The rights and obligations of the contracting parties with respect to rights arising from defective performance shall be governed by the applicable general(in particular, the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).
The buyer is entitled to exercise the right to claim for defects that occur in the goods within the statutory period, i.e. twenty-four months from the date of acceptance.
The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time when the Buyer (1) the goods have the characteristics agreed between the parties and, in the absence of agreement, have such characteristics as the Seller or the manufacturer described or which the Buyer expected in view of the nature of the goods and on the basis of the advertising carried out by them, (2) the goods are fit for the purpose(2) the goods are fit for the purpose for which the Seller states they are to be used or for which goods of that kind are usually used (3) the goods are of the quality or workmanship agreedto the sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen, (4) the goods are of the appropriate quantity, measure or weight, and (5) the goods comply with the requirements of the law.
If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt.
The Buyer shall enforce its rights under the defective performance against the Seller. The moment of claim is considered to be the moment when the goods are delivered to the address specified by the Buyer. Unless otherwise stated, such place is the address of the sender of the goods, i.e. ORIGINAL GALLERY.
When exercising the right of defective performance, the Buyer is obliged to prove the conclusion of the purchase contract, the Buyer is obliged to reproach the Seller for the defect, i.e. to provide a description of the defect of the goods for which he is complaining.
The Buyer is not entitled to the right of defective performance if the Buyer knew before taking over the goods that the goods have a defect or if the Buyer caused the defect himself.
The Operator is obliged to inform the Buyer that the claim has been settled and in what manner, either at the address he provided when making the claim or by means of other contact information according to which the Buyer can be notified of the settlement of the claim. In this notification, the Operator shall indicate the deadline for collecting the claimed goods.
In the event that the Buyer fails to collect the claimed goods within the time limit set by the Operator, the Operator shall be entitled to charge a reasonable storage fee or to sell the goods on its own account to the Buyer. The Operator must give the Buyer prior notice of this procedure and a reasonable additional period of time to collect the goods.