Returns Policy

for the sale of goods through the online shop www.design-solution.cz

1. Introductory Provisions

1.1. This returns policy regulates the scope, conditions and method of exercising rights arising from defective performance of goods purchased through the online shop www.design-solution.cz.

1.2. Complaints are accepted by the customer service of the Design & Solution online shop, which handles communication with the customer and the administrative processing of complaints on behalf of the seller. Contact details for complaints are provided in Article 4 of this returns policy.

1.3. The provisions of this returns policy relating to consumers apply only if the buyer concludes the contract outside the scope of their business activities or independent professional practice. The rights of a buyer who is an entrepreneur are governed by the Civil Code, the purchase contract and the seller’s terms and conditions; consumer provisions, in particular the statutory 30-day complaint processing period, do not apply to entrepreneurs.

1.4. Matters not regulated by this returns policy are governed especially by Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended.

2. Seller’s Liability for Defects

2.1. The seller is liable to the consumer that the goods are free from defects upon receipt. In particular, the goods:

• comply with the agreed description, type, quantity, weight, quality and other agreed characteristics,
• are suitable for the purpose for which the buyer requires them and which the seller has agreed to,
• are supplied with the agreed accessories, packaging, instructions and other guidelines,
• are suitable for the purpose for which goods of that kind are usually used,
• correspond to the usual characteristics of goods of the same kind which the buyer can reasonably expect,
• correspond to the sample or model provided before the conclusion of the contract, taking into account the nature of hand-crafted decorative surfaces and usual manufacturing tolerances.

2.2. The buyer is not entitled to rights from defective performance if they caused the defect themselves. A defect does not include, in particular:

• normal wear and tear caused by usual use,
• damage caused by incorrect use, storage, transport after receipt, maintenance, or mechanical intervention by the buyer or a third party,
• damage caused by failure to comply with the technical data sheet, safety data sheet, application procedure, recommended system composition or conditions stated on the packaging,
• damage caused by freezing, overheating, contamination, inappropriate dilution, mixing with other materials, or use after the expiry of the indicated usability period or minimum shelf life,
• defect of the final surface caused by an unsuitable, insufficiently firm, damp, dirty or unstable substrate, unresolved cracks or movement joints, or defective application,
• appearance deviations caused exclusively by different lighting, screen settings, substrate structure, the tool used, or application technique, provided the delivered goods otherwise correspond to the agreed properties,
• minor shade or structural differences corresponding to the nature of the decorative material, hand-crafted sample or usual manufacturing tolerance, of which the buyer was duly informed in advance.

2.3. If the seller supplies only the material and does not perform its application, they are not liable for defects in work performed by the buyer or a third party. This does not affect the seller’s liability for defects of the supplied goods or the liability for specific binding instructions provided by the seller.

2.4. If the goods were sold at a discount due to a specific defect, the buyer has no rights arising from that specific defect. For used goods, wear corresponding to the extent of previous use is not considered a defect.

3. Time Limit for Notifying a Defect

3.1. The consumer may notify a defect that appears within two years from the date of goods receipt.

3.2. If the defect appears within one year from receipt, it is presumed that the goods were defective at the time of receipt, unless the nature of the goods or defect excludes this.

3.3. When purchasing used goods, the period according to Article 3.1. may be shortened by agreement to one year. Such shortening must be expressly agreed with the consumer and stated in the purchase document.

3.4. If the buyer correctly notifies a defect, the period under Article 3.1. is suspended for the duration during which the buyer cannot use the goods.

3.5. For goods with a marked minimum durability or usability period, the buyer is obliged to comply with storage and usage conditions stated on the packaging and in technical documentation. The expiry of this period alone does not limit statutory rights concerning defects existing upon receipt, but the seller is not liable for damage caused by use after that period or improper storage.

3.6. Statutory liability for defects is not a quality guarantee. A quality guarantee arises only if provided by the seller, manufacturer or another person by explicit declaration, warranty certificate, indication on the packaging or advertising.

4. Making a Complaint

4.1. Complaints can be made via the customer service of the Design & Solution online shop:

• by e-mail at eshop@design-solution.cz,
• in person or in writing at Střelice 727, 664 47 Střelice near Brno,
• at the seller's registered office or another of its premises where the acceptance of complaints is possible considering the sold assortment.

4.2. For a prompt assessment of the complaint, it is advisable to state especially:

• the buyer's full name and contact details,
• the order, invoice or other reference number enabling identification of the purchase,
• designation of the goods complained about, quantity and, if possible, production batch number,
• date of receipt and date when the defect was discovered,
• description of the defect and circumstances under which it appeared,
• the requested method of complaint resolution,
• photos, video, a copy of the technical documentation, leftover material or other evidence needed to assess the defect, if available.

4.3. The buyer must prove that the goods were purchased from the seller. It is not mandatory to present the original receipt or invoice if the purchase can be credibly proven by other means.

4.4. The buyer shall hand over or make the complained goods accessible to the seller to the extent necessary for defect assessment. The seller will take the goods for defect removal at their own cost. Specific transport or handover arrangements should be agreed with the seller in advance. Shipments sent cash on delivery may not be accepted.

4.5. If the goods are already applied, installed, or cannot be transported conventionally, the parties agree on an assessment through photographs, samples, video call, expert evaluation, or on-site inspection. The buyer will provide necessary cooperation to the seller.

4.6. After discovering a potential defect, the buyer should suspend further use of the goods if continued use could increase damage or hinder defect assessment. If possible, they should keep the packaging, batch marking and a reasonable quantity of unused material. Failure to follow this advice does not itself cause loss of statutory rights but may affect the ability to prove the cause of the defect.

4.7. Any visible damage to the shipment should be recorded in the carrier’s delivery protocol and reported to the seller without undue delay. Failure to record damage with the carrier does not in itself deprive the consumer of rights arising from defective performance.

5. Consumer Rights Arising from Defective Performance

5.1. If the goods have a defect, the consumer may demand its removal. At their choice, they may request repair of the goods or delivery of new defect-free goods unless the chosen method is impossible or disproportionately costly compared with the other method.

5.2. The seller may refuse defect removal if it is impossible or disproportionately costly, especially considering the defect’s significance and the value the goods would have without the defect.

5.3. The seller shall remove the defect within a reasonable time after it has been notified, free of charge and without causing significant inconvenience to the consumer, considering the nature of the goods and their intended purpose.

5.4. If defect removal requires disassembling an item that was mounted according to its nature and purpose before the defect appeared, the seller shall carry out the disassembly and reassembly of the repaired or new item, or reimburse the reasonably incurred costs related thereto, provided legal conditions are met.

5.5. The consumer may demand a reasonable discount on the purchase price or withdraw from the contract if:

• the seller refused to remove the defect or failed to remove it properly, free of charge and within a reasonable time,
• the defect reoccurs,
• the defect is a material breach of contract, or
• it is evident from the seller’s declaration or circumstances that the defect will not be removed within a reasonable time or without significant inconvenience for the consumer.

5.6. The consumer may not withdraw from the contract if the defect is minor. It is presumed that the defect is not minor; the opposite is proven by the seller.

5.7. If the consumer withdraws from the contract, the seller shall refund the purchase price without undue delay after receiving the goods or after the consumer proves their dispatch.

6. Complaint Handling for Consumers

6.1. Upon making a complaint, the seller shall issue the consumer a written confirmation stating the complaint date, its content, the requested method of resolution, and the consumer’s contact details for information about complaint handling.

6.2. Complaints, including defect removal, must be processed and the consumer informed no later than 30 days from the complaint date, unless a longer period is expressly agreed with the consumer. The period presupposes that the consumer provides cooperation necessary for defect assessment and removal.

6.3. If the period under Article 6.2 passes without result, the consumer may withdraw from the contract or demand a reasonable discount.

6.4. After complaint resolution, the seller shall issue the consumer a confirmation of the date and manner of handling the complaint, including confirmation of the repair and its duration or a written justification for complaint rejection.

6.5. If the consumer does not collect the repaired or replaced goods within a reasonable time after being notified that they are available for collection, the seller may charge the usual storage fee.

7. Special rules for construction and decorative materials

7.1. For complaints regarding microcement, primers, varnishes, sealers, pigments, and other construction or decorative materials, it is generally important for a professional assessment to provide the production batch, storage conditions, date the packaging was opened, method of preparation and application, system composition used, substrate condition, climatic conditions during application, and sufficient curing time of individual layers.

7.2. The information according to clause 7.1 is used to determine the cause of the defect. Failure to provide this information does not automatically mean a complaint will be rejected if the defect and its cause can be assessed by other reliable means.

7.3. Before a professional assessment, the buyer should not remove, cover, sand, or otherwise alter the complained surface unless this is necessary to prevent imminent damage or a safety risk. If intervention is necessary, the buyer should document the state of the surface before the intervention, if reasonably possible.

7.4. Colour visualisation on screen and photographs of completed works are indicative only. For a more accurate assessment of colour shade, a physical sample is recommended. However, even a physical sample cannot guarantee an identical appearance of the finished surface, as the final shade and texture are affected by the substrate, thickness and number of layers, application method, sanding, final protective layer, and lighting.

7.5. To minimise colour differences on a continuous surface, it is recommended to use material from the same production batch, check the colour before starting application, and thoroughly mix individual packages according to the technical procedure.

8. Costs of complaints and out-of-court dispute resolution

8.1. If the complaint is justified, the consumer is entitled to reimbursement of reasonably incurred costs related to asserting rights from defective performance. The right to reimbursement must be exercised without undue delay, at the latest within one month after the deadline for reporting the defect.

8.2. In case of dispute, the buyer may submit an independent expert report or expert opinion. If such an assessment confirms the justification of the complaint, the consumer may have the right to reimbursement of reasonable costs incurred in its preparation.

8.3. If a dispute arises between the seller and consumer from the purchase contract that cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court dispute resolution to the Czech Trade Inspection Authority, ADR department, e-mail: adr@coi.gov.cz, website: https://coi.gov.cz/informace-o-adr/.

8.4. A proposal to initiate out-of-court consumer dispute resolution may be submitted no later than one year from the day the consumer first asserted the right that is the subject of the dispute to the seller.

9. Legal information and effectiveness

9.1. The seller and contractual party to the purchase contract concluded via the online store www.design-solution.cz is Ecobeton Czech Republic s.r.o., with registered office at Dobrovského 675/4, Královo Pole, 612 00 Brno, Company ID: 06595189, VAT ID: CZ06595189, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 102863.

9.2. The online store interface and customer service are provided by Design & Solution s.r.o., with registered office at Zbraslavská 12/11, Malá Chuchle, 159 00 Prague 5, Company ID: 19727607. The seller referred to in clause 9.1. is responsible for rights arising from defective performance.

9.3. This complaints procedure enters into force on 18 July 2026 and replaces the previous version of the complaints procedure.

9.4. This complaints procedure does not limit consumer rights granted by mandatory provisions of legal regulations. If any provision of this complaints procedure conflicts with mandatory legal regulations, the legal regulation shall apply.