Returns & Exchange
Published by Oxana Kets, with registered office at Korunní 2569/108, 101 00, Prague 10 – Vinohrady, ID: 17725402.
- The complaints procedure is processed in accordance with the relevant provisions of Act No. 89/2012 Coll., Civil Code. The rights and obligations of the Seller and the buyer regarding the Seller’s guarantee for the quality of the goods upon acceptance and the customer’s rights from defective performance are governed in particular by the provisions of § 2161 et seq. of the Civil Code and the relevant provisions of Act No. 634/1992 Coll., on consumer protection.
- The seller is responsible for defects that occur in the sold goods during the warranty period. The deadline for making a claim is 24 months. (unless otherwise specified). After the expiration of the period, the right from defects cannot be exercised with the seller, unless the contractual parties agree otherwise or the seller or the manufacturer provides a special guarantee for quality beyond the scope of his legal obligations. The warranty period cannot be confused with the lifetime of the product. Lifetime is determined by the manner and intensity of use and may not always be the same as the warranty period. This means that with intensive use, the service life may be shorter than the warranty period.
- If a defect in the goods becomes apparent within six months of its acceptance by the buyer, it is considered that the goods already had this defect at the time of acceptance.
- The seller is not responsible for defects in the following cases:
- if there is a defect in the item at the time of acceptance and a discount from the purchase price is agreed for such a defect
- if the goods are used and the defect corresponds to the degree of use or wear and tear the goods had when the buyer took them over
- the defect arose on the item due to wear and tear caused by normal use, or if this results from the nature of the item (e.g. expiration of its useful life)
- is caused by the buyer and resulted from improper use, storage, improper maintenance, intervention by the buyer or mechanical damage
- the defect arose as a result of an external event beyond the seller’s influence.
Quality upon receipt
- The seller declares that he hands over the goods to the buyer in accordance with the provisions of § 2161 of the Civil Code, i.e.:
- the goods have properties that the buyer and the seller have agreed upon, and in the absence of an agreement, such properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
- the goods are suitable for the purpose that the seller states for their use or for which a thing of this type is usually used
- goods are things in the corresponding quantity, measure or weight
- the goods comply with the requirements of legal regulations.
- In the event that the goods upon acceptance by the buyer do not meet the above requirements, the buyer has the right to delivery of new goods without defects, if this is not unreasonable due to the nature of the item. If the defect concerns only a part of the thing, the buyer can only demand the replacement of the part; if this is not possible, he can withdraw from the contract and demand a full refund of the purchase price. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to remove the defect free of charge.
- If the buyer does not withdraw from the contract or if he does not exercise the right to deliver new goods without defects, to replace a part of it or to repair it, he can demand a reasonable discount from the purchase price. The buyer has the right to a reasonable discount even if the seller cannot supply him with new goods without defects, replace its part 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 consumer.
Making a complaint
- The buyer has the right to file a complaint with the seller, in any of his establishments, in which acceptance of the complaint is possible with regard to the range of goods sold, or even at his headquarters or place of business. The seller ensures the presence of a worker authorized to receive complaints during the entire operating time. The complaint can also be made to the person designated for this purpose in the confirmation issued by the seller to the buyer, on the receipt or in the warranty card, if the designated person is at the seller’s location or at a location closer to the buyer.
- The buyer is obliged to prove that he has the right to make a claim, in particular to document the date of purchase, either by presenting a sales document, confirmation of the seller’s obligations from defective performance of the warranty card, or in another plausible way. The buyer is not entitled to make a claim for a defect that has already been pointed out in the past, if a reasonable discount from the purchase price has been provided for it.
- If the exercise of the right due to defects should cause significant difficulties for the consumer, especially because it is not possible to transport the item to the place of application of the complaint in the usual way or if it is a product that is assembled or part of the property, the seller will assess the defect in agreement with the buyer either on the spot, or in another way. In such a case, the buyer is obliged to provide the seller with the necessary cooperation.
- The buyer shall exercise his rights from defective performance without undue delay after discovering that the goods are defective. The seller is not responsible for increasing the extent of damage if the buyer uses the goods, although he knows about the defect. If the buyer legitimately claims a defect against the seller, the period for exercising rights from defective performance does not run for the period during which the goods are being repaired and the buyer cannot use them.
- The buyer acknowledges that in the event of an exchange of goods as part of a claim settlement, there is no new deadline for exercising rights from defective performance. The period ends 24 months after the receipt of the claimed goods. The deadline for exercising rights from defects cannot be considered as a determination of the product’s lifespan, it varies with respect to the product’s characteristics, its maintenance and correctness, and the intensity of use or the agreement between the buyer and the seller.
- The goods must be properly cleaned, free of all impurities and hygienically sound. Oxana Kets (luvion.cz) is entitled to refuse acceptance of goods that do not meet the principles of general hygiene for the complaint procedure. It is necessary to apply the complaint without unnecessary delay, as soon as the defect appears. Any delay during continued use may cause the defect to worsen.
- The seller is obliged to decide on the complaint immediately, in more complex cases within three working days. This period does not include the time required for a professional assessment of the defect. The seller is obliged to issue a written confirmation to the buyer, in which he will indicate in particular the date and place of the claim, the characteristics of the alleged defect, the method required by the buyer to settle the claim and the way in which the buyer will be informed about its settlement. A legitimate complaint, including the removal of a defect, must be handled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. Missing this deadline is considered a material breach of contract. The seller is obliged to confirm in writing to the buyer the method of settlement of the complaint and its duration. The buyer is not entitled to change the once-selected method of settlement of the complaint without the consent of the seller, except in situations where the chosen method of settlement cannot be carried out at all or in time.
- The buyer is obliged to take over the claimed goods within 30 days from the date on which the claim should have been settled at the latest, after which time the seller is entitled to charge a reasonable storage fee or to sell the goods himself at the buyer’s expense. The seller must inform the buyer about this procedure in advance and give him a reasonable additional period to take over the goods. Seller’s liability for a defect that is a material and non-material breach of contract
- The seller’s liability for defects that are a material or non-material breach of the contract shall be applied to product defects occurring within 24 months of acceptance, for defects for which the responsibility for quality upon acceptance pursuant to Article 5 does not apply. The defect is considered a material breach of the contract in the event that the buyer would not have concluded the contract if he had foreseen the defect when concluding the contract, in other cases it is a defect that is not a material breach of the contract.
- If the defect is a substantial breach of the contract, the buyer has the right to deliver a new item, a repair, a reasonable discount or to withdraw from the contract (with the right to a full refund of the purchase price). If the defect is a minor breach of contract, the buyer has the right to remove the defect or a reasonable discount.
- The buyer has the right to deliver a new flawless item, exchange a part, discount the price or withdraw from the contract, regardless of the nature of the 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. Claims and dispute resolution costs
- If the complaint is recognized as justified, the buyer has the right to reimbursement of the costs incurred in connection with the exercise of his right.
- In the event that the seller rejects the claim as unjustified, the buyer, or by agreement with the seller, both parties, can turn to a forensic expert in the field and request the processing of an independent expert assessment of the defect.
- In the event that it occurs between OXANA KETS (luvion.cz). and the buyer in the event of a consumer dispute arising from the purchase contract that cannot be resolved by mutual agreement, the buyer may submit a proposal for an out-of-court settlement of such dispute to the designated entity for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, internet address: www.coi.cz.
Complaint sheet (Word, template for electronic filling)
Telephone: +420 774 627 147 (Mon-Fri 9:00 – 16:00)