Complaints Procedure

1. Introduction

1.1. Who are we and how can you contact us?

We are GIZMANIA s.r.o., Company ID (IČO): 24208230, with registered office at Bubenské nábřeží 306/13, Holešovice, 170 00 Prague 7, registered with the Municipal Court in Prague, file no. C 188745 (hereinafter referred to as "we" or "GIZMANIA"). On our e-shop https://www.gizmania.cz/, we offer you goods (the e-shop is also referred to as the "store"). If you order goods from us in the store, we act as the seller and you act as the buyer.

If you need help with anything, you can contact us here:

• Phone number: [+420606078396]

• Email address: [info@gizmania.cz]

• Delivery address: [Gizmania s.r.o., Bubenské nábřeží 306/13, hall no. 11, 170 00 Prague 7 – Holešovice]

• Note: We ask customers not to use the Zásilkovna.cz service. Zásilkovna is unable to deliver shipments to the address stated above and instead stores them in pickup boxes across Prague. After the collection period expires, shipments are returned to the sender's address.

1.2. Who are you?

You can be an individual or a legal entity. A consumer or a business owner. But above all, you are ordering goods from our store (hereinafter referred to as "you").

• Who is a consumer?

Any person who, outside the scope of their business activity or outside the scope of the independent performance of their profession, concludes a purchase contract or another contract with us. This Complaints Procedure protects consumers in accordance with legal regulations.

• Who is a business owner?

A person or legal entity that concludes a purchase contract or another contract with us as something other than a consumer. If you conclude a contract with us as a business owner, the provisions of this Complaints Procedure intended for consumers do not apply to you.

1.3. What is this Complaints Procedure?

This Complaints Procedure is a binding legal document that is an integral part of the contract concluded between you and us based on your order in the store and an integral part of the Terms and Conditions. This means that the contract and the Terms and Conditions are governed by it. In the Complaints Procedure, you will learn how you can claim defective goods and what you are entitled to.

1.4. Can we agree on something different from what is in the Complaints Procedure?

Yes, we can agree individually in a separate purchase contract or another contract. Our individual agreements take precedence over this Complaints Procedure.

2. What is a defect?

2.1. A defect is our nightmare. Although we try to sell the best goods, sometimes we cannot avoid defects. What constitutes a defect in goods is defined for consumer buyers in Article 2.2 of the Complaints Procedure and for business buyers in Article 2.3 of the Complaints Procedure. The delivery of a different item is also considered a defect. Defects in documents necessary for the use of the item are also considered defects.

2.2. If you enter into a contract with us as a consumer, we are responsible for ensuring that the goods:

a) correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other features described in the store or that we have agreed upon together;

b) are suitable for the purpose for which you require them and which we have agreed to;

c) are delivered with the agreed accessories, including packaging, instructions for use and installation manuals that you can reasonably expect;

d) are suitable for the purpose for which goods of this type are usually used, also taking into account the rights of third parties, legal regulations, technical standards or codes of conduct of the industry, if no technical standards exist;

e) correspond in quantity, quality and other properties, including durability, functionality, compatibility and safety, to the usual properties of goods of the same kind that you can reasonably expect, also considering our public statements or statements made by persons in the same contractual chain as us (e.g., the manufacturer), particularly through advertising or labeling;

f) correspond in quality or design to a sample or model that we provided to you before concluding the contract;

g) are correctly assembled or installed, if we have agreed that we or a third party under our responsibility will carry out the assembly or installation of the goods; we are likewise responsible for defects in the goods caused by incorrect assembly or installation that was carried out by you according to the contract, and the defect occurred due to a deficiency in the instructions we provided with the goods.

2.3. If you enter into a contract with us as a business owner, we are responsible for ensuring that the goods:

a) are delivered in the agreed quantity, quality and design; if the quality and design are not agreed, we will provide them to you in a quality and design suitable for the purpose apparent from the contract, otherwise for the usual purpose;

b) correspond in quality or design to a sample or model; if the quality or design specified in the contract and the sample or model differ, the contract prevails; if the contract and the sample define the quality or design of the goods differently, but not contradictorily, the goods must comply with both the contract and the sample or model.

3. By when must you claim the goods and what are you entitled to?

3.1. Let's first look at how things work when you enter into a contract as a consumer.

a) We are responsible only and solely for defects in the goods that the goods had at the time you took them over, even if this defect becomes apparent later. Our obligations arising from the quality guarantee are not affected by this, provided we have granted you such a guarantee beyond the legal requirements.

b) If a defect manifests in the goods within 2 years of receipt (within 1 year for the sale of used goods) that existed at the time of receipt, you may claim it. You should ideally assert the defect without undue delay after discovering it; you can assert it at the latest within a limitation period of 3 years from the moment you discover the defect, provided this defect manifested within 2 years of receiving the goods (or within 1 year for used goods). We may not grant your claim if made later.

c) If you validly assert a defect, the 2-year period (or 1-year period for used goods) according to the previous paragraph does not run for the time during which you, as consumers, cannot use the goods.

d) If a defect in the goods manifests within 1 year of receipt, it is assumed that the goods were already defective at the time of receipt, unless the nature of the goods or the defect precludes this. This period does not run while you cannot use the goods in the event that you validly asserted the defect. This means that when claiming goods within 1 year of receipt, you do not have to prove that the goods were already defective at the time of receipt. If a defect in the goods manifests after 1 year of receipt, you must prove to us that the goods were defective at the time of receipt. Otherwise, we may not grant your claim.

e) What are you entitled to as a consumer when making a claim?

• • Primarily, as a consumer, you are entitled to free repair of the goods or the delivery of new, defect-free goods at your discretion, unless the chosen method of resolving the defect is impossible or disproportionately expensive compared to the other. If the method of resolving the defect you chose would be impossible or disproportionately expensive compared to the other method (especially with regard to the significance of the defect, the value the goods would have without the defect, and whether the defect can be resolved by the other method without significant difficulty for you), we may resolve the defect in the other way. As a seller, we may refuse to resolve the defect if it is impossible or disproportionately expensive, particularly considering the significance of the defect and the value the goods would have without the defect.

• • If (i) we refuse to resolve the defect or fail to resolve it within a reasonable time after it is pointed out so as not to cause you significant difficulty given the nature of the goods and the purpose for which you bought them, or (ii) it is clear from the circumstances that the defect will not be resolved within a reasonable time or without significant difficulty for you, or (iii) the defect manifests repeatedly, or (iv) the defect is a material breach of the contract, you may request a reasonable discount on the price or withdraw from the contract. A reasonable discount is determined as the difference between the value of the goods without the defect and the defective goods we provided you. You cannot withdraw from the contract if the defect in the goods is only insignificant; it is assumed that the defect is not insignificant. If you withdraw from the contract, we will return the purchase price to you without undue delay after we receive the goods or after you provide proof that you have shipped the goods.

f) As long as we do not fulfill our obligations arising from defective performance, you do not have to pay us the unpaid price of the goods or any part thereof.

3.2. Now let's look at how things work when you enter into a contract as a business owner (for example, because you are ordering goods for your business).

a) You may only claim defects in goods that were present at the moment the risk of damage passed to you as the buyer, even if they only manifest later. Our obligations arising from the quality guarantee are not affected by this, provided we have granted you such a guarantee beyond the legal requirements.

b) You have an obligation to inspect the goods as soon as possible after the risk of damage passes to you and to verify their properties and quantity. This means that when taking personal delivery from us, you have an obligation to check the received goods, their completeness and the intactness of the packaging, and furthermore, when taking delivery from a carrier, to duly and carefully check the condition of the shipment. In case of finding any defects or deficiencies, you have an obligation to notify the authorized person (employee or carrier) immediately and you are entitled not to accept such goods. If you accept such damaged goods, it is essential to describe the damage immediately in the handover or similar protocol and inform us about it. A breach of this obligation terminates your rights arising from defective performance.

c) You must claim obvious defects in the goods without undue delay after you could have discovered them with a timely inspection and sufficient care. Otherwise, you will lose the ability to effectively assert your rights arising from defective performance in court proceedings.

d) You must claim hidden defects without undue delay after you discovered them or should have discovered them with sufficient care, no later than two years after receiving the goods. Otherwise, as in the previous paragraph, you will lose the ability to effectively assert your right for hidden defects in court proceedings.

e) What are you entitled to as a business owner when making a claim?

• • If the defective performance is a material breach of the contract, you have the right to: (i) resolve the defect by delivering a new, defect-free item or delivering the missing item, (ii) resolve the defect by repairing the item, (iii) a reasonable discount on the purchase price, or (iv) withdraw from the contract.

  • A defect is a material breach of contract if we already knew or must have known at the time of concluding the contract that you would not have concluded the contract had you foreseen this breach.

  • If you do not notify us of a defect in the goods in time, you only have the same rights as in the case of defective performance that is a non-material breach of contract, even if the defective performance is a material breach of contract.

  • If the defective performance is a non-material breach of contract, you are entitled to: (i) request the defect be resolved, or (ii) request a reasonable discount on the purchase price.

  • If we fail to resolve the defect in the goods in time or refuse to resolve the defect, you may request: (i) a discount on the purchase price or (ii) you may withdraw from the contract. You cannot change your choice once made without our consent.

f) A defect is a material breach of contract if we already knew or must have known at the time of concluding the contract that you would not have concluded the contract had you foreseen this breach. In other cases, it is assumed that the breach is not material.

g) If the defective performance is a material breach of contract, you have the right to resolve the defect by delivering new, defect-free goods or delivering missing goods, by repairing the goods, by a reasonable discount on the purchase price, or by withdrawing from the contract.

h) If the defective performance is a non-material breach of contract, you have the right to resolve the defect or a reasonable discount on the price.

i) Filing a complaint does not release you from the obligation to pay for the goods. The provision of § 2108 of the Civil Code (Act No. 89/2012 Coll.) does not apply.

3.3. Finally, let's see what applies to all customers:

a) The period intended for asserting a defect should not be confused with the service life of the goods, i.e., the period during which the goods retain their required functions and performance under normal use, given the nature of the specific goods, including any necessary reasonable maintenance. The customer acknowledges that the service life of goods intended for extreme sports may not correspond to the period for asserting a defect, as such goods may be more subject to wear and tear considered to be 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, because it is not a defect in the true sense of the word.

b) You will have to pay the costs of the claim yourself first. However, we will reimburse you if we find that the error is on our part. We don't own a gold mine, so we will only reimburse you for the reasonably incurred costs of an accepted claim. Therefore, don't forget to request them as soon as possible.

c) You may resolve a defect in the goods yourself or have it resolved by someone else only if we have agreed to it. Otherwise, we do not have to reimburse your incurred costs. By resolving the defect yourself, we lose the opportunity to verify for ourselves whether there was truly a defect and whether the claim is therefore justified.

d) If you have a problem with how we are handling a claim, we would be glad if you would address it with us first. Just contact us in any way. If you are a consumer and want to resolve disputes out of court, you can turn to an entity for out-of-court dispute resolution. This is, for example, the Czech Trade Inspection Authority at www.coi.cz/informace-o-adr. Or, as a consumer, you can resolve the dispute online via the EU ODR platform at www.ec.europa.eu/consumers/odr.

e) And of course, you also have the right to turn to a court. For example, if you are not satisfied with how we handled or did not handle the claim.

4. What to do if you discover a defect in the goods?

4.1. To process a claim, we will need your cooperation. It is not for nothing that they say two heads are better than one. Contact us and describe:

a) what the defect in the goods is, or how it manifests (you can also describe the defect by filling out the form available here);

b) whether you want the defect repaired, the goods replaced with a new piece, to withdraw from the contract, or if you want a reasonable discount;

c) your name and your address, or your business name, Company ID and registered office (ideally, include your phone and email so we can contact you faster);

d) a copy of the proof of purchase (invoice, payment receipt, or other document) or the number of this document that we provided to you at the time of contract conclusion, or prove it in another credible way that the goods were purchased and when.

You can contact us by all available means. If you live in Prague or its vicinity, you can, for example, visit us at our delivery address [Gizmania s.r.o., Bubenské nábřeží 306/13, hall no. 11, 170 00 Prague 7 – Holešovice]. In other cases, you can, for example, send us an email at [info@gizmania.cz] and then send the goods according to Art. 4.2 of the Complaints Procedure. It is up to you which method you prefer. You can notify (assert) a defect in any demonstrable way. However, you should keep in mind that you should choose the most efficient method of claiming, as we are obliged to reimburse you only for the reasonably incurred costs of an accepted claim.

4.2. Furthermore, we will need you to deliver the defective goods, free of all dirt, together with the notification of the defect according to Art. 4.1 of the Complaints Procedure or without undue delay after this notification. It is not necessary to send the complete goods, but only the defective part, unless we agree otherwise individually or we ask you to do so.

4.3. If you are a consumer, we will pick up the goods for repair at our own expense. If the dismantling of an item, the assembly of which was carried out in accordance with the nature and purpose of the item before the defect manifested, is required, we will carry out the dismantling of the defective item and the assembly of the repaired or new item, or we will pay the costs associated with it.

4.4. Once we receive your claim, our emergency squad will jump into action to resolve everything as quickly as possible.

5. By when will we resolve the claim?

5.1. If you are a consumer, we guarantee that we will resolve the claim within a maximum of 30 days from the moment it is asserted. Asserting a claim means the moment we receive all the data listed in Art. 4.1 of the Complaints Procedure together with the defective goods according to Art. 4.2 of the Complaints Procedure, unless it is possible to resolve the claim without them. We will also inform you about the resolution of the claim within this period. After the deadline expires in vain, you can withdraw from the contract or request a reasonable discount. If you are not a consumer, we will try to meet the same deadlines, but we do not guarantee a maximum deadline.

5.2. First, we will confirm to you as a consumer when you asserted the claim, what its content is, what method of claim resolution you require, and what contact details you provided to us for providing information about the claim resolution. Once everything is done, you will receive from us in black and white the date and method of the claim resolution, including confirmation of the repair and its duration. If we are unable to accept your claim, we will not hide the reasons from you. On the contrary, we will explain everything to you as precisely as possible. For non-consumer contracts, we do not have an obligation to record the complaint procedure in such detail. However, if you wish, we will certainly come to an agreement.

5.3. If we cannot resolve the claim in time, we will contact you. Of course, only if we have your phone or email. It will be up to you whether you help us out and approve an extension of the deadline.

5.4. If you send the goods to us by post, they will be automatically sent back to your address after your claim has been processed.

5.5. If you do not take over the goods within a reasonable time after we have notified you that the goods are available for collection after repair, we shall be entitled to a standard storage fee.

6. Quality Guarantee

6.1. If we provide you with a quality guarantee and you are a consumer, the scope, conditions, and methods of exercising rights arising from defective performance shall be governed primarily by the information provided in the warranty certificate, which we are obliged to issue. For information not stated in the warranty certificate, and thus for defects not covered by the guarantee, this Complaints Procedure and applicable and effective legal regulations shall apply mutatis mutandis. 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. A claim may be rejected, in particular, on the grounds that it is not a defect in the true sense of the word. Therefore, we are not liable for defects in goods if:

a) you or anyone you allowed to use the goods caused the defect (for example, by failing to follow the instructions available, among other places, in the "Scootpedia" tab in the store while using the item, resulting in the defect), and/or

b) it involves wear and tear caused by normal use, or, in the case of used goods, wear and tear corresponding to the extent of its previous use; such normal wear and tear can be understood, for example, as a situation where the goods can still serve their intended purpose, but their appearance has changed or their efficiency has slightly decreased as a result of their use.

8. All's well that ends well

8.1. Legal relations arising between us and you from a purchase or other contract are governed by the law of the Czech Republic, excluding the rules of private international law. We expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods. This choice of law does not affect the rights of you as a consumer that may arise from the legal order that would otherwise apply to our legal relationship.

8.2. All disputes arising from the contract shall be settled before the courts of the Czech Republic having jurisdiction according to our registered office. This choice of court jurisdiction does not apply to consumers.

8.3. If any provision of this Complaints Procedure is or becomes invalid, ineffective, or unenforceable, it shall be replaced by a provision the meaning of which most closely approximates that of 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. Well, we have reached the end. We use this Complaints Procedure for all contracts concluded with customers from January 6, 2023.