DEFINITION OF CERTAIN TERMS
For the purposes of this Complaints Code:
Reg. No. 66177863,
Place of business: Pod Platany 8, Bystřice pod Hostýnem, PSČ 768 61,
Place of the workshop: Kamenec 1116, Bystřice pod Hostýnem, PSČ 768 61
- E-shop – is the website of the Seller obchodjitrenka.cz where Customers can purchase Seller's Goods/Products.
- Customer - recipient of goods/products manufactured/supplied by the Seller, which he receives from the Seller for monetary payment. This complaints code applies exclusively to the consumer as defined by Section 419 of Act No. 89/2012 Coll., civil code, as amended, that is to say, any person who, outside the scope of his business activity or outside the framework of the independent exercise of his profession, contracts with or otherwise negotiates with the Seller.
- Goods/product – means movable property supplied by the Seller to Customers or manufactured and supplied by the Seller to Customers. For closer proximity, the Seller states that the goods is understood movable goods sold from third parties (e.g. aromalamp, etc.), the product then movable goods that the Seller himself produces (home accessories, jewellery, etc.).
- This complaints code applies to Goods/Products manufactured/supplied by the Seller, both purchased in the Seller's eshop and at the registered place of the workshop. This complaint system is an integral part of the Seller's General Terms and Conditions and every Customer is obliged to get acquainted with it before sending a binding order. This complaints code governs the procedure in which the Customer applies his rights from defective performance and in which such claims are solved by the Seller.
- The Seller declares his readiness to meet requests of his Customers in the context of the complaint procedure, saying that all complaints are handled properly and in a timely manner.
- The complaint procedure under this Complaints Code will be governed by Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on consumer protection as amended, according to the content of this Complaints Code.
- The Seller also warns Customers that, given the nature of the Goods/Products which the Seller manufactures/supplies, especially from the group of cosmetics and dietary supplements, it is necessary to store them appropriately .
OPENING COMPLAINTS PROCEDURE
- The Seller attaches an invoice to each consignment delivered and the purchase, or the proof of payment, which serves as a delivery and guarranty card. When buying at the Seller's registered office, the Seller issues the proof of payment, which serves as a delivery and guarranty card.
- The Seller notifies Customers that Goods/Products purchased from a seller different from the Seller must be claimed at the place of purchase, i.e. at that different seller, not at the Seller.
- The complaint procedure will be initiated at the time when all the necessary formalities have been delivered to the Seller, i.e. a duly completed Complaint Sheet, a copy of the proof of payment of the Goods/Product (invoice, receipt) and according to the nature of the complaint and the circumstances of the case, as well as the delivery of the Goods/Product to the Seller's address.
The complaint can be claimed as follows:
- by e-mail to email@example.com
- through the postal service delivery service to the address of the workshop: Kamenec 1116, Bystřice pod Hostýnem, 76861
- personally at the Seller's place of the workshop: Kamenec 1116, Bystřice pod Hostýnem, 76861
The Seller informs the Customer of the receipt of the complaint: to his e-mail address or by phone within 3 working days, stating that the assumption is that the Customer will enter one of these contact details in the Complaint Sheet or will send the Complaint Sheet by e-mail. If the Customer does not receive a confirmation of the receipt of the complaint, he must contact the Seller and confirm the receipt of the complaint there.
QUALITY WHEN TAKING OVER AND CONTENT OF THE COMPLAINT
- If the Goods/Product taken over has deficiencies (e.g. not complete, does not correspond to its quantity, does not fit the agreed purpose, etc.), then these are defects of the Goods/Product for which the Seller is responsible.
- The Customer may, at the latest within two years of taking over the Goods/Product, be entitled to a free removal of the defect or a reasonable discount on the price; if the nature of the defect is not disproportionate (in particular if the defect cannot be removed without undue delay), the requirement to supply a new item without defects or a new component without defects may be applied, if the defect concerns only that component.
- If repair or replacement of the Goods/Product is not possible, upon withdrawal from the contract, the Customer may request the full refund of the purchase price.
- Within six months of receipt of the Goods/Product, it is assumed that the defect of the Goods/Product already existed at the time of receipt of the Goods/Product.
- The Seller is not obliged to comply with the Customer's claim if he proves that the Customer knew the defect of the Goods/Product before taking over or caused it by himself.
- For the sold used Goods/Product, the Seller is not responsible for defects corresponding to the extent of the current use or wear or attrition. For Goods/Pproducts sold at a lower price, the Seller is not responsible for the defect for which the lower price was agreed. Instead of the right to exchange, the Customer has the right to a reasonable discount in such cases.
RIGHTS OF DEFECTIVE PERFORMANCE AND GUARRANTY PERIOD AND CONTENT OF THE COMPLAINT
- The Seller is responsible for defects arising after the receipt of the Goods/Product – these rights of responsibility for defects must be exercised by the Customer at the Seller's guarranty period, otherwise the rights of responsibility for defects in the goods and products sold will be cancelled. The guarranty period is 24 months after the receipt of the Goods/Product, unless the Goods/Product with a shorter or longer expiry time by the Seller. Then the guarranty period is valid in length, as it is the case for individual products, especially from the group of cosmetics and dietary supplements.
- The Customer is obliged to make a complaint of the Goods/Product, which is in the guarranty period, with the Seller without undue delay after the defect has been detected. If the Customer does not report the defect without undue delay after being able to identify it with sufficient care, the complaint may not be recognised by the Seller. If the Customer takes over the Goods/Product at the Seller's registered shop, he is obliged to check the contents of the order on the spot. Later complaints will not be taken into account.
- The customer will indicate in detail in the Complaint Sheet in the section "Subject of complaint" what the discrepancy with the purchase contract is reflected, the date on which the defect was discovered and, if necessary, justifies why it did not detect it earlier if several days have passed since the receipt of the Goods/Product.
- The right to defective performance, i.e. the choice of complaint solution, the Customer will indicate in the section "Request/Proposal for solution" of the Complaint Sheet when it has the choice of these options, depending on whether it is a material or non-material breach of contract. What matters is the breach of the contract, which the infringing party had already known about when the contract was concluded or had to know that the other party would not have concluded the contract if it had foreseen the infringement.
- The out-of-court settlement of complaints is initiated solely on the basis of the Customer's request via the electronic address firstname.lastname@example.org. The Seller shall send information on the handling of the complaint to the Customer's email address. If the out-of-court dispute cannot be settled directly, it is possible to address the relevant Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, Prague 2, ID No .: 000 20 869. The petition may be filed no later than right for the first time. The customer has the right to initiate an out-of-court online dispute resolution established by the European Commission via the ODR platform
During the guarranty period, the Customer may make a complaint and, at his choice, request at a defect that indicates a material breach of contract:
- the removal of the defect by the delivery of a new or missing Goods/Product (however, the condition is that the Customer delivers the claimed Goods/product to be replaced, together with the completed Complaint Sheet and proof of purchase to the Seller's address) or
- the removal of the defect, namely the repair of the Goods/Product where applicable (aromalamps, diffusers, etc.), but the condition is that the Customer delivers the claimed Goods/product to be corrected, together with the completed Complaint Sheet and proof of purchase to the Seller's address or
- a reasonable discount on the purchase price or
- withdrawal from the contract and refund of the purchase price (this cancels the contract from the outset and the Customer will be refunded - however, the condition is that the Customer will deliver the claimed Goods/Product together with the completed Complaint Sheet and proof of purchase to the Seller's address.
In the event of a defect which means a non-material breach of contract, the Customer has the right to:
- correcting the defect or
- reasonable discount on the purchase discount.
If such a defect occurred repeatedly (the third complaint for the same defect or the fourth for a different defect, the Customer may exercise the right to a reasonable discount on the purchase price, exchange of goods/product or withdraw from the contract.
- The Seller reserves the right to correct the choice of the Customer between whether the defect is a material or non-material breach of contract. Similarly, the Seller will assess whether, when requesting repair or replacement of the Goods/Product for new ones, the Seller will make a repair or replacement and vice versa.
- The Customer will not have the rights to defective performance if he knew before taking over the case that the case had a defect or if he caused the defect himself.
EVALUATION AND SETTLEMENT OF THE COMPLAINT
- The Seller will settle the complaint no later than 30 days from the date of the receipt of the complaint, as described above in Section IV. The Customer will be informed of the handling of the complaint by being given a confirmation of the settlement of the complaint, indicating the date and method of the complaint being processed, confirmed by the possible execution of the repair and the duration of the repair, or justified by the rejection of the complaint. Confirmation of the settlement of the complaint will be sent to the Customer by e-mail, if indicated by him, or sent by the postal service provider.
- In the case of a legitimate complaint in which the delivery of the claimed Goods/Product of the Seller (unless the Goods/Product was delivered in person), The Customer is entitled to reimbursement of costs effectively incurred in applying this right (e.g. postage according to the tariff of Česká pošta, s.p.). However, the Customer must apply such compensation to the Seller within one month of the expiry of the period within which the defect must be reproached by submitting the proof of payment of the costs incurred by him. In this sense, the Seller prefers an agreement with the customer and, where appropriate, other alternative solutions. Reimbursement of costs will be sent to a bank account indicated by the Customer for these purposes.
- The Customer acknowledges that shipments sent as the part of a complaint to the Seller's address in cash on delivery will not be accepted by the Seller.
WITHDRAWAL AND RETURN OF GOODS/PRODUCTS PURCHASED BY A DISTANCE METHOD (VALID ONLY IN CASE OF SALE IN THE E-SHOP)
- The right to withdraw from the contractThe Customer is entitled to withdraw from the purchase contract in those cases where he is granted this by Act No. 89/2012 Coll., Civil Code, as amended, namely its § 1829, within 14 days of the date of the receipt of the Goods/Product by the Customer or by the third party designated by him.
- For the purposes of exercising the right of withdrawal, the Customer must inform the Seller of his withdrawal from this contract in the form of unilateral legal action (e.g. by letter sent through the postal service operator or by e-mail) . He does not have to state the reason for which he is stepping down.
- In order to comply with the withdrawal period, it is sufficient to forward the withdrawal on the last day of the period to the authority which is obliged to deliver it (the postal operator) or to send it by e-mail to the address email@example.com.
Consequences of the withdrawal from the contract
- If the Customer withdraws from the contract under this paragraph of the Complaints Code, the Seller will return to him without undue delay, no later than 14 days from the date on which he received the Customer's notice of the withdrawal, all payments relating to the Goods/Product in respect of which the Customer withdraws from the contract received from him. A prerequisite for a refund is the return of the Goods/Product by the Customer. Refunds will preferably be cashless to the bank account indicated by the Customer. The Seller will not refund the payment until he receives the returned Goods/Product or if the Customer proves that he has sent the Goods/Product back to the Seller, according to what comes first.
- The Customer is obliged to send the Goods/Product back or hand him over in person at the Seller's registered place without undue delay, no later than 14 days after the date of withdrawal from this contract. The period will be deemed to have been preserved if the Customer sends the Goods/Product back before the expiry of 14 days. The Customer acknowledges that the returned Goods/product must be complete – undamaged, unopened and sent in such a way that it is not damaged by transport. If the returned Goods/Product is damaged by a breach of the Customer's obligation, the Seller is entitled to claim a reduction in the value of the Goods/Product against the Customer and deduct it from the refund.
- The costs associated with the return of the Goods/Products will be beared by the Customer.
THE SELLER´S RECOMMENDATION WHEN TAKING OVER GOODS/PRODUCTS FROM THE CARRIER
- In the case where the Goods/Product is sent to the Customer through a carrier, which is Česká pošta, s.p. or the contractual carrier of the Seller, namely companies GEIS, GSL or PPL, it is recommended by the Seller to the Customer to check the condition of the shipment when receiving it. If mechanical damage to the package of the consignment is detected in this way, or visible damage to the contents of the consignment, the Seller recommends not to accept the shipment or complaint of this fact to the carrier as described below.
- In the case that the Customer detects damage to the consignment when receiving it from the carrier, it is necessary to write down the record of the damage with him immediately or to open the consignment on the spot and check the contents. If he detects damage to the Goods/Products additionally, it is necessary to contact the Seller within 48 hours from the receipt of the shipment. The Seller then settles the complaint with the carrier and contacts the Customer about the method of handling the complaint. In this context, the Seller recommends the Customer to take the photodocumentation of the packaging, filling, or damaged Goods/Product and send it to the Seller, as well as the need to preserve all components of the consignment (packaging, filler, etc.) for the purpose of determining the cause of the damage
- In the case that the Customer detects the incompleteness of the consignment, the replacement of the Goods/Product or a discrepancy on the invoice or tax document during the receipt of the consignment from the carrier, the Customer has to contact the Seller immediately, or within 48 hours from the date of the receipt of the consignment from the carrier. When the receipt of the shipment is detected before the weekend or holiday, the Customer has to report this fact immediately on the following working day. At the same time, the Customer is obliged to keep the complete packaging of the consignment including the filling and the box.
This Complaints Code will enter into validity on 1 October 2019.