COMPLAINTS PROCEDURE
AND.
Introductory Provisions
1. Tento reklamační řád je vystaven Anežkou Prokšovou, se sídlem Bukovina u Pecky 25, zapsaným v obchodním rejstříku vedeném na Městském úřadě v Nové Pace, IČO: 09683151, tel. 604115488, email: kreanatura@kreanatura.cz (hereinafter referred to as the "Seller").
2. This complaint procedure contains information on the scope, conditions and method of exercising the right from defective performance (hereinafter referred to as "complaint") in connection with purchase contracts concluded between the customer and the Seller, together with information on where the complaint can be filed.
II.
Conditions and method of making a claim
1. The customer can make a claim in Bukovina at Pecka 25, Pecka 50782.
2. The customer applies the complaint in person, by post at Bukovina u Pecky 25, Pecka 50782, or by email at kreanatura@kreanatura.cz. The customer proves the purchase of the claimed goods with a purchase receipt.
3. It is absolutely necessary to apply the complaint without unnecessary delay, as soon as the defect appeared. Any delay during the continued use of the goods may cause the defect to worsen, the goods to deteriorate and may be the reason for the rejection of the claim.
4. The complaint is considered to have been properly applied, if the general principles of hygiene do not prevent the complaint. The customer is obliged to present the claimed goods cleaned, free of all impurities and hygienically sound. The seller is entitled to refuse to take over for the complaint procedure goods that do not comply with the above-mentioned principles of general hygiene (in particular Decree No. 91/1984 Coll., on measures against communicable diseases).
5. The seller is obliged to issue a written confirmation to the customer of when the customer has exercised the right, what is the content of the complaint and what method of handling the complaint the customer requires; and further confirmation of the date and method of processing the complaint, including confirmation of the repair and its duration, or written justification for the rejection of the complaint.
6. The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for expert assessment of the defect. The complaint, including the removal of the defect, must be handled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the consumer agree on a longer period. Missing this deadline is considered a material breach of contract.
III.
Scope of rights from defective performance
1. The rights and obligations of the Seller and the customer regarding the Seller's guarantee for the quality of the goods upon acceptance and the customer's rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of § 2161 et seq. of Act No. 89/2012 Coll. (hereinafter referred to as the "Civil Code ") and Act No. 634/1992 Coll., on consumer protection (hereinafter referred to as the "Consumer Protection Act").
2. The seller guarantees to the customer that the goods are free of defects upon receipt. In particular, the Seller responds to the customer that at the time the customer took over the goods:
a. the goods have the properties that the Seller and the customer have agreed upon, and if there is no agreement, such properties that the Seller or the manufacturer has described or that the customer expected with regard to the nature of the goods and based on the advertising carried out by them,
b. the goods are suitable for the purpose that the Seller states for their use or for which goods of this type are usually used,
c. the goods are in the appropriate quantity, measure or weight, a
d. the goods comply with the requirements of legal regulations.
3. A change (property) of the goods that has arisen as a result of its wear, improper use, insufficient or inappropriate maintenance, as a result of natural changes in the materials from which the goods are made, as a result of any damage by the customer or a third party, or other improper intervention.
4. If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt.
5. If the goods do not have the characteristics specified in Article 3.2 above, the customer may also request the delivery of new goods without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the customer may only request the replacement of the part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the customer has the right to have the defect removed free of charge.
6. The customer has the right to the delivery of new goods or the replacement of a part even in the case of a removable defect, if he cannot properly use the item due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the customer also has the right to withdraw from the purchase contract.
7. If the customer does not withdraw from the purchase contract or does not exercise the right to the delivery of new goods without defects, to the replacement of its component or to the repair of the goods, he can demand a reasonable discount. The customer has the right to a reasonable discount even if the Seller is unable to deliver new goods without defects, replace its parts or repair the goods, as well as if the Seller does not remedy the situation in a reasonable time or if the remedy would cause significant difficulties for the customer.
8. The right of defective performance does not belong to the customer if the customer knew before receiving the goods that the goods had a defect, or if the customer himself caused the defect.
9. The customer is entitled to exercise the right from a defect that occurs in consumer goods within six months of receiving the goods (with the exception stated in Article 3.8 below). This does not apply to:
a. for goods sold at a lower price due to a defect for which a lower price was agreed,
b. for the wear and tear of the goods caused by their usual use, or
c. if it follows from the nature of the matter.
10. If defective performance is a material breach of contract, the customer has the right to:
a. to remove a defect by delivering a new item without a defect or by supplying a missing item,
b. to remove the defect by repairing the item,
c. for a reasonable discount from the purchase price, or
d. withdraw from the contract.
11. The Customer shall inform the Seller of the right he has chosen upon notification of a defect, or without undue delay after notification of a defect. The customer cannot change the choice made without the consent of the Seller; this does not apply if the customer requested repair of a defect that turns out to be irreparable. If the Seller does not remove the defects within a reasonable period of time, or if he informs the customer that he will not remove the defects, the customer may demand a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract. If the customer does not choose his right in time, he has the rights according to Articles 3.12 to 3.14.
12. If defective performance is a minor breach of contract, the customer has the right to have the defect removed, or to receive a reasonable discount from the purchase price.
13. As long as the customer does not exercise the right to a discount on the purchase price or withdraw from the contract, the Seller can deliver what is missing or remove the legal defect. Other defects can be removed by the Seller at his option by repairing the goods or delivering new goods; the choice must not cause unreasonable costs to the customer.
14. If the Seller does not remove the defect in the goods in time or refuses to remove the defect, the customer may request a discount from the purchase price, or may withdraw from the contract. The customer cannot change the choice made without the consent of the Seller.
IV.
Final establishedand
1. The complaints procedure was developed in accordance with the Civil Code and the Consumer Protection Act.
2. Complaints are handled in accordance with this complaint procedure, the Civil Code, the Consumer Protection Act and other relevant legal regulations.
3. Tento reklamační řád nabývá platnosti a účinnosti dne 3.2.2025