This Complaints Procedure regulates the manner and conditions for claiming defective
goods purchased through the online CBD CODE shop from our company
CBD code s.r.o., headquartered Lidická 700/19, Veveří, 602 00 Brno;
ID VAT: CZ04380380;
incorporated in the Business Register of the Regional Court of Brno; Section C; File 89613;
Postal address: Lidická 700/19, Veveří, 602 00 Brno
Telephone number: 00421 905 792 100
Contact e-mail: firstname.lastname@example.org
1. What are the defects of goods that we are liable for?
As the Seller, we assume liability for the fact that the goods shows no defects on delivery; this means that the goods upon receipt, in particular:
− Have characteristics as agreed by us, as were described, or as you could have expected with regard to the nature of the goods, and based on advertising;
− Are in appropriate quantity, measure or weight;
− Meet legal requirements;
− Fit the purpose as we indicate, or one that purchased goods are normally used for;
− A defect of goods also includes a situation, in which we delivered the goods other than agreed between us;
− Correspond to the quality as agreed between us, or quality, as determined for a given type of goods by valid and effective legislation; and
− Show no legal defects, i.e. no third party has any property rights to the goods, and the goods are accompanied with documents and evidence necessary for their proper use.
We are also liable vis-a-vis consumers for the fact that such defects will not occur during the warranty period. If you are not a consumer, no statutory warranty period shall be provided to you under Article 2. Article 2 applies only to consumers.
We provide no warranty on the quality beyond the statutory warranty period specified for consumers.
If you are an entrepreneur, the right of the defective performance may be based only on a defect that the goods showed upon the transfer of the risk of damage to the goods, even though materialized later. In the event that the defect occurred depending on the violation of some of our duties, you are entitled to the rights from a defective performance even in such a case.
The defect of the goods shall not include a difference in color shades in reality, and on the electronic display devices. If the goods do not conform to your conception, you have, if you're a consumer, a right to withdraw from the contract within fourteen (14) days of receipt of goods in line with Article 5 General Commercial Terms and Conditions for Retail (www.cbdcode.com/en/content/13-vop-maloobchod).
If you are a consumer and a defect of goods becomes apparent within six (6) months of the takeover, it is assumed that the goods were defective at the time of takeover.
2. What is the warranty period?
For unused consumer goods, the warranty period is twenty-four (24) months from takeover of goods, unless a longer warranty period was indicated on the Web Interface, in the documents accompanying the goods, or in advertising.
If the date of minimum durability is indicated on the goods or perishable goods contain a period, during which the goods may be used, the warranty period shall last to such date.
Please, take note that if the goods were replaced or repaired, no new warranty period applies to new goods, replaced components and spare parts. In this case, the warranty period, however, shall be extended by the period, during which you could not use the goods due to the defect, i.e. mainly by the period, during which the goods were in repair.
3. What rights do you have of defective performance?
Your rights of defective performance are governed by the Civil Code, especially pars. 2099-2117, and if you are a consumer, also pars. 2165-2174.
A. If you are a consumer or an entrepreneur:
If the defect of the goods existed, or it is deemed to have existed, at the takeover of the goods yet, you have the right of defective performance.
If the defect of the goods is a material breach of the contract, you are entitled to the rights of defective performance as follows:
a) Removal of defects by supplying the new thing without defect, or delivering a missing thing;
b) Defect removal by repair;
c) Appropriate purchase price discount; or
d) Withdrawal from the contract.
In the event of a material breach of the contract, you should advise us, when reporting defects, or without undue delay thereafter, of the right of defective performance of your choice. Please, note that if failing to do so, you will have only those rights that would belong to you in case of the minor breach of the contract. The selection made can only be changed in consultation with us.
If, within a reasonable time, you do not remove the defect of goods, you can request, instead of having defects removed, a reasonable discount on the purchase price, or you can withdraw from the contract.
If the defect of the goods is an unsubstantial breach of contract, you can ask:
a) The defect be removed by repair;
b) For a reasonable discount on the purchase price.
In the event that we fail to remove the defect of the goods in time, or we refuse to remove defects, you can demand a discount on the purchase price, or withdraw from the contract. The selection made can only be changed in consultation with us.
Please, note that until you claim your right to obtain a discount on the purchase price, or withdraw from the contract, we are entitled to supply to you missing goods, or remove an error of law (in particular, deliver the missing documents).
Exchange of goods or withdrawal cannot be demanded in case you cannot return the thing in the condition, in which you received it. This does not apply if:
a) The condition has changed as a result of an inspection aimed to detect defect of the thing;
b) You used the thing before discovering defect;
c) You have not caused the impossibility of returning thing in the same state by acting
or omission; or
d) You sold the thing before discovering the defect; you consumed or altered the thing during the normal use; this has happened only partially; you return to us what you still can return back and make a refund to us up to the amount, in which you benefited from using the thing.
B. Only if you are a consumer:
If the defect of consumer goods occurred during the warranty period of twenty-four months from the receipt of goods, you are entitled to the rights of defective performance as referred to below:
a) You have the right to have the goods exchanged in the event that:
− during the warranty period, the goods cease to have any of the properties listed in Article 1 of the Complaints Procedure, and it is not disproportionate in view of the nature of the defect;
− The defect is irremovable;
− The goods cannot be properly used for the repeated occurrence of the defect
after repair; or
− Several defects occurred on the goods.
Exchange of goods cannot be required in the event that it would be disproportionate in view of the nature of defect occurred. In this case, you are entitled to a free remedy.
You are not entitled to have the goods exchanged in cases, where only a part (component) of goods is defective.
The exchange of goods cannot be required in case of the goods sold at a lower price. Instead, you may request a reasonable discount.
b) You have the right to have the defective part of goods exchanged in the event
− Only a defective part (component) of goods is defective;
− The defect is irremovable;
− The goods cannot be properly used for the repeated occurrence of the defect after repair; or
− Several defects occurred on the goods.
c) You have the right to a reasonable discount on the purchase price, if
− You do not choose the right of withdrawal, replacement of defective goods, or parts of goods, or repair of the goods;
− We are unable to replace the goods or parts thereof, or repair them (for example, the goods are already not produced);
− We fail to provide remedy within a reasonable time, or in cases, where remedy would give rise to substantial difficulties to you; or
− The thing has a defect that establishes our obligation, and it is the thing sold at a lower price.
d) You have the right to withdrawal, if
− The defect is irremovable;
− The goods cannot be properly used for the repeated occurrence of the defect after repair;
− Several defects occur on the goods;
− We are unable to replace or repair the goods (for example, the goods are already not produced); or
− It is not possible to replace the defective goods, or a part thereof, with fit ones.
4. When the rights of defective performance cannot be exercised?
Rights of defective performance do not apply, if:
− You were aware of the defect before the takeover;
− You have caused the defect yourself; or
− The warranty period expired.
Warranty and liability claims for defects also do not apply to:
− The wear and tear of the goods caused by their common use (wear and tear caused by the use also includes a reduction in the capacity of batteries and accumulators);
− Things sold at lower prices - only in relation to the defect, for which the lower price was agreed upon; or
− If it is apparent from the nature of the thing.
5. How to proceed with a complaint?
File a complaint with our company (or a person, who is indicated in the confirmation of the rights of defective performance - the warranty certificate as a person designated to perform repair) without undue delay after discovering the defect. Pursuant to the Consumer Protection Act, we accept complaints:
− At any of our premises, which can accept complaints in view of the assortment of goods sold;
− At our headquarters;
− At place of business;
− With a person, who is indicated in the confirmation of the effectiveness of rights of defective performance, i.e. the warranty certificate, as a person designated to perform repair.
o ensure the quickest possible settlement of the complaint, we recommend you to address our premises/person assigned to repair.
The recommended procedure for complaints:
− For faster processing of the complaint, you can report the complain in advance by telephone, e-mail or in writing;
− at the same time, it is advisable to inform us about what the right of defective performance you have chosen, i.e. whether you are, in line with this Complaints Procedure, interested in having the thing repaired, the goods or any components thereof replaced, in withdrawal, a discount on the purchase price, or additional rights in line with the Complaints Procedure and the Civil Code;
− You deliver the claimed goods to us (other than by “cash on delivery”, which we do not assume); for shipping, we recommend the goods to be wrapped intoa suitable package not to become damaged or destructed;
− To facilitate the process, it is suitable to accompany the goods with proof of purchase of goods or a tax document - invoice, if such was issued, or any other document proving the purchase of goods, together with a description of the defect and a suggestion as how to have the complaint
Failure to comply with any of the above steps or to submit any of the documents listed above shall not preclude a positive settlement of the complaint under statutory conditions.
The complaint is filed at the moment, when we were notified of the occurrence of the defect and the right of liability for defects in the thing sold was applied.
We decide about the complaint delivered immediately; in complicated cases within three (3) working days. This period does not include an adequate time depending on the type of product or service required for expert assessment of the defect. Complaint, including defect removal, will be handled without undue delay, within thirty (30) days of the complaint-filing day, unless we agree on a longer period.
Upon the complaint, we will issue to you a written confirmation of when you have applied the right, what is the content of the complaint, and what method of complaint handling you require; and also (after settlement of the complaint), we will issue to you a confirmation of the date and method of complaint settlement, including confirmation of repair made and its duration, or a written justification for rejecting the complaint.
In line with Civil Code, you are entitled to reimbursement of expenses reasonable incurred in claiming the goods. Please, note that you have to apply this right to have expenses reimbursed within one (1) month after the deadline, by which the defect shall be reported.
This Complaints Procedure is valid and effective from 01.07.2016.