Complaints
The company Čokoláda.cz s.r.o., with registered office at Thákurova 3, Prague 6 - Dejvice, Postal Code: 160 00, ID No.: 28180941, issues the following in accordance with the relevant legal regulations
COMPLAINTS PROCEDURE FOR THE ONLINE SHOP www.cokolada.cz,
which regulates the conditions under which the buyer exercises his/her rights in the event of non-conformity of the goods with the purchase contract, as well as the conditions for claiming liability for defects against the seller, or other rights listed below.
I. Warranty
The warranty period starts from the date of receipt of the goods by the buyer. In the case of the sale of consumer goods, the warranty period is 24 months; in the case of the sale of foodstuffs, the warranty period is eight days; if the goods sold, their packaging or the instructions accompanying them are marked with a time limit for use (expiry date) in accordance with special legislation (e.g. the Foodstuffs Act), the warranty period expires on the expiry of this time limit (this is the expiry date and the minimum durability period). If the goods are replaced as part of a claim, the warranty period starts again from the receipt of the new goods.
II. Warranty claims
In the event that a defect occurs during the warranty period, the buyer has the following rights in exercising the warranty, depending on the nature of the defect:
- if the defect is repairable, the right to have the defect repaired free of charge, properly and in a timely manner, the right to have the defective goods or defective component replaced, unless this is disproportionate to the nature of the defect. If such a procedure is not possible, the right to a reasonable discount on the purchase price or to withdraw from the purchase contract;
- if the defect is irremediable and prevents the proper use of the goods, the right to have the defective goods replaced or to withdraw from the contract of sale; the same rights shall be available to the buyer,
- if the defects are removable, but if the buyer cannot use the goods properly because of the recurrence of the defect after repair or because of multiple defects. A defect shall be deemed to have recurred if the same defect preventing proper use, which has already been rectified at least twice during the warranty period, occurs again. A greater number of defects shall be understood if the item has at least three defects preventing its proper use at the same time;
- in the case of other irremediable defects and if the buyer does not request replacement of the item, the buyer is entitled to a reasonable discount on the purchase price or to withdraw from the purchase contract.
III. Complaint handling and complaint report
Complaints, including the removal of defects, must be settled by the Seller without undue delay, no later than 30 days from the date of the complaint. After the expiry of this period, the Buyer shall be entitled to the same rights as if it were an irremovable defect.
The Seller, or another businessman designated under the warranty certificate (if issued) to handle the claim, shall issue the Buyer with a written confirmation of when the claim was made, what its content is, what method of handling the claim is required; as well as a confirmation of the date and method of handling the claim, including confirmation of the repair and the duration of the repair, or a written justification for rejecting the claim.
The place for filing a claim is: Čokoláda.cz s.r.o., with registered office at Thákurova 3, Prague 6 - Dejvice, Postal Code: 160 00. In the case of a justified complaint, the customer is entitled to compensation for the necessary costs incurred in connection with the exercise of the right of liability for defects.
IV. Contradiction with the Purchase Contract
The seller is liable to the buyer for the fact that the sold item is in conformity with the purchase contract when accepted by the buyer. Conformity with the purchase contract means in particular that the sold item is free of defects, that it has the quality and performance required by the contract, described by the seller or the manufacturer or expected on the basis of their advertising, or the quality and performance usual for an item of this kind, that it conforms to the requirements of the legal regulations and that it corresponds to the purpose for which the seller states the item is used or for which the item is usually used. Foodstuffs shall be marked with the date of minimum durability and, in the case of perishable foodstuffs, the date of expiry.
If the goods are not in conformity with the contract of sale when taken over by the buyer (hereinafter referred to as 'non-conformity with the contract of sale'), the buyer shall have the right to have the seller restore the goods to a condition corresponding to the contract of sale, free of charge and without undue delay, either by replacing the goods or by repairing them, as requested by the buyer; if this is not possible, the buyer may demand a reasonable reduction in the price of the goods or withdraw from the contract. This does not apply if the buyer knew of the non-conformity with the purchase contract before taking delivery of the item or caused the non-conformity with the purchase contract.
A conflict with the contract of sale which becomes apparent within six months of the date of receipt of the goods shall be deemed to exist at the time of receipt of the goods, unless this is contradicted by the nature of the goods or the contrary is proved.