EN 
CS valid for purchases in the online store https://energetickestrechy.cz.
1. Introductory provisions
1.1. These Complaints Procedures govern the rights and obligations of the contracting parties arising from the seller's liability for defects in the goods sold and the procedure for applying and handling complaints about goods purchased by consumers through the online store operated at https://energetickestrechy.cz, which specializes in sale of solar roof tiles.
1.2. The seller is:
Ing. Martin Šinkmajer
ID: 23134577
Address: Litoměřická 120, 411 41 Žitenice, Czech Republic
Phone: +420 725 047 980
E-mail: info@energetickestrechy.cz
(hereinafter referred to as the "Seller").
1.3. The Buyer is a consumer, i.e. a natural person who, when concluding and fulfilling the purchase contract with the Seller, is not acting within the scope of his commercial or other business activity or within the independent exercise of his profession (hereinafter referred to as the "Buyer"). These complaints procedures shall apply appropriately to the Buyer who is not a consumer (purchasing "by ID number"), unless mandatory provisions of the law provide otherwise.
1.4. These Complaints Procedures have been prepared in accordance with Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, both as amended.
1.5. The Complaints Procedure is an integral part of the Seller's Terms and Conditions. By concluding the purchase contract, the Buyer confirms that he has read and agrees with this Complaints Procedure.
2. Seller's liability for defects
2.1. The Seller is responsible to the Buyer that the goods are free from defects upon acceptance. In particular, it is responsible for the goods: a) complying with the agreed description, type and quantity, quality, functionality and other agreed properties; b) being suitable for the purpose for which the Buyer requires them and to which the Seller has agreed; c) being supplied with the agreed accessories and instructions for use, including assembly or installation instructions (if relevant); d) being suitable for the purpose for which goods of this type are usually used (e.g. as a roof covering with an integrated photovoltaic element); e) being in accordance with the normal properties of goods of the same type that the Buyer can reasonably expect, taking into account the Seller's statements (e.g. in the documentation or on the website); f) being supplied with accessories that the Buyer reasonably expects (e.g. cables, connectors, wiring instructions); g) being in accordance with the design and quality of the sample, if it was presented in advance.
2.2. Please note: Photovoltaic roof tiles may be delivered with technical deviations within the manufacturer's tolerances. Such deviations (e.g. shade, surface texture or technical markings) are not a manufacturing defect, as long as they do not affect the functionality or compatibility of the product.
2.3. If a defect becomes apparent within one year of the Buyer's receipt of the goods, it is assumed that the goods were defective upon receipt, unless the nature of the item or defect precludes this.
2.4. The buyer is entitled to exercise the right to a defect that occurs within 24 months of receipt.
2.5. Rights arising from liability for defects do not apply to defects arising from: a) normal wear and tear; b) incorrect storage or assembly; c) damage caused by natural disasters or unprofessional intervention; d) unprofessional installation of the solar system, if it was carried out by a person other than a certified technician; e) mechanical damage arising after acceptance.
3. Rights arising from defective performance
3.1. If the goods have a defect, the Buyer may request its removal. At his/her option, he/she may request: a) delivery of a new item without defects, or b) repair of thingsThis does not apply if the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this will be assessed in particular with regard to the significance of the defect, the value that the item would have without the defect, and whether the defect can be removed by another method without significant difficulties for the Buyer.
3.2. The seller may refuse to remove the defect if it is impossible or unreasonably expensive, especially with regard to the significance of the defect and the value that the item would have without the defect.
3.3. The buyer may request reasonable discount from the purchase price or to withdraw from the contract, if: a) the Seller refused to remove the defect or did not remove it in accordance with Section 2170, paragraphs 1 and 2 of the Civil Code (i.e. within a reasonable time after the defect was pointed out so as not to cause significant inconvenience to the Buyer); b) the defect appears repeatedly (usually the third identical defect or the fourth different defect); c) the defect is a material breach of contract; or d) it is obvious from the Seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to the Buyer.
3.4. The contract cannot be withdrawn if the defect in the item is insignificant. It is assumed that the defect is not insignificant.
3.5. Until the Seller fulfills its obligations arising from defective performance, the Buyer does not have to pay the unpaid purchase price or part thereof.
4. Filing a complaint
4.1. The Buyer is obliged to file a complaint with the Seller without undue delay after discovering the defect.
4.2. A complaint can be made by sending the defective goods together with a description of the defect and a copy of the proof of purchase (invoice, receipt) to the address of the Seller's registered office/place of business: Litoměřická 120, 411 41 Žitenice, Czech Republic. We recommend contacting the Seller in advance by e-mail at info@energetickestrechy.cz for any clarification of the procedure.
4.3. When making a complaint, the Buyer shall provide: a) His/her contact details (name, surname, address, telephone number, e-mail). b) A detailed description of the detected defect and how it manifests itself. c) A copy of the proof of purchase of the goods (invoice, receipt). d) Any preferred method of handling the complaint (repair, replacement, discount, withdrawal - see point 3).
4.4. The buyer is obliged to hand over the goods for complaint clean, in packaging suitable for transport, so as not to damage them during transport. The seller is not liable for damage incurred during the transport of the goods for complaint.
4.5. The Buyer shall bear the costs of transporting the goods to the Seller for the purpose of the complaint. In the event of a justified complaint, the Buyer shall have the right to compensation for the costs reasonably incurred in connection with the complaint (e.g. reasonable postage). The Buyer must exercise this right with the Seller without undue delay, no later than one month after the expiry of the period for notifying the defect.
5. Complaint handling
5.1. The Seller is obliged to decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect.
5.2. The Seller is obliged to handle the complaint, including the removal of the defect, without undue delay, within 30 calendar days at the latest from the date of its application, unless a longer period is agreed with the Buyer. The date of application of the complaint is considered to be the day on which the Seller received the claimed goods from the Buyer together with the necessary information and documents.
5.3. The futile expiration of the 30-day period is considered a material breach of contract and the Buyer has the right to withdraw from the purchase contract or demand an appropriate discount.
5.4. The Seller is obliged to issue to the Buyer written confirmation (complaint protocol) about when the Buyer exercised the right, what the content of the complaint is and what method of handling the complaint the Buyer requests.
5.5. After the complaint has been resolved, the Seller will issue the Buyer a written confirmation of the date and method of resolving the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint.
5.6. The Buyer will be informed about the settlement of the complaint by e-mail or telephone. If the goods were sent by a shipping service, after settlement they will be sent to the Buyer's address at the Seller's expense (in the case of a justified complaint).
6. Out-of-court dispute resolution
6.1. In the event that a consumer dispute arises between the Seller and the Buyer (consumer) from the purchase contract, which cannot be resolved by mutual agreement, the Buyer may submit a proposal for out-of-court resolution of such a dispute to the designated entity for out-of-court resolution of consumer disputes, which is: Czech Trade Inspection Central Inspectorate – ADR Department Štěpánská 44 110 00 Prague 1 Website: adr.coi.cz.
6.2. The Buyer may also use the online dispute resolution platform established by the European Commission at: http://ec.europa.eu/consumers/odr/.
7. Final provisions
7.1. These Complaints Procedures shall enter into force and effect on 16 May 2025.
7.2. The Seller reserves the right to amend these Complaints Procedures. However, for a specific purchase contract, the version of the Complaints Procedures valid at the time of conclusion of this contract is always valid.
In Žitenice on May 16, 2025.
Ing. Martin Šinkmajer – Energy Roofs.