Complaints Procedure for Entrepreneurs and Legal Entities

The labelea.eu shop is only intended for entrepreneurs and legal entities. Consumers are not allowed to shop.

This Complaints Procedure for Entrepreneurs and Legal Entities (hereinafter referred to as the “Complaints Procedure”) regulates the method and conditions for claiming defects in goods purchased by an entrepreneur or legal entity through the labelea.eu online store from our company:

MARTÍNEK CZ s.r.o., with its registered office at Kolín IV, Klejnarská 92, Postal Code 28002 
Company ID No: 24817147
Tax ID No.: CZ24817147
Registered: in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 177015
Delivery address: MARTÍNEK CZ s.r.o., Klejnarská 92, 28002 Kolín 4, Czech Republic
Contract email: labelea@labelea.eu

1. Seller's Liability for Defects

1.1. The Seller shall be responsible for the fact that the goods are free from defects upon acceptance. This means that the goods on acceptance, in particular:

- Is in an agreed quantity;

- Corresponds to the quality and workmanship agreed between the Buyer and the Seller, or according to the agreed sample or model, or according to the purpose evident from the Contract; otherwise for the usual purpose;

- A defect in the goods shall also be considered to be a situation where the Seller delivers to the Buyer goods other than those agreed between them;

- The goods are free from legal defects, i.e., the goods are free from third party property rights and the goods are equipped with documents and papers necessary for the proper use of the goods.

The Seller shall provide a quality guarantee for the goods for a period of 6 months from accepting the goods, unless otherwise individually agreed.

1.2. Differences in colour shades in reality and on electronic display devices cannot be considered a defect of the goods.

2. Buyer's Rights from Defective Performance

2.1. The Buyer's rights arising from defective performance shall be governed by the Civil Code, in particular, Sections 2099 to 2117.

2.2. If the defect in the goods is a substantial breach of the Contract, the Buyer is entitled to the following rights under the defective performance:

(a) Remedy the defect by supplying a new item without defect or by supplying the missing item;

(b) Removal of the defect by repairing the item;

(c) Reasonable discount on the purchase price; or

(d) Withdrawal from the Contract.

2.3. If the defect in the goods is an insubstantial breach of the Contract, the Buyer may demand:

(a) Removal of the defect; or 

(b) Reasonable discount on the purchase price. 

2.4. The Buyer is obliged to inform the Seller of the chosen method of resolving the claim when notifying the defect, otherwise the Seller is free to decide thereof. This choice can only be changed after agreement with the Seller.

If the Buyer considers the defect to be a substantial breach of the Contract, it is obliged to prove this to the Seller.

The Buyer acknowledges that until it exercises its right to a discount on the purchase price or withdraws from the Contract, the Seller is entitled to deliver the missing goods or to remedy the legal defect (in particular, to deliver the missing documents).

2.5. Replacement of the goods or withdrawal from the Contract cannot be requested if the Buyer cannot return the goods in the condition in which it received them. This shall not apply if:

(a) There has been a change in the condition as a result of an inspection to determine the defect in the item;

(b) The Buyer used the item before the defect was discovered;

(c) The Buyer has not caused the impossibility of returning the item in its unaltered condition by its action or omission; or

(d) The Buyer sold the item before the defect was discovered or altered the item in the course of its normal use; if this happened only in part, the Buyer shall return to the Seller what can still be returned and shall compensate it to the extent to which it has benefited from the use of the item.

3. Impossibility of Exercising Rights from Defective Performance

3.1. The Buyer is not entitled to rights from defective performance if it knew about the defect before accepting the goods or caused the defect itself.

3.2. Liability claims shall also not apply to:

- Wear and tear caused by normal use of the goods;

- Defects in the used item corresponding to the level of use or wear and tear, which the goods had at the time when the Buyer accepted it;

- Items sold at a lower price – only in relation to the defect for which the lower price was agreed; or

- If the nature of the goods so requires.

4. Complaint Procedure

4.1. The Buyer is obliged to file a claim with the Seller immediately upon discovery of the defect. The contact address of the Seller is designated for the receipt of claimed goods.

4.2. Binding complaint procedure:

- For faster processing, the Buyer can inform the Seller about the complaint in advance by phone, email or in writing;

- The Buyer is obliged to inform the Seller which right from defective performance it has chosen, describe the defect and/or describe how it manifests itself;

- The Buyer shall deliver the claimed goods to the Seller (otherwise than by cash on delivery, which is not accepted by the Seller), and, when sending the goods, the Buyer is obliged to wrap them in suitable packaging so that they are not damaged or destroyed;

- The Buyer attaches a proof of purchase of the goods or a tax document – invoice, if issued, or other document proving the purchase of the goods.

4.3. The moment of claim is the moment when the Seller has received the claimed goods. 

4.4. In accordance with the Civil Code, the Buyer has the right to reimbursement of the costs reasonably incurred in claiming the goods. The Buyer acknowledges that the right to claim these costs must be exercised within one month after the expiry of the period within which the defect must be claimed.

This Complaints Procedure shall be valid and effective from 1 October 2023.