Refund Policy

Article 1
Introductory provisions
The Buyer's rights arising from defective performance (hereinafter referred to as "claims") must always be exercised in accordance with these Claims Procedure. Matters not regulated by these Complaint Rules shall be governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection, as amended.

This information is valid exclusively for persons concluding a purchase contract with the seller in the capacity of a consumer within the meaning of Section 419 of the Civil Code, i.e. as a person (natural person) acting outside the scope of his business activity or outside the scope of his independent exercise of his profession.

The buyer is not entitled to the right of defective performance if the defect was caused by the buyer and the defect is not the wear and tear of the item caused by its normal use or, in the case of a used item, the wear and tear of the extent of its previous use.

Article 2
Exercise of the claim
The Buyer has the right to lodge a claim with the Seller at any of its establishments listed above where the acceptance of the claim is possible in view of the range of goods sold. Unless otherwise agreed and the Buyer sends the claimed goods by post, he must do so to the address of Nuka Trade s.r.o., Chaloupky 29, Zlín - Louky,PSČ: 76302

It is also possible to make a complaint online, by filling in the complaint form on the website in a contact section and choosing refund in a form

The Seller ensures the presence of an employee authorized to receive complaints during all operating hours.

Complaints may also be filed with the person designated in the confirmation issued by the Seller to the Buyer, on the receipt or in the warranty card, if the designated person is at the Seller's location or at a location closer to the Buyer.

The buyer is obliged to prove that he is entitled to make a claim, in particular to prove the date of purchase, either by presenting a sales receipt, a confirmation of the seller's obligations under the defective performance of the warranty certificate, or in any other credible way.

If the exercise of the right of recourse to defects is likely to cause considerable difficulties for the consumer, in particular because it is not possible to transport the item to the place of claim in the usual way, the seller shall assess the defect in agreement with the buyer either on the spot or in another way. In such a case, the buyer is obliged to provide the seller with the necessary assistance.

The Seller is obliged to issue a written confirmation to the Buyer when the claim is made, stating the date on which the Buyer made the claim, what the content of the claim is, and what method of handling the claim the consumer requires and the contact details of the Buyer for the purpose of providing information on the handling of the claim.

Article 3
Time limit for exercising rights
The buyer may complain about a defect that becomes apparent in the goods within a period of two years from the date of receipt of the goods. In the case of second-hand goods, the time limit for exercising rights on the basis of defective performance may be reduced to one year. The seller shall indicate such a reduction of the time limit in the certificate of defective performance obligations or on the sales document or in the purchase contract.

The buyer shall exercise his rights under defective performance without undue delay after he discovers that the goods are defective The seller shall not be liable for any increase in the extent of the damage if the buyer uses the goods although he is aware of the defect. If the buyer asserts the defect against the seller rightfully, the time limit for asserting the rights of defective performance does not run for the period during which the goods are under repair and the buyer cannot use them.

The time limit for exercising rights under the defect cannot be regarded as determining the life of the goods, which varies with regard to the characteristics of the product, its maintenance and the correctness and intensity of use or the agreement between the buyer and the seller.

Article 4
Handling of claims
The complaint, including the rectification of the defect, must be settled and the consumer must be informed thereof within 30 days of the date of the complaint, unless the seller and the consumer agree on a longer period. If the subject of the obligation is the provision of digital content, including digital content delivered on a tangible medium, or a digital content service, the complaint must be settled within a reasonable time, taking into account the nature of the digital content or digital content service and the purpose for which the consumer requested it.

After the expiry of the time limit referred to in the preceding paragraph, the consumer may withdraw from the contract or claim a reasonable discount.

The seller shall provide the consumer with a confirmation of the date and manner in which the complaint has been dealt with, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated to carry out the repair.

The buyer is not entitled to change the method of handling the complaint once chosen without the seller's consent, except in situations where the chosen method of handling cannot be implemented at all or in time.

The Buyer is obliged to take possession of the claimed goods within 30 days from the date on which the Seller has notified him of the possibility of taking possession of the goods. After this time, the seller is entitled to charge a reasonable storage fee. If the parties do not agree on the amount, the usual amount shall apply.

The buyer's claim shall be rejected if he claims a defect which has been complained of in the past and for which a reasonable discount on the purchase price has been granted.

Article 5
Quality on acceptance
The Seller declares that he delivers the goods to the Buyer in accordance with 2161 of the Civil Code, i.e.:
the goods correspond to the agreed description, type and quantity as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
the goods are suitable for the purpose for which the buyer requires them and to which the seller has agreed,

the goods are supplied with the agreed accessories and instructions for use, including instructions for assembly or installation.

The seller is liable to the buyer that, in addition to the agreed features:
the goods are fit for the purpose for which a thing of this kind is normally used, having regard to the rights of third parties, legislation, technical standards or codes of practice of the industry, if there are no technical standards,

the goods correspond in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind which the buyer may reasonably expect, including in the light of public statements made by the seller or by another person in the same contractual chain, in particular by advertising or labelling,

the goods are supplied with such accessories, including packaging, assembly instructions and other instructions for use, as the buyer may reasonably expect,

the goods correspond in quality or workmanship to the agreed sample or specimen provided by the seller to the buyer before the conclusion of the contract.

The Seller shall also be liable to the Buyer for any defect caused by incorrect assembly or installation carried out by or under the responsibility of the Seller in accordance with the Contract. This also applies if the assembly or installation was carried out by the buyer and the defect is due to a deficiency in the instructions provided by the seller or by the provider of the digital content or digital content service, if the item has digital characteristics.
In the event that the goods do not comply with the above requirements upon receipt by the buyer, i.e. they have a defect, the buyer may demand their removal. The buyer may, at his option, demand delivery of a new item without defect or repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other. This shall be assessed in particular with regard to the significance of the defect, the value that the item would have had without the defect and whether the defect can be removed by the second method without significant inconvenience to the buyer.
The buyer may demand a reasonable discount or withdraw from the contract if:
the seller has refused or failed to remedy the defect in accordance with the law,

the defect appears repeatedly,

the defect is a material breach of contract,

or it is apparent from the seller's statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial hardship to the buyer.

If the buyer withdraws from the contract, the seller shall refund the purchase price to the buyer without undue delay after he has received the item or after the buyer has proved to him that he has dispatched the item.
If the defect manifests itself within one year of receipt, the item shall be deemed to have been defective upon receipt, unless the nature of the item or the defect precludes this. This period shall not run for the time during which the buyer cannot use the goods if he has rightly complained of the defect.

Article 6
Guarantee of quality
If the seller has provided a guarantee of quality in excess of his legal obligations, its application shall be governed by these Complaints Regulations, unless the confirmation of the seller's obligations arising from defective performance, the guarantee certificate or the contract provides otherwise.

Article 7
Claim costs and dispute resolution
If the claim is found to be justified, the buyer is entitled to reimbursement of the costs reasonably incurred in exercising his right.
If the Seller rejects the claim as unjustified, the Buyer, or both parties in agreement with the Seller, may contact a forensic expert in the field and request an independent expert assessment.
A buyer who is a consumer has the right to an out-of-court settlement of a dispute arising from a consumer contract if the performance takes place in the Czech Republic; in other cases only if the performance is related to a business activity carried out in the Czech Republic. The entity authorised to carry out out-of-court dispute resolution is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No: 000 20 869, Internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract. Further information is available on the coi.cz website.
Out-of-court dispute resolution pursuant to 3 shall be initiated exclusively at the consumer's request. The proposal may be submitted no later than within 1 year from the date on which the consumer exercised his/her right, which is the subject of the dispute, with the seller for the first time.

This Complaints Procedure is effective from 6 January 2023