1. Certain definitions

• Price is the sum of money you pay for the Goods.
• Shipping price is the sum of money you will pay for delivery of the Goods, including the cost of packaging.
• Total price is the sum of the Price and the Shipping price.
• You are the person purchasing at our premises, referred to in legislation as the buyer.
• Goods means everything you can purchase at our premises.

2. Rights arising from defective performance

We warrant that at the time the risk of damage to the Goods passes, the Goods are free of defects, in particular that the Goods:

1. correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
2. are fit for the purpose for which you require them and to which we have agreed;
3. are supplied with the agreed accessories and instructions for use, including assembly or installation instructions;
4. are fit for the purpose for which Goods of that kind are usually used;
5. correspond in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of Goods of the same kind that you can reasonably expect, also having regard to public statements made by us or another person in the same contractual chain, in particular through advertising or labelling;
6. are supplied with accessories, including packaging, assembly instructions and other instructions for use that you can reasonably expect; and
7. correspond in quality or workmanship to the sample or specimen provided to you before conclusion of the contract.

The above provision does not apply where, before conclusion of the Contract, we specifically informed you that a particular characteristic of the Goods differs and you expressly agreed to this when concluding the Contract.

Rights and obligations concerning rights arising from defective performance are governed by the applicable legislation (in particular Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection).

If the Goods have a defect, you may notify us of such defect and exercise your rights arising from defective performance (i.e. lodge a complaint) by sending an e-mail or letter to the address of our premises, or in person at the premises at Trocnovská 1982, 356 01 Sokolov or Plzeňská 35, 252 19 Chrášťany. You may also use the sample form for your complaint (Annex No. 1). When lodging a complaint you must choose how you want the defect resolved; this choice cannot be changed without our consent.

If the Goods have a defect, you have the following rights:

1. to have the defect remedied by delivery of new Goods free of defects, or by delivery of the missing part of the Goods; or
2. to have the defect remedied by repair of the Goods,

unless the chosen method would be impossible or disproportionately costly, having regard to the significance of the defect, the value of the Goods without the defect and whether the defect can be remedied without significant difficulty for you.

• We are entitled to refuse to remedy the defect if this is impossible or disproportionately costly.

You are further entitled to:

1. a reasonable discount from the Price; or
2. withdrawal from the Contract,

if:

1. we refuse to remedy the defect or fail to remedy it in accordance with the legislation;
2. the defect recurs;
3. the defect is a material breach of the Contract; or
4. it is apparent from our statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant difficulty for you.

• The right to withdraw from the Contract does not apply where the defect in the Goods is insignificant.
• If you caused the defect in the Goods yourself, you have no rights arising from defective performance.
• Wear and tear caused by ordinary use, or wear corresponding to the extent of previous use, is not a defect in the Goods.
• When you lodge a complaint we will issue you a written confirmation stating:
  1. the date on which you lodged the complaint,
  2. the content of the complaint,
  3. the method of settlement of the complaint you require,
  4. your contact details for the purpose of providing information on settlement of the complaint.
• Unless we agree on a longer period, we will remedy the defects and inform you of the settlement of the complaint within 30 days of receiving it. Once that period has expired in vain, you may withdraw from the Contract or request a reasonable discount.
• We will inform you of the settlement of the complaint by e-mail. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. Where new Goods are delivered, you are obliged to return the original Goods; the cost of return is borne by Us.
• If you are an entrepreneur, you must notify and point out the defect without undue delay, no later than 3 days from taking delivery of the Goods.
• If you are a consumer, you may exercise rights arising from defective performance in respect of consumer Goods within 24 months of taking delivery.

3. Resolution of disputes with consumers

• We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.
• We handle consumer complaints via the electronic address info@basketking.cz. Information on the settlement of a complaint will be sent to the buyer's electronic address.
• The body competent for out-of-court resolution of disputes is the Czech Trade Inspection Authority, Štěpánská 796/44, 110 00 Praha 1, Company ID: 000 20 869, website: http://www.coi.cz. The ODR platform can be used at: http://ec.europa.eu/consumers/odr.
• The European Consumer Centre Czech Republic, Štěpánská 796/44, 110 00 Praha 1, website: http://www.evropskyspotrebitel.cz, is the contact point under the EU Regulation on online consumer dispute resolution.

4. Final provisions

• A sample complaint form is annexed to this complaints procedure.
• These Terms take effect on 2. 2024.