Business conditions for wholesale and retail purchase of specified goods of the company mivvy a.s. in the sense of the provisions of Section 1751 of Act No. 89/2012 Coll., the Civil Code, or in accordance with Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as OPME)

1. REGULATION

1.1.             

These OPME regulate the rights and obligations arising from the mutual business relations between the company mivvy a.s. as the Seller (hereinafter referred to as the Seller) and a third party who enters into a mutual obligation with the Seller on the basis of legal negotiations, the subject of which will be handing over the subject of purchase to the Seller and enabling the price (hereinafter referred to as the Buyer). If the Buyer is a person who enters into a mutual obligation with the Seller on the basis of legal negotiations in connection with its own business activities and / or the indication of its identification number in the invoicing data, this person means the Buyer entrepreneur. If the Buyer is a person who enters into a mutual obligation with the Seller on the basis of legal negotiations without connection with its own business activities and failure to state its identification number in the invoicing data, this person means the Buyer as a consumer.

1.2.             

These OPME govern the contractual relations established by all contracts concluded in the period beginning with the effectiveness of these OPME between the Seller and the Buyer, unless the contracting parties exclude the use of these OPME. All deviating provisions of the contracts concluded between the Seller and the Buyer take precedence over the individual provisions of these OPME.

1.3.             

These OPME are available to all business partners of the Seller on the Seller's website www.mivvyenergy.cz or www.batterystore.cz.

2. GOODS, PURCHASE PRICE, ORDER, CONCLUSION OF THE PURCHASE AGREEMENT

2.1.             

For the purposes of these OPME, the Goods are products that are part of web electronic presentations and / or sales items within web applications used to mediate business transactions on the Internet located at www.mivvyenergy.cz and www.batterystore.cz (hereinafter referred to as E- shop). Furthermore, the Goods mean products offered under the trade name or in the product group with the names "mivvy ENERGY" or "BATTERY STORE".

2.2.             

Unless otherwise agreed between the contracting parties, it is considered that the Buyer orders the Goods at the purchase price determined according to the price list category Retail Price and by confirming such an order by the Seller or delivering the Goods to the Buyer according to this order the price of the Goods is agreed between the contracting parties. If the purchase price lower than the Retail Price is agreed between the contracting parties (if a price list classification is agreed), the Seller reserves the right to change the price list classification of the Buyer always according to the corresponding results of mutual business cooperation with the Buyer.

2.3.             

In the event of changes in the price list prices of the Goods, the Seller will make these in all E-shops. In the event of changes in the price list prices of the Goods and / or the price list classification of the Buyer, who does not use the E-shop for the purchase of the Goods, the Seller is obliged to immediately inform the Buyer by sending a new price list, or by announcing the new price list of the Buyer. The current price list of the Seller's goods in Czech crowns (CZK) will be sent by the Seller to the Buyer by e-mail, via the Buyer's e-mail address communicated to the Seller when concluding the contract, if not later communicated to the Seller by the Seller, address.

2.4.             

The purchase price of the goods determined by the price list includes, in addition to the price of the goods themselves, in particular the following items: 
a) the price of packaging, unless otherwise agreed by the Seller and the Buyer regarding returnable packaging;
b) any instructions for use, certificates or protocols necessary for the acceptance and use of the goods by the Buyer.

2.5.             

In cases of exceptional business opportunities, the Seller shall make a special price offer to the Buyer at his request for such an exceptional business opportunity for which the Buyer is entitled to order goods from the Seller. The category of exceptional business opportunity is always assessed by the Seller.

2.6.             

In cases of obvious mistake of the Seller in determining the price of the Goods, the Seller reserves the right not to accept the proposal to conclude a purchase contract, which includes such prices. A deviation of at least the first order, ie tens of crowns in comparison with the previous price or with the price of the Goods with similar properties, is considered to be a manifestly incorrect determination of the price of the Goods by the Seller.

2.7.             

The purchase contract is usually concluded in writing or in the E-shop. The purchase contract is usually concluded on the basis of a written order from the Buyer or the acceptance of a proposal for the conclusion of the contract by the Buyer in the E-shop. For this purpose, the contracting parties consider the Buyer's written order or the acceptance of the proposal for the conclusion of the contract by the Buyer in the E-shop as a proposal for the conclusion of the purchase contract. The written form is complied with if the order is made in one of the following ways.  

2.8.             

The written form shall be maintained between the contracting parties in one of the following ways:
a) in writing by post or courier service to the address of the commercial branch of the Contracting Party and / or
b) by e-mail to the e-mail address of the Contracting Party, which the latter shall communicate to the other Contracting Party for the given purpose.
An order (legal action leading to the conclusion of a contract) can only be considered a communication sent in the above written form, which is made on the form prescribed by the Seller and signed by a person authorized to represent the Buyer and which contains at least the Buyer's identification and item from the Seller's range together indicating its quantity. In the case of electronic communication (by e-mail), the completed order form prescribed by the Seller will be attached to the e-mail as an attachment, in Portable Document Format (PDF). The name of the attachment will be "Order XXXXX", where XXXXX will be replaced by the Buyer's order number.

2.9.             

The seller shall without undue delay confirm or refuse to accept the order in a manner identical to the method of delivery of the order. If the Seller does not confirm the Buyer's order without undue delay, there is no fiction of its acceptance. Confirmation of the order by the Seller is considered by the contracting parties as acceptance of the proposal for the conclusion of the purchase contract by the Seller. Acceptance of the order by the Seller may be made by marking the acceptance of the order in the appropriate box on the order form sent to the Seller by the Buyer ("order accepted") or by another verifiable method, especially by sending an e-mail to the Buyer. The Buyer is accepted by the Seller (especially by stating the order number). The Seller may express its consent to the Buyer's order and the conclusion of the purchase contract without confirming the order by delivering the goods to the Buyer in accordance with the content of the order before the deadline decisive for the acceptance of the order. The purchase contract is concluded when the order confirmation is returned to the Buyer and / or when the goods are taken over by the Buyer.

2.10.            

If the subject of the purchase contract is intangible performance, it is considered that the Seller will perform in this way immediately, no later than fourteen (14) days from the conclusion of the purchase contract, unless the Seller agrees otherwise with the Buyer.

3. DELIVERY OF GOODS

3.1.             

The Seller is obliged to hand over the goods to the Buyer in the agreed manner, packed and equipped with the necessary documents and to enable the Buyer to acquire ownership of the goods.

3.2.             

The Seller shall deliver the goods to the Buyer within eighty (80) days from the date of conclusion of the purchase contract, unless the Buyer confirms another deadline, and the Seller's acceptance of the order with a derogation in the part concerning the deadline for delivery is not considered a substantial change. The Buyer acknowledges that the length of the period for delivery of goods depends primarily on the stock, type and specifications of goods and production capacity of the Seller, and on the method of transporting goods from production to the Buyer's warehouse.

3.3.             

The buyer is obliged to check the integrity of the packaging before taking over the shipment. If he finds obvious signs of damage or opening during transport on the packaging, he is entitled to refuse to accept the shipment, provided that he writes a report on this with the carrier and notifies the Seller immediately, but no later than the same day. Failure to sign such a protocol with the carrier results in the loss of the Buyer's claims arising from the damaged packaging of the goods.

3.4.             

Immediately after receiving the shipment, the Buyer is obliged to perform a sufficiently careful inspection of all delivered goods. In particular, he is obliged to check the number of individual pieces of goods in the consignment, the conformity of the delivered types with the concluded purchase contract and is also obliged to inspect the goods to see if it is complete, including all components, and that it does not suffer from obvious defects or mechanical damage. If the Buyer finds a discrepancy with the concluded purchase contract or an obvious defect of the goods, he is obliged to immediately notify the Seller in writing.

3.5.             

In the event that the Seller is not immediately informed in writing by the Buyer without undue delay after receipt of the goods by the Buyer, but no later than within three (3) working days, the Buyer loses the right to withdraw from the contract and other rights from the defective. performance.

3.6.             

Unless otherwise agreed between the Buyer and the Seller, the Seller is obliged to deliver the Goods to the Buyer:
a) at the Seller's business branch or through the Seller's sales specialist; or
b) by sending the Goods to the Buyer by the Seller to the address communicated to the Seller by the Buyer when concluding the contract using the carrier's transport services.

3.7.             

Shipping and packaging costs are paid by the Seller in cases where the total amount of the purchase price of an individual confirmed order exceeds the amount specified in the current price list or on the E-shop. In other cases, these costs are paid by the Buyer. If the goods are sent cash on delivery, cash on delivery is paid by the Buyer.

3.8.             

The Seller is entitled not to deliver the goods to the Buyer according to the confirmed order in cases where due to force majeure and / or excess demand and / or insufficient production capacity is not available to satisfy the Buyer's confirmed order, or in cases where the Buyer is in delay in payment of the purchase price of the Goods to the Seller on the basis of a previous purchase contract or purchase contracts. The Seller is obliged to inform the Buyer about this fact without undue delay after the Seller finds out about such a fact.

4. PAYMENT OF THE PURCHASE PRICE, TRANSFER OF OWNERSHIP, TRANSFER OF THE RISK OF DAMAGE TO THE MATERIAL THINGS

4.1.             

The Buyer will pay the purchase price to the Seller
· in cash at the personal collection of goods at the Seller's sales office,
· cash on delivery upon delivery of goods by transport service,
· in advance by cashless bank transfer from the Buyer's bank account to the Seller's bank account on the basis of an advance invoice issued by the Seller, or
· another non-cash payment method, or
· on the basis of the issued tax document - invoice.

4.2.             

The day of payment of a monetary amount by non-cash transfer is considered to be the day of crediting the monetary amount to the bank account of the other contracting party. 

4.3.             

Until full payment of the purchase price of the goods on the basis of each individual concluded purchase contract, the unpaid delivered goods remain the property of the Seller.

4.4.            

In the event of the Buyer's Entrepreneur's delay in paying the purchase price, the Buyer Entrepreneur is obliged to pay the Seller interest on arrears in the amount of 0.2% of the outstanding amount of the purchase price for each day of the Buyer's Entrepreneur's delay in its payment. The provisions of § 1805 paragraph 2 of Act No. 89/2012 Coll., The Civil Code, shall not apply to the obligation of the Seller and the Buyer of the entrepreneur. rights in court.

4.5.             

The risk of damage passes to the Buyer by taking over the goods. It has the same effect if the Buyer does not take over the goods, even though the Seller has allowed him to handle them. If the Buyer is to take over the goods from a third party, the risk of damage passes to him at the moment when he could handle the goods, but not earlier than the time specified as the time of performance. If the Seller hands over the goods to the carrier for transport to the Buyer at the place specified in the purchase contract, the risk of damage passes to the Buyer by handing over the goods to the carrier at this place and, if no place is agreed, by handing over to the first carrier for transport to the destination.

5. DOCUMENTS RELATING TO THE GOODS

5.1.             

The Seller shall present to the Buyer the documents necessary for the acceptance and use of the goods, as well as other documents specified in the contract.

5.2.             

The handover of the documents takes place at the time and place specified in the contract, otherwise when the goods are handed over at the place of delivery.

5.3.             

All documentation handed over by the Seller to the Buyer shall be delivered by the Seller to the Buyer in the Czech language, unless otherwise agreed between the contracting parties.

6. QUANTITY OF GOODS DELIVERED

6.1.            

The seller is obliged to deliver the goods in the quantity, quality and design specified in the contract.

6.2.            

If the Seller delivers a larger quantity of goods than agreed in the contract, the contract is concluded for the excess quantity of goods, unless the Buyer without undue delay, no later than within three (3) days, refused.

6.3.             

If the Buyer accepts the delivery of all or part of the excess goods, he is obliged to pay for them the purchase price corresponding to the purchase price specified in the contract.

7. WARRANTY, COMPLAINTS

7.1.            

Modifications to the manner and conditions of claiming defects in the goods and asserting claims under the quality guarantee by the Buyer and the guarantee for the quality of the goods are listed below as the "Complaints Procedure", which is an integral part of these OPME.

8. TRADE POLICY

8.1.             

Based on the written permission of the Seller, the Buyer Entrepreneur is entitled to use the Seller's trademarks and trademarks of the Seller in its business activities, to a reasonable extent and in a manner that does not endanger the good reputation of the Seller's products and business.

8.2.             

During the resale and presentation of goods obtained from the Seller, the Buyer Entrepreneur is obliged to ensure that there is no misleading or misleading labeling of products, especially in terms of their properties and origin. In the case of sale to the Buyer Consumer, the Buyer Entrepreneur is obliged to provide all necessary professional care and acquaint the Buyer Consumer to the necessary extent with the use and care of the product and inform him of the scope of the provided warranty.

8.3.             

The provisions of the previous points of this article shall apply mutatis mutandis to the use of the Seller's original graphics, in particular product photographs, image and additional graphics, as well as promotional texts and other elements of electronic, print or other promotion of the Seller.

8.4.             

Subject of performance according to mutual contracts, including the text of mutual contracts and these PDT, all relevant information and facts about the Seller's business, of which the Buyer Entrepreneur learned in connection with the delivery of the subject of purchase, and all Seller's classified work procedures, including documents prepared by the Seller and his know-how, of which the Buyer Entrepreneur learned in connection with the provision of performance and other activities of the Seller under mutual agreements, is the subject of trade secrets for each of the affected contracting parties. The buyer entrepreneur is obliged to maintain and respect trade secrets. 

8.5.             

The Seller is evidenced by the rights to confidential information, which he will provide to the Buyer entrepreneur in connection with the fulfillment of obligations under the contract (hereinafter referred to as Confidential Information). The Buyer Entrepreneur is obliged to maintain the confidentiality of all Confidential Information for the duration of the mutual contractual relationship with the Seller and after its termination, when the Buyer Entrepreneur in particular:
a) treat and treat all Confidential Information as confidential and classified; and keep it confidential;
b) use any Confidential Information only and only in connection with the mutual performance under the contract;
c) does not disclose or make available any Confidential Information to any third party without the prior written consent of the Seller;
d) will not make copies or extracts from the submitted documents without the prior written permission of the Seller;
e) does not use the Confidential Information for the benefit of a third party and does not use the Confidential Information in any way that could harm the Seller;
f) keep records of all documents in its possession and which it has provided with the prior written consent of the Seller to any third party, and hand over such records to the Seller;
g) will keep secret the possession of Confidential Information;
h) based on extraordinary written request of the Seller, ensure that all third parties to whom he has provided Confidential Information with the consent of the Seller cease to use this Confidential Information.
All information provided in any written or data form, in particular in the form of contracts, budgets, calculations, statements, projects, drawings and other documents, including source code, files, digital data, photographic, audio or audiovisual records, and regardless of the manner of their provision, holding, storage or recording, which information is related to the Seller's business plant and its business activities and which will be provided to the Buyer in connection with the performance of obligations under the contract. Any notes, summaries, copies, translations, extracts or extracts from the above information shall also be considered Confidential Information. All ownership or other property rights to the submitted documents remain with the Seller.

8.6.             

In the event of a breach of the obligation to maintain and respect trade secrets, as well as to maintain and honor Confidential Information, the Buyer Entrepreneur shall pay the Seller a contractual penalty in the amount of CZK 500,000 for each individual case of such breach. The agreement on the contractual penalty does not affect the Seller's right to compensation for damages in full, ie in addition to the contractual penalty also to the extent exceeding the contractual penalty.

9. WITHDRAWAL

9.1.             

The buyer is entitled to withdraw from the contract if 
a) the Seller is in delay with the delivery of the Goods for a period longer than eighty (80) days;
b) The Seller systematically (more than three times) violates its obligations established by mutual agreement or these OPME, if the Buyer is notified in advance of the breach of its obligations in writing and does not seek redress even within an additional period of not less than fourteen (14) days.

9.2.             

The buyer consumer is entitled to withdraw from the contract within fourteen (14) days from the date of receipt of the goods or the last part thereof. Within the same period, the Consumer Buyer is obliged to deliver to the Seller withdrawal from the purchase contract. Delivery of withdrawal from the purchase contract is possible to the Seller's business branch or office, electronically to the contact address of the e-mail or electronically using the form on the Seller's E-shop. The right of withdrawal of the Consumer Buyer from the purchase contract cannot be exercised in the case of Goods which have been modified on the basis of the explicit wishes of the Consumer Buyer and which are not modified in this way as part of the Seller's standard offer, or in the case of intangible performance.

9.3.             

The seller is entitled to withdraw from the contract if 
a) the Buyer is in arrears with the fulfillment of its monetary debt for a period longer than fourteen (14) days; or 
b) The Buyer systematically (more than three times) violates its obligations under the mutual contract or these OPME, if the Seller is notified in advance of the breach of its obligations in writing and does not remedy even within an additional period of not less than fourteen (14) days. 

9.4.             

In the event of withdrawal from the contract, the parties are obliged to mutually settle their mutual rights and obligations. In cases of withdrawal from the contract with the right to return the Goods, this must be returned unused, unworn, uncontaminated or partially unused together with a copy of the delivery note or tax document. If the withdrawal from the contract with the right to return the Goods also relates to a gift provided to the Goods by the Seller, such a gift contract is concluded with the untying condition that such gift contract expires and the Buyer Consumer is either obliged to return the gift with the Goods, or The seller is witnessed a monetary compensation in the amount of the usual price of the gift.

9.5.             

In the event that the Buyer-Consumer chooses a different method of delivery of goods, which the Seller offers as standard, the Seller shall reimburse the Buyer for the cost of delivery of goods in the amount corresponding to the standardly offered method of delivery of goods by Seller.

9.6.             

Withdrawal from the contract does not affect the right to payment of a contractual penalty or interest on arrears, if already arrived, damages, protection of trade secrets and other provisions of the contract, their nature implies that the parties should be bound even after withdrawal from the contract.

10. CONFLICT SOLVING, PROROGATION

10.1.            

The Contracting Parties undertake to make every effort to resolve any mutual disputes concerning mutual agreements and these PDTs out of court.

10.2.            

In the event of a dispute arising from the concluded purchase contract, which cannot be resolved by agreement of the parties, the Consumer Buyer is entitled to initiate an out-of-court settlement of the consumer dispute with the competent authority, the Czech Trade Inspection Authority.

10.3.            

The Contracting Parties agree on the application of Czech law for mutual litigation, local jurisdiction of the court at the Regional Court in Pilsen, or at the District Court in Pilsen, following the substantive jurisdiction of the court according to the subject matter of the dispute, and Czech as the language of proceedings.

11. GENERAL PROVISIONS AND CONCLUSION

11.1.            

The provisions of these OPME concerning the ordering and complaint of goods shall apply mutatis mutandis also to cases which concern only a part of the order or only a part of the goods.

11.2.            

Mutually addressed actions under these OPME must be made in writing, unless otherwise stated. Likewise, any changes and amendments to these conditions must be made in writing, otherwise they are invalid.

11.3.            

The Buyer has the right to free ecological disposal of all products demonstrably purchased from the Seller. The Buyer will be informed by the Seller about the place and method of ecological disposal depending on the specific product.

11.4.            

If only the Buyer Consumer acts in the role of the Buyer according to these OPME, all the relevant provisions shall apply mutatis mutandis.

11.5.            

The Seller is entitled to unilaterally change these OPME to a reasonable extent. The Seller is entitled to change (amend) these OPME, or replace them with new ones. Changes to the (new) OPME The Seller shall publish at least one (1) month before the effective date of the change of the (new) OPME, on its website or E-shop and at the same time inform the Buyer entrepreneur about the amendment of the (new) OPME in writing. The change of these OPME by the decision of the Seller will be notified to the Buyer entrepreneur in writing - by e-mail sent by the Seller to the e-mail address of the Buyer entrepreneur, which will be communicated to the Seller by the Buyer entrepreneur or through which the Buyer entrepreneur usually communicates with the Seller. The change of these OPME will not take effect between the contracting parties before it is notified to the Buyer Entrepreneur.

11.6.            

The Buyer is entitled to reject any change in these OPME by the Seller's decision. If the Buyer refuses a possible change of these PDTs by the Seller's decision, the Buyer is entitled to terminate the contractual relations concluded in the regime or using these PDTs with one (1) month notice starting on the first day of the month following delivery of the notice to the Seller's address.

11.7.            

The Seller is a controller of personal data and is entitled to process the Buyer's personal data in accordance with applicable laws of the Czech Republic and in accordance with Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and free movement of such data. Detailed rules of personal data processing and the rights of Buyers as data subjects are set out in the Principles of Personal Data Processing and Protection, which are available on the Seller's website.

11.8.            

These OPME take effect on January 1, 2021 and replace all previous business conditions of the Seller.

DISPLAY AND TECHNICAL PARAMETERS OF GOODS

Display of goods on the e-shop website www.batterystore.cz is for information purposes only. Technical parameters stated here correspond to the goods. Dimension and weight deviations of goods may vary by a maximum of 5%, unless otherwise stated. Other non-specified parameters may differ depending on individual specifications of production batches. These deviations do not affect the declared functionality of goods.

COMPLAINTS PROCEDURE

Complaints procedure as a part of the Business Conditions for wholesale and retail purchase of goods of the company mivvy a.s. (hereinafter referred to as OPME) in the sense of the provisions of Act No. 89/2012 Coll., the Civil Code, or in the sense of Act No. 634/1992 Coll., on consumer protection, as amended (hereinafter referred to as RRME)

1. REGULATION

1.1.

The Complaints Procedure, as a separate document, is an integral part of the OPME. Unless the RRME provides otherwise, the terms used in the RRME shall be construed in the sense in which they are defined in the OPME. Following the nomenclature of the OPME, this RRME is considered to be Article 7 of the OPME entitled "WARRANTY, COMPLAINTS".

1.2.

RRME regulates the method and conditions of claiming defects of goods and asserting claims under the quality guarantee by the Buyer, in accordance with the provisions of Act No. 89/2012 Coll., The Civil Code, or No. 634/1992 Coll., On consumer protection, as amended , then a guarantee for the quality of the goods.

1.3.

The seller is not liable for defects in the goods covered by the warranty, if these defects were caused after the transfer of the risk of damage to the goods by external events, in particular:
a) incorrect operation or improper location
b) overvoltage in the transmission network, mechanical damage, electrostatic discharge, short circuit
c) unreasonable temperature, dust, humidity, chemical and mechanical influences of the environment to the extent exceeding the limit values set by the manufacturer
d) neglect of routine care and maintenance
e) damage to the batteries due to non-compliance with the recommended operating conditions and / or operation of the batteries without protective circuits
f) unprofessional assembly after the moment of handing over and taking over the goods (unprofessional assembly means primarily the case when the assembly was performed by a person other than a professionally qualified person with the relevant trade license in the matter)
g) by performing an unqualified intervention or changing parameters
h) natural influences and force majeure
i) use of the device in conflict with legal regulations and standards valid in the Czech Republic
j) through the Buyer's own fault or through his own fault after the moment of the transfer of the risk of damage to the goods
k) breach of protective seals and stickers if they are on the goods

1.4.

The basic warranty for the quality of the goods is twenty-four (24) months. The warranty period begins on the day following the delivery of the goods to the Buyer. If it is a hidden defect of the goods, the Buyer is obliged to notify the Seller of this defect without undue delay after the Buyer could find it with sufficient care, but no later than twenty-four (24) months after delivery of the goods to the Buyer. The warranty period for batteries is twenty-four (24) months. However, this does not apply to the cyclical decrease in capacity (decrease in service life) caused by normal use. The cyclical decrease in capacity is given in the technical data sheets of batteries available at the web addresses www.mivvyenergy.cz and www.batterystore.cz.

1.5.

The rights under the provided guarantee are exercised exclusively by a written notice delivered to the Seller. Such notification must contain the designation of the goods, the date of purchase, the number of the invoice or delivery note, a detailed description of the defect of the goods, the name and e-mail address or telephone number of the natural person handling the matter on the part of the Buyer.

1.6.

With the notification according to the previous paragraph, the Buyer always delivers a copy or original of the invoice or delivery note to the Seller. The seller is not obliged to start handling the complaint until the submission of documents according to the previous sentence.

1.7.

The claimed goods must be sent to the Seller in suitable packaging and essentially complete, ie with all components. Incompletely sent goods may be a reason to reject a complaint.

1.8.

The Buyer shall send the claimed goods covered by the warranty at his own expense to the address of the Seller's service center:

mivvy a.s.

Setecka 338

33601  Blovice

Czech Republic

1.9.

The seller is obliged to inspect the claimed goods no later than five (5) working days from the date of delivery and decide on the complaint. The seller is entitled to have the defect of the claimed goods assessed by a third professional person appointed by him for this purpose. In this case, the Seller is obliged to inspect the claimed goods and decide on the complaint within thirty (30) working days of delivery. The Seller shall issue a written confirmation to the Buyer consumer about when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires.

1.10.

If the goods have defects covered by the warranty, regardless of whether it is a substantial or insignificant breach of the purchase contract as a result of defective performance, and the right of liability for defects was properly exercised by the Buyer, the defects of the goods will be removed by the Seller or will be New goods are delivered to the buyer instead of defective goods. If the defect concerns only a part of the goods, a new only defective part of the goods will be delivered to the Buyer. If it is not possible to eliminate defects of the goods or its components in any of the above ways, the Seller is entitled to replace the defective goods or its components with other goods or components with the same or better parameters than the replaced goods or components. If it is not possible to repair or replace the goods or deliver other goods with the parameters according to the previous sentence, the Buyer is entitled to withdraw from the purchase contract or request a discount on the purchase price.

1.11.

The Seller is entitled to decide that the nature of the claimed defect requires its assessment by a professionally qualified third party, and the period of such assessment does not affect the Seller's obligation to settle the complaint within the agreed period. The costs of such a professional assessment of the claimed defect shall be borne by the Buyer if it is found that the defect is caused by damage to the goods by the Buyer, when such costs consist mainly, but not exclusively, of postage and remuneration of a professionally qualified person for such assessment of the defect.

1.12.

The Seller will send the unauthorized goods back to the Buyer at his expense. In the event of an unjustified complaint, the Buyer will reimburse the Seller for the costs associated with handling and postage. The Seller will inform the Buyer without undue delay of any fact that the claimed goods are not subject to warranty, together with the draft repair budget as out of warranty. If the Buyer does not agree with the budget within three (3) working days, it is considered that he does not agree with the correction. In such a case, the procedure laid down in this Article shall apply mutatis mutandis.

1.13.

Within the period for agreeing to the budget of out-of-warranty repairs, the Buyer is also entitled to request the Seller to ecologically dispose of the product. If he does so within the specified period, the liquidation will be carried out at the expense of the Seller and the Seller will not demand any reimbursement of expenses related to it from the Buyer.

1.14.

In cases requiring the sending of the claimed goods for warranty repair abroad, the period of the complaint procedure is extended to sixty (60) working days. In the event of the expiration of this period in vain, the goods shall be deemed not to be repairable and the provisions of paragraph 1.10. of this RRME shall be applied adequatly.

1.15.

Defects in selected products are not, for example:
cyclical decrease in battery capacity over time;
cosmetic defects in appearance.

1.16.

The warranty does not apply to accessories or parts of goods that are not supplied by the Seller and / or are not supplied with the goods as standard.

1.17.

Complaints about the goods by the Buyer, up to the elimination of defects, do not affect his obligation to pay the purchase price in full to the Seller within the due date.

1.18.

The seller is not liable for indirect damages of any kind (eg lost earnings, fines, etc.) and incidental costs (eg surcharges for transportation, legal representation, etc.). Furthermore, the Seller is not liable for the Buyer's obligations from its liability for defects to other parties and for losses or costs incurred by other parties in connection with the change of the Seller's sales portfolio, especially the change or withdrawal of the product from the offer.

1.19.

This RRME takes effect on January 1, 2021 and replaces all previous complaint procedures of the Seller.