GENERAL TERMS AND CONDITIONS

1.1. These General Terms and Conditions (hereinafter also referred to as "GTC") of the Seller regulate, in accordance with the provisions of § 1751 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a Purchase Contract concluded between the Seller within the Seller's business activity and another legal entity or natural person acting within their business activity or independent exercise of their profession (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the Seller on a website located at www.pilana.group, through a website interface (hereinafter referred to as the "Webshop Interface").

1.2. The Terms and Conditions apply only to cases where the person who intends to purchase goods from the Seller is a legal entity or a natural person acting within the scope of their business activity or within the scope of independent exercise of their profession when concluding the Purchase Contract. The Seller reserves the right to refuse to enter into a contract with a person who is not acting within their business activity or independent exercise of their profession when concluding the Purchase Contract.

1.3. Provisions deviating from the Terms and Conditions may be agreed on in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

1.4. The provisions of the Terms and Conditions are an integral part of every Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in Czech, English and German. A Purchase Contract can be concluded in Czech, English or German, according to the Buyer's settings in their user account on the Webshop Interface.

1.5. Annexes are an integral part of the GTC. By agreeing to these Terms and Conditions, the Buyer also agrees to all its annexes and confirms that they are duly acquainted with their contents.

1.6. In the event of a conflict between the GTC and the Claims Procedure, the GTC shall apply as far as the conflicting part is concerned.

1.7. The Seller may unilaterally change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising under the previous version of the Terms and Conditions.

1.8. The Seller is entitled to inform the Buyer, who has agreed to this in advance, about the latest news in the offer of the Webshop Interface by e-mail (so-called newsletter). Even without the Buyer's consent, the Seller is entitled to send the Buyer technical notices concerning, in particular, changes in the wording of the GTC and/or the Claims Procedure by e-mail. Moreover, the Seller is also entitled to send the Buyer so-called customer communications by e-mail, in compliance with and under the conditions specified in the provisions of § 7 paragraph 3 of Act No. 480/2004 Coll., on certain information society services.

2.1. The condition for submitting an order and for concluding a Purchase Contract is to register in the Webshop Interface. Acceptance of these GTC is a condition for registration.

2.2. Registration will be allowed only for Buyers who are registered for VAT, or under individually negotiated conditions. In order to negotiate these individual conditions, the Buyer is entitled to contact the Seller by e-mail at group‌‌M‌‌pilana.cz.

2.3. Access to the user account is secured with a username and password. The Buyer is obliged to maintain confidentiality in concern of the information necessary to access the Buyer's user account. The consequences of breaching this obligation, as well as allowing third parties to use the user account, shall be borne by the Buyer.

2.4. The Buyer acknowledges that their user account may not be available continuously in case downtime occurs, in particular due to necessary maintenance of the Seller's or third parties' hardware and software.

2.5. The Seller declares that the data provided by the Buyer in their user account and when ordering goods, as well as related data, are used only for identification purposes when making a purchase on the Seller's online store and will not be disclosed to third parties or otherwise misused.

Completing and submitting an order:

3.1. When ordering goods, the Buyer shall fill in an order form in the Seller’s Webshop Interface. The order form contains primarily information regarding:

a) ordered goods (the Buyer “inserts” the ordered goods into the electronic shopping cart on the Webshop Interface),

b) the method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods and the method of payment,

c) information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").

3.2. Prior to sending the Order to the Seller, the Buyer is given the option to check and change the data they have entered in the Order. The Buyer shall complete the Order by clicking the "SEND ORDER" button. The Seller shall deem the data provided in the Order correct and complete. Nevertheless, the Seller is always entitled to ask the Buyer for additional confirmation of the Order, particularly with regards to the nature of the Order. In the event that any of the information provided by the Buyer proves to be incorrect, the Buyer shall be obliged to compensate the Seller for the damage caused by this. All orders placed through the Webshop Interface are considered binding. By submitting an Order, the Buyer accepts without reservation all the provisions of the Terms and Conditions in the version valid on the date of submitting the Order, as well as current prices of the ordered goods, including the costs associated with the transport of the goods as indicated on the Webshop Interface.

Registration and confirmation of orders, conclusion of the Purchase Contract:

3.3. After the Seller receives the Order, they shall confirm this fact to the Buyer via automatic electronic mail marked as "order entry", delivered 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 entry does not lead to the conclusion of a Purchase Contract.

3.4. Upon receiving the Order, the Seller processes it in their internal system. The Seller then confirms or rejects the Order. The Seller confirms the Order by sending an e-mail marked as "order confirmation" to the Buyer's e-mail address. This concludes the Purchase Contract. The Seller rejects the Order by sending an e-mail marked as "order rejection", identifying the Buyer and the Order which is being rejected, to the Buyer's e-mail address. The Seller is not obligated to conclude a purchase agreement with respect to any of the goods that can be found on the Webshop Interface.

3.5. The Buyer acquires ownership of the goods only upon full payment of the purchase price and the costs associated with the packaging and delivery of the goods (hereinafter referred to as "freight"). 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. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls, etc.) shall be borne by the Buyer.

Specific types of orders:

3.8. The Buyer is entitled to create an Order even for goods that are unavailable (out of stock) at the time of creating the Order. In such a case, after the order has been sent, the Seller contacts the Buyer via e-mail or telephone and negotiates with them the terms of the contract for the unavailable goods. The order confirmation will not be sent to the Buyer until the conditions for the possibility of concluding a Purchase Contract for such goods have been agreed on by both parties.

3.9. In case the place of delivery of the goods is to be a country other than a member state of the European Union, Bosnia and Herzegovina or Switzerland, and at the same time the Buyer chooses transport through PILANA Group a.s. and their contractual partners according to Article 6.2 (a) of the GTC, the order confirmation will be, for operational reasons on the Seller's side, sent to the Buyer only after the Seller has inquired with their contractual transport partners about the options and conditions of transporting the goods to these countries and the Buyer has agreed to the conditions and costs of transport by e-mail.

4.1. The prices of the goods remain valid for the time they are displayed in the Webshop Interface. The price of the goods displayed on the Webshop Interface or in the order confirmation is inclusive of the cost of packaging, but does not include shipping (unless the circumstances indicate otherwise), value added tax ("VAT") or any other related charges.

4.2. The prices in the online shop are contractual, always up-to-date and valid except for obvious errors. The Seller reserves the right to change prices.

VAT and other fees:

4.3. Along with the purchase price, the Buyer is also obliged to pay the Seller the agreed-upon freight charges. Freight prices are determined by the price lists of the contractual partners.

4.4. In the event that the place of performance is the Czech Republic, the Buyer is obliged to pay the price of the goods increased by the current applicable VAT rate pursuant to Act No. 235/2004 Coll., on Value Added Tax (hereinafter referred to as "VAT Act") and related legislation.

4.5. In the event that the place of performance is a country of the European Union^[1] other than the Czech Republic (hereinafter referred to as "Member State"), the Buyer has their registered office in that Member State and is registered for value added tax there, the price of performance is exempt from VAT. The Buyer is then under an obligation to declare and pay VAT under the reverse charge regime.

4.6. In the event that the place of performance is a country other than a Member State (hereinafter referred to as a "third country"), the Buyer has their registered office in that third country and is registered for value added tax there, the price of performance is exempt from VAT. However, the Buyer is under an obligation to declare and pay VAT in their own country when crossing the national border in accordance with the legislation of that country.

4.7. The taxpayer is obliged to prove the exit of 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 goods outside the Czech Republic (e.g. local VAT, import duties, etc.) shall be borne exclusively by the Buyer and the Buyer is fully responsible for their payment and declaration to the relevant authorities where necessary.

4.9. The Seller is a VAT payer (they are registered for Value Added Tax).

Payment methods:

4.10. The Buyer can pay the price of the goods and the freight charges according to the Purchase Contract to the Seller in the following ways:

a) Payment in advance by bank transfer to the Seller's account. In this case, the Buyer is obliged to ensure that the entire purchase price, including transport and any other related costs, is credited to the bank account no later than 7 (seven) working days after receipt of the order confirmation. Otherwise, the Seller shall be entitled to cancel the Buyer's order with the effects of withdrawal from the contract, of which the Buyer shall be informed by e-mail sent to the Buyer’s e-mail address.

b) Debit card or credit card (MasterCard, Visa, Visa, Maestro, American Express, Apple Pay, Google Pay, Union Pay).

c) Payment by bank transfer to the Seller's bank account. The Seller reserves the right to allow this method of payment for the goods to verified Buyers with whom The Seller has cooperated in the past and whose payment morality they have verified, as well as to Buyers who have valid insurance with the Seller's export insurance company. In such cases, the Buyer shall ensure that the full purchase price, including freight and other costs, if any, is credited to the bank account no later than the due date of the goods.

Maturity of the purchase price and the time of payment

4.11. The maturity of the purchase price shall be indicated in the order confirmation and in the issued tax document.

4.12. The time of payment means the crediting of the relevant amount to the Seller's account under the relevant variable symbol communicated to the Buyer by the Seller in the order confirmation.

4.13. The Seller shall issue a tax document - invoice in electronic form to the Buyer in respect of payments made under the Purchase Contract, which shall be sent in PDF format to the Buyer's email address. A list of all issued invoices is also available on the Webshop Interface in the section "my profile - documents for download".

_{[1] A European Union country means the territory of a Member State of the European Union, excluding its territory not covered by the Treaty on European Union and the Treaty on the Functioning of the European Union.
[2] i.e.per decision of the customs office at which the exit of the goods from the territory of the European Union is confirmed for placing under the customs procedure for export, outward processing, external transit or re-export, or other means of proof}

5.1. Unless otherwise stated in the description of the ordered product, all goods in stock are dispatched (handed over for transport) no later than the 3rd (third) working day after the order confirmation is sent. The Seller shall be entitled to require the Buyer to pay the purchase price, including freight costs, via The Buyer’s user account in the Webshop Interface by marking "payment in advance" or via e-mail before the goods are dispatched (handed over for shipment). In this case, the goods will be dispatched (handed over for transport) no later than on the 3rd (third) working day after the payment of the purchase price and freight charges.

5.2. The Seller reserves the right to extend the dispatch period in the event that the goods are currently out of stock or other unforeseen events occur.

5.3. The Seller shall ship the goods together with the original shipping documents.

Packaging of goods:

5.4. Unless otherwise specified in the Webshop Interface or otherwise agreed by the parties, the Seller packs the goods in wooden fumigated crates and pallets, treats the goods with anticorrosive coating and wraps them in anticorrosive paper before placing them in the crates. The Seller does not follow this procedure in the case of planing knives, which are packed in plastic packaging instead of anticorrosive paper. The goods are typically marked with the Seller's logo and a serial number allowing identification of the goods.

6.1. The place of delivery of the goods is the address specified by the Buyer in the order form. By failing to do so, the Buyer agrees that the billing address specified shall be deemed the delivery address.

6.2. Unless otherwise stated in this or other sections of the Terms and Conditions, INCOTERMS 2020 shall apply to the dispatch, shipping and transport of the goods.

Delivery methods, repeat delivery and estimated delivery time:

6.3. Transportation and delivery of goods can be carried out in the following ways:

a) through PILANA Group a.s. and its contractual partners, or

b) by the Buyer's own transport.

6.4. In the event that, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or using a different method than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

6.5. The Seller undertakes to hand over the goods for transport as a consignment in packaging suitable for safe transport, taking into account the mode of transport (road transport, air transport, shipping).

6.6. In the case of transport and delivery of goods through PILANA Group a.s., the expected delivery time is:

a) 3 (three) working days from the date of dispatch of the goods in the case of delivery of goods in the Czech Republic,

b) 5-10 (five to ten) working days from the date of dispatch of the goods in the case of delivery to the European Union, Bosnia and Herzegovina, Montenegro, Iceland, Liechtenstein, Northern Macedonia, Moldova, Monaco, Norway, San Marino, Serbia, Switzerland and Turkey,

c) in the case of delivery of goods to other countries, the estimated delivery time will be specified by the Seller by e-mail sent to the Buyer's e-mail address or by telephone.

6.7. In the event that the Buyer chooses to carry out the transport and delivery of the goods by 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 is obliged to collect the goods within 10 (ten) calendar days from the date on which the message about the possibility of collecting the goods was sent. If the Buyer uses a means of transport to collect the goods, the Seller shall arrange for the goods to be loaded onto the means of transport, if the nature of the means of transport and the goods purchased so permit. In such a case, the risk of damage to the goods shall pass to the Buyer at the moment of collecting the goods.

Liability and claims in the context of transport:

6.8. The Seller is not responsible for damage to the products by the carrier or failure to meet the delivery deadline.

6.9. If the parcel is returned as undelivered for reasons on the Buyer's side, the Seller is entitled to claim compensation for the costs associated with delivery from the Buyer.

6.10. If the Buyer requests a reshipment, they are obliged to cover the new handling fee and freight charges.

6.11. The risk of damage to the goods shall pass to the Buyer at the moment of handing over the goods as a consignment for transport.

7.1. The Buyer is entitled to withdraw from the contract only if the GTC or the Claims Procedure allow them to do so, in the manner and under the conditions set out in the GTC and/or the Claims Procedure.

7.2. The Buyer is entitled to withdraw from the contract only for as long as the order status in the user account in the Webshop Interface indicates that the order is being processed ("order status: order is being processed"). The Buyer is obliged to withdraw from the contract in writing, by sending an e-mail to the Seller's e-mail address group‌‌M‌‌pilana.cz and at the same time to the e-mail address of the sales representative who has been assigned to the Buyer to process the order and whose contact details are provided in the order confirmation.

7.3. The Seller shall send a written confirmation of the withdrawal from the contract to the Buyer's electronic address, usually within 3 (three) working days. The effects of withdrawal from the contract shall take place at the moment of sending this confirmation to the Buyer.

7.4. If the withdrawal from the contract is not possible, the Seller sends a notice of this to the Buyer's e-mail address. A declaration of the Buyer's will by which the Buyer intended to withdraw from the Contract shall have no legal effect.

7.5. In the event that the order has already been paid for, the Seller shall refund the price paid for the goods to the Buyer within 14 (fourteen) working days from the effective date of withdrawal. If the Seller has already borne costs which they incurred in connection with the conclusion of the Purchase Contract and which cannot be refunded to the entity to which they were paid for objective reasons beyond the Seller's control, the Seller shall not be obliged to refund to the Buyer the amount corresponding to these additional costs. For the reimbursement of payments, the Seller shall use the same means of payment used by the Buyer for the initial transaction, unless otherwise agreed in the specific case.

8.1. The Claims Procedure governs the conditions and procedures in the event of a claim. The rights and obligations of the contracting parties concerning the rights arising from defective performance, which are described in more detail in the Claims Procedure, are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 of the Civil Code).

8.2. The Seller is not liable for defects in the goods, if the Buyer has received a shipment that was obviously damaged.

8.3. The Buyer shall inspect the product as soon as possible after receipt and verify its characteristics and quantity. The Buyer is obliged to point out any apparent defects that they could and should have discovered by inspecting the product and notify the Seller immediately, but no later than 10 (ten) working days from the date of receipt of the goods. Otherwise, the Buyer shall not be entitled to the rights from defective performance.

8.4. The Seller provides a warranty for the quality of the delivered goods for each product. The warranty period lasts for the period specified in the Seller's Claims Procedure, otherwise it is 24 months from the moment of receipt of the goods by the Buyer. The scope of the warranty and the conditions for making claims under the warranty are defined in the Seller's Claims Procedure, which forms an annexe and an integral part of these Terms and Conditions.

9.1. Any disputes between the Seller and the Buyer shall be resolved primarily amicably.

9.2. If an amicable solution is not possible, all disputes between the Buyer and the Seller shall be heard exclusively by a court in the Czech Republic with jurisdiction according to the Seller's registered office and the legal system of the Czech Republic, regardless of the place of delivery of the goods or the Buyer's registered office.

10.1. The Buyer's personal data, which are part of the Purchase Contract, are necessary for the performance of this contract (in particular, the processing of the order, the delivery of the ordered goods, the crediting of payment and the settlement of the Buyer's claim). The Seller processes the Buyer's personal data only to the extent necessary for the fulfilment of this purpose. The Seller processes the Buyer's personal data for the legal purpose of fulfilling the rights and obligations arising from the Purchase Contract or imposed on it by applicable law. The Seller shall process the personal data for the duration of the contractual relationship (until the expiry of the statutory claim period) and after the termination of the contractual relationship for the duration of the 3- year limitation period, when legal claims may still be made therefrom, extended by one calendar year. The above applies unless the applicable legislation provides for a longer retention period for personal data (e.g. Act No. 563/1991 Coll., on Accounting, Act No. 499/2004 Coll., on Archives and File Service, etc.). The Seller declares that the Buyer's personal data will be deleted after the purpose of their processing has ceased.

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 on the rights of Buyers as data subjects and on how the Seller processes, protects or transfers personal data to third parties is provided in the Privacy Policy, which forms an integral part of the GTC.

10.3. In the event that something the Privacy Policy stipulates differs from the GTC, the Privacy Policy shall apply as far as the conflicting part is concerned.

11.1. The Seller is entitled to unilaterally change these Terms and Conditions at any time. The amendment to the Terms and Conditions shall take effect on the 15th day after its publication on the Seller's website, unless newer Terms and Conditions provide for a later time.

11.2. Unless otherwise stipulated in the GTC or in the Claims Procedure, the rights and obligations of the contracting parties are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed exclusively by Czech law. The UN Convention on Contracts for the International Sale of goods (CISG) shall not apply.

11.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form.

11.4. Any changes to the Purchase Contract or the Terms and Conditions must be made in writing.

11.5. The Terms and Conditions come into force and effect on 01.05.2025.

Annexes hereto form an integral part of these General Terms and Conditions:

1. The Seller's Claims Procedure
2. Data protection policy

The Seller:

Business Company
PILANA Group a.s.
with registered office at Nádražní 804, 768 24 Hulín, Czech Republic
IČ: 04161076, DIČ: CZ04161076
The company is registered in the Commercial Register kept at the Regional Court in Brno, sec. B, file 7323

1. GENERAL PROVISIONS

1.1. This Claims 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 "goods") for which the rights of the Buyer are exercised within the period for exercising rights from defective performance (hereinafter referred to as "claims").

1.2. The Buyer is an entity that has entered into a contract for the purchase of goods with the Seller. The Buyer is a legal or natural person who acts within their business activity or within the independent exercise of their profession (hereinafter referred to as the "Buyer").

1.3. The Claims Procedure is an integral part of the General Terms and Conditions (hereinafter also referred to as "GTC"), as well as the contract for the purchase of goods concluded between the Seller and the Buyer.

1.4. The Claims Procedure regulates the process of asserting claims arising from the warranties for the quality of goods and from defects in the goods delivered by the Seller to the Buyer, as well as the mutual rights and obligations of the parties. The Claims Procedure shall govern the Seller's procedure in the event of liability under the warranty for the quality of the goods.

1.5. By concluding a Purchase Contract, the Buyer agrees to the General Terms and Conditions and this Claims Procedure and confirms that they are duly acquainted with them.

1.6. Claim shall mean the assertion of the Buyer's right of liability for defects in the goods, which is made by the Buyer to the Seller in writing or by e-mail and which includes the identification of the Buyer, the goods, a description of the defect and its manifestations.

2. THE BUYER’S OBLIGATION TO EXAMINE THE GOODS

2.1. The Buyer is obliged to carry out a thorough inspection of the goods, i.e. to inspect the goods, verify their characteristics and their quantity and check the completeness of their accessories.

2.2. The Buyer shall, if possible, inspect the product as soon as possible after receipt and assess its characteristics and quantity. The Buyer is obliged to point out any apparent defects that they could and should have discovered by inspecting the product and notify the Seller immediately, but no later than 10 (ten) working days from the date of receipt of the goods. Otherwise, the Buyer shall not be entitled to the rights from defective performance. The Buyer is obliged to notify the carrier of any damage to the packaging of the goods, the shipment of goods or the goods themselves, which is evident upon receipt from the carrier, and record their findings in the transport document or draw up a complaint report.

2.3. In the case of personal collection by the Buyer, as well as in the case of transport of goods by the Buyer's own transport, the Buyer is obliged to inspect the goods and their accessories upon receipt of the goods from the Seller, and if this is not possible due to the nature of the goods, then immediately after receipt of the goods. The Buyer is obliged to confirm receipt of the goods in writing to the Seller on the Seller's delivery note.

2.4. By accepting the goods, the Buyer confirms that they have not found any obvious damage to the goods and that the packaging has not been damaged. In the event of a subsequent claim for defects detectable during this inspection (e.g. missing accessories, external damage), the Buyer must prove clearly and convincingly that the goods were already defective at the time of receipt in order to make a successful claim.

3. DEFECT AND WARRANTY RIGHTS

3.1. Defects on receipt. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt by the Buyer, which means that:

a) the goods have the characteristics described by the Seller or expected by the Buyer in view of the nature of the goods,

b) the goods are fit for the purpose for which the Seller states they are to be used or for which items of that kind are typically used,

c) the goods are in the appropriate quantity, measure or weight,

d) the goods comply with the requirements of legal regulations,

e) the documents necessary for the use of the goods are complete and correct, and

f) the goods are free from legal defects within the meaning of § 1920 of the Civil Code.

3.2. The aforementioned liability for defects upon receipt of the goods shall not apply to goods sold at a lower price due to a defect for which the lower price was negotiated, to used goods due to a defect corresponding to the level of use or wear and tear that the goods had when taken over by the Buyer, or where the nature of the goods so requires.

3.3. The Seller further undertakes that the goods will be fit for the agreed-on or usual purpose and will retain their usual characteristics throughout the warranty period. Failure to comply with this obligation is a "warranty defect". If a warranty defect occurs on the goods during the warranty period, the Buyer is entitled to the rights under the warranty, on the conditions set out in this Complaints Procedure and, where applicable, in the GTC.

3.4. A warranty is granted to the Buyer only under the following conditions:

a) for the entire duration of the warranty period, the goods shall not be tampered with (e.g. via any modifications or repairs) by any person not expressly authorised to do so in advance by the Seller,

b) the Buyer will use the goods only in the usual manner and in accordance with their intended purpose, and at the same time

c) routine maintenance of the goods will be provided.

3.5. The warranty period is 24 months. The warranty period starts from the moment of receipt of the goods by the Buyer. If the goods have been shipped following the contract, the warranty period starts from the moment the product is delivered to its destination.

3.6. In particular, the warranty does not cover:

a) a defect for which a lower price was negotiated, in the case of an item sold at a lower price,

b) normal wear and tear caused by regular use.

3.7. The Buyer has no rights from defects if the defect was caused by the Buyer themselves or if the Buyer already knew that the item had a defect before taking it over.

3.8. The Buyer has no rights under the warranty if the defect in the goods was caused by an external event after the Buyer took over the goods or if the Buyer themselves caused the defect. The Buyer is also not entitled to warranty rights if they fail to uphold their duty to examine the integrity of the packaging of the goods, as it is assumed that the goods were delivered in perfect order and the physical damage occurred after the goods were properly handed over.

3.9. Claims arising from material defects: If the defective performance (defect on receipt) is a material breach of contract, the Buyer has the right:

a) for the defect to be remedied by supplying new goods without defect or by supplying missing goods or accessories,

b) for the defect to be remedied by repairing the goods,

c) for a reasonable discount on the purchase price, or

d) to withdraw from the contract.

3.10. Claims arising from immaterial defects: if the defective performance (defect on receipt) is an immaterial breach of contract, the Buyer is entitled to have the defect removed or to receive a reasonable discount on the purchase price.

3.11. Warranty defect claims: if a warranty defect that is covered by warranty according to this Claims Procedure occurs on the goods, the Buyer has:

a) in the case of a removable defect, the right to have the defect removed free of charge,

b) in the case that the defect is removable and the Buyer cannot use the product properly due to the recurrence of the defect after repair or due to a greater number of defects, the Buyer has the right to have a new product delivered or to have the affected parts replaced,

c) in the case of an irremovable defect, the right to have a new product without defects delivered; if the defect affects only a part of the product, the right to have the affected part(s) replaced. If appropriate to the nature of the defect, the Buyer may, in lieu of these rights, claim a reasonable discount on the purchase price,

d) the right to withdraw from the contract only if there is an irremovable defect due to which the goods cannot be properly used.

3.12. Failure to comply with any of the conditions set out in the preceding clause shall result in the termination of the warranty without compensation. In case of doubt, the Buyer shall be obliged to prove that they have used the goods in accordance with the conditions set out in the preceding clauses and that the warranty has not expired.

4. ASEERTION OF DEFECT AND WARRANTY CLAIMS

4.1. If the goods have defects upon receipt by the Buyer, the Buyer is entitled to the rights listed above in this Claims Procedure.

4.2. In order to successfully exercise the Buyer's rights, it is a prerequisite that the Buyer notifies the Seller of defects in the goods (claims the goods) in the manner and within the time limits specified in this Claims Procedure.

4.3. In the event of a claim, the Buyer is obliged to prove that the goods were purchased from the Seller by submitting the original tax document.

4.4. Notification formalities. Notification of a defect in the goods must be made in writing, whether in paper or electronic form, or via the Webshop Interface, and it must include, in particular, an identification of the goods (order identification, invoice for the goods issued, exact specification of the goods), the quantity of the goods claimed, a description of the defect, how the defect manifests itself and the required solution to the claim (hereinafter referred to as "written notification").

4.5. In the case of a claim made via the webshop interface, the Buyer claims the goods by filling in the same details in the relevant text box as in the case of a written notification and clicking on the "claim goods" button listed in the overview of all orders of the Buyer in the section "list of orders / inquiries". The Buyer will be informed about the progress of the claim and other decisive facts related to the claim by e-mail.

4.6. The Buyer may send a written notification pursuant to Article 4.4 of the Claims Procedure by e-mail to the Seller’s address or the address of the Seller’s representative indicated in the tax document or the order confirmation. The Buyer is also entitled to use their own form (claims form) for the written notification. However, the written notification must always contain the elements specified in Article 4.4 of the Claims Procedure. The Seller may not accept the claim as justified if the notification does not include the required information. The Buyer is obliged to provide the Seller, upon request, with additional information known to the Buyer.

4.7. The Buyer may also report any defects and make claims for those defects by contacting the Seller at:

PILANA Group a.s. Nádražní 804, 768 24 Hulín, Czech Republic E-mail: group‌‌M‌‌pilana.cz

4.8. Loss of certain entitlements. If, at the time of filing a claim, the Buyer does not disclose to the Seller which rights arising from the defect they have chosen, then the Buyer is only entitled to a reasonable discount on the purchase price unless the Seller deems it reasonable to remedy the defect.

4.9. Limitation of eligibility. The Buyer cannot withdraw from the contract or demand delivery of a new item if they are unable to return the original item in the same condition as they received it. This does not apply if the undesirable change in condition is caused by a defect in the goods which the Buyer has not demonstrably caused or contributed to causing.

4.10. Claims periods. The Buyer must notify the Seller of all defects - obvious, hidden, or warranty - within a time period without undue delay after the Buyer could have discovered them with timely inspection and sufficient care. Hidden defects that were present upon receipt of the goods may be claimed within 2 (two) years of receipt of the goods at the latest. Warranty defects may be claimed to the Seller no later than the end of the warranty period. Due to the nature of the goods, the Seller considers the deadline of "without undue delay" met if the notification is made within 5 (five) working days.

4.11. Untimely claim. If the Buyer does not notify the Seller about the defects in time, they lose the right to withdraw from the contract. If the Buyer does not notify the Seller about the defects on the item in time, the Seller may not recognize the claim as justified following § 2112 of the Civil Code.

4.12. If any defect appears on the goods, the Buyer is obliged to refrain from any interference with the goods and to allow the Seller to inspect them to assess the defect. For this purpose, the Buyer is obliged to present or make available the defective goods.

4.13. Sending the claimed goods. If the Buyer sends the goods to the Seller by a transport service, the Buyer should, in their own interest, pack the claimed goods in suitable and sufficiently protective packaging material that meets the requirements of the chosen transport method, so as not to damage them during transport. In the case of fragile goods, the Buyer should mark the consignment with the appropriate symbols. The shipment must contain the goods claimed (including complete accessories) and identification of both the claim and the claimant in an appropriate form. We recommend enclosing a copy of the notice of defects and a copy of the tax (sales) receipt with the Buyer's correct contact details.

4.14. In the event that the nature of the goods makes it impossible to present the goods to the Seller for inspection, the Buyer is obliged to allow the Seller, or persons through whom the Seller fulfils their obligations, access to the place where the defective goods are located.

4.15. The Buyer is obliged to provide the Seller with all necessary assistance in the removal of defects.

4.16. If the Buyer fails to fulfil their obligations set out in this section of the Claims Procedure, the Seller will not recognise the claim for defects.

5. UNJUSTIFIED CLAIM

5.1. The warranty does not cover defects resulting from:

a) normal wear and tear;

b) improper use or improper storage of goods;

c) unprofessional intervention, installation, handling or operation; unprofessional intervention shall also mean any marking of the goods with indelible writing instruments;

d) using, placing and storing the goods in unsuitable conditions, especially in terms of temperature, humidity or dustiness;

e) improper maintenance or neglect of necessary maintenance of the goods or the machinery in which the goods are installed;

f) due to force majeure or improper or unprofessional handling;

g) as a result of the conduct (an act or omission) of a third party or the Buyer;

h) as a result of the goods being used in a manner other than what is usual or contrary to their intended purpose;

i) caused by the purchaser itself,

j) caused by mechanical or chemical damage.

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

5.3. In the case of a justified claim, the Buyer is entitled to compensation for the costs reasonably incurred in exercising the rights from defects. The Buyer is obliged to prove that the costs incurred are reasonable. The Buyer is obliged to exercise the right to compensation for the costs reasonably incurred within one month after the expiry of the period within which the defect must be reported; otherwise, the buyer is not entitled to the right.

6. DEADLINES FOR THE HANDLING OF CLAIMS

6.1. The Seller shall handle the claims of goods without undue delay, but not exceeding 30 days from the date of proper remedy of defects in the goods by the Buyer, i.e. remedy of defects in the goods in accordance with this Claims Procedure. The time limit for the settlement of the claim is calculated from the date of receipt of the complaint by the Seller until the date of settlement of the complaint by the Seller.

6.2. The validity of each claim will be assessed by a responsible professional employed by the Seller, who will decide whether the claim is justified or whether it shall be rejected.

7. REFUSAL TO ACCEPT A CLAIM

7.1. The Seller is entitled to refuse to accept the goods for claims, if the goods, or their parts or accessories, are unreasonably dirty.

7.2. The Seller is also entitled to refuse a claim if the goods are not handed over in accordance with hygiene regulations and general hygiene principles.

8. HANDLING OF CLAIMS

8.1. After the claim has been handled, the Seller informs the Buyer about this via the Buyer's e-mail address.

8.2. In the event that the Seller finds the claim to be justified, a credit note will be, depending on the method of claims settlement, available for download in the "documents" section of the user account on the Webshop Interface. Information on the method of claim settlement, confirmation of the repair and the duration of the claim will be sent to the Buyer by e-mail. In the event that the claim is not found to be justified, the Buyer will be informed of the rejection and the reasons for such rejection by e-mail.

8.3. If the goods have been delivered by a shipping service, they will be sent to the place of delivery according to the Purchase Contract after the claim has been processed.

8.4. In the event of failure to collect the claimed goods from the warranty repair within 4 (four) months from the expiry of the period when the warranty repair was completed, the Buyer is obliged to pay the Seller a storage fee of 10 (ten) EUR for each day of delay in collecting the goods.

9. FINAL PROVISIONS

9.1. This Claims Procedure shall come into force on 01.05.2025. On this date, all previous versions of this Claims Procedure shall cease to be valid.

9.2. Amendments to the Claims Procedure are subject to change.