Complaints Procedure
Orbitel s.r.o., Company ID No. (IČO) 23114070, VAT ID No. (DIČ) CZ23114070, with its registered office at Němčice 18, 561 18 Němčice, registered in the Commercial Register kept by the Regional Court in Hradec Králové, file no. C 54487 (the "Seller"), issues this Complaints Procedure for goods purchased in the online shop www.orbitel.cz.
1. Introductory Provisions
This Complaints Procedure governs rights arising from defective performance and the procedure for exercising them. Rights and obligations not governed by this Complaints Procedure are governed by Act No. 89/2012 Coll., the Czech Civil Code (zákon č. 89/2012 Sb., občanský zákoník), and Act No. 634/1992 Coll., on Consumer Protection (zákon č. 634/1992 Sb., o ochraně spotřebitele).
This Complaints Procedure applies to buyers who are consumers. If the buyer is an entrepreneur acting within the scope of their business activity, the rights arising from defective performance are governed by the relevant provisions of the Civil Code on purchase.
2. Quality upon Receipt
The Seller is liable to the buyer for the goods being free from defects upon receipt — in particular that they correspond to the agreed description, kind and quantity, are fit for the purpose for which goods of this kind are usually used, and are delivered with the usual accessories.
The buyer may give notice of a defect that becomes apparent in the goods within two years of receipt. If a defect becomes apparent within one year of receipt, the goods are presumed to have been defective upon receipt, unless the Seller proves otherwise.
3. What We Do Not Consider a Defect
The buyer is not entitled to a right arising from defective performance in particular where:
- the buyer caused the defect themselves — by mechanical damage, dropping, liquid ingress, overvoltage, unprofessional handling or interference;
- it is normal wear and tear of the goods caused by their ordinary use;
- it is a reduction in battery capacity caused by normal use — the battery is a consumable part whose capacity naturally decreases over time;
- the goods were repaired outside an authorised service centre, or an unauthorised interference was made with the device or its software;
- the defect arose from the use of unsuitable or non-original accessories;
- the buyer knew of the defect before taking delivery of the goods, or was granted a discount on the purchase price precisely because of that defect.
4. Rights Arising from Defective Performance
If the goods have a defect, the buyer may request its removal. At their choice, the buyer may request delivery of new goods without the defect or repair of the goods, unless the chosen method is impossible or disproportionately costly in comparison with the other.
The buyer may request 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 within a reasonable time;
- the defect manifests itself repeatedly;
- the defect constitutes a material breach of the contract;
- it is apparent from the Seller's statement that the defect will not be removed within a reasonable time.
Withdrawal from the contract is not possible where the defect in the goods is insignificant.
5. Lodging a Complaint
Lodge your complaint via the online form on the Complaints and returns page, or by e-mail to reklamace@orbitel.cz or by telephone on +420 778 080 209.
Send the goods complained of to the following address:
Orbitel s.r.o.
Smetanovo náměstí 79
570 01 Litomyšl
Czech Republic
The Seller does not accept consignments sent cash on delivery. Include in the consignment the case number that you will receive by e-mail after submitting the form.
The buyer is obliged to hand over the goods for the complaint complete and in such a condition that the defect can be assessed. In particular, it is necessary to:
- back up all data — the Seller is not liable for its loss during repair, replacement or restoring the device to factory settings;
- sign out of user accounts on the device (e.g. Google, Apple ID) and deactivate screen locks. A device that cannot be unlocked cannot be diagnosed or repaired, and the complaint cannot be settled.
6. Settlement of the Complaint
The Seller will issue the buyer with a confirmation of the lodging of the complaint stating the date of lodging, the content of the complaint and the requested method of settlement.
The Seller will settle the complaint no later than 30 days from the date it was lodged, including removal of the defect, unless the Seller agrees a longer period with the buyer. If this period expires to no effect, this is considered a material breach of the contract and the buyer is entitled to withdraw from the contract or to request a reasonable discount.
The Seller will inform the buyer of the settlement of the complaint by e-mail and will issue them with a confirmation of the date and method of settlement of the complaint, or a written justification of the rejection of the complaint.
If the complaint is accepted as justified, the buyer has the right to reimbursement of the costs reasonably incurred in lodging the complaint.
7. Buyers from Slovakia, Poland and Hungary
The Seller also delivers goods to Slovakia, Poland and Hungary. This Complaints Procedure applies to these buyers to the same extent, whereby:
- the periods for withdrawal from the contract and for giving notice of a defect are the same throughout the European Union — 14 days for withdrawal from a contract concluded at a distance and 2 years for liability for defects;
- goods complained of and returned goods are always sent to the Seller's address in the Czech Republic stated in Article 5, at the buyer's expense;
- a complaint may be lodged in Czech, Slovak, Polish, Hungarian or English;
- this Complaints Procedure is without prejudice to the protection afforded to the buyer by the mandatory provisions of the law of the state of their habitual residence.
8. Out-of-Court Resolution of Consumer Disputes
The body competent for the out-of-court resolution of consumer disputes arising from the purchase contract is the Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Gorazdova 1969/24, 120 00 Praha 2, website www.coi.cz; a petition may be filed at adr.coi.cz.
Buyers from Slovakia, Poland and Hungary may contact the European Consumer Centre in their own country, which assists with cross-border disputes within the EU. The European Consumer Centre Czech Republic (Evropské spotřebitelské centrum Česká republika) has its registered office at Štěpánská 44, 110 00 Praha 1, www.evropskyspotrebitel.cz.
9. Final Provisions
This Complaints Procedure takes effect on 28 August 2026.
