The seller and operator of the online shop is:
Faculty of Agrobiology, Food and Natural Resources
Czech University of Agriculture in Prague
with registered office at Kamýcká 129, 165 21, Prague - Suchdol
ID: 60460709
DIC: CZ60460709
Article I.
Introductory provisions
(1) This Complaint Procedure of the Czech University of Agriculture in Prague, with its registered office at Kamýcká 129, 165 00, Prague - Suchdol, ID No.: 60460709 (hereinafter referred to as "Seller" or also "ČZU") defines and specifies the mutual rights and obligations of the Seller and other natural or legal persons (hereinafter referred to as "Buyer") when concluding purchase contracts between the parties through the Seller's online store. This Complaints Procedure applies exclusively to the online shop of ČZU. The Buyer shall be notified of this Complaints Procedure sufficiently in advance of the actual placing of the order and shall have the opportunity to familiarize himself with it.
(2) This Complaints Procedure regulates differently on the one hand the rights and obligations for buyers who act in relations with the seller as consumers, "), where the term consumer is defined in § 419 of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code") or for buyers who are not entrepreneurs and the purchase of the goods does not concern their business activity (hereinafter collectively referred to as the "non-business buyer") and, on the other hand, the rights and obligations for buyers who act as entrepreneurs in their relations with the seller and the purchase of the goods concerns their business activity (hereinafter collectively referred to as the "business buyer")
(3) The different rights and obligations of the purchasers are regulated and distinguished below as the rights and obligations of a "non-business purchaser" and the rights and obligations of a "business purchaser". Insofar as these Conditions of the Complaints Procedure regulate certain rights jointly and identically for the Buyer Non-Business Buyer and the Buyer Business Buyer, the Buyer Business Buyer and the Buyer Non-Business Buyer are referred to identically as "the Buyer".
(4) The relevant provisions of the Civil Code and related legal regulations shall be followed in resolving the complaint of a non-entrepreneur buyer who is not also a consumer, unless otherwise provided for in these Complaints Regulations.
(5) When resolving a complaint of a non-entrepreneur buyer who is also a consumer, the relevant provisions of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended, and related legislation shall be followed, unless otherwise provided for in these Complaints Regulations.
(6) The relevant provisions of the Civil Code and related legal regulations shall apply to the settlement of a claim by a business purchaser, unless otherwise provided for in these Complaints Regulations.
(7) Acceptance of the goods by the entrepreneur buyer means the moment of handing over the goods to the first carrier. Acceptance of the goods by a non-business buyer means the moment of receipt of the goods from the carrier.
(7) The warranty applies to goods purchased from the Seller and claimed within the warranty period. As proof of warranty, the Seller shall issue a tax document - invoice (hereinafter referred to as "warranty certificate") for each purchased goods with the legally required data for the application of the warranty (name of the goods, length of warranty, price, quantity, serial number, etc.).
Article II.
Quality on receipt
(1) Buyer is not an entrepreneur:
Non-business buyers are advised to inspect the goods immediately after receiving the goods from the carrier. If the consumer buyer discovers any damage to the goods, any difference between the warranty certificate and the actual goods delivered (in type, quantity or serial number), he is advised to notify the seller immediately (preferably within 24 hours) in a verifiable manner.
The rights and obligations of the contracting parties regarding the seller's liability for defects, including the seller's warranty liability, are governed by the applicable generally binding regulations (in particular § 2158a ff. of the Civil Code).
The Seller is liable to the Buyer who is not an entrepreneur for the fact that the sold goods are free from defects upon receipt. In particular, the seller shall be liable to the non-entrepreneur buyer that at the time the buyer takes delivery of the goods, the goods have the characteristics agreed between the parties and, in the absence of agreement, those characteristics which the seller or the manufacturer described or which the non-entrepreneur buyer expected in view of the nature of the goods and on the basis of the advertising carried out by them, the goods sold are fit for purpose, the seller states for its use or for which goods of that kind are usually used, the goods sold correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen, the goods sold are in the appropriate quantity, measure or weight and comply with the requirements of the law.
(2) Buying entrepreneur:
The Buyer-entrepreneur is obliged to inspect the goods as soon as possible after taking delivery of the goods, but no later than 24 hours after taking delivery of the goods, except in cases where the goods have been presented in the shop. If the Buying Business Owner discovers any damage to the goods, any difference between the warranty certificate and the goods actually delivered (in type, quantity or serial number), he is obliged to notify the Seller immediately (within 24 hours at the latest) in a demonstrable manner. If he fails to do so, his subsequent complaint shall not be taken into account. The business purchaser shall not be entitled to any rights under the defective performance if the defect is one which he should have been aware of with the exercise of ordinary care at the conclusion of the purchase contract.
Article III.
Warranty Terms and Conditions
(1) The length of the guarantee is indicated on the guarantee certificate. Unless a different length of warranty is indicated for the item of goods, the seller provides a warranty of 24 months for the goods.
(2) The warranty period starts on the day of receipt of the goods.If the goods have been shipped, the warranty period starts from the arrival of the goods at their destination.
(3) The warranty period is extended only by the time from the receipt of the goods for warranty repair to the time when the buyer was obliged to take over the goods.
(4) In case of replacement of the goods, the new warranty period starts at the moment of the acceptance of the new goods by the buyer.
(5) The guarantee cannot be exercised in whole or in part in the following cases:
- the expiry of the warranty period;
- mechanical damage, unprofessional handling, neglect of routine care;
- using the goods in conditions that are not appropriate to the environment for which the goods are intended;
- the goods have been damaged due to an external event;
- the goods have been damaged by excessive strain or use contrary to the conditions under which the goods are normally used.
Article IV.
Complaint procedure and handling
- buyer not an entrepreneur
(1) The Buyer is obliged to inform the Seller of any defects found during the warranty period either in writing to the address of the Czech University of Agriculture in Prague, Library of the Czech University of Agriculture, AGRO eshop, Kamýcká 129, Postcode 165 00, Prague - Suchdol, or electronically at the e-mail address opatrny@af.czu.cz.
(2) The defect notification shall include:
- the name of the buyer,
- the buyer's postal address,
- contact phone,
- email address,
- a description of the defect or the reason for the complaint.
(3) The Buyer who is not an entrepreneur shall deliver the claimed goods at his own expense and risk to the Seller's business address:
Czech University of Agriculture in Prague
Library of the Czech Technical University
Kamýcká 129
165 21 Prague - Suchdol
(hereinafter referred to as the "establishment")
(4) The Seller recommends to deliver the goods for claim including manuals, documents, cables, diskettes and other accessories and if possible in the original or replacement packaging. The Seller recommends submitting a warranty certificate with the goods to expedite the claims process.
(5) The employee responsible for handling the complaint procedure (hereinafter referred to as the "responsible employee") shall assess the defect complained of and decide on the validity of the complaint, if possible, immediately. The responsible employee shall draw up a complaint report with the non-entrepreneur purchaser, in which he/she shall specify the description of the defect complained of, the manner and the date of settlement of the complaint. In the event that the complaint is judged to be unfounded, this fact shall be stated in the complaint report (rejected complaint).
(6) In the event that the responsible employee finds that the complaint is not justified, he/she shall inform the non-entrepreneur purchaser of this fact without undue delay, but always within 30 days of the claim being filed by the non-entrepreneur purchaser.
(7) In the event that the sold goods do not have the characteristics according to Article II, paragraph 1 of this Complaint Procedure when taken over by the non-entrepreneur buyer, the non-entrepreneur buyer may also demand the delivery of new goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the goods, the non-entrepreneur buyer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract. If, however, this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the non-business purchaser shall be entitled to have the defect remedied free of charge.
(8) The non-entrepreneur purchaser has the right to delivery of new goods or replacement of parts even in the case of a removable defect, if he cannot use the goods properly due to the recurrence of the defect after repair or due to a greater number of defects. In such a case, the non-business purchaser also has the right to withdraw from the contract. Repeated occurrence of a defect after repair means a 3rd justified and acknowledged claim of the same kind and a greater number of occurring defects means a justified and acknowledged claim of 3 substantial defects of the goods at the same time.
(9) If the buyer does not withdraw from the contract or does not exercise the right to delivery of new goods without defects, to replacement of parts or to repair of the goods, he may demand a reasonable discount. The non-entrepreneur buyer is also entitled to a reasonable discount if the seller cannot deliver new goods without defects, replace a part of the goods or repair the goods, as well as if the seller fails to remedy the defect within a reasonable time or if it would cause the non-entrepreneur buyer considerable difficulties to remedy the defect.
(10) The right of defective performance does not belong to the non-entrepreneur purchaser if the non-entrepreneur purchaser knew before taking over the goods that the goods have a defect or if he himself caused the defect.
(11) Complaints, including the removal of defects, must be settled within 30 calendar days from the date of the complaint by the buyer, unless a longer period is agreed.
(12)After the complaint has been settled, the buyer-non-entrepreneur will receive one copy of the complaint report, which will indicate how the complaint has been settled. The Seller shall send the complaint report to the non-entrepreneur Buyer at the e-mail address indicated in the defect notification.
Article V.
Complaint procedure and handling
- Buying entrepreneur
(1) The Buyer is obliged to inform the Seller of any defects found during the warranty period in a demonstrable manner and without undue delay, no later than 3 days from the discovery of the defect, either in writing to the address of the Czech University of Agriculture in Prague, Library of the Czech University of Agriculture, AGRO eshop, Kamýcká 129, Postcode 165 00, Prague - Suchdol, or electronically to the e-mail address opatrny@af.czu.cz. If the buyer fails to notify the entrepreneur of the defect in time, the right to withdraw from the contract is lost.
(2) The defect notification shall include:
- the name of the buyer,
- the buyer's postal address,
- ID number or VAT number,
- contact phone,
- email address,
- a description of the defect or the reason for the complaint.
(3) The Buyer entrepreneur shall deliver the claimed goods at his own expense and risk to the Seller's business address.
(4) The Seller recommends to deliver the goods for claim including manuals, documents, cables, diskettes and other accessories and if possible in the original or replacement packaging. A warranty certificate must be submitted with the goods to expedite the claims process.
(5) The responsible employee of the Seller shall assess the claimed defect and decide on the validity of the claim and whether it is a material or immaterial breach of contract, if possible, immediately. The responsible employee of the purchasing entrepreneur shall draw up a complaint report on the claim, in which he/she shall specify the description of the claimed defect, the manner and the date of settlement of the claim. In the event that he judges the complaint to be unfounded, he shall state this fact in the complaint report (unadmitted complaint). In the event that the responsible employee finds that the complaint is not justified, he/she shall inform the buyer without undue delay, but no later than 30 days after receipt of the goods complained of.
(6) Material breach of contract:
If the seller's defective performance constitutes a material breach of the purchase contract, the purchasing business has the right to:
- to eliminate the defect by delivering new goods without defect or by delivering the missing goods,
- to remedy the defect by repairing the goods,
- a reasonable discount on the purchase price, or
- withdraw from the contract.
The choice between the aforementioned claims is only available to the Buyer Business if it is made at the time of the claim or within 24 hours of the claim. The Buyer may not change the choice so made without the consent of the Seller. If the purchaser fails to make his choice in time, i.e. within the time limit specified above, he shall be entitled to claims for defects in the goods as in the case of an insubstantial breach of contract.
The reasonable time limit for the elimination of defects is 30 calendar days; in justified cases, the reasonable time limit may be set differently. If the seller does not remove the defects within the time limit or if the buyer notifies the entrepreneur that he does not remove the defects, the buyer entrepreneur may demand a reasonable discount on the purchase price instead of removing the defects or may withdraw from the contract.
(7) Non-substantial breach of contract:
Removable defects of the goods, legal defects of the goods, a large number of defects that do not prevent the proper use of the goods, recurring defects or other defects (defects in quantity, colour, missing documents, etc.) are considered as insignificant breach of contract. In this case, the business buyer may demand either the removal of the defects or a reasonable discount on the purchase price.
The reasonable time limit for the elimination of defects is 30 calendar days; in justified cases, the reasonable time limit may be set differently. If the seller fails to remedy the defects within the specified period, the buyer-entrepreneur may demand a discount on the purchase price or withdraw from the contract. The buyer-entrepreneur may not change the choice thus made without the consent of the seller.
(8) Upon delivery of new goods, the buyer entrepreneur shall return to the seller the goods originally delivered.
(9) After the complaint has been settled, the Buyer-entrepreneur will receive one copy of the complaint report, which will indicate how the complaint has been settled. The Seller shall send the complaint report to the Buyer Entrepreneur at the e-mail address specified in the defect notification.
(10) In all other respects, the relevant provisions of the Civil Code shall apply mutatis mutandis.
Article VI.
Claims for goods damaged by transport
(1) When taking over the shipment from the carrier, we recommend the buyer to always carefully inspect the delivered goods. If the packaging of the shipment is damaged, we recommend the buyer to unpack the shipment directly in front of the carrier. If the contents of the shipment are not damaged, the buyer is obliged to accept the shipment and, if applicable, pay the purchase price.
(2) In the event of obvious external damage to the consignment, the Buyer is obliged to draw up a protocol with the carrier on non-acceptance of the damaged consignment, otherwise the subsequent claim may not be taken into account. If the contents of the consignment are damaged, the buyer is entitled to refuse to accept the goods from the carrier and, if applicable, is not obliged to pay the purchase price. The damage in this case shall be borne by the carrier. If the buyer has taken delivery and paid for the goods and only later discovers damage to the contents after opening the parcel, the buyer shall contact the carrier no later than the working day following the day of receipt of the parcel and resolve the claim for such damaged goods with the carrier. In this case too, draw up a damage report.
Article VII.
Accounting for storage charges
If the buyer does not collect the settled claim within 30 days of receiving the notice of completion of the repair, he will be charged a storage fee of 25,- CZK for each day from the end of the claim after its receipt by the buyer. The Buyer will be informed of the completion of the repair by a notice sent to the Buyer's e-mail address specified in the defect notice. If the buyer does not collect the goods by the time the amount of the storage fee exceeds the price of the goods claimed, the goods will be used to pay the storage fee.
Article VIII.
Final provisions
(1) If any provision of the Complaints Procedure is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments to the Complaints Procedure shall be in writing.
(2) The Complaints Procedure is an integral part of the Purchase Contract and is archived with it by the Seller in electronic form and is not accessible.
(3) The Seller reserves the right to change or amend the Complaints Procedure at any time. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Complaints Procedure. The Seller shall publish the relevant amendment or supplement to the Complaints Procedure and its effectiveness on the website of the online shop or in another appropriate manner.
(4) The aforementioned Complaints Procedure is valid and effective from 1 January 2014.
English 
Czech