These warranty conditions are published by  EU POWERSPORTS s.r.o., ID: 174 66 032, based in Plzeň, Na Roudné 393/9, ZIP 30100, Czech Republic, registered at the Regional Court in Plzen, Section C, insert 42648, (hereinafter referred to as "seller "), operating online system www.e-catalogue.all4atv.eu, to determine the assumptions, conditions, requirements and proceedings between the buyer and seller in the event that the Buyer discovers a legitimate reason to exercise rights and liability for defects in the product (hereinafter referred to as "product" or "goods"). 

This Complaints Procedure has been prepared within the meaning of § 612 and following of Act No. 40/1964 Coll., Civil Code, as amended, and the provisions of § 19 of Act No. 634/1992 Coll., Consumer Protection, as amended. Claim for goods purchased by the buyer, who is not a consumer shall be governed by the Act. No. 513/1991 Coll., the Commercial Code. In such case The seller is entitled to reasonably use this Complaints Procedure against the buyer, who is not the consumer.

2. DAMAGE PREVENTION 

Before first use of the product we strongly recommend you to read the Warranty conditions and User / Installation manual, and follow these instructions. Failing this, the buyer runs into risk of improper use / installation and damage of goods. For such damage the seller bears no liability. 

Throughout the use of purchased product it is essential that the buyer pays sufficient attention to the common rules for usage or use the productfor purposes the product is intended for. 

Another essential condition for maintaining good condition of the goods and its functionality is regular maintenance. Improper or inadequate maintenance significantly reduces the functionality and durability of the goods.

3. CONFLICT WITH THE CONTRACT OF SALE 

Except for products sold as used goods, the seller shall be liable for defects that occur in the form of conflict with the contract of sale during the warranty period after the buyer took over the product (warranty).

The seller is responsible to buyer that the sold product is in conformity with the contract of sale on receipt by the buyer, in particular that it is free of any defects. 'Conformity with the contract' means that the product has the quality and utility properties required under the contract signed by the seller, manufacturer, or the manufacturer's representative, or expected on the basis of advertising by the said parties, or that the sold product has the quality and utility properties usual for the type of product sold, that the sold product complies with the requirements of legal requirements, that it is of the corresponding quantity, measure, or weight, and conforms with the purpose which is stated by the vendor for the use of the product or for which the product is usually used.

In case the product is not, upon receipt by the buyer, in conformity with the contract of sale, it is a conflict with the contract (hereinafter referred to as 'conflict with the contract of sale'). If the product does not conform with the contract of sale  on takeover by the buyer, the buyer has the right to demand from the seller that the goods be brought, free of charge and without undue delay, to a state of conforming with the sales contract. The buyer may request that this be accomplished either by exchanging the goods or by having the goods repaired. If this is not possible, the buyer may demand an adequate discount from the price of the product or may withdraw from the contract. This does not apply if, prior to taking over the product, the buyer knew of the conflict with the contract of sale or himself caused the conflict with the contract of sale. 

Conflict with the contract of sale, which will take effect within six (6) months from the date of takeover of the product, shall be deemed to have already existed at the time of its reception, if it is not in conflict with the nature of the goods, or if it is not proven otherwise. This rule does not apply for a case when the buyer, before receiving the goods, knew about the breach of contract of sale or when conflict with the contract of sale has caused by himself. Regarding the cases that are in conflict with the nature of the goods, these include the changes in the characteristics of goods due to natural changes in the material or due to wear of goods. 

If the defect occurs after the expiration of the six months from the purchase of the product and if it is a repairable defect, the buyer has the right to have the defect properly corrected free of charge, without undue delay, by the seller. Unless it is unfeasible due to the nature of the defect, the buyer may request replacement of the product, or, where the complaint only relates to a defective component, the exchange of the component.

During the first six months, the buyer always has the option of having the product either exchanged or repaired without any other conditions stipulated by the law. In the following months, the buyer may demand having the product replaced only if this is not disproportionate considering the specific nature of the defect.

4. WARRANTY CONDITIONS  

If defect occurs on the product under warranty, the buyer has the right to complain about this defect.
Defect means a change of goods properties caused by the use of improper or poor material quality, inappropriate technology, inappropriatedesign or other manufacturer´s fault. 
As a defect cannot be considered such change  of the product (properties) occurring during the warranty period as a result of wear and tear, misuse, inadequate or improper maintenance including faults due to changes in natural materials from which the goods are produced as a result of any damage done by the buyer or a third party or unauthorized modification of the product or any other improper behaviour.

If the buyer applies his liability right for defects of sold goods in an orderly manner, the authorized person responsible for warranty shall decide on the complaint immediately. In complicated cases authorized person responsible for warranty shall decide within 5 bussiness days. This period, however, does not include time required for technical expertise of the defect. 

Complaint shall be considered as properly applied, if the complained product is submitted to warranty procedure complete and not in conflict with general principles of hygiene. The buyer is obliged to submit the claimed goods clean, free from all impurities and hygienically safe. The seller is entitled to refuse to accept the defective goods that will not meet the above general principles of hygiene. 

Claims, including the remedy of the defect, shall be resolved without undue delay within thirty (30) calendar days from the date of raising the claim. Authorized person responsible for warranty may in justified cases individually negotiate with the buyer extended warranty period. In case the complaint is not settled within thirty (30) calendar days or within individually agreed extended warranty period, the consumer has the same rights as with goods with irremovable defects. 

5. HOW TO SUBMIT A CLAIM 

The buyer may submit his/her complain by following methods: 

• in writing to the office of the seller on address: EU POWERSPORTS s.r.o.., Warranty department, Pilsen, Na Roudné 9, ZIP 301 00
• electronically to the email address: support@all4atv.eu
• buyer sends defective goods to the address: EU POWERSPORTS s.r.o., Warranty department, Pilsen, Na Roudné 9, ZIP 301 00

Proof of purchase of claimed goods presents the buyer by submitting purchasing invoice. Without submitting purchasing invoice can warrantyprocedure begin only if the buyer proves purchase by other credible way, respectively if the buyer proves that the claimed goods was purchasedthrough the online store www.e-catalogue.all4atv.eu.

Authorized person responsible for warranty is obliged to issue a written confirmation (complaint report) to the buyer stating the nature of the defect the buyer is complaining about, as well as the legal right that the buyer applies in his/her claim. The seller is obliged to issue a receipt to the consumer which must state: when the consumer exercised the right, what the complaint is about, what method of dealing with the complaint the consumer demands, and further it must confirm the planned date and manner of settling the claim, including a confirmation of the finished repair and its duration, or a written justification for rejecting the complaint. 

Once the buyer exercising any of the liability rights for defects such as right to chose a method of complaint settlement (remove defects or discount from the price of the Product), he/she is bound by this decision and cannot change it unless agreed otherwise with authorized person responsible for warranty.

The buyer may inquire about actual status of his complaint: 

• electronically to the email address: support@all4atv.eu
• by telephone to: +420 702 00 61 50

6. WARRANTY PROCEDURE 

The right to exercise a complaint must be aplied within the warranty period, without undue delay, and as soon as the defect appears, since delay in doing so and continued use of such goods can worsen the defect, damage the goods even more, and could be a reason for rejecting the claim. Warranty period is 24 months (if the warranty certificate or product detail on www.all4cfmoto.com does not state differently) and starts to run from the moment when the thing was taken over by the buyer. If product has special Warranty certificate, it´s issue date is date of sale. If product has no special warranty card, as warranty document serves Invoice.
 
The period from the exercise of the right from liability for damage until the moment the buyer is obliged to take over the product after its repair shall not be included in the warranty period. The vendor must give the buyer confirmation about the moment when the right was exercised and about the repair and its duration. If the result of the warranty procedure is exchange of claimed product, warranty period will begin to run again from the date of reception exchanged product by buyer. When replacing the defective component, the new warranty period for the replaced component shall begin to run. 

Warranty period should not be confused with the durability of the goods, i.e. the period of time during which - with proper use and proper maintenance - may such goods withstand.

7. REMOVABLE DEFECTS 

Removable defects are such defects that can be removed by repairing the goods without compromising the look, function and quality of the goods. 

If the defect can be removed, the buyer shall have the right to the free, timely, and due removing of the defect. The seller must remove the defect without undue delay. If, given the nature of the defect, it is not unreasonable, the buyer may demand the exchange of the product; if the defect concerns only a component of the product, the buyer may demand the exchange of the component. If this procedure is not possible, the buyer may demand an adequate discount from the price of the product or may withdraw from the contract.
 
In case of removable defects the buyer has the right to exchange goods or to withdraw from the contract if:

• the claim is not settled within thirty (30) calendar days from the date of submitting the claim and no other agreement was signed;
• there is a repeated occurrence of removable defects after repair or if multiple removable defects prevent the buyer from using the goods in standard way. 

The re-occurrence after repair means that the same defect, that was already twice repaired under warranty, occurs the third time, OR in a situation when three different removable defects occur at the same time, which cause the product to be useless. 

8. IRREMOVABLE DEFECTS 

The irremovable defect is such a defect that cannot be removed or its removal is not practical, taking into account all the relevant circumstances. 

In case of irremovable defects that prevent normal use of the product as if it was defect-free, the buyer has the right, in his/her sole discretion, either to have the product replaced or he/she can withdraw from the sales contract. 

The same rights as described above has the buyer when the same defect, that was already twice repaired under warranty, occurs the third time, or when three different removable defects occur at the same time, which cause the product to be useless. 

If irremovable defects occur in the product, that do not prevent the effective use of the product then, in addition to the buyer’s right of having the product exchanged or withdrawing from the sales contract, the buyer is entitled to an appropriate discount from the price of the product.

9. PRODUCTS SOLD FOR REDUCED PRICE, SALE, CLEARANCE 

Products having defects that do not impede use of the goods for the specified purpose must only be sold for lower prices than is the usual price of a defect-free product. The buyer must be informed of the fact that the product has a defect and of the nature of the defect, unless it is obvious from the nature of the sale. 

In case of things sold for a lower price, the seller is not liable for the defect due to that the lower price was agreed on. If with product sold at a reduced price occurs hidden defect that prevents effective use of product, the buyer may exercise claims of liability for defects in accordance with chapter III. conflict with the contract of sale.
 
If the price of the product was reduced due to clearance or season sale, and the product is otherwise defect-free, the seller is liable for such product as it would be new product. 

These warranty conditions shall take effect from:

21.9.2022

EU POWERSPORTS s.r.o.