Claims conditions

ITFutuRe s.r.o. , with its registered office at Libčany 275, 503 22 Libčany, ID: 27490432, VAT: CZ27490432, registered in the Commercial Register of the Regional Court in Hradec Králové, Section C, Insert 22116 (hereinafter referred to as the "seller" or "ITFutuRe"), hereby duly informs the buyer, who is a consumer (hereinafter referred to as the "customer" or "buyer"), in accordance with Section 1811(2)(f) and Section 1820(1)(m) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), and Section 13 of Act No. 634/1992 Coll. on Consumer Protection (hereinafter referred to as the "Consumer Protection Act"), about the scope, conditions, and method of exercising rights from liability for defects, including warranty defects (hereinafter referred to as the "complaint"), including information on where the complaint can be filed. The rights arising from the seller's liability for defects in the goods in relation to the buyer who is not a consumer are governed exclusively by the current general terms and conditions and the Civil Code, and the provisions contained in this complaints procedure shall not apply in such a case, unless otherwise specified in the seller's terms and conditions.

This complaints procedure is issued in accordance with the Civil Code, the Consumer Protection Act, and other generally binding legal regulations of the Czech Republic.

This complaints procedure is available in a visible place accessible to the customer in every ITFutuRe branch and is also published on the seller's website.

By concluding a purchase agreement through the seller's e-shop (www.shopid.cz), this complaints procedure becomes part of the contractual documentation between the customer and the seller. In the event of discrepancies between the provisions of the seller's general terms and conditions and the provisions of this complaints procedure, the provisions of the complaints procedure shall take precedence.

The seller is responsible to the buyer that the goods are free of defects upon receipt.

Wear and tear caused by the usual use of the goods, in the case of used goods, wear corresponding to the degree of previous use (§ 2167(2) of the Civil Code), is not considered a defect. The buyer has no rights arising from defects if they caused the defect themselves (§2167(1) of the Civil Code).

The buyer is entitled to exercise their rights from a defect that occurs in the goods within two years of receipt and in the case of used goods within twelve months of receipt of the goods by the buyer (§2165(1) and § 2168 of the Civil Code); if the buyer properly claimed a defect, this period does not run during the time the buyer cannot use the goods. If the defect manifests itself within one year of receipt, it is presumed that the goods were defective upon receipt, unless the nature of the goods or the defect excludes this; this period does not run during the time the buyer cannot use the goods, provided that they properly claimed the defect.

Quality guarantee (§ 2113 et seq. of the Civil Code).
The seller may provide a quality guarantee for the goods by a declaration exceeding the scope of the seller's liability for defects as provided by law, specifying the conditions and scope of this guarantee in this declaration and issuing a guarantee certificate (warranty card) to the buyer under the conditions and with the requirements pursuant to § 2174a of the Civil Code. A quality guarantee is also created by a declaration made in advertising available no later than at the time of the conclusion of the purchase contract, and in the event of a conflict between the contents of such declarations, the contents of the declaration in the advertisement shall take precedence if it is more favorable to the buyer, unless it was subsequently modified before the conclusion of the contract in the same or comparable way as the advertisement was made.

If a quality guarantee is provided, the warranty period begins from the date the goods are handed over to the buyer; if the goods are sent under the contract, it runs from the date the goods arrive at the destination. If the purchased goods are to be put into operation by someone other than the seller, the warranty period starts from the date the goods are put into operation, provided that the buyer orders the putting into operation no later than three weeks after receipt of the goods and duly and promptly provides the necessary cooperation for the service (§ 2115 of the Civil Code).

If the buyer has properly claimed a defect, the period for claiming liability for defects or warranty does not run until the buyer was obliged to take over the goods after the complaint was handled (or took them over earlier), provided that the warranty was provided (§1922(2), § 2165(4) of the Civil Code). In the case of a complaint being handled by replacing the goods or a part of them, a new period for claiming liability for defects or warranty begins from the delivery of the new goods or a part of them.

If the seller offers additional goods free of charge as a gift along with the purchased goods, it is up to the buyer whether to accept the offered gift. However, the gift is not the subject of the purchase, and therefore the seller is not responsible for any defects in it. If the gift has defects that the seller did not inform the buyer of, the buyer is entitled to return the gift.

A defect in the goods can be reported (a complaint can be made) at any of the seller's branches, i.e., at any of the seller's stores or at the seller's registered office (§ 19(1) of the Consumer Protection Act), either in person or in writing. The buyer can also report a defect in the goods by email at info@itfuture.cz or by phone at the customer service line +420 739 422 196. If another person (hereinafter referred to as the "warranty service") is designated to perform the repair, which is in the seller's location or closer to the buyer, the buyer reports the defect at this warranty service (§ 2172 of the Civil Code). The addresses and telephone contacts of warranty services can be found in the warranty card. Unless otherwise stated in this complaints procedure, exercising a complaint refers to both reporting a defect in the goods due to the seller's liability for defects in the goods and due to the warranty.

The seller will take over the goods at their own expense to remove the defect. If disassembly is required for an item that was installed in accordance with the nature and purpose of the item before the defect occurred, the seller will disassemble the defective item and install the repaired or new item, or reimburse the costs associated with it (§2170 of the Civil Code).

The seller or warranty service is obliged to issue the customer with a written confirmation when a complaint is filed, indicating when the customer made the complaint, what the complaint entails, and what method of handling the complaint the customer requests (§ 19(2) of the Consumer Protection Act); the confirmation must also contain the customer's contact details for the purpose of providing information about the handling of the complaint. This confirmation is also a copy of the complaint protocol. If the customer filed the complaint via remote communication means, the seller (warranty service) is obliged to send the customer a confirmation of the complaint by email without undue delay, if known. 

The complaint, including the removal of the defect, must be resolved, and the consumer must be informed no later than 30 days from the date of the complaint, unless the seller and the consumer agree on a longer period (§ 19(3) of the Consumer Protection Act). After the expiry of this period without resolution, the buyer may withdraw from the contract or request a reasonable discount. The seller will inform the customer about the resolution of the complaint via the telephone number or email address provided by the customer, if the customer provided these contact details to the seller. If the customer cannot be informed about the resolution of the complaint in this way, the notice will be sent to the customer in writing to the address provided in the complaint protocol.

The seller or warranty service is obliged to issue the customer with a written confirmation of the date and method of resolving the complaint, including confirmation of the repair and its duration, or, if applicable, a written confirmation with the reasoning for rejecting the complaint (§ 19(5) of the Consumer Protection Act). This written confirmation is also a copy of the complaint protocol with the filled-out resolution section or a letter containing written notice of the complaint's resolution. As a supplementary notification to the written confirmation, the seller may send the customer a message containing information about the resolution of the complaint to the customer's telephone number or email address, if the customer has provided these to the seller. 

If the customer is required to take back the complained goods from the seller, regardless of the method of resolving the complaint, the customer is obliged, without undue delay, but no later than 10 days from the date of the complaint's resolution, to (i) take the goods from the seller (at the location where the goods were handed over to the seller, unless the customer and seller agree on a different collection location) or (ii) give the seller permission to dispose of the goods at the seller's expense. By giving such permission, the customer releases themselves from the obligation to take back the goods.

If the customer does not collect the goods in accordance with the provisions of Article 3.6. or does not give permission for their disposal, the seller is in the position of a depository (§ 2120(1) of the Civil Code), and the legal relationship between the customer and the seller shall be governed accordingly by the provisions of Act No. 89/2012 Coll., the Civil Code, as amended, on the contract of deposit (§ 2402 et seq. of the Civil Code). The seller is entitled to charge the customer for the storage of the goods an amount of CZK 50 for each, even if only part of, a day of storage. After the expiry of the aforementioned period, the seller may also:

(i) sell the goods on behalf of the customer under the conditions of § 2126 of the Civil Code and deliver the proceeds to the customer; or

(ii) withdraw from the purchase contract for the delivery of the goods to the customer and return the purchase price of the goods to the customer.

The proceeds from the sale or the refunded purchase price, reduced by storage fees and, if applicable, reasonably incurred costs associated with the sale of the goods, will be paid by the seller by transfer to the customer's bank account if known to the seller, or, if the customer's bank account is not known, will be kept on the seller's internal account as a receivable of the customer with the customer's name and an invitation to collect it (or to provide a bank account for payment); this receivable does not accrue interest. The seller's right to compensation for damages and the amount thereof are not affected.

When exercising rights from liability for defects (complaints) with the seller, the customer is obliged to:

a) provide proof of purchase, or in another way that leaves no doubt, prove that the goods were purchased at any of the seller's branches or e-shop, and when this occurred, and promptly deliver the complained goods to the seller, unless the customer and seller have agreed otherwise (e.g., inspection of the goods by the seller at the buyer's premises, collection of the complained goods from the buyer by the seller, etc.);

b) in the event of exercising the right to exchange the goods or withdraw from the contract, hand over to the seller the goods, including all accessories, that were part of the purchase. In the event of withdrawal from the contract, the buyer is obliged to return everything received under the said contract, i.e., if a gift or other performance at a preferential price or symbolic price was provided by the seller with the purchased goods, and the customer withdrew from the purchase contract, the customer is obliged to return the gifts provided with the returned goods, or performance provided at a preferential or symbolic price (§ 1727 of the Civil Code);

c) provide the necessary cooperation for the authorized employee of the seller to complete the complaint protocol. 

If the goods have a defect, the buyer is entitled to have it removed (§ 2169(1) of the Civil Code).

The buyer can demand, at their discretion, to have the defect in the goods removed by repair or replacement of the goods (delivery of new goods free from defects), unless the chosen method of defect removal is impossible or disproportionately expensive compared to the other; this is assessed in particular with regard to the significance of the defect, the value the goods would have without the defect, and whether the defect can be removed in the other way without significant inconvenience to the buyer (§ 2169(1) of the Civil Code). The seller may refuse to remove the defect if it is impossible or disproportionately expensive, especially considering the significance of the defect and the value the item would have without the defect (§ 2169(2) of the Civil Code).

The buyer may demand a reasonable discount or withdraw from the contract (§ 2171(1) of the Civil Code) if

a) the seller refused to remove the defect, or

b) it is apparent from the seller's statement or the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to the buyer, or

c) the defect is a substantial breach of the contract.

The buyer cannot withdraw from the contract if the defect in the goods is insignificant. It is presumed that the defect is not insignificant (§2171(3) of the Civil Code). 

A reasonable discount is determined as the difference between the value of the goods without the defect and the value of the defective goods received by the buyer (§2171(2) of the Civil Code). 

The buyer also has the right to withdraw from the contract or a reasonable discount if the defect recurs (§ 2171(1)(b) of the Civil Code). A defect is considered recurring only if the same defect, which has been repaired at least twice, occurs again. It is not considered a recurring defect if a different defect than previously complained of appears in the goods after the previous repair. 

If the seller does not resolve the complaint within 30 days, the buyer has the right to a reasonable discount or the right to withdraw from the purchase contract (§ 19(4) of the Consumer Protection Act, § 2171(1)(a) of the Civil Code).

If the buyer withdraws from the contract, the seller will refund the buyer the purchase price without undue delay after
receiving the item, or after the buyer proves that they sent the item (§2171(4) of the Civil Code).

In the case of a justified complaint, the buyer has the right to demand reimbursement of the costs reasonably incurred in making the complaint. The buyer must claim such reimbursement without undue delay, but no later than one month after the expiration of the period in which the defect must be reported.

The seller is entitled to arrange post-warranty repairs for customers through agreed partners, within the timeframes, manner, and prices determined for the customer by the seller's partner. The seller informs the customer without undue delay after receiving this information from the partner.

If the customer is not satisfied with the way the seller handled their complaint or believes that the seller has violated their rights, and the dispute has not been resolved by agreement directly between the customer and the seller, the customer has the right to submit a proposal for the initiation of out-of-court dispute resolution. The Czech Trade Inspection Authority, with its registered office at Gorazdova 1969/24, 110 00 Prague 1, ID: 000 20 869, internet address: https://www.coi.cz, is competent for out-of-court consumer dispute resolution arising from the purchase contract. The online dispute resolution platform available at the internet address https://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer from the purchase contract. The European Consumer Centre Czech Republic, with its registered office at Gorazdova 1969/24, 110 00 Prague 1, internet address: https://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, on consumer dispute resolution online and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer dispute resolution online). The seller is authorized to sell goods based on a trade license. Trade supervision is carried out within the scope of its competence by the relevant trade office. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within the specified scope.

The seller reserves the right to amend this complaints procedure, which will become effective no earlier than the day the updated version of the complaints procedure is published.

This complaints procedure is valid and effective from September 19, 2024, and fully replaces the previous complaints procedure. The version of the complaints procedure valid and effective on the date the purchase contract was concluded is decisive for the complaint of goods.

By confirming each order for goods from the seller's online store, the buyer confirms that they have read and agree to this complaints procedure of ITFutuRe.