to the Terms and Conditions for the Masaryk University Shopping Centre
I. Introductory provisions
1.1 This Return Policy is a part of the Terms and Conditions of the Shopping Centre operated by Masaryk University seated at Žerotínovo nám. 617/9, 601 77 Brno, ID: 00216224 (hereinafter referred to as "University") available on the website https://is.muni.cz/obchod/ or http://obchod.muni.cz/ (hereinafter referred to as "Shopping Centre").
1.2 This Return Policy supplements the information on the rights of the consumer (hereinafter referred to as "Customer") and informs Customers about the procedure for exercising their rights under the liability for quality upon acceptance and defects in performance by the University. The Customer is obliged to familiarise themselves with this Return Policy.
1.3 This Return Policy applies the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection, as amended.
1.4 The University shall be liable to the Customer for the fact that the goods (hereinafter referred to as "Goods") at the time of their delivery or the Service (hereinafter referred to as "Service") (hereinafter also collectively referred to as "Product" or "Products") have, at the time of their provision, the characteristics which correspond to the terms agreed in the Contract, i.e. that the performance is free from defects.
1.5 The University shall be liable to the Customer that at the time of provision of the Product:
a) the Product has the characteristics agreed between the parties and, in the absence of agreement, such characteristics as described by the University or expected by the Customer in view of the nature of the Product and based on the advertising carried out by the University;
(b) the Product is fit for the purpose for which the University specifies for its use or for which a Product of that type is normally used;
(c) the Product is in the appropriate quantity, measure or weight; and
(d) the Product complies with the requirements of the legislation.
1.6 If a defect appears in the Goods within twelve months of receipt, the Goods shall be deemed to have been defective upon receipt.
1.7 If the defect in the Goods appears between first and second year, the Customer must prove that the Goods were already defective at the time of delivery. Otherwise, the University may reject the claim.
1.8 Upon purchase of the Goods, the Customer shall be entitled to exercise the right to claim for any defect that occurs in the Consumer Goods within twenty-four months of receipt. If the period of time for which the Goods may be used is indicated on the Goods, on their packaging, in the accompanying instructions or in the advertisement in accordance with other legal provisions, the provisions of the quality guarantee shall apply.
1.9 Defects in the Services provided, which are not of a material nature, may be claimed during or immediately after their provision. The method of claiming, defect claims and the manner of settlement of the claim shall be reasonably governed by the provisions on the claim of the Goods. There is no warranty period for the Services.
II. Inspection of the Goods on receipt
2.1 The Customer is obliged to inspect the Goods on delivery or receipt.
2.2 Before opening the shipment, it is essential to check the packaging for damage or damage. If the packaging of the shipment is damaged, the Customer is entitled to refuse to accept the Goods and return them to the University. The reasons for refusal to accept the Goods must be recorded with the delivery agent. If the Customer takes delivery of the Goods even though the packaging is damaged, the University shall not be liable for any defects in the Goods caused by a breach of the shipping packaging.
2.3 Mechanical defects of the Goods and damage detected upon personal receipt or delivery shall be claimed by the Customer immediately after delivery of the Goods, within 48 hours at the latest.
III. Exercise of the claim
3.1 Complaints shall be made at the premises of the University from which the Goods were issued in person or may be delivered to the address of such premises (the address is the same as the University's registered office). In the complaint, the Customer shall state what defect is claimed and how it manifests itself and what right of defective performance it prefers. The Customer opts for delivery of a new item, repair, a reasonable discount or for withdrawal from the contract. The Customer shall not be entitled to change the chosen method of complaint settlement without the consent of the University. The Customer shall have the right to delivery of a new, defect-free item, replacement of a part, a price reduction or withdrawal from the contract, regardless of the nature of the defect, if the item cannot be used properly due to the recurrence of the defect after repair or due to multiple defects. The Customer shall not be entitled to claim for a defect that has been complained of in the past if a reasonable discount on the purchase price has been granted.
3.2 The Customer shall not have the right to have the defect removed by repairing the Goods if the chosen method of removing the defect would be impossible or unreasonably expensive. The University will assess the above, in particular, having regard to the significance of the defect, the value that the Goods would have had without the defect and whether the defect could have been remedied in another way without significant difficulty for the Customer.
3.3 The University shall be entitled to refuse the defect if it is impossible or unreasonably expensive to do so having regard to the significance of the defect and the value the Goods would have had without the defect.
3.4 When claiming a defect in a Product, the University is entitled to require proof of purchase of the Goods at the Business Centre, for example by presenting a proof of purchase of the Goods or a warranty certificate, if issued with the Goods, or in any other way if this is not apparent from the records at the Business Centre.
IV. Exclusion from warranty
4.1 The University shall not be liable for defects in the Goods if:
a) the item is defective at the time of acceptance and a discount on the purchase price has been agreed for such defect;
b) for wear and tear caused by normal use or in cases where the defect was caused by the Customer through improper use, storage, maintenance, intervention of the Customer or mechanical damage;
(c) if the nature of the item so requires (normal life of the item, etc.);
(d) for used Goods, for defects corresponding to the degree of wear and tear that the item had when it was taken over.
V. Handling of complaints
5.1 The University will decide on the claim immediately (when sending the Goods back to the University's address without undue delay after receiving the Goods together with the claim), in more complex cases within three working days. This time limit does not include the time required for a professional assessment of the defect. The University shall issue a written confirmation to the Customer stating the date and place of the claim, the characteristics of the defect complained of, the method of handling the claim requested by the Customer and the manner in which the Customer will be informed of its handling. If the claim is not made in person and the Goods are sent to the University, the University shall send such confirmation to the Customer via the Masaryk University Information System.
5.2 Complaints, including the removal of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the University and the Customer agree on a longer period. Failure to meet this deadline shall be deemed a material breach of contract and the Customer shall have the right to withdraw from the contract in such a case.
5.3 The University is obliged to confirm to the Customer in writing the method of handling the complaint and the duration of the complaint, or to inform the Customer in writing of the reasons for rejecting the complaint.
5.4 If the claim is found to be justified, the Customer is entitled to reimbursement of the costs reasonably incurred in exercising its right.
5.5 In the event that the University rejects the claim as unjustified, the Customer, or by agreement of both parties, may contact a forensic expert in the field and request an independent professional assessment of the defect. This is without prejudice to the Customer's rights to out-of-court resolution of consumer disputes under the Terms and Conditions.
VI. Final Provisions
6.1 The Customer's rights under the law or other legal regulations are not affected by this Return Policy.
6.1 This Return Policy shall come into force on 23/06/2023.