We always strive to deliver quality, faultless goods, however, despite our best efforts, you may need to return the goods you have purchased. In such a case, we handle all claims promptly and resolve everything as quickly as possible so that you do not have to wait longer than necessary (usually everything is resolved within a few days).
HOW DO I PROCEED WITH A COMPLAINT?
Download the Claim Form and fill it in.
Send the goods to be claimed together with the completed claim form to our address:
Na Zlaté stoce 1862/9d
370 05 České Budějovice 2
Czech Republic, tel.: +420 721 003 003
When you submit a claim, we will issue a written confirmation stating the date on which the consumer submitted the claim, what is its content, what method of claim settlement the consumer requires and the consumer's contact details for the purpose of providing information on claim settlement.
We will decide on the complaint without delay. It will not take more than 30 days to settle the complaint, including the rectification of the defect. Otherwise, you are entitled to withdraw from the purchase contract or to demand a reasonable discount. In order to comply with this time limit, it is essential that you provide the necessary cooperation.
When we settle your claim, we will issue you with a confirmation of the date and method of settlement of the claim, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of the claim.
DETAILED INFORMATION ON COMPLAINTS
Claims are governed by our Terms and Conditions, for ease of reference we set out the most important information below.
We will be liable for any defects in the goods on delivery which become apparent within the next 24 months. However, we are not liable for any new defects, especially if they have arisen from improper use. For second-hand goods, we are not liable for defects corresponding to the level of use or wear and tear that the second-hand goods had when they were received by you. In the case of goods with an expiry date, we are also liable for the fact that the goods will be fit for use for that period.
The buyer is not entitled to the right of defective performance if he himself caused the defect. A defect is not wear and tear caused by normal use or, in the case of a used item, wear and tear corresponding to the extent of its previous use. If the item is defective, the buyer may demand its removal. He may, at his option, require the delivery of a new item without defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared with the other method; this shall be assessed in particular in the light of the significance of the defect, the value which the item would have had without the defect and whether the defect can be removed by the other method without considerable difficulty for the buyer. The seller may refuse to remedy the defect if it is impossible or disproportionately costly to do so, having regard in particular to the significance of the defect and the value which the thing would have had without the defect. The seller shall remedy the defect within a reasonable time after it has been pointed out so as not to cause the buyer considerable inconvenience, taking into account the nature of the item and the purpose for which the buyer bought the item. The seller shall take over the item at his own expense to remove the defect. If this requires the dismantling of the item, the assembly of which was carried out in accordance with the nature and purpose of the item before the defect became apparent, the seller shall dismantle the defective item and assemble a repaired or new item or pay the costs thereof. If the buyer does not take possession of the item within a reasonable time after the seller has informed him of the possibility to take possession of the item after repair, Section 2159(3) shall apply mutatis mutandis (Civil Code No. 89/2012 Coll.).
The buyer may demand a reasonable discount or withdraw from the contract if
a) the seller has refused to remedy the defect or has not remedied it in accordance with Section 2170(1) and (2) (Civil Code No. 89/2012 Coll.),
b) the defect is repeatedly manifested,
(c) the defect is a material breach of contract, or
(d) it is evident from the seller's declaration or from the circumstances that the defect will not be remedied within a reasonable time or without considerable difficulty for the buyer.
The reasonable discount is determined as the difference between the value of the item without defect and the defective item received by the buyer. The buyer may not withdraw from the contract if the defect is insignificant; the defect shall be deemed not to be insignificant. 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. Until the seller has fulfilled his obligations under the defective performance, the buyer does not have to pay the outstanding purchase price or any part thereof.
If the defect was caused by the act or omission of another person in the same contractual chain, the final seller is entitled to compensation from the person who, in the course of his or her business, sold the item to him or her or who was obliged to provide the digital content or digital content service, including updates thereof. The compensation shall be equal to the costs reasonably incurred by the final seller in seeking redress. The right to compensation shall not arise if the final seller knew of the defect of the item at the time of its receipt or if the item was not intended to be placed on the market for consumers. An agreement which excludes or limits the final seller's right to compensation in advance shall be disregarded.
If the consumer has failed to specify the manner in which he wishes the complaint to be settled when complaining about the defect, the seller shall, as part of his information obligation, inform him accordingly.
Please note that increased sensitivity or an allergic reaction to the goods delivered cannot be considered a defect in itself. Similarly, defects in gifts and other gratuitous services provided by us over and above your order cannot be considered a defect in the goods. The pictures of the goods in our online shop are for illustrative purposes only and do not constitute a binding representation of the characteristics of the goods (the packaging of the goods may, for example, differ due to a change in packaging by the manufacturer).
The buyer may complain about a defect that appears on the item within two years of receipt. If the object of the purchase is an item with digital characteristics and if the digital content or digital content service is to be provided continuously for a certain period of time under the contract, the buyer may complain of a defect which appears or manifests itself in the digital content within two years of receipt. If the performance is to be carried out for a period longer than two years, the purchaser shall have the right to claim a defect which appears or manifests itself within that period. The court shall also grant the right in respect of a defect if it was not discovered without undue delay after the purchaser could have discovered it with reasonable diligence. If the buyer has rightfully pointed out the defect to the seller, the period under paragraphs 1 and 2 of Section 2165 (Civil Code No. 89/2012 Coll.) shall not run for the period during which the buyer cannot use the item.
The seller shall also be liable to the buyer for a defect caused by incorrect assembly or installation which was 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.
The seller shall be liable to the buyer that the item is free from defects on receipt. In particular, the seller is liable to the buyer that the item
(a) corresponds to the agreed description, type and quantity as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
(b) it is fit for the purpose for which the buyer requires it and to which the seller has agreed; and
(c) is supplied with the agreed accessories and instructions for use, including instructions for assembly or installation.
Paragraph 2 of Section 2161 (Civil Code No. 89/2012 Coll.):
The seller shall be liable to the buyer that, in addition to the agreed characteristics
(a) the item is suitable for the purpose for which an item of this kind is usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the sector, if there are no technical standards,
(b) the thing corresponds in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of things of the same kind which the buyer can reasonably expect, including in the light of public statements made by the seller or by another person in the same contractual chain, in particular advertising or labelling,
(c) the item is supplied with such accessories, including packaging, assembly instructions and other instructions for use, as the buyer may reasonably expect; and
(d) the item corresponds in quality or workmanship to the sample or specimen provided by the seller to the buyer before the conclusion of the contract.
Paragraph 3 of Section 2161 (Civil Code No 89/2012 Coll.) The seller shall not be bound by the public statement referred to in paragraph 2(b) if he proves that he was not aware of it or that it was modified at the time of the conclusion of the contract in at least a comparable manner to that in which it was made or that it could not have influenced the purchase decision.
Paragraph 4 of Section 2161 (Civil Code No. 89/2012 Coll.) Paragraph 2 shall not apply if the seller has specifically warned the buyer prior to the conclusion of the contract that a certain characteristic of the object differs and the buyer expressly agreed to this when concluding the contract.
If the item does not have the characteristics set out in Section 2161 (Civil Code No. 89/2012 Coll.), the buyer may also demand the delivery of a new item without defects, unless this is disproportionate in view of the nature of the defect, but if the defect concerns only a part of the item, the buyer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer shall be entitled to have the defect remedied free of charge.
The buyer is also entitled to the delivery of a new item or the replacement of a part in the case of a removable defect if he cannot use the item properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the contract.
If the buyer does not withdraw from the contract or does not exercise the right to have a new item delivered without defects, to have a part of the item replaced or to have the item repaired, he may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller is unable to supply a new item free of defects, replace a part of the item or repair the item, and if the seller fails to remedy the defect within a reasonable time or if the remedy would cause the consumer considerable difficulty.
If the defect manifests itself within one year of receipt, the goods shall be deemed to have been defective at the time of receipt, unless the nature of the goods or the defect precludes this. This period shall not run during the period during which the buyer cannot use the goods if he has rightly complained of the defect.
The defect can be blamed on the seller from whom the item was purchased. If the parties agree before the buyer has complained about the defect that his rights are limited or extinguished, this shall not be taken into account.
The complaint, including the rectification of the defect, shall be settled and the consumer shall be informed thereof within 30 days of the date of the complaint, unless the seller and the consumer agree on a longer period of time, otherwise the consumer may withdraw from the contract or demand a reasonable discount.
Except in cases where another person is designated to carry out the repair, the seller is obliged to accept the complaint at any establishment where the acceptance of the complaint is possible with regard to the range of products sold or services provided, or even at its registered office. A complaint handler must be present at the premises at all times during business hours. The seller must issue the consumer with a written confirmation when the complaint is made, stating the date on which the consumer made the complaint, what the content of the complaint is, the method of handling the complaint requested by the consumer and the consumer's contact details for the purpose of providing information on the handling of the complaint. This obligation shall also apply to other persons designated to carry out the repair. The complaint, including the rectification of the defect, must be settled and the consumer must be informed of this within 30 days of the date of the complaint, unless the seller and the consumer agree on a longer period. The seller must issue the consumer with a confirmation of the date and manner of settlement of the complaint, 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.
If the consumer is not satisfied with the content of the complaint, i.e. in particular with the rejection of the complaint, or with the insufficient satisfaction of the claims from the complaint that has been acknowledged, then a civil dispute arises, which can be resolved through the CTIA, within the framework of the out-of-court dispute resolution procedure (ADR). The consumer has the right to an out-of-court dispute resolution from a consumer contract (hereinafter referred to as "consumer dispute") 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.
In the event of a defect in the goods, we may jointly agree on compensation in the form of a voucher. Furthermore, you are entitled to demand the rectification of the defect by means of replacement delivery or repair. If such removal of the defect would be impossible or unreasonable for us, you are entitled to demand a discount on the purchase price. In this case, you will keep the goods and we will refund part of the purchase price. If the defect is also significant, you may also withdraw from the purchase contract. In this case, you will send the goods back to us and we will refund the full purchase price. For more information on defective performance rights, please refer to our Terms and Conditions.
We will be happy to answer any questions you may have about the claim if you contact us at
e-mail firstname.lastname@example.org or by phone +420 721 003 003.