I. General provisions
The Complaints Procedure is an integral part of the General Terms and Conditions (hereinafter referred to as GTC) of the Seller and describes the procedure for dealing with complaints regarding goods purchased from the Seller.
The Seller is PIKANT Ostrava, s.r.o., with its registered office at 5. května 5163/28, Třebovice, 722 00 Ostrava, Company ID: 25905163, File No: C 24959, incorporated at the Regional Court in Ostrava.
Definitions of terms contained in the Complaints Procedure shall take precedence over definitions in the GTC. Where this Complaints Procedure does not define a term, that term is construed in the sense in which it is defined in the GTC. If a term is not defined there either, it is understood in the sense in which it is used by law.
The Buyer is obliged to familiarise itself with the Complaints Procedure and the General Terms and Conditions before placing an order for goods. The Buyer acknowledges that it is obliged to provide the Seller with the necessary cooperation required to handle the complaint, otherwise the time limits shall be reasonably extended by the length of time that the Buyer did not provide the required cooperation.
The Buyer agrees to the Complaints Procedure by entering into a purchase agreement and accepting goods from the Seller.
Proof of purchase shall be sufficient for the Buyer to file a complaint. The warranty period for the goods is specified in the GTC.
The warranty shall run from the date of receipt of the goods for the period specified in the GTC.
Where a complaint is settled by the replacement of goods, a new warranty on those goods runs.
II. Quality guarantee
As a certificate of guarantee, the Seller issues proof of purchase (an invoice) for all purchased goods. That proof of purchase contains the statutory details necessary for the warranty to be exercised.
1. Period for exercising rights related to defective supply
The period for exercising rights related to defective supply begins on the date of receipt of the goods by the Buyer under the GTC.
2. Quality upon receipt
The Seller is responsible to the Buyer for ensuring that the goods have no defects upon receipt.
III. Terms of warranty
1. Check of the goods upon receipt
Upon collecting goods in person from the Seller, the Buyer shall check the goods received, their completeness and the integrity of the packaging.
If taking receipt of goods from a carrier, the Buyer shall properly and carefully check the condition of the consignment (in particular the number of packages, and the integrity of or damage to the packaging) by reference to the delivery note.
Any irregularities shall be reported to the Seller as specified in the GTC.
These arrangements shall not affect the statutory period for exercising rights relating to defective supply. Any subsequent complaint about the incompleteness of or external damage to the consignment does not deprive the Buyer of the right to complain about the item. However, it does give the Seller the opportunity to prove that there has been no contravention of the purchase agreement.
2. Filing a complaint
The Buyer may file a complaint at the Seller’s registered office, which can be found at the following address:
PIKANT Ostrava, s.r.o., 5. května 5163/28, Třebovice, 722 00 Ostrava.
The consignment must contain: the goods that are the subject of the complaint, a copy of the proof of purchase, a detailed description of the defect and sufficient contact details of the Buyer (in particular a return address and phone number). Without the above, it is impossible to identify the origin of and defect in the goods.
If the Seller does not resolve the complaint with the Buyer on the spot, the Seller shall issue the Buyer with written confirmation of when the complaint was filed, what the complaint concerns, and what method is required to handle the complaint, by email immediately after receipt of the complaint. If a complaint is made in person, that written confirmation is handed over immediately. The written confirmation serves only as proof of receipt of the complaint. The condition of the goods in which the Buyer handed over these goods to the Seller shall be assessed as part of the complaint procedure.
The warranty shall not cover damage caused by:
- mechanical damage to goods,
- improper storage.
These restrictions shall not apply if properties of the goods that are contrary to the above conditions have been expressly agreed upon by the Buyer and the Seller, stipulated, or declared by the Seller.
3. Testing of a defect
Goods submitted for complaint shall be tested only for the defect indicated by the Buyer.
4. Rejection of a complaint
The Seller has the right to reject a complaint about goods in cases where the goods that are the subject of the complaint are soiled or do not meet the basic prerequisites for the goods to be handed over in a hygienic manner for the complaint procedure.
5. Deadlines for the handling of complaints
Section 2(1)(a) of Act No 634/1992 on consumer protection, as amended, defines a consumer as a natural person who, in the purchase of goods, is not engaging in business activities or in the independent pursuit of their profession.
If the Buyer is a consumer, the Seller shall decide on the complaint immediately or, in more complex cases, within three working days. This deadline does not include a reasonable period of time, depending on the type of goods, needed for an expert assessment of the defect.
The Seller shall handle the complaint, including the removal of the defect, without undue delay, and in any event within 30 days of the date of the complaint. That 30-day period may be extended after the complaint has been filed by agreement with the consumer, in which case the extension must not be indefinite or unreasonably long. If the deadline or extended deadline expires and the complaint has not been resolved, the defect is considered to have existed and the consumer has the same rights as if defect could not be remedied.
If the Buyer is a business, the Seller undertakes to decide on the complaint within 40 days of the date on which the complaint is filed. The Buyer/business shall be informed of this decision by email.
6. Removal of a defect
If a complaint is found to be justified, the Seller, bearing in mind the nature of the goods, shall offer the Buyer the delivery of new goods of the same type and quantity at the earliest date these goods are to become available.
IV. Common provisions
The Seller shall issue the Buyer with written confirmation of the date and method of resolution of the complaint, including the duration of the complaint or the justification for rejecting the complaint.
After the complaint has been settled, the Seller shall notify the Buyer of the termination of the complaint either by phone, text message or email. If the goods were sent by a transport service, they will be automatically sent to the Buyer’s address after the settlement of the complaint.
The Buyer has the right to reimbursement of efficiently incurred costs associated with the filing of a justified complaint. These costs are understood to mean the minimum necessary amount, including, but not limited to, postage for sending the complaint. These costs may not include travel by car for making the complaint and express transport and other similar means. It is necessary to apply for reimbursement of costs without undue delay, and in any event not later than one month from the end of the time limit for exercising rights relating to defective supply.
The Buyer is obliged to check the goods received and ensure that they are consistent with the complaint handover report. The Buyer shall also check the completeness of the goods, in particular that the package contains everything it should contain. Later objections will be disregarded.
These provisions shall not affect the statutory period for exercising rights relating to defective supply.
The Buyer is obliged to take over a complaint without undue delay within 30 days of the date on which it is informed of the processing thereof; this period cannot expire earlier than 60 days from the filing of the complaint.
Upon the release of goods or payment of a credit note in cash after the complaint has been processed, the Buyer is obliged to submit a document on the basis of which the item was accepted for complaint procedure. The Buyer must prove their identity by producing a valid identity document (ID card, passport) to prevent damage and money-laundering. If no such document is produced, the Seller or its contractual partner may refuse to release the goods or pay the credit note. If the Buyer is a legal entity, the goods shall be released or the credit note paid only to the governing body of the legal entity or a person holding an officially verified power of attorney.
V. Final provisions
The Buyer’s rights arising from the law shall not be prejudiced by the Complaints Procedure.
This Complaints Procedure shall be valid from 1 June 2020 and shall supersede previous complaints procedures.
This Complaints Procedure is available at the Seller’s registered office or as a document on pikant-ostrava.cz/kontakty and eshop.pikant-ostrava.cz.