Oxygenic s.r.o.
I. General provisions
1. These Complaints Procedures govern the rights and obligations of Oxygenic s.r.o., with its registered office at Zahradní 396, 252 25 Jinočany, Company Registration Number: 28938593, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 154407 (hereinafter referred to as the "Seller"), and the buyer with whom the Seller concludes purchase contracts for the supply of goods from the Seller's offer (hereinafter referred to as the "Buyer"), when exercising rights arising from defective performance and rights arising from the quality guarantee. However, these Complaints Procedures do not apply if the Buyer is a consumer within the meaning of Section 419 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code").
2. The Complaints Procedure is an integral part of the Seller's General Terms and Conditions (hereinafter referred to as "GTC"), with which it forms an integral part of the purchase contract concluded between the Seller and the Buyer. By agreeing to the GTC, the Buyer agrees to this Complaints Procedure and undertakes to act in accordance with it.
3. Deviating provisions stated in the framework agreement, purchase agreement and GTC always take precedence over the provisions of these Complaints Procedures.
4. The Complaints Procedure may be unilaterally changed by the Seller as part of the GTC under the conditions specified in the GTC.
5. The rights and obligations of consumers from liability for defects and provided quality guarantees are regulated separately for consumers in the General Business Terms and Conditions of Oxygenic s.r.o. intended for consumers.
II. Quality guarantee
1. Unless otherwise stated or agreed, the Seller provides a quality guarantee for the delivered goods, i.e. a guarantee that the delivered goods will be suitable for the usual purpose or will have usual properties during the warranty period (hereinafter referred to as the "warranty").
2. The Seller provides a warranty for the goods for a period of twenty-four (24) months, except for the exceptions listed below:
- hotel cosmetics: warranty period until expiration.
3. The warranty period starts from the handover of the item to the buyer; if the item was shipped according to the contract, it starts from the arrival of the item at the destination. The provisions of the second sentence of Section 2115 of the Civil Code do not apply.
4. The quality guarantee does not apply to the following defects in the goods or their parts:
- defects caused by improper use, e.g. use of goods in violation of the installation, use and operating instructions (or the requirements of operating regulations and maintenance regulations) or in violation of technical standards or other safety regulations valid in the Czech Republic,
- defects caused by incorrect installation or modification or any other unauthorized interventions in the goods or their individual parts without the prior written consent of the seller,
- wear and tear caused by normal use,
- defects caused by improper transportation and storage,
- defects and malfunctions resulting from the use of the product in an aggressive environment, such as chemical plants, swimming pools, saunas,
- defects caused by improper maintenance of the goods (in violation of the cleaning instructions specified in Appendix No. 1 of these Complaints Procedures or the maintenance instructions supplied with the goods),
- for goods sold at a lower price, for defects for which a lower price was agreed,
- for used goods, for defects corresponding to the degree of use or wear and tear that the goods had when they were taken over by the Buyer.
5. The buyer loses the warranty rights for goods in which the serial number or other elements used to identify the goods or the protective seal or sticker or other protection elements used to detect improper handling of the goods have been broken or otherwise damaged or altered, or in which the information on the warranty certificate has been damaged or altered.
III. Liability for defects in goods
1. The Buyer's right to defective performance is established by a defect that the goods have when the risk of damage to the goods passes to the Buyer, even if it appears later. The Buyer's right is also established by a defect that arose later and was caused by the Seller's breach of its obligations.
2. The buyer has no rights from defective performance if:
- a defect that the Buyer, with the usual attention, must have been aware of when concluding the purchase contract;
- for goods sold at a lower price, for defects for which a lower price was agreed;
- wear and tear of the goods caused by their normal use;
- in the case of used goods, defects corresponding to the degree of use or wear and tear that the goods had when they were taken over by the Buyer.
3. The Buyer's rights from defective performance are not affected if the defect was caused by the use of the item that the Buyer handed over to the Seller. This does not apply if the Seller notified the Buyer of the unsuitability of the item handed over in a timely manner and the Buyer insisted on its use, or if it is proven that the unsuitability of the item handed over could not be detected even with sufficient care. This also applies if the defect in the goods was caused by the Seller's action according to designs, samples or documents that the Buyer provided.
IV. Procedure for claiming defects under the quality guarantee and defective performance
1. The Buyer is obliged to report (complain) to the Seller about defects covered by the warranty without undue delay after their discovery and at the latest by the end of the warranty period. The notification of defects must be made in writing or by means of distance communication.
2. If the Buyer fails to notify the Seller of the claimed defects in a timely manner, the Buyer loses the rights from the provided warranty and the rights from the Seller's liability for defects.
3. Unless otherwise agreed, the Buyer is obliged to deliver the claimed goods without undue delay after notification of the defects to the Seller's premises in the original packaging. When making a claim, the Buyer is obliged to submit the proof of purchase and warranty certificate, if available.
4. The costs of returning the claimed goods shall be borne by the Buyer. If the claim is accepted, the Seller covers the cost of returning the goods to the Buyer.
5. If the Buyer does not deliver the claimed goods including accessories, the refund will be reduced by the value of the missing items.
6. The Seller decides on the method of resolving the claim.
7. The method of resolving the complaint will be specified within seven (7) working days from receipt of the claimed goods.
8. If defects are not removed in reasonable time, the Buyer may request a discount or withdraw from the purchase contract.
V. Final provisions
1. These complaints procedures enter into force on 1.2.2025 and are available at Oxygenic s.r.o. and at www.hotelum.eu.
2. The provisions of Sections 2106 and 2017 of Act No. 89/2012 Coll., Civil Code, as amended, shall not apply.