1. INTRODUCTORY PROVISIONS

1.1. These General Terms and Conditions (hereinafter also referred to as the “GTC”) of the Seller govern, in accordance with Section 1751 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement concluded between the Seller, acting within the scope of its business activities, and another legal entity or a natural person acting within the scope of their business activities or independent professional practice (hereinafter referred to as the “Buyer”), through the Seller’s online store. The online store is operated by the Seller on the website located at www.pilana.group, through the website interface (hereinafter referred to as the “Online Store Interface”).

1.2. These Terms and Conditions apply exclusively in cases where the person intending to purchase goods from the Seller is a legal entity or a natural person acting within the scope of their business activities or independent professional practice when concluding the purchase agreement. The Seller reserves the right to refuse to conclude a contract with any person who is not acting within the scope of their business activities or independent professional practice when entering into the purchase agreement.

1.3. Provisions deviating from these Terms and Conditions may be agreed upon in the purchase agreement. Any provisions of the purchase agreement that differ from these Terms and Conditions shall prevail over the relevant provisions of these Terms and Conditions.

1.4. These Terms and Conditions form an integral part of every purchase agreement. The purchase agreement and these Terms and Conditions are drawn up in the Czech, English, and German languages. The purchase agreement may be concluded in Czech, English, or German, depending on the language settings selected by the Buyer in the user account of the Online Store Interface.

1.5. The appendices to these Terms and Conditions form an integral part thereof. By expressing consent to these Terms and Conditions, the Buyer also expresses consent to all appendices thereto and confirms that they have duly familiarized themselves with their contents.

1.6. In the event of any conflict between these Terms and Conditions and the Complaints Procedure, these Terms and Conditions shall prevail to the extent of such conflict.

1.7. The Seller may unilaterally amend or supplement these Terms and Conditions. This provision shall not affect any rights and obligations that arose during the validity of a previous version of the Terms and Conditions.

1.8. The Seller is entitled to inform the Buyer, who has given prior consent, by electronic mail about new products and services available through the Online Store Interface (newsletter). Even without the Buyer’s consent, the Seller is entitled to send the Buyer technical notifications by electronic mail, particularly regarding amendments to these Terms and Conditions and/or the Complaints Procedure. Furthermore, the Seller is entitled to send the Buyer customer communications by electronic mail in accordance with, and under the conditions set out in, Section 7(3) of Act No. 480/2004 Coll., on Certain Information Society Services.

2. REGISTRATION AND USER ACCOUNT

2.1. Registration in the Online Store Interface is a prerequisite for submitting an Order and concluding a Purchase Agreement. Acceptance of these General Terms and Conditions is a prerequisite for creating a registration.

2.2. Registration shall only be permitted for Buyers who are registered for value added tax (VAT), unless otherwise agreed under individually negotiated conditions. For the purpose of arranging such individual conditions, the Buyer may contact the Seller by e-mail at group@pilana.cz.

2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding all information necessary for access to the User Account. Any consequences arising from a breach of this obligation, as well as from allowing third parties to use the User Account, shall be borne solely by the Buyer.

2.4. The Buyer acknowledges that the User Account may not be available continuously, particularly due to necessary maintenance of the Seller’s or third parties’ hardware and software systems.

2.5. The Seller declares that the information provided by the Buyer in the User Account, during the ordering process, and any related data shall be used solely for identification purposes in connection with purchases made through the Seller’s online store and shall not be disclosed to third parties or otherwise misused.

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3. ORDER AND CONCLUSION OF THE PURCHASE AGREEMENT

Completion and Submission of an Order

3.1. To order Goods, the Buyer shall complete the order form available through the Seller’s Online Store Interface. The order form contains, in particular, information concerning:

a) the Goods being ordered (the Buyer places the selected Goods into the electronic shopping cart within the Online Store Interface);

b) the method of payment of the purchase price of the Goods, information regarding the requested method of delivery of the ordered Goods, and the payment method;

c) information regarding the costs associated with the delivery of the Goods

(hereinafter collectively referred to as the “Order”).

3.2. Before submitting the Order to the Seller, the Buyer is allowed to review and amend the information entered into the Order. The Buyer submits the Order to the Seller by clicking the “SUBMIT ORDER” button. The information provided in the Order shall be deemed correct and complete by the Seller.

Notwithstanding the foregoing, the Seller shall always be entitled to request additional confirmation of the Order from the Buyer, particularly depending on the nature of the Order.

Should any information provided by the Buyer prove to be incorrect, the Buyer shall be obliged to compensate the Seller for any damage incurred as a result thereof.

All Orders placed through the Online Store Interface shall be deemed binding. By submitting an Order, the Buyer unconditionally accepts all provisions of the General Terms and Conditions effective on the date of submission of the Order, as well as the valid price of the ordered Goods, including any delivery costs specified in the Online Store Interface.

Order Registration and Confirmation; Conclusion of the Purchase Agreement

3.3. Upon receipt of the Order, the Seller shall acknowledge its receipt by sending an automatic e-mail entitled “Order Registration” to the Buyer’s e-mail address specified in the Order (hereinafter referred to as the “Buyer’s E-mail Address”). The sending of the Order Registration shall not constitute the conclusion of a Purchase Agreement.

3.4. After receiving the Order, the Seller shall process it within its internal system. Subsequently, the Seller shall either confirm or reject the Order.

The Seller shall confirm the Order by sending an e-mail entitled “Order Confirmation” to the Buyer’s E-mail Address. The Purchase Agreement shall be concluded upon delivery of such Order Confirmation.

The Seller shall reject the Order by sending an e-mail entitled “Order Rejection” to the Buyer’s E-mail Address. Such e-mail shall identify both the Buyer and the Order being rejected.

The Seller is under no obligation to conclude a Purchase Agreement regarding any Goods displayed in the Online Store Interface.

3.5. The Buyer shall acquire title to the Goods only upon full payment of the purchase price and all costs associated with the packaging and delivery of the Goods (hereinafter referred to as “Shipping Costs”). Section 2119(1) of the Civil Code shall not apply.

3.6. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

3.7. Any costs incurred by the Buyer in connection with the use of distance communication means for the purpose of concluding the Purchase Agreement (including, without limitation, internet connection costs, telephone charges, etc.) shall be borne solely by the Buyer.

Specific Types of Orders

3.8. The Buyer is entitled to place an Order for Goods that are unavailable at the time the Order is placed (i.e., not in stock). In such a case, after the Order has been submitted, the Seller shall contact the Buyer by e-mail or telephone and agree with the Buyer on the conditions for concluding a contract concerning such Goods. The Order Confirmation shall not be sent to the Buyer until both parties have mutually agreed upon the conditions for the conclusion of a Purchase Agreement regarding such Goods.

3.9. If the place of delivery is a country other than a Member State of the European Union, Bosnia and Herzegovina, or Switzerland, and the Buyer chooses delivery through PILANA Group a.s. and its contractual partners pursuant to Article 6.2(a) of these GTC, the Seller shall, for operational reasons, send the Order Confirmation to the Buyer only after obtaining information from its contractual carriers regarding the possibilities and conditions of transporting the Goods to such country, and after the Buyer has approved the transportation conditions and costs by e-mail.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The prices of the Goods shall remain valid for as long as they are displayed in the Online Store Interface. The price of the Goods stated in the Online Store Interface or in the Order Confirmation includes the costs associated with packaging the Goods, but does not include Shipping Costs (unless otherwise apparent from the specific circumstances), value added tax (“VAT”), or any other related charges.

4.2. All prices displayed in the online store are contractual prices and are always current and valid, except in the case of an obvious error. The Seller reserves the right to amend prices at any time.

VAT and Other Charges

4.3. Together with the purchase price, the Buyer is also obliged to pay the Seller the Shipping Costs in the agreed amount. The amount of the Shipping Costs shall be determined according to the price lists of the contractual partners.

4.4. If the place of supply is the Czech Republic, the Buyer shall be obliged to pay the price of the Goods increased by the currently applicable VAT rate pursuant to Act No. 235/2004 Coll., on Value Added Tax (hereinafter referred to as the “VAT Act”), and related legal regulations.

4.5. If the place of supply is another European Union country[1] other than the Czech Republic (hereinafter referred to as a “Member State”), the Buyer has its registered office in such Member State and is registered for value added tax there, the price of the supply shall be exempt from VAT. The Buyer shall then be obliged to declare and pay VAT under the reverse charge mechanism.

4.6. If the place of supply is a country other than a Member State (hereinafter referred to as a “Third Country”), the Buyer has its registered office in such Third Country and is registered for value added tax there, the price of the supply shall be exempt from VAT. However, the Buyer shall be obliged to declare and pay VAT in its own country upon crossing the state border, in accordance with the applicable local legislation.

4.7. The taxable person shall be obliged to prove the export of the Goods from the territory of the European Union pursuant to Section 66 of the VAT Act[2].

4.8. Any additional charges related to the export of the Goods outside the Czech Republic (e.g. local VAT, import customs duties, etc.) shall be borne exclusively by the Buyer, and the Buyer shall be fully responsible for their payment and declaration to the competent authorities where required.

4.9. The Seller is a VAT payer / taxable person registered for value added tax.

Methods of Payment

4.10. The Buyer may pay the purchase price of the Goods and the Shipping Costs under the Purchase Agreement by any of the following methods:

a) Advance payment by bank transfer to the Seller’s bank account.
In such case, the Buyer shall ensure that the full purchase price, including Shipping Costs and any other applicable charges, is credited to the Seller’s bank account no later than 7 (seven) business days from the delivery of the Order Confirmation. Otherwise, the Seller shall be entitled to cancel the Buyer’s Order with the effects of withdrawal from the Purchase Agreement, of which the Buyer shall be notified by e-mail sent to the Buyer’s E-mail Address.

b) Payment by debit card or credit card (MasterCard, Visa, Maestro, American Express, Apple Pay, Google Pay, UnionPay).

c) Payment by bank transfer to the Seller’s bank account.
The Seller reserves the right to make this payment method available only to verified Buyers with whom the Seller has previously cooperated and whose payment reliability has been verified, as well as to Buyers covered by valid credit insurance arranged through the Seller’s export credit insurer. In such case, the Buyer shall ensure that the full purchase price, including Shipping Costs and any other applicable charges, is credited to the Seller’s bank account no later than on the due date of the invoice.

Due Date and Payment of the Purchase Price

4.11. The due date of the purchase price shall be specified in the Order Confirmation and in the tax document (invoice) issued by the Seller.

4.12. Payment shall be deemed made on the date the relevant amount is credited to the Seller’s bank account under the relevant payment reference number (variable symbol) communicated to the Buyer by the Seller in the Order Confirmation.

4.13. For payments made under the Purchase Agreement, the Seller shall issue an electronic tax document (invoice) and send it to the Buyer in PDF format to the Buyer’s E-mail Address. A list of all issued invoices shall also be available in the Online Store Interface under the section “My Profile – Documents for Download.”

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[1] For the purposes of these Terms and Conditions, a European Union country means the territory of a Member State of the European Union, excluding any territories to which the Treaty on European Union and the Treaty on the Functioning of the European Union do not apply.

[2] i.e. by means of a decision of the customs authority confirming the exit of the Goods from the territory of the European Union and their release into the customs procedure of export, outward processing, external transit, or re-export, or by any other acceptable evidence proving such export.

5. DISPATCH TIMES

5.1. Unless otherwise stated in the description of the ordered Product, all Goods that are in stock shall be dispatched (handed over for carriage) no later than the third (3rd) business day following the sending of the Order Confirmation.

The Seller shall be entitled, through the User Account in the Online Store Interface marked “advance payment” or by e-mail, to require the Buyer to pay the purchase price, including Shipping Costs, before the Goods are dispatched (handed over for carriage). In such case, the Goods shall be dispatched (handed over for carriage) no later than the third (3rd) business day following payment of the purchase price and Shipping Costs.

5.2. The Seller reserves the right to extend the dispatch period if the Goods are temporarily out of stock or if other unforeseen circumstances occur.

5.3. The Goods shall be dispatched by the Seller together with the original shipping documents.

Packaging of Goods

5.4. Unless otherwise stated in the Online Store Interface for a specific case or individually agreed between the Parties, the Seller shall package the Goods in fumigated wooden crates and on fumigated wooden pallets, treat the Goods with an anti-corrosion coating, and wrap them in anti-corrosion paper before placing them into the crates.

This procedure shall not apply to planer knives, which shall be packaged in plastic packaging instead of anti-corrosion paper.

The Goods shall normally be marked with the Seller’s logo and a production serial number enabling identification of the Goods.

6. TRANSPORTATION AND DELIVERY OF GOODS

6.1. The place of delivery of the Goods shall be the address specified by the Buyer in the order form. If no delivery address is specified, the Buyer agrees that the invoicing address provided shall be deemed to be the delivery address.

6.2. Unless otherwise provided in this or any other provision of these Terms and Conditions, the dispatch, carriage, transportation, and delivery of the Goods shall be governed by INCOTERMS® 2020.

Methods of Delivery, Repeated Delivery and Estimated Delivery Times

6.3. The Goods may be transported and delivered by one of the following methods:

a) through PILANA Group a.s. and its contractual carriers; or

b) by transport arranged by the Buyer.

6.4. If, for reasons attributable to the Buyer, the Goods must be delivered repeatedly or by a method other than that specified in the Order, the Buyer shall be obliged to reimburse the costs associated with such repeated delivery or alternative method of delivery.

6.5. The Seller undertakes to hand over the Goods for carriage as a shipment packed in packaging suitable for safe transportation, taking into account the mode of transport used (road transport, air transport, or sea transport).

6.6. Where the Goods are transported and delivered through PILANA Group a.s., the estimated delivery period shall be:

a) 3 (three) business days from the date of dispatch of the Goods for deliveries within the territory of the Czech Republic;

b) 5–10 (five to ten) business days from the date of dispatch of the Goods for deliveries to Member States of the European Union, Bosnia and Herzegovina, Montenegro, Iceland, Liechtenstein, North Macedonia, Moldova, Monaco, Norway, San Marino, Serbia, Switzerland, and Türkiye;

c) for deliveries to all other countries, the estimated delivery period shall be communicated to the Buyer either by e-mail sent to the Buyer’s E-mail Address or by telephone.

6.7. If the Buyer chooses transportation and delivery by means of the Buyer’s own transport, the Seller shall notify the Buyer via the Buyer’s E-mail Address that the Goods are ready for collection.

The Buyer shall collect the Goods no later than 10 (ten) calendar days from the date on which the notification regarding the possibility of collection was sent.

If the Buyer uses a vehicle to collect the Goods, the Seller shall load the Goods onto such vehicle, provided that the nature of the vehicle and the purchased Goods permits such loading.

In such case, the risk of loss of or damage to the Goods shall pass to the Buyer upon collection of the Goods.

Liability and Claims in Connection with Transportation

6.8. The Seller shall not be liable for any damage to the Goods caused by the carrier or for any failure to comply with the estimated delivery period.

6.9. If a shipment is returned as undeliverable for reasons attributable to the Buyer, the Seller shall be entitled to claim reimbursement from the Buyer for all costs associated with the delivery of the shipment.

6.10. If the Buyer requests that the shipment be dispatched again, the Buyer shall be obliged to pay the handling fee and Shipping Costs once more.

6.11. The risk of loss of or damage to the Goods shall pass to the Buyer at the moment the Goods are handed over as a shipment for carriage.

7. WITHDRAWAL FROM THE PURCHASE AGREEMENT

7.1. The Buyer shall be entitled to withdraw from the Purchase Agreement only where such right is expressly provided for under these GTC or the Complaints Procedure, and only in the manner and under the conditions set out therein.

7.2. The Buyer may withdraw from the Purchase Agreement only for as long as the order status displayed in the User Account within the Online Store Interface indicates that the Order is being processed (“Order Status: Order Being Processed”).

The Buyer shall submit the notice of withdrawal in writing by e-mail to the Seller’s e-mail address group@pilana.cz and simultaneously to the e-mail address of the sales representative assigned to process the Order, whose contact details are specified in the Order Confirmation.

7.3. The Seller shall send the Buyer written confirmation of the withdrawal to the Buyer’s E-mail Address, usually within 3 (three) business days. The withdrawal shall become effective upon dispatch of such confirmation to the Buyer.

7.4. If withdrawal from the Purchase Agreement is not permitted, the Seller shall notify the Buyer accordingly by e-mail sent to the Buyer’s E-mail Address. In such case, the Buyer’s declaration of intent by which the Buyer attempted to withdraw from the Purchase Agreement shall have no legal effect.

7.5. If the Order has already been paid for, the Seller shall refund the purchase price paid for the Goods within 14 (fourteen) business days from the effective date of the withdrawal.

If the Seller has already incurred costs in connection with the conclusion of the Purchase Agreement and such costs cannot, for objective reasons beyond the Seller’s control, be recovered from the party to whom they were paid, the Seller shall not be obliged to refund to the Buyer an amount corresponding to such additional costs.

Unless otherwise agreed in a specific case, the Seller shall use the same payment method for the refund as the Buyer used for the original transaction.

8. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE (CLAIMS), WARRANTY

8.1. The conditions and procedures applicable to claims relating to defective Goods shall be governed by the Seller’s Complaints Procedure. The rights and obligations of the Parties relating to rights arising from defective performance, as further specified in the Complaints Procedure, shall be governed by the applicable mandatory legal regulations, in particular Sections 1914 to 1925 and Sections 2099 to 2117 of the Civil Code.

8.2. The Seller shall not be liable for defects in the Goods where the Buyer has accepted a shipment that was visibly damaged upon delivery.

8.3. The Buyer shall inspect the Product as soon as reasonably possible after receipt and verify its characteristics and quantity.

Any apparent defects that the Buyer could and should have discovered through such inspection must be notified to the Seller without undue delay and no later than 10 (ten) business days from the date of receipt of the Goods. Failing such notification, the Buyer shall not be entitled to any rights arising from defective performance in respect of such apparent defects.

8.4. The Seller provides a quality warranty for each Product supplied.

The warranty period shall be the period specified in the Seller’s Complaints Procedure or, if no such period is specified therein, 24 months from the date on which the Buyer takes delivery of the Goods.

The scope of the warranty and the conditions for asserting warranty claims are set out in the Seller’s Complaints Procedure, which forms an appendix to and an integral part of these General Terms and Conditions.

9. DISPUTE RESOLUTION

9.1. Any disputes arising between the Seller and the Buyer shall, in the first instance, be resolved amicably through mutual negotiations.

9.2. If an amicable resolution cannot be reached, any and all disputes between the Buyer and the Seller shall be submitted exclusively to the courts of the Czech Republic having jurisdiction according to the registered office of the Seller and shall be governed by the laws of the Czech Republic, irrespective of the place of delivery of the Goods or the registered office of the Buyer.

10. PERSONAL DATA PROTECTION

10.1. The Buyer’s personal data forming part of the Purchase Agreement are necessary for the performance of the Agreement (in particular for processing the Order, delivering the ordered Goods, recording the payment, and handling the Buyer’s claims and complaints).

The Seller shall process the Buyer’s personal data only to the extent necessary for fulfilling these purposes. The Seller processes the Buyer’s personal data on the legal basis of performing the rights and obligations arising from the Purchase Agreement and complying with obligations imposed by applicable legal regulations.

The Seller shall process the personal data for the duration of the contractual relationship (until the expiry of the statutory claims period) and, following the termination of the contractual relationship, for the duration of the applicable three-year limitation period during which legal claims may still be asserted, extended by an additional calendar year.

The foregoing shall apply unless applicable legal regulations require a longer retention period for personal data (e.g. Act No. 563/1991 Coll., the Accounting Act, Act No. 499/2004 Coll., on Archiving and Records Management, and other applicable legislation).

The Seller declares that the Buyer’s personal data shall be erased once the purpose for which they were processed has ceased to exist.

10.2. The Seller undertakes to process personal data in accordance with the applicable legal regulations governing the protection and processing of personal data.

Further information regarding the rights of Buyers as data subjects and regarding how the Seller processes, protects, and, where applicable, transfers personal data to third parties is set out in the Privacy Policy, which forms an integral part of these GTC.

10.3. In the event of any inconsistency between the Privacy Policy and these GTC, the provisions of the Privacy Policy shall prevail to the extent of such inconsistency.

11. FINAL PROVISIONS

11.1. The Seller shall be entitled to amend these General Terms and Conditions at any time by unilateral decision. Any amendment to the General Terms and Conditions shall become effective on the 15th day following its publication on the Seller’s website, unless the amended version of the General Terms and Conditions specifies a later effective date.

11.2. Unless otherwise provided in these GTC or in the Complaints Procedure, the rights and obligations of the Parties shall be governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended.

If a legal relationship established by a Purchase Agreement contains an international (foreign) element, the Parties agree that such relationship shall be governed exclusively by the laws of the Czech Republic.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

11.3. The Purchase Agreement, including these General Terms and Conditions, shall be archived by the Seller in electronic form.

11.4. Any amendments to the Purchase Agreement or to these General Terms and Conditions must be made in writing.

11.5. These General Terms and Conditions shall enter into force and effect on 1 May 2025.

The following documents form appendices to and an integral part of these General Terms and Conditions:

1. The Seller’s Complaints Procedure

2. The Privacy Policy

COMPLAINTS PROCEDURE

Seller:

PILANA Group a.s.
Registered office: Nádražní 804, 768 24 Hulín, Czech Republic
Company ID No. (IČ): 04161076
VAT ID No. (DIČ): CZ04161076

The Company is registered in the Commercial Register maintained by the Regional Court in Brno, Section B, Insert No. 7323.

1. GENERAL PROVISIONS

1.1. This Complaints Procedure has been prepared in accordance with Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), and applies to Goods (hereinafter referred to as the “Goods”) in respect of which the Buyer exercises rights arising from defective performance within the applicable period for asserting such rights (hereinafter referred to as a “Claim”).

1.2. The Buyer is the entity that has concluded a contract for the purchase of Goods with the Seller. The term Buyer means a legal entity or a natural person acting within the scope of its business activities or independent professional practice (hereinafter referred to as the “Buyer”).

1.3. This Complaints Procedure forms an integral part of the General Terms and Conditions (hereinafter also referred to as the “GTC”) as well as of the contract for the purchase of Goods concluded between the Seller and the Buyer.

1.4. This Complaints Procedure governs the procedure for asserting claims under the quality warranty and claims arising from defects in Goods supplied by the Seller to the Buyer, as well as the mutual rights and obligations of the Parties. This Complaints Procedure shall govern the Seller’s procedure when handling claims arising under the quality warranty for the Goods.

1.5. By concluding the Purchase Agreement, the Buyer expresses its agreement with the General Terms and Conditions and this Complaints Procedure and confirms that it has duly familiarized itself with their contents.

1.6. A Claim means the exercise by the Buyer of its rights arising from the Seller’s liability for defects in the Goods, submitted by the Buyer to the Seller in writing or by e-mail, and containing identification of the Buyer, identification of the Goods, and a description of the defect and its manifestations.

2. BUYER’S OBLIGATION TO INSPECT THE GOODS

2.1. The Buyer shall be obliged to carry out a proper inspection of the Goods, including examining the Goods, verifying their characteristics and quantity, and checking the completeness of any accessories supplied with them.

2.2. The Buyer shall, where reasonably possible, inspect the Product as soon as possible after receipt and assess its characteristics and quantity.

Any apparent defects that the Buyer could and should have discovered through such inspection must be reported to the Seller without undue delay and no later than 10 (ten) business days from the date of receipt of the Goods. Failing such notification, the Buyer shall not be entitled to any rights arising from defective performance.

Any damage to the packaging of the Goods, the shipment containing the Goods, or the Goods themselves that is apparent upon receipt from the carrier must be reported by the Buyer to the carrier, and the relevant findings must be recorded in the transport document or documented in a formal damage report.

2.3. Where the Buyer collects the Goods in person or arranges transportation using the Buyer’s own means of transport, the Buyer shall inspect the Goods and any accessories upon receipt from the Seller or, where such inspection is not possible due to the nature of the Goods, immediately thereafter.

The Buyer shall confirm receipt of the Goods in writing by signing the Seller’s delivery note.

2.4. By accepting the Goods, the Buyer confirms that no apparent damage to the Goods was identified and that the packaging of the Goods was intact.

In the event of a subsequent claim concerning defects that could have been detected during such inspection (e.g. missing accessories or external damage), the Buyer must clearly and convincingly demonstrate, in order for the claim to be successful, that such defects already existed at the time the Goods were received.

3. RIGHTS ARISING FROM DEFECTS AND WARRANTY

3.1. Defects upon Receipt. The Seller warrants that the Goods are free from defects at the time of receipt by the Buyer, which means that:

a) the Goods possess the characteristics described by the Seller or reasonably expected by the Buyer having regard to the nature of the Goods;

b) the Goods are suitable for the purpose stated by the Seller or for the purpose for which goods of that type are ordinarily used;

c) the Goods are supplied in the appropriate quantity, measure, or weight;

d) the Goods comply with applicable legal requirements;

e) all documents necessary for the use of the Goods are complete and accurate; and

f) the Goods are free from legal defects within the meaning of Section 1920 of the Civil Code.

3.2. The Seller’s liability for defects existing upon receipt of the Goods shall not apply to Goods sold at a reduced price due to a defect for which the reduced price was agreed, to used Goods with defects corresponding to the degree of use or wear existing at the time of receipt by the Buyer, or where such exclusion results from the nature of the Goods.

3.3. The Seller further undertakes that throughout the warranty period the Goods shall remain fit for their agreed or customary purpose and shall retain their usual characteristics.

Failure to comply with this undertaking shall constitute a “Warranty Defect.”

If a Warranty Defect occurs during the warranty period, the Buyer shall be entitled to rights under the warranty, subject to the conditions set out in this Complaints Procedure and, where applicable, in the GTC.

3.4. The warranty is provided by the Seller only under the following conditions:

a) throughout the entire warranty period, no person who has not been expressly authorized in advance by the Seller shall interfere with the Goods in any manner (including, without limitation, by carrying out modifications or repairs);

b) the Goods shall be used by the Buyer only in the ordinary manner and in accordance with their intended purpose; and

c) routine maintenance of the Goods shall be properly carried out.

3.5. The warranty period shall be 24 months. The warranty period shall commence on the date the Buyer takes delivery of the Goods. If the Goods are dispatched pursuant to the Purchase Agreement, the warranty period shall commence on the date the Product is delivered to its destination.

3.6. The warranty shall not apply, in particular, to:

a) a defect for which a reduced price was agreed in the case of Goods sold at a reduced price;

b) normal wear and tear resulting from the ordinary use of the Goods.

3.7. The Buyer shall have no rights arising from defects if the Buyer caused the defect or if, prior to taking delivery of the Goods, the Buyer already knew that the Goods were defective.

3.8. The Buyer shall have no rights under the warranty if the defect was caused by an external event occurring after the Buyer took delivery of the Goods or if the defect was caused by the Buyer.

The Buyer shall also have no rights under the warranty if the Buyer fails to fulfil its obligation to inspect the integrity of the packaging of the Goods, as it shall be presumed that the Goods were delivered in proper condition and that any physical damage occurred only after the shipment had been duly delivered.

3.9. Claims in Respect of Material Defects. If defective performance (a defect existing upon receipt) constitutes a material breach of contract, the Buyer shall be entitled to:

a) have the defect remedied by delivery of replacement Goods free from defects or by delivery of any missing Goods or accessories;

b) have the defect remedied by repair of the Goods;

c) a reasonable reduction of the purchase price; or

d) withdraw from the Purchase Agreement.

3.10. Claims in Respect of Non-Material Defects. If defective performance (a defect existing upon receipt) constitutes a non-material breach of contract, the Buyer shall be entitled to have the defect remedied or to receive a reasonable reduction of the purchase price.

3.11. Claims Arising from Warranty Defects. If a Warranty Defect covered by the warranty under this Complaints Procedure occurs during the warranty period, the Buyer shall be entitled to the following remedies:

a) in the case of a remediable defect, the Buyer shall be entitled to have the defect remedied free of charge;

b) where the defect is remediable but the Buyer cannot properly use the Product due to the repeated occurrence of the defect after repair or due to a greater number of defects, the Buyer shall be entitled to delivery of a new Product or replacement of the defective component;

c) in the case of an irremediable defect, the Buyer shall be entitled to delivery of a new Product free from defects; where the defect affects only a component of the Product, the Buyer shall be entitled to replacement of that component. Where appropriate in view of the nature of the defect, the Buyer may instead claim a reasonable reduction of the purchase price;

d) the Buyer shall be entitled to withdraw from the Purchase Agreement only if the defect is irremediable and prevents the proper use of the Goods.

3.12. Failure to comply with any of the conditions set out in the preceding provisions shall result in termination of the warranty without compensation.

In the event of doubt, the Buyer shall bear the burden of proving that the Goods were used in accordance with the conditions set out above and that the warranty remains valid.

4. ASSERTION OF CLAIMS

4.1. If the Goods are defective at the time of receipt by the Buyer, the Buyer shall be entitled to the remedies set out above in this Complaints Procedure.

4.2. As a prerequisite for the successful exercise of the Buyer’s rights, the Buyer must notify the Seller of the defects in the Goods (i.e. submit a Claim) in the manner and within the time limits specified in this Complaints Procedure.

4.3. When submitting a Claim, the Buyer shall be obliged to demonstrate that the Goods were purchased from the Seller by presenting the original tax document (invoice).

4.4. Contents of the Notice. A notice of a defect in the Goods must be submitted in writing, either in paper form or electronically, and must contain, in particular:

• identification of the Goods (including the Order reference, invoice reference, and precise specification of the Goods);

• the quantity of Goods being claimed;

• a description of the defect and, where applicable, the manner in which the defect manifests itself; and

• the remedy requested by the Buyer

(hereinafter referred to as the “Written Notice”).

Alternatively, a Claim may be submitted through the Online Store Interface.

4.5. Where a Claim is submitted through the Online Store Interface, the Buyer shall complete the same information required for a Written Notice in the designated text field and submit the Claim by clicking the “Claim Goods” button available in the overview of all Orders under the section “Order / Inquiry List.”

The Buyer shall be informed by e-mail about the progress of the claim handling process and any other relevant matters related to the Claim.

4.6. A Written Notice pursuant to Clause 4.4 of this Complaints Procedure may be submitted by the Buyer by e-mail to the Seller’s address or to the address of the Seller’s representative specified in the invoice or Order Confirmation.

The Buyer may also use its own form (claim form) for the Written Notice. However, the Written Notice must always contain the information specified in Clause 4.4.

If the notice does not contain the required information, the Seller may reject the Claim as unjustified. The Buyer shall provide the Seller, upon request, with any additional information known to the Buyer that may be relevant to the Claim.

4.7. Notices of defects and the exercise of rights arising from defects may also be submitted using the following contact details:

PILANA Group a.s.
Nádražní 804
768 24 Hulín
Czech Republic

E-mail: group@pilana.cz

4.8. Loss of Certain Remedies. If the Buyer does not specify, when submitting a Claim, which remedy it has elected to pursue, the Buyer shall be entitled only to a reasonable reduction of the purchase price, unless the Seller considers repair or other remediation of the defect to be appropriate.

4.9. Limitation of Remedies. The Buyer may not withdraw from the Purchase Agreement or request delivery of replacement Goods if the Buyer is unable to return the Goods in substantially the same condition in which they were received.

This limitation shall not apply where the change in condition was caused by a defect in the Goods and the Buyer demonstrably neither caused nor otherwise contributed to such change.

4.10. Time Limits for Claims. All defects, whether apparent, latent, or covered by warranty, must be notified to the Seller without undue delay after the Buyer could have discovered them through timely inspection and the exercise of reasonable care.

Latent defects that existed at the time of receipt of the Goods may be notified no later than 2 (two) years from the date on which the Buyer took delivery of the Goods.

Warranty Defects may be notified to the Seller no later than the expiry of the warranty period.

Given the nature of the Goods, the Seller shall deem the requirement of notification “without undue delay” to have been satisfied if the notice is submitted within 5 (five) business days from the date on which the defect was discovered or could reasonably have been discovered.

4.11. Late Notification of Defects. If the Buyer fails to notify defects in the Goods in a timely manner, the Buyer shall lose the right to withdraw from the Purchase Agreement.

Furthermore, if defects are not notified in a timely manner, the Seller may, in accordance with Section 2112 of the Civil Code, reject the Claim as unjustified.

4.12. If any defect becomes apparent in the Goods, the Buyer shall refrain from any interference with the Goods and shall allow the Seller to inspect them for the purpose of assessing the defect.

For this purpose, the Buyer shall present the defective Goods to the Seller or otherwise make them available for inspection.

4.13. Shipment of Goods for Claims. If the Buyer sends the Goods to the Seller by means of a transport service, the Buyer should, in its own interest, package the claimed Goods in suitable protective packaging appropriate for the selected mode of transport so as to prevent damage during transportation.

Fragile Goods should be marked with the appropriate handling symbols.

The shipment must contain the claimed Goods (including all accessories supplied with them) and appropriate identification of both the Claim and the Buyer.

The Seller recommends enclosing a copy of the notice of defects and a copy of the tax document (invoice), together with the Buyer’s correct contact details.

4.14. Where, due to the nature of the Goods, it is not possible to present the Goods to the Seller for inspection, the Buyer shall allow the Seller, or persons through whom the Seller performs its obligations, access to the location where the defective Goods are situated.

4.15. The Buyer shall provide the Seller with all reasonable cooperation necessary for the assessment and remedy of defects.

4.16. If the Buyer fails to comply with any of the obligations set out in this Article of the Complaints Procedure, the Seller shall be entitled to reject the Buyer’s claim arising from the alleged defect.

5. UNJUSTIFIED CLAIMS

5.1. The warranty shall not apply to defects arising from:

a) normal wear and tear;

b) improper use or improper storage of the Goods;

c) improper intervention, installation, handling, or operation; for the purposes of this provision, improper intervention shall also include any marking or writing on the Goods using permanent writing instruments;

d) use, placement, or storage of the Goods in unsuitable conditions, particularly with respect to temperature, humidity, or dust exposure;

e) improper maintenance or failure to perform necessary maintenance of the Goods or of machines into which the Goods are installed;

f) force majeure events or improper or unprofessional handling;

g) acts or omissions of a third party or of the Buyer;

h) use of the Goods in a manner other than customary or in a manner inconsistent with their intended purpose;

i) damage caused directly by the Buyer; or

j) mechanical or chemical damage.

5.2. The Buyer undertakes to reimburse the Seller in full for all costs incurred by the Seller as a result of an unjustified Claim submitted by the Buyer.

5.3. In the event of a justified Claim, the Buyer shall be entitled to reimbursement of costs reasonably incurred in exercising rights arising from defects.

The Buyer shall bear the burden of proving that such costs were reasonably incurred.

The Buyer must claim reimbursement of such costs within one month after the expiry of the period within which the defect must be notified; otherwise, the right to reimbursement shall lapse.

6. TIME LIMITS FOR HANDLING CLAIMS

6.1. The Seller shall handle Claims without undue delay, but in any event no later than 30 days from the date on which the Buyer properly asserted the defect in the Goods, i.e. submitted the Claim in accordance with this Complaints Procedure.

The period for handling a Claim shall be calculated from the date the Claim is received by the Seller until the date the Claim is resolved by the Seller.

6.2. The validity of each Claim shall be assessed by a qualified and responsible employee of the Seller, who shall determine whether the Claim is justified or whether it should be rejected.

7. REFUSAL TO ACCEPT A CLAIM

7.1. The Seller shall be entitled to refuse acceptance of Goods submitted for a Claim if the Goods, their components, or accessories are excessively contaminated.

7.2. The Seller shall also be entitled to reject a Claim if the Goods are not submitted in compliance with applicable hygiene regulations and generally accepted hygiene standards.

8. RESOLUTION OF CLAIMS

8.1. Upon resolution of a Claim, the Seller shall inform the Buyer by e-mail sent to the Buyer’s E-mail Address.

8.2. If the Seller determines that the Claim is justified, a credit note, where applicable depending on the method of resolution, shall be made available for download in the “Documents” section of the User Account within the Online Store Interface.

Information regarding the method of resolution of the Claim, confirmation of any repair carried out, and the duration of the Claim handling process shall be sent to the Buyer by e-mail.

If the Claim is determined to be unjustified, the Buyer shall be informed by e-mail of the rejection of the Claim and the reasons for such rejection.

8.3. Where the Goods were originally delivered by a transport service, the Goods shall, after the Claim has been resolved, be returned to the delivery address specified in the Purchase Agreement.

8.4. If the Buyer fails to collect the Goods following a warranty repair within 4 (four) months after the date on which the warranty repair was completed, the Buyer shall be obliged to pay the Seller a storage fee of EUR 10 (ten euros) for each commenced day of delay in collecting the Goods.

9. FINAL PROVISIONS

9.1. This Complaints Procedure shall enter into force and effect on 1 May 2025. As of this date, all previous versions thereof shall cease to be valid.

9.2. The Seller reserves the right to amend this Complaints Procedure at any time.