Complaints Procedure
Complaints regulations
general provisions
The Complaints Procedure is an integral part of the General Terms and Conditions of the seller Kobram s.r.o. , Janáčkova 1024/18, Ostrava 702 00, ID: 26904390 VAT: CZ26904390 (hereinafter referred to as "the seller"), and describes the procedure for handling complaints about purchased goods in accordance with the provisions § 2, paragraph 1, letter a) of Act No. 634/1992 Coll., on consumer protection, as amended, further specifies the buyer's (customer's) procedure in the event that, despite all the seller's efforts to maintain the highest quality of the offered goods (product) and services, the customer has a legitimate reason to make a claim
The buyer is obliged to familiarize himself with the Complaints Regulations and the General Terms and Conditions (hereinafter referred to as the "GTC") before ordering the goods. At the same time, the buyer acknowledges that he is obliged to provide the seller with the necessary cooperation necessary for the settlement of the complaint, otherwise the deadlines are adequately extended by the time during which the buyer did not provide the required cooperation.
By concluding the purchase contract and taking over the goods from the seller, the buyer agrees to these Complaints Regulations.
The definitions of the terms contained in this Complaints Policy take precedence over the definitions in the General Terms and Conditions. If these Complaints Regulations do not define the term, it is understood in the sense in which it is defined in the General Terms and Conditions. If it is not defined there either, it is understood in the sense in which it is used by legal regulations.
A receipt or invoice is sufficient to make a claim. The length of the warranty for each product is different. The warranty runs from the day of receipt of the goods for the period specified on the receipt. In the event of a claim being settled with an exchange, the new warranty for the goods does not apply. Original warranty continues.
Quality guarantee: As proof of the guarantee, the seller issues a proof of purchase (invoice) for each purchased item with the legally required data required to apply the guarantee (in particular, the name of the item, the length of the guarantee, the price, the quantity, the serial number).
The seller is responsible for:
a) the product has the properties that the buyer expected with regard to the nature of the product,
b) the product is suitable for the purpose that the seller states for its use or for which things of this type are usually used,
c) the product is in the appropriate quantity, measure or weight,
d) the product meets the requirements of legal and hygienic regulations.
Rights from liability for defects in the Goods: Obvious damage to the Goods or its packaging during delivery must be immediately resolved with the carrier and discrepancies must be recorded in the handover protocol (conveyance note). The Buyer is not obliged to take over such Goods from the carrier and shall inform the Seller of any detected damage without undue delay. On the day of acceptance, the Buyer shall properly check the integrity of the Goods and the completeness of its accessories. In the case of personal collection by the Buyer, the moment of acceptance of the Goods is the moment when the risk of damage to the Goods passes from the Seller to the Buyer. If the Buyer does not inspect the Goods upon acceptance, he may make claims for defects detectable during this inspection only if he proves that the Goods already had these defects at the time of the transfer of the risk of damage to the Goods. A later complaint of incompleteness of the Goods or external damage to the Goods does not deprive the Buyer of the right to complain about the item. However, the seller has the opportunity to prove that this is not a contradiction with the purchase contract.
The Buyer can make a complaint about the Goods in person at Canis Lab, Soudní 5259, Zlín 760 01, or send the claimed goods by shipping service to the address Canis Lab, Soudní 5259, Zlín 760. In the event that the Buyer sends the Goods to the Seller by shipping service, he should in its own interest to pack the claimed Goods in suitable and sufficiently protective packaging material that meets the requirements of transport so that it is not damaged during transport. For fragile Goods, he should mark the shipment with the appropriate symbols. The shipment should contain the claimed Goods (including complete accessories), we recommend attaching a copy of the sales document, a detailed description of the claimed defect and the correct contact details of the Buyer. The Buyer is obliged to prove in a demonstrable way that the Goods were purchased in the online store or in a store of the company Kobram Optimální is the original proof of purchase of the Goods.
Rights from liability for defects in Goods do not apply in particular to cases where the defect or damage occurred:
a) mechanical damage to the Goods
b) demonstrably unauthorized interventions in the Goods, natural disaster, mechanical damage or if seals have been removed or damaged in the event that the Goods are seals
c) demonstrably incorrect use,
d) use in violation of the recommendation for use or instructions given on the packaging or in the warranty card, e) use in violation of generally known rules of use,
f) demonstrably by use in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical effects of the environment, which is directly determined by the manufacturer or which clearly results from the nature of the thing, g) if the presented proof of purchase shows obvious signs of data changes.
The Seller's liability for defects does not extend to wear and tear caused by normal use, for Goods sold at a lower price for a defect for which a lower price was agreed, for used Goods for a defect corresponding to the degree of use or wear and tear the Goods had when taken over by the Buyer. If the contents of the package or the object of the purchase are consumables, its usual lifespan under normal use is 6 months, unless expressly stated otherwise. The Buyer's right to claim the Goods within the statutory warranty period is not affected by this. However, the Buyer must take into account the fact that the warranty does not cover the wear and tear of the Goods or its parts caused by normal use and cannot therefore be confused with the service life. The warranty does not apply to opened or used Goods if they are collectibles, cosmetics and creams, or food and dietary supplements. Gifts, which the Seller provides to the Buyer free of charge as part of the purchase contract for other paid Goods, cannot be guaranteed or liability for defects beyond the scope of the law.
In case of withdrawal from the purchase contract, the Buyer is obliged to return the Goods, which are provided as a gift, in their original condition to the Seller. At the Buyer's request, the Seller is obliged to provide the Buyer with a written confirmation of obligations from defective performance to the extent stipulated by law (warranty certificate). The warranty card must contain the name or business name, ID number and registered office of the Seller. If the nature of the matter allows it, instead of a warranty certificate, it is sufficient to issue the Buyer with a proof of purchase of the Goods containing the data as a warranty certificate. If a longer than statutory warranty period is provided, the Seller will determine the terms and scope of the warranty extension in the warranty certificate.
If there is a defect in the purchased goods, it is the seller's interest to provide the customer with such cooperation that this defect is removed in the shortest possible time, or otherwise the problem is resolved in favor of the customer. However, a change in the properties of the product that has occurred by exceeding the use-by date indicated on the product packaging or as a result of incorrect use, treatment and storage cannot be considered a defect. The warranty period begins on the day of purchase of the goods indicated on the sales document. The warranty period is 24 months, with the exception of products with an expiration date on the packaging, in which case this period is shortened to the date marked on the packaging, and the product can be legitimately claimed only until the last day of the month and year indicated on the product packaging (example: 07 2018 – the last day for complaints is 31 July 2018).
The right to claim expires if it is not exercised within the aforementioned warranty period. The customer makes a claim without undue delay after discovering the defect. If the customer's complaint is settled by repairing the goods, the warranty period is extended by the period from the exercise of the right to remove the defect to the time when the customer took over the repaired goods. If the customer's complaint is settled by exchanging the defective goods for a new one, the new warranty period starts from the day of receipt of the new goods.
The buyer has the right to refuse to accept the goods for a claim in cases where the claimed goods or their components are contaminated or do not meet the basic requirements for hygienically safe delivery of the goods for the claim procedure. If the item does not have the characteristics listed above, the Buyer may also demand the delivery of new Goods without defects, if this is not unreasonable due to the nature of the defect. If the defect concerns only a part of the Goods, the Buyer-consumer can only demand the replacement of this 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 unnecessary delay, this is a non-essential breach of contract and in such a case the Buyer always has the exclusive right to free removal of the defect by repairing the item. The Buyer has the right to deliver new Goods or replace 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 Buyer has the right to withdraw from the contract. Reoccurrence of a defect after repair is considered to be the same defect that has been removed at least twice during the warranty period and that occurs again. If the Goods have been repaired at least three times for various removable defects in the period prior to the application of the complaint, it is considered that they suffer from a greater number of defects. If the Buyer does not withdraw from the contract or 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. The buyer-consumer 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 within a reasonable time or if the remedy would cause considerable difficulties for the Buyer The Buyer does not have the right from defective performance if the Seller notified the Buyer before taking over the Goods that the Goods have a defect, or if the Buyer caused the defect himself. The buyer is entitled to withdraw from the contract in all cases specified in the GTC and the Act.
Withdrawal is effective against the Seller at the moment when the Buyer's declaration of withdrawal from the contract is handed over or delivered to him, if all legal conditions according to §2001 are met. In the event of withdrawal from the contract, the contract is canceled from the beginning and the contracting parties are obliged to return everything they have provided on the basis of it. In case of withdrawal from the contract, the Buyer is obliged to return the complete Goods, including all accessories, to the Seller.
If the goods, which were sold as used or were sold with a discount taking into account their lower quality at the time of sale, have a defect, the Buyer - consumer has the right to a reasonable discount instead of the right to exchange the Goods.
Method of settlement of the claim: The buyer must have the claim, including the removal of the defect, settled without unnecessary delay, no later than 30 days from the date of the claim and acceptance of the goods back to the seller, unless the Seller and the Buyer agree on a longer period. The deadline for settling a claim begins the day after the claim is made in accordance with Section 605 of the NOZ. After the expiration of this period, the Buyer is granted the same rights as if it were a material breach of the contract. The period of 30 days is not binding on the Buyer - entrepreneur. The buyer-consumer can inquire about the result of the complaint himself at the address of the establishment where he filed the complaint, or at the customer telephone line. The Buyer is obliged to provide the Seller with all cooperation to verify the existence of the claimed defect and to eliminate it. When making a complaint, the Buyer is obliged to hand over the Goods clean in accordance with hygiene regulations and general hygiene principles, including all components and accessories.
The buyer is obliged to hand over the complete Goods to the complaint procedure. We also recommend attaching a copy of the sales receipt, a detailed description of the defect and full contact details (address, telephone, e-mail). In the event that the Buyer does not deliver the Goods complete and its completeness is necessary to establish the existence of the claimed defect and/or to eliminate it, the period for processing the claim only begins with the delivery of the missing parts. When making a complaint, the Buyer will receive a written confirmation - a complaint protocol, which serves as a document for settling the complaint. When drawing up the complaint protocol, the buyer is obliged to provide all required data, the completeness and correctness of which he confirms by signing the complaint protocol. The complaint protocol contains information on when the complaint was made, what it contains, and what method of handling the complaint is requested by the Buyer. If the Buyer sent the product to the complaint procedure by shipping service, he will receive the complaint protocol by e-mail. The buyer-consumer has the right to be reimbursed for the purposefully incurred costs of making a complaint, whereby these costs are understood as the lowest possible, which are available within the seller's place of business. This is mainly the postage for sending the claimed Goods. The buyer must request reimbursement of these costs without undue delay, but no later than one month from the end of the period for exercising rights from defective performance. The Seller is entitled to refuse acceptance of the Goods for complaint if the Goods are contaminated or their components are contaminated. The Seller is entitled to refuse a claim for the Goods even if the Goods are not handed over in accordance with hygiene regulations and general hygiene principles. Collection of Goods from warranty repair: After handling the claim, the Seller informs the Buyer either via SMS, e-mail or by phone. If the Goods were sent by a shipping service, they will be sent to the Buyer's address after processing. The Seller will issue, or send, a written confirmation to the Buyer stating the date and method of settlement of the complaint, confirmation of the repair and the duration of the complaint, or the justification for the rejection of the complaint. In the event that the claimed Goods are not collected from the warranty repair within 2 months from the expiry of the period when the warranty repair was completed, the Buyer is obliged to pay the Seller a storage fee of CZK 50 for each day of delay in collection. When delivering the Goods after the complaint has been settled, the Buyer is obliged to present the document he received when receiving the Goods for the complaint, or must prove their identity. These Complaints Regulations become valid and effective on 30.10. 2020 and supersedes all previous versions. Changes to the complaints procedure reserved