. If an expiration date is specified on the sold Goods, their packaging, in the manual attached to the Goods or in advertising in compliance with other legal regulations, the Civil Code provisions on warranty of quality shall apply.

3.3. If the Purchaser so requests, the Seller will confirm in writing to what extent and for what period the Seller’s liability for defective performance lasts.

3.4. Furthermore, the provisions on exercising defective performance rights shall not apply:

3.4.1. in case of the Goods sold at a lower price to the defect for which the lower price has been agreed,

3.4.2. the wear and tear of things caused by normal use thereof,

3.4.3. if this is made clear by the nature of the thing.

3.5. In case of purchase of second-hand Goods, Article 3.2 of the Complaint Rules shall not apply and the Purchase may only exercise rights arising from defects of the Goods in the period of 12 months after acceptance of receipt thereof.

3.6. The Seller shall be liable to the Purchaser that the Goods do no possess any defects during acceptance thereof. In particular, the Seller is liable that at the time when the Purchaser has accepted the same

3.6.1. the Goods possess the properties agreed between the Parties and, failing any agreement, such properties that the Seller or the manufacturer has described or that the Purchaser has expected with regard to the nature of the Goods and by virtue of advertising carried out by them,

3.6.2. the Goods are fit for the purpose specified by the Seller for the use thereof or for which the Goods of such kind are usually used,

3.6.3. by their quality or workmanship the Goods correspond to the agreed sample or model, if the quality or workmanship has been determined by the agreed sample or model,

3.6.4. the Goods are of the relevant quantity, measure or weight, and

3.6.5. the Goods meet the requirements of legal regulations.

3.7. If the defect is revealed within six months after the acceptance thereof, the Goods are deemed to have been defective as early as during the acceptance.

3.8. Unless the Goods possess the above properties, the Purchaser may also request delivery of new goods free of defects unless this is disproportionate due to the nature of the defect but if the defect concerns only part of the Goods, the Purchaser may only request replacement of the part; if this is not possible, the Purchaser 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 Purchaser is entitled to have the defect remedied free of charge. The right to delivery of new Goods or replacement of the part is also enjoyed by the Purchaser in the event of a defect incapable of remedy, unless the thing can be used properly due to repeated occurrence of the defect after repair or as a result of greater number of defects. In such a case, the Purchaser is entitled to withdraw from the Contract. Unless the Purchaser withdraws from the Contract or if he fails to exercise the right to delivery of new Goods free of defect, to replacement of any part thereof or to repair of the Goods, the Purchaser may seek adequate price reduction. The Purchaser is also entitled to adequate price reduction if the Seller cannot deliver new Goods free of defects to the Purchaser, replace any part thereof or repair the Goods as well as in case where the Seller fails to put it right within a reasonable time limit or if such rectification would cause considerable difficulties to the Purchaser.

3.9. The risk of damage caused to the Goods shall pass from the Seller to the Purchaser at the time of acceptance of the Goods. During acceptance of the Goods and taking account of their nature, the Purchaser is obliged to properly inspect them and check whether the Goods are free of apparent defects. Unless he does so, the Purchaser can only raise claims arising from defects detectable during such inspection if the Purchaser proves that the Goods possessed such defect as early as the time of passage of the risk of damage caused to the Goods. 

3.10. The right arising from defective performance will not be enjoyed by the Purchaser, if the Purchaser knew prior to the acceptance of the Goods that the Goods possessed a defect or if the Purchaser himself caused the defect.

3.11. If the Goods possess a defect bound to be dealt with by the Seller and if the Goods are sold at a lower price or are second-hand Goods, the Purchaser is entitled to an adequate price reduction instead of the right to replacement of the thing. 

3.12. The Goods are deemed defective, unless they are delivered in the agreed quantity, quality and workmanship or in the quality and workmanship appropriate for the purpose apparent from the Contract; otherwise for customary purpose.

3.13. The Purchaser’s right arising from defective performance is established as a result of a defect possessed by the Goods during passage of the risk of damage to the Purchaser, even if it becomes evident later. The Purchaser’s right may also be established by a defect occurring later that was caused by the Seller as a result of breach of its obligation.

3.14. The Purchaser’s rights arising from defective performance are not affected if the defect has been caused by the use of a thing handed over by the Purchaser to the Seller. This shall not apply if the Seller proves to have notified the Purchaser of the inappropriateness of the handed thing in due time and the Purchaser insisted on using the thing or proves not to have been able to ascertain the inappropriateness of the handed thing despite taking reasonable care.

3.15. The Purchaser does not enjoy rights arising from defective performance if the defect involved is the one the Purchaser must have learned as a result of paying customary attention as early as the conclusion of the Contract. This shall not apply if the Seller has explicitly made him sure that the Goods are free of defects or if the Seller concealed the defect trickily.

3.16. If the defective performance constitutes material breach of the Contract, the Purchaser has the right 

3.16.1. to remedy of the defect by delivery of new Goods free of defect or by delivery of lacking Goods,

3.16.2. to remedy the defect by repair,

3.16.3. to obtain reasonable purchase price reduction, or 

3.16.4. to withdraw from the Contract.

3.17. The Purchaser will advise the Seller of the selected right when the defect is notified or without undue delay after notification of the defect. The Purchaser is not free to change the selected option without the Seller’s consent; this shall not apply if the Purchaser has requested repair of the defect that proves to be irreparable. Unless the Seller remedies the defects within a reasonable period or notifies the Purchaser that the Seller will not remedy the defects, the Purchaser may request, instead of the remedy of the defect, a reasonable purchase price reduction or may withdraw from the Contract. Unless the Purchaser selects his option in due time, he will enjoy the rights available in case of immaterial breach of the Contract pursuant to Article 3.18.

3.18. Unless the defective performance constitutes material breach of the Contract, the Purchaser has the right to remedy the defect or obtain reasonable purchase price reduction. Until the Purchaser exercises the right to obtain a purchase price reduction or withdraws from the Contract, the Seller may deliver what is missing or remedy the legal defect. Other defects may be remedied by the Seller at its own discretion by repair of the Goods or delivery of new Goods; the option must not cause excessive expenses to the Purchaser. Unless the Seller remedies the defect of the Goods in due time or if it refused to remedy the defect the Purchaser may seek purchase price reduction or may withdraw from the Contract. The Purchaser may not change the option made without the consent of the Seller.

3.19. The Purchaser cannot withdraw from the Contract or request delivery of new Goods, unless the Purchaser is able to return the Goods in the condition as received. This shall not apply

3.19.1. if change of condition occurs as a result of inspection to detect defects of the Goods,

3.19.2. if the Purchaser used the Goods prior to detecting the defect,

3.19.3. unless the Purchaser caused the impossibility to return the thing in an unchanged condition as a result of action or omission, or 

3.19.4. if the Purchaser sold the Goods prior to detecting the defect, consumed the Goods or changed the Goods while making customary use thereof; if that happened only partially, the Purchaser will return to the Seller what can be returned and will provide the Seller with compensation up to the amount in which he derived benefit from the Goods.

3.20. Unless the Purchaser notifies the defect in time, he will lose the right to withdraw from the Contract.

 

 

Article 4 Claiming Defects Arising from Performance

 

4.1. If no warranty card is attached to the Goods, payment receipt issued when the Goods are sold will serve as a basis to make a complaint.

4.2. Complaint about the Goods can be made by the Consumer at the Company’s address: Široká 97/11, Josefov, 110 00 Praha 1, Czech Republic, without undue delay after detecting the deficiency. If he does so in writing or by e-mail, he is supposed to give his contact details, the description of the defect and the requirements concerning the method of dealing with the complaint.

4.3. The Purchaser is obliged to advise the Seller of the specific option he has selected when notification of the defect is made or without undue delay thereafter. His option can only be changed without the Seller’s consent if the Purchaser has requested repair of the defect that will prove to be incapable of remedy.

4.4. Unless the Purchaser makes his option of exercising the right arising from material breach of the Contract in due time, he will have the rights as if immaterial breach of the Contract had occurred.

4.5. The period for handling the complaint will commence to run as of the date of making (notification of) the complaint. The Purchaser will hand over or deliver the Goods to the Seller or at the place designated for repair to be made concurrently with or subsequently after the complaint is lodged. Suitable packaging is to be used for the Goods to be carried so that no damage could occur, the Goods are supposed to be clean and complete.

4.6. The Seller is obliged to take a decision on the complaint or to conclude that an expert opinion is required for taking a decision without undue delay or within no more than three business days. The Seller will advise the Purchaser as to the necessity of expert opinion within such time limit. The Seller will handle the complaint, including remedy of the defect without undue delay, however, within no more than 30 days after the complaint was lodged, unless the Seller agrees with the Purchaser on any longer period in writing. After expiry of the period the Purchaser shall enjoy identical rights as if the case involves a material breach of the Contract.

4.7. If the Seller refuses to remedy the defect, the Purchaser may request reasonable price reduction or withdraw from the Contract. 

4.8. Unless one can monitor the status of dealing with the complaint online, the Seller undertakes to inform the Purchaser on dealing with the compliant at his e-mail address or via an SMS at the Purchaser’s discretion.

4.9. In case of a justified complaint, the Purchaser will be entitled to receive compensation of expenses reasonably incurred.

 

Article 5 Final Provisions

 

5.1. Any rights and obligations of the Parties not set out in the present Complaint Rules shall be governed by the relevant generally applicable regulations, in particular Sections 2085 through 2125 and Sections 2158 through 2174 of the Civil Code and by Act No. 634/1992 Coll., on consumer protection as amended and by the Company’s General Terms and Conditions of Trade.

5.2. The present Complaint Rules shall be governed by the laws of the Czech Republic.

5.3. The present Complaint Rules are executed in both the Czech and English languages. In case of any discrepancy between the Czech and English versions, the text of the Complaint Rules in Czech prevails.

5.4. The present Complaint Rules shall come into force and effect on the date of publication hereof.