Returns Policy

This Returns Policy deals with the manner and terms and conditions of raising warranty claims concerning defects in goods purchased via the on-line shop ‘Via Tempia’ from the entrepreneur

Bubby Bubby s.r.o., with his registered office at Dlouha 322/8, 251 01, Ricany – Strasin, Company ID No. (IC): 06184405

Address for delivery: Bubby Bubby s.r.o., Dlouha 322/8, 251 01 Ricany – Strasin, telephone number: +420 253 253 002, contact e-mail: [email protected]

As a seller, we are liable for the fact that the goods are not defective at the time their delivery is taken. This means above all that the accepted goods:

• have the features that have been agreed upon between us, which we describe or which can be expected by you given the nature of the goods and advertisement;
• are in an appropriate quantity, degree or weight;
• comply with the requirements imposed by legislation;
• are fit for the purpose that we state, or for the purpose the purchased goods are usually used for;
• also the situation when we deliver other goods than we have agreed upon is deemed to be a defect in goods;
• correspond to the quality agreed upon between us or, if appropriate, to the quality established by the applicable and effective legislation for that type of goods; and
• have no legal defects, i.e. no third party have any property rights to them, and the goods are provided with documents and manuals necessary for their proper use.

We are also liable to the consumers for the fact that the above defects will not occur during the warranty period. If you are not a consumer, no statutory warranty period under Article 2 is provided to you. Article 2 only applies to consumers.

We do not provide any guarantee for quality beyond the statutory warranty period for consumers.

If you are an entrepreneur, the rights arising from defective performance only come into existence as a result of a defect that the goods have at the time the risk of damage to the goods has passed, even if it shows later. If the defect occurs in relation to the violation of any of our obligations, you have the rights under the defective performance even in such a case.

Any difference in colour shades in reality and as displayed on electronic imaging devices cannot be deemed to be a defect in the goods. If the goods do not match your idea and you are a consumer, you may rescind the contract within 14 days of taking delivery of the goods in accordance with Article 5 of the general business terms and conditions.

If you are a consumer and a defect in the goods occurs within six months of taking delivery thereof, the goods are deemed to have been defective already upon their takeover.

As concerns unused consumer goods, the warranty period is twenty-four months after taking delivery of the goods, unless a longer warranty period is set on the web interface, in the documents accompanying the goods or in any advertisements.

If a “best before” date is stated on the goods, or if a “use by” date is stated on an item that goes off quickly, the warranty period will last until that specific date.

Please note that if goods are replaced or repaired, no new warranty period will apply to such new goods or replaced parts and spare parts. However, the warranty period will be extended in such a case by a period during which you could not use the goods due to the defect in them, i.e. in particular by the period during which the goods were being repaired.

Your rights arising from defective performance are governed by the Civil Code, above all by § 2099 to § 2117, and if you are a consumer, also by § 2165 to § 2174 thereof.

A. If you are a consumer or an entrepreneur:

If the defect in the goods existed or is believed to have existed already upon taking delivery of the goods, you have the following rights that arise from defective performance.

If the defect constitutes a material breach of the contract, you are entitled to the following rights that arise from defective performance:

a) the right to have the defect remedied by delivery of a new item that is free of any defect, or by delivery of a missing item;

b) the right to have the defect remedied by repair of the item;

c) the right to receive an appropriate reduction in the purchase price; or

d) the right to rescind the contract.

If there is a material breach of the contract, please inform us, at the time you notify the defect to us or without undue delay after the defect notification, which of the rights arising from the defective performance you have chosen. Please be advised that if you do not do so, you will only be entitled to the rights vested in you in the event of an insignificant breach of the contract. The choice you make may only be changed based on an agreement with us.

If we do not remove the defect in the goods within a reasonable period, you may request a reasonable reduction in the purchase price instead of removing the defect, or you may rescind the contract.

If the defect in the goods constitutes an insignificant breach of the contract, you may require:

a) removal of the defect; or

b) a reasonable reduction in the purchase price.

If we fail to remedy the defect in time or refuse to remedy it at all, you may request a reduction in the purchase price, or you can rescind the contract. The choice you make may only be changed based on an agreement with us.

Please note if you fail to claim your right to a reduction in the purchase price or if you fail to rescind the contract, we are entitled to deliver missing goods to you or to remedy a legal defect (in particular, to supply missing documents).

The replacement of goods or rescission of the contract may not be requested if you cannot return the item in the state in which you received it. This does not apply if:

a) there has been a change in the state as a result of a check carried out in order to detect a defect in the item;

b) you had used the item before the defect was detected;

c) you have not caused the impossibility to return the item in its unaltered state by any acting or omission; or

d) you had sold the item before the defect was detected, you have consumed it, or altered it during normal use; if this has happened only in part, you will return to us the part that you can still return, and you will compensate us to the extent in which you have benefited from the use of the item.

B. The following only applies if you are a consumer:

If a defect in consumer goods occurs within the warranty period of twenty-four months after taking delivery of the goods, you have the following rights arising from defective performance:

a) You have the right to have the goods replaced if:

– during the warranty period, the goods lose any of their features listed in Article 1 of the Returns Policy, and the replacement is not unreasonable given the nature of the defect;

– the defect cannot be remedied;

– you cannot properly use the goods due to a repeated occurrence of the defect after repair; or

– several defects in the goods occur.

You cannot request that the goods be replaced if such replacement is disproportionate given the nature of the defect. In such a case, you have the right to have the defect remedied at no charge.

You have no right to have the goods replaced in cases where only a part (component) of the goods is defective, either.

You cannot request the replacement of goods with goods that are sold at a lower price. Instead, you can request a reasonable reduction.

b) You have the right to have a defective component of the goods replaced if:

– only a part (component) of the goods is defective;

– the defect cannot be remedied;

– you cannot properly use the goods due to a repeated occurrence of the defect after repair; or

– several defects in the goods occur.

c) You have the right to a reasonable reduction in the purchase price if:

– you do not choose the right to rescind the contract, to have defective goods or part of goods replaced, or to have the goods repaired;

– we are not able to replace the goods or a part thereof, and/or repair them (for instance, if the goods are no longer produced);

– we fail to remedy the situation within a reasonable period or if a remedy is capable of causing you considerable difficulties; or

– the item has a defect which we are liable for, and involves an item sold at a lower price.

d) You have the right to rescind the contract if:

– the defect cannot be remedied;

– you cannot properly use the goods due to a repeated occurrence of the defect after repair; or

– several defects in the goods occur;

– we are not able to replace the goods or a part thereof, and/or repair them (for instance, if the goods are no longer produced); or

– it is not possible to replace defective goods or a part thereof with faultless goods.

You have no rights arising from defective performance if:

– you knew about the defect before accepting the item;

– you have caused the defect yourself; or

– the warranty period has expired.

Furthermore, the warranty and liability for defects do not apply to:

– any wear and tear of the goods caused by their customary use;

– items sold at a lower price – only in relation to the defect for which the lower price has been agreed; or

– if it arises from the nature of the item.

---

Please raise you claim with us without undue delay after you have detected the defect. In accordance with the Consumer Protection Act, we accept returns:

– in any of our establishments, in which the acceptance of the claim is possible given the range of the goods sold;

– in our registered office;

– at the place of business.

We recommend that you use our establishment to resolve the claim as quickly as possible.

Suggested procedure for returns:

– you can inform us about the claim in advance by telephone, e-mail or in writing;

– at the same time, it is advisable to inform us about the right arising from defective performance that you have chosen, i.e. whether, in accordance with this Returns Policy, you are interested in having the item repaired, in having the goods or a part thereof replaced, in rescinding the contract, in a purchase price reduction, or in any other rights available under these Returns Policy and the Civil Code;

– you deliver to us the goods you wish to return (otherwise than C.O.D., which will not be accepted by us), and we recommend that you pack the goods into a suitable package in such a way as to prevent their damage or destruction;

– in order to simplify the procedure, it is advisable to attach to the goods a proof of their purchase or a tax document – invoice, if issued, or another document proving the purchase of the goods, together with the description of the defect and suggested solution of the claim.

A failure to comply with any of the above steps or a failure to submit any of the above documents shall not prevent the claim from being settled in accordance with the statutory conditions.

The claim is raised at a point in time when the occurrence of the defect was notified to us and when the right arising from liability for defects in a sold item was exercised.

We will make a decision on the claim immediately, or in complex cases within three business days. This period does not include a time which is, depending on the type of product or service, required to have the defect assessed by an expert. The claim, including a remedy of the defect, will be settled without undue delay, however no later than 30 days from the date it was raised, unless we agree on a longer period.

When a claim is raised, we will issue to you a written confirmation of when you have exercised the right, what the content of the claim is, and what type of claim settlement you require; and further (after the complaint has been dealt with), we will issue to you a confirmation of the date and manner the claim was settled, including a confirmation of the repair made and its length, or a written justification of our refusal of the claim.

In accordance with the Civil Code, you have the right to be reimbursed for purposeful costs incurred when making a claim concerning the goods. Please note that you have to exercise the right to the reimbursement of these costs within one month after the expiration of the period for notifying the defect.

This Returns Policy is valid and effective from 1 March 2017.