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Complaints Procedure

For the sale of goods in the company's e-shop www.sour-belts.cz

The company Love & Passions s.r.o, with registered office at Moravské náměstí 629/4602 00 Brno, ID No. 086 03 758, VAT No. CZ086 03 758, registered in the Commercial Register kept under file No. C 114434/KSBR by the Regional Court in Brno

Article 1 – Introductory Provisions

  1. Buyer's rights arising from defective performance (hereinafter referred to as "complaints") must always be exercised in accordance with this Complaints Procedure. Matters not covered by this Complaints Procedure are governed by the legal order of the Czech Republic. The Seller will inform the Buyer about this Complaints Procedure in an appropriate manner and, upon request, provide it in text form. This Complaints Procedure complies with Act No. 89/2012 Coll., Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended as of June 21, 2016.

  2. The Buyer is obliged to familiarize themselves with the Complaints Procedure and the General Terms and Conditions (hereinafter referred to as "GTC") before ordering goods. The Buyer also acknowledges that they are obliged to provide the Seller with the necessary cooperation required to handle the complaint. If the Buyer fails to provide such cooperation, the deadlines are extended by the time during which the Buyer did not provide the required cooperation.

By concluding the purchase contract and accepting the goods from the Seller, the Buyer agrees with this Complaints Procedure. Definitions contained in this Complaints Procedure take precedence over definitions in the GTC. If this Complaints Procedure does not define a term, it is understood in the meaning defined in the GTC. If it is not defined there, it is understood as defined by legal regulations.

The Buyer acknowledges that food products such as sour belts are not subject to complaints due to subjective taste assessments or other sensory characteristics.

THE SELLER IS NOT LIABLE FOR DEFECTS IN THE FOLLOWING CASES:

  • If the defect was present at the time of acceptance, and a discount was agreed upon for such a defect.

  • In the case of used goods, if the defect corresponds to the level of use or wear present at the time of acceptance.

  • If the defect is caused by normal wear and tear from regular use or if it results from the nature of the goods (e.g., the expiration of their shelf life).

  • If the defect is caused by the Buyer due to incorrect use, storage, maintenance, interference, or mechanical damage.

  • If the defect arose as a result of an external event beyond the control of the Seller.

 

Article 2 – Filing a Complaint

  1. The Buyer has the right to file a complaint with the Seller by completing the electronic form available on the website www.sour-belts.cz in the "Defective Goods Claims" section, or by sending a written complaint to the correspondence address: Love & Passions s.r.o., Moravské náměstí 629/4, 602 00 Brno.

  2. The Buyer must prove their right to file a complaint, particularly by providing the purchase date, either by presenting a sales receipt, proof of the Seller's obligations regarding defective performance, a warranty certificate, or in another credible manner. The Buyer is not entitled to complain about a defect that has been previously reported if a reasonable discount was granted for that defect.

  3. The Seller reserves the right to reject a complaint if the goods were stored contrary to the instructions on the packaging, particularly if exposed to excessive heat, humidity, or direct sunlight.

  4. Complaints do not apply to changes in the taste or texture of the goods caused by natural aging processes or improper storage.

Article 3 – Complaint Period

  1. The Buyer may exercise their rights arising from defective performance within 24 months from receiving the goods. For goods used for business purposes, the period is 12 months. For used goods, the period for exercising defective performance rights can be shortened, and such shortening will be noted on the sales receipt or warranty certificate. After this period, the Buyer may not exercise the right to file a complaint unless otherwise agreed by the parties or if the Seller or manufacturer provides a special quality guarantee beyond their legal obligations.

  2. The Buyer must exercise their rights without undue delay after discovering a defect. The Seller is not liable for worsening defects if the Buyer continues to use the goods despite knowing about the defect. If the complaint is justified, the complaint period is suspended for the duration the goods are being repaired and the Buyer cannot use them.

  3. The Buyer acknowledges that when goods are replaced as part of handling a complaint, a new complaint period does not begin. The period ends 24 months from the date of purchase of the original goods.

  4. The complaint period does not determine the lifespan of the goods. Lifespan varies based on the product's properties, maintenance, proper use, or by agreement between the Buyer and the Seller. For consumable goods, the minimum shelf life is indicated, or for perishable goods, the period of usability is stated.

 

 

Article 4 – Handling Complaints

  1. The Seller is obliged to inform the Buyer of the acceptance of a complaint without undue delay by email confirmation. This email will include instructions on how to proceed with sending the defective goods back to the Seller. The confirmation also serves as proof of the complaint and includes the date of the complaint, a description of the defect, the requested method of resolving the complaint, and the means of communication for updates. Complaints, including defect rectification, must be handled without undue delay, within a maximum of 30 days from the complaint date unless a longer period is agreed upon.

  2. The Buyer must collect the returned goods within 10 days from the date the complaint is resolved. After this period, the Seller is entitled to charge storage fees or sell the goods at the Buyer's expense. The Seller must notify the Buyer in advance and provide a reasonable grace period for collection.

 

Article 5 – Quality upon Acceptance

  1. The Seller declares that the goods are delivered to the Buyer in accordance with Section 2161 of the Civil Code, meaning:

    • The goods have the properties agreed upon with the Buyer; if no agreement was made, the goods possess the properties described by the Seller or manufacturer or expected by the Buyer based on the nature of the goods and advertisements.

    • The goods are suitable for the purpose specified by the Seller or for the usual purpose of such goods.

    • The goods are delivered in the correct quantity, size, or weight.

    • The goods comply with legal regulations.

  2. If the goods do not meet these requirements upon acceptance, the Buyer has the right to:

    • Request the delivery of new goods without defects unless this is unreasonable due to the nature of the goods.

    • If the defect affects only a part of the goods, the Buyer may request the replacement of that part.

    • If replacement is not possible, the Buyer may withdraw from the contract and request a full refund.

  3. If the defect can be rectified promptly, the Buyer may only demand free repair.

  4. If the Buyer does not withdraw from the contract or request new goods, they may demand a reasonable discount. This right also applies if the Seller cannot deliver new goods, replace a part, or repair the goods within a reasonable time. If the defect appears within six months of acceptance, it is presumed that the goods were defective at the time of delivery.

 

 

Article 6 – Liability of the Seller for Defects Constituting a Fundamental and Non-Fundamental Breach of Contract

  1. The Seller's liability for defects that constitute a fundamental or non-fundamental breach of contract applies to defects occurring within 24 months of acceptance (12 months for business use). This liability does not apply to quality guarantees described in Article 5. A defect is considered a fundamental breach if the Buyer would not have entered into the contract had they known of the defect. Other defects are considered non-fundamental breaches.

  2. In the case of a fundamental breach, the Buyer may choose to:

    • Request new goods,

    • Request a repair,

    • Request a discount, or

    • Withdraw from the contract (with a full refund).

  3. In the case of a non-fundamental breach, the Buyer may request:

    • Repair of the defect, or

    • A reasonable discount.

  4. The Buyer has the right to new goods, a replacement part, a discount, or withdrawal from the contract if they cannot use the goods properly due to:

    • Repeated occurrence of the defect after repair, or

    • Multiple defects.

 

 

Article 7 

Claim costs and dispute resolution

 

1. If the claim is found to be justified, the buyer is entitled to reimbursement of the costs reasonably incurred in exercising his right.

2. If the Seller rejects the claim as unjustified, the Buyer, or both parties in agreement with the Seller, may contact a forensic expert in the field and request an independent expert assessment of the defect.

3. If there is no agreement between the buyer and the seller, the buyer may apply to the competent court.

4. The Czech Trade Inspection Authority (Česká obchodní inspekce), with registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.

5. the European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

Article 8 – Contractual Quality Guarantee

If the Seller provides a quality guarantee beyond their legal obligations, the application of this guarantee is governed by this Complaints Procedure unless stated otherwise in the warranty certificate or contract.

Food products that have been opened or consumed cannot be returned for hygienic reasons.

This Complaints Procedure is effective from  1.12 2024.