Complaints Procedure

This complaints procedure, as an integral part of the Terms and Conditions of the online store https://terrestudio.eu operated by the entrepreneur BitWorx s.r.o., Company ID (IČO): 23591897, registered office at Hrabyňská 45/6, Svinov, 721 00 Ostrava, Czech Republic, e-mail: terrestudio@bitworx.cz, governs, in accordance with the provisions of the Civil Code, the scope, manner and basic conditions for lodging complaints regarding defects in goods and for exercising claims under the guarantee of quality by the non-entrepreneur buyer. This complaints procedure expressly does not apply to the entrepreneur buyer. If the non-entrepreneur buyer is at the same time a consumer buyer, the provisions of Act No. 634/1992 Coll., on Consumer Protection, as amended, and Section 1811 et seq. of the Civil Code shall also apply.

The general regulation of the rights and obligations of the non-entrepreneur buyer set out below shall apply instead of the special regulation set out below only where the special regulation of the rights and obligations of the non-entrepreneur buyer does not govern a particular matter. In the case of a non-entrepreneur buyer, the special regulation set out below shall therefore apply preferentially when lodging a complaint.

The complaints procedure applies to complaints regarding defects that occur, during the warranty period, in goods delivered to the non-entrepreneur buyer, whether due to defective performance (typically defects upon receipt and within the 24-month warranty) or under the guarantee of quality (typically an extended warranty).

A complaint may be lodged, by prior agreement, at the entrepreneur's place of business or by post at the seller's address BitWorx s.r.o., Company ID (IČO): 23591897, registered office at Hrabyňská 45/6, Svinov, 721 00 Ostrava, Czech Republic, if possible together with handing over the defective goods to the seller, or by sending the goods to the seller's address.

It is advisable to attach to the goods being claimed a legible copy of the proof of purchase – an invoice, or the purchase must otherwise be proven, and further to describe the defect and, where applicable, to choose the method of settling the complaint.

An item is defective if it is not handed over to the buyer in the agreed quantity, quality and design. If quality and design have not been agreed, the seller performs in a quality and design suitable for the purpose apparent from the contract, otherwise for the usual purpose. Where quality or design is determined by reference to an agreed sample or model, the item must, in its quality or design, correspond to the sample or model. Performance of a different item is also considered a defect. Defects in the documents necessary for the use of the item are also considered a defect.

In the case of early performance, the seller may remedy defects until the time set for handing over the item. In exercising this right, the seller must not cause unreasonable inconvenience or expense. The buyer's right to compensation for damage is not thereby affected. The same applies to defects in documents.

The buyer has no rights arising from defective performance where the defect is one that the buyer must have recognised, with the exercise of ordinary attention, already upon conclusion of the contract. This does not apply where the seller expressly assured the buyer that the item was free of defects, or fraudulently concealed the defect.

The buyer shall inspect the item as soon as possible after the passing of the risk on the item and shall satisfy themselves as to its characteristics and quantity.

Where the defective performance constitutes a material breach of the contract, the buyer has the right

• a) to have the defect remedied by the delivery of a new item without defects or by the delivery of the missing item,
• b) to have the defect remedied by repair of the item,
• c) to a reasonable discount from the purchase price, or
• d) to withdraw from the contract.

The buyer shall inform the seller which right they have chosen when notifying the defect, or without undue delay after notifying the defect. The buyer may not change the choice made without the seller's consent; this does not apply where the buyer requested repair of a defect that turns out to be irreparable. If the seller does not remedy the defects within a reasonable period or notifies the buyer that they will not remedy the defects, the buyer may, instead of having the defect remedied, demand a reasonable discount from the purchase price, or may withdraw from the contract. If the buyer does not choose their right in time, they have the rights as in the case of a non-material breach of the contract.

Where the defective performance constitutes a non-material breach of the contract, the buyer has the right to have the defect remedied or to a reasonable discount from the price. Until the buyer exercises the right to a discount from the purchase price or withdraws from the contract, the seller may deliver what is missing or remedy the defect. Other defects may be remedied by the seller, at the seller's choice, by repairing the item or by delivering a new item; the choice must not cause the buyer unreasonable costs. If the seller does not remedy the defect of the item in time or refuses to remedy the defect of the item, the buyer may demand a discount from the purchase price, or may withdraw from the contract. The buyer may not change the choice made without the seller's consent.

Upon delivery of a new item, the buyer shall return to the seller, at the seller's expense, the item originally delivered.

The buyer cannot withdraw from the contract, nor demand the delivery of a new item, if they cannot return the item in the condition in which they received it. This does not apply,

• a) if the change in condition occurred as a result of an inspection carried out to detect the defect of the item,
• b) if the buyer used the item before the defect was discovered,
• c) if the buyer did not cause the impossibility of returning the item in its unchanged condition by act or omission, or
• d) if the buyer sold the item before the defect was discovered, consumed it, or altered the item during ordinary use; if this happened only in part, the buyer shall return to the seller what they can still return and shall give the seller compensation up to the amount by which they benefited from the use of the item.

If the buyer does not notify the defect of the item in time, they lose the right to withdraw from the contract.

If the buyer did not notify the defect without undue delay after they could have detected it upon a timely inspection and with sufficient care, the seller need not deny them the right arising from defective performance. In the case of a hidden defect, the same applies where the defect was not notified without undue delay after the buyer could have detected it with sufficient care, but no later than within two years after the item was handed over. The court shall take these effects into account only upon the seller's objection that the defect was not notified in time.

Where a guarantee of quality is provided, the warranty period runs from the handing over of the item to the buyer; if the item was dispatched under the contract, it runs from the arrival of the item at the place of destination.

The non-entrepreneur buyer has no right under the guarantee of quality if the defect was caused, after the passing of the risk of damage to the item to the non-entrepreneur buyer, by an external event. This does not apply if the defect was caused by the seller.

In the case of a justified complaint, the buyer has the right to reimbursement of the reasonably incurred costs associated with the complaint. If the buyer does not exercise the right to reimbursement within one month after the expiry of the period within which the defect must be pointed out, the court will not grant the right if the seller objects that the right to reimbursement was not exercised in time.

The right arising from defective performance does not exclude the right to compensation for damage; however, what can be achieved by exercising the right arising from defective performance cannot be claimed on another legal ground.

The seller is liable to the non-entrepreneur buyer that the item is free of defects upon receipt. In particular, the seller is liable to the non-entrepreneur buyer that, at the time the non-entrepreneur buyer took over the item,

• a) the item has the characteristics agreed by the parties and, in the absence of an agreement, such characteristics as the seller or the manufacturer described or as the non-entrepreneur buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
• b) the item is suitable for the purpose which the seller states for its use or for which an item of this kind is usually used,
• c) the item corresponds, in quality or design, to the agreed sample or model, if the quality or design was determined by reference to an agreed sample or model,
• d) the item is in the corresponding quantity, measure or weight, and
• e) the item complies with the requirements of legal regulations.

If a defect becomes apparent within twelve months of receipt, the item is deemed to have been defective already upon receipt.

If the nature of the purchase permits, the non-entrepreneur buyer has the right to have the item checked in their presence or to have its functions demonstrated.

If the item has a defect that does not prevent the item from being used for its intended purpose, it may be sold only at a price lower than the usual price of a defect-free item. The seller shall notify the non-entrepreneur buyer that the item has a defect and what defect is involved, unless this is already apparent from the nature of the sale.

If the non-entrepreneur buyer so requests, the seller shall confirm to them in writing the extent and the period for which the seller's obligations apply in the case of defective performance. The seller has obligations arising from defective performance at least to the extent that the manufacturer's obligations arising from defective performance apply. If necessary, the seller shall explain in the confirmation, in a comprehensible manner, the content, scope, conditions and duration of their liability and the manner in which the rights arising from it may be exercised. In the confirmation, the seller shall also state that the other rights of the non-entrepreneur buyer associated with the purchase of the item are not affected. Failure to comply with these obligations does not affect the validity of the confirmation. If the nature of the item does not prevent it, this confirmation may be replaced by a proof of purchase of the item containing the stated information.

The non-entrepreneur buyer is not entitled to exercise the right arising from a defect of the goods:

• a) in the case of an item sold at a lower price, for a defect for which the lower price was agreed,
• b) for wear and tear of the item caused by its ordinary use,
• c) in the case of a used item, for a defect corresponding to the degree of use or wear that the item had when taken over by the non-entrepreneur buyer, or
• d) if it follows from the nature of the item.

The warranty period may be shortened to half the statutory period when purchasing already used consumer goods.

If the item does not have the characteristics set out in Section III above of this complaints procedure, the non-entrepreneur buyer may also demand the delivery of a new item without defects, unless this is disproportionate with regard to the nature of the defect; however, if the defect concerns only a part of the item, the non-entrepreneur buyer may demand only the replacement of the part; if this is not possible, they may withdraw from the contract. If, however, this is disproportionate with regard to the nature of the defect, in particular where the defect can be remedied without undue delay, the non-entrepreneur buyer has the right to have the defect remedied free of charge.

The non-entrepreneur buyer has the right to the delivery of a new item, or to the replacement of a part, even in the case of a remediable defect, if they cannot properly use the item due to the recurrence of the defect after repair or due to a greater number of defects. In such a case, the non-entrepreneur buyer also has the right to withdraw from the contract.

If the non-entrepreneur buyer does not withdraw from the contract or does not exercise the right to the delivery of a new item without defects, to the replacement of a part thereof or to the repair of the item, they may demand a reasonable discount. The non-entrepreneur buyer has the right to a reasonable discount also where the seller cannot deliver a new item without defects, replace a part thereof or repair the item, as well as where the seller does not remedy the situation within a reasonable time or where remedying the situation would cause the consumer considerable difficulties.

The right arising from defective performance does not belong to the non-entrepreneur buyer if the non-entrepreneur buyer knew, before taking over the item, that the item had a defect, or if the non-entrepreneur buyer caused the defect themselves.

If the item has a defect for which the seller is liable, and it is an item sold at a lower price or a used item, the non-entrepreneur buyer has, instead of the right to replacement of the item, the right to a reasonable discount.

If the non-entrepreneur buyer exercises the right arising from defective performance, the other party shall confirm to them in writing when they exercised the right, as well as the manner of settling the complaint and its duration.

The seller shall issue to the consumer buyer a written confirmation of when the complaint was lodged, what its content is, and what method of settlement is requested; further, a confirmation of the date and manner of settling the complaint, including confirmation of the repair carried out and its duration, or, where applicable, a written justification for rejecting the complaint. Complaints are settled without undue delay, but no later than within 30 days of the date on which they were lodged, unless the seller and the consumer buyer agree on a longer period. The futile expiry of this period is considered a material breach of the contract. At the consumer buyer's request, the seller is obliged to issue to the consumer buyer a written confirmation of the obligations arising from defective performance to the extent laid down by law.

This complaints procedure enters into force on 1 September 2026.