Complaints Procedure

Complaints Procedure

of the e-shop "ONKOKOSMETIKA.CZ" operated by LIV'beauty s r.o.

LIV'beauty s r.o., with its registered office at Jaselská 311/25, ZIP code 160 00 Prague 6, Company ID 22466967 (hereinafter referred to as the "Seller") hereby issues these Complaints Procedures in accordance with the relevant provisions of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code") and the provisions of Sections 13 and 19 of Act No. 634/1992 Coll., on Consumer Protection (hereinafter referred to as the "Consumer Protection Act").

Preamble

1. These Complaints Procedures form an annex to the Seller's Terms and Conditions (hereinafter also referred to as the "TC"), the current wording of which is published on the website https://www.onkokosmetika.cz/obchodni-podminky/.

2. For the purposes of these complaints procedures, the following are understood:

contract means a purchase contract within the meaning of Section 2079 et seq. of the Civil Code concluded between the company, in the capacity of the seller, and the customer, in the capacity of the buyer,

customer means either a consumer within the meaning of Section 2, paragraph 1, letter a) of the Consumer Protection Act (hereinafter referred to as “customer-consumer”) or an entrepreneur who, when concluding and fulfilling the contract, acts within the scope of his business activity (hereinafter referred to as “customer-entrepreneur”), who concludes a purchase contract with the company. The customer-consumer and the customer-entrepreneur are hereinafter jointly referred to as “customer” or “buyer”.
goods are the subject of the purchase contract,
complaint is the exercise of the right from defective performance by the customer with the seller,
e-shop means the seller’s e-shop operated on the website www.onkokosmetika.cz.
a material breach of contract is the delivery of defective goods, if the seller already knew or should have known at the time of concluding the purchase contract that the customer would not have concluded the contract if he had foreseen this breach. In other cases, it is considered to be a non-material breach of contract.
The definitions of terms contained in these Complaints Procedures take precedence over the definitions in the Terms and Conditions. If these Complaints Procedures do not define a term, it is understood in the meaning in which it is defined in the Terms and Conditions. If it is not defined there either, it is understood in the meaning in which it is used by legal regulations.

3. By concluding the contract, the customer expresses his agreement with the Terms and Conditions and these Complaints Procedures and confirms that he is properly acquainted with them.

4. The Complaints Procedures are used to regulate the rights and obligations when exercising rights from defective performance, i.e. when exercising complaints, in connection with goods purchased by the customer from the seller's intermediary e-shop.

5. Unless otherwise specified in these Complaints Procedures, the provisions of the relevant legal regulations shall apply to the complaint procedure, i.e. when exercising rights arising from defective performance.

6. The provisions of these Complaints Procedures that apply exclusively to a certain group of customers (e.g. consumers) are expressly marked to this effect.

A. General Provisions

The provisions of Part A. of these Complaints Procedures are general provisions that apply to all customers, unless otherwise specified in Part B. of these Complaints Procedures (a special part of the Complaints Procedures that applies only to business customers) or in Part C. of these Complaints Procedures (a special part of the Complaints Procedures that applies only to consumer customers) in connection with the relevant group of customers.

I. Liability for defects

1. The customer's right to defective performance is based on a defect that the goods have when the risk of damage passes to the customer, even if it only becomes apparent later. The customer's right is also based on a defect that arose later and that the seller caused by breach of his obligation.

2. However, the seller's liability for a defect is not given if:

the defect was caused by the buyer himself (e.g. by using/treating the goods in violation of the instructions for use or the instructions on the packaging),

by wear and tear of the goods caused by their usual use (for used goods, wear and tear corresponding to the extent of their previous use). For goods sold at a lower price, the seller's liability for defects does not apply to defects for which a lower price was agreed.

3. The customer also does not have rights from defective performance if it is a defect in the goods that he must have noticed with normal attention when concluding the contract. This does not apply if the seller has expressly assured him that the goods are free from defects, or if the defect has been concealed by cunning.

4. The buyer undertakes to inspect the goods as soon as possible after receipt and to ascertain their properties, quantity and completeness of the delivery (i.e. whether the package contains everything it is supposed to contain). If the seller sends the goods, the buyer may postpone the inspection until the goods have been delivered to the destination. If the goods are delivered by a carrier and if the goods or their packaging show obvious damage, the buyer is obliged to inform the carrier of these defects and record them on the delivery/shipping note.

II. Filing a complaint

1. When filing a complaint, the customer is obliged to submit proof of purchase of the goods (e.g. an invoice or other document showing that the customer purchased the goods from the seller), or otherwise credibly prove that he purchased the complained goods from the seller. At the seller's request, the buyer is obliged to prove his identity (e.g. a civil ID card).

2. When making a complaint, the customer shall provide the seller with the following information:

customer identification data (name, surname, place of residence, date of birth),
customer contact data for the purposes of communication with the customer and providing information on the handling of the complaint (in particular, telephone number, e-mail contact),
designation of the goods complained about,
number of the document on which the goods were purchased,
detailed description of the defect that is the subject of the complaint, including its documentation (e.g. photographs); if the subject of the complaint is multiple defects, it is necessary to state in the complaint
all defects that the goods are accused of,
other circumstances that may affect the assessment of the complaint,
the choice of the right from defective performance that the customer has decided on.

3. When making a complaint, the buyer is obliged to present the goods that he is complaining about to the seller. If the buyer sends the goods to the seller for the purpose of making a complaint by a shipping service or by post, in his own interest he should pack the claimed goods in suitable and sufficiently protective packaging material that meets the requirements of transport so that they are not damaged during transport, if possible, best to pack them in the original packaging. The shipment should contain the claimed goods (including complete accessories and all documents), proof of purchase of the goods (at least a copy of it) and a complaint letter. The customer undertakes to provide the seller with the necessary cooperation to carry out a professional assessment of the defect by the seller.

4. The buyer is obliged to act in such a way as to prevent possible damage consisting in the impossibility of further sale of the claimed goods or the impossibility of the seller to file a complaint with the manufacturer.

5. The seller is obliged to inform the customer about the settlement of the complaint, either in a manner agreed with the customer (e.g. by telephone, e-mail, etc.), or if this method has not been agreed, in writing.

6. When issuing the goods to the customer after the settlement of the complaint, the customer is obliged to present the buyer with proof of the claim and is also obliged to prove his identity (e.g. with a valid ID card, passport, etc.). If any of the conditions specified in the previous sentence are not met, the seller is not obliged to issue the goods to the customer. When accepting the goods after the settlement of the complaint, the customer is obliged to check the goods being accepted.

7. If the customer does not accept the goods within a reasonable time after the seller has informed him about the possibility of accepting the goods after repair, the seller is entitled to payment of a storage fee from the customer.

8. The customer has the right to reimbursement of the costs reasonably incurred in exercising the right to claim for goods.

9. The right to defective performance does not exclude the right to compensation for damages; however, what can be achieved by exercising the right to defective performance cannot be claimed on any other legal grounds.

B. Provisions applicable only to the customer-entrepreneur

1. If the provisions of Section B. of these Complaints Procedures conflict with the provisions of Section A. of these Complaints Procedures, the provisions set out in Section B. of these Complaints Procedures shall prevail.

2. The seller is liable to the customer-entrepreneur for the goods being free of defects upon receipt. In particular, the seller is responsible to the customer-entrepreneur that at the time the customer-entrepreneur took over the goods:

The goods were in the agreed quantity, quality and design (if the quality and design are not agreed, the seller performs in the quality and design suitable for the purpose apparent from the contract; otherwise for the usual purpose).
When determining the quality or design according to the agreed sample or template, the quality or design of the thing must correspond to the sample or template. If the quality or design specified in the contract and the sample or template differ, the contract shall prevail. If the contract and the sample determine the quality or design of the thing differently, but not in a contradictory manner, the thing must correspond to the contract and the sample or template. The delivery of other goods and defects in the documents necessary for the use of the goods are also considered a defect.

3. If the buyer has not reported the defect without undue delay after he could have discovered it during a timely inspection and with sufficient care, the court will not grant him the right to claim defective performance. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the buyer could have discovered it with sufficient care, but no later than two years after the goods were handed over.

4. The seller undertakes to settle the complaint within the period agreed with the customer-entrepreneur, or, if there is no such agreement, within a reasonable time after the complaint is made. The period for settling the complaint according to the previous sentence is extended by the performance of a professional assessment of the defect, regardless of who carries out the assessment (e.g. the seller, manufacturer, independent entity), and by the time when the customer-entrepreneur prevents the settlement of the complaint or the professional assessment of the defect, e.g. by not providing sufficient cooperation.

5. If the seller and the customer-entrepreneur agree on a different procedure for exercising the right to defective performance, these complaints procedures shall apply only in the alternative.

6. Determining what rights the customer-entrepreneur has in the case of defective goods depends primarily on whether the defect is fully a material or immaterial breach of contract.

7. If the defective performance is a material breach of contract, the buyer has the right:

  • to have the defect remedied by delivering a new item without defects or by delivering the missing item,
  • to have the defect remedied by repairing the item,
  • to receive a reasonable discount on the purchase price, or
  • to withdraw from the contract.

The buyer is entitled to choose the law applicable to defective performance. The buyer shall inform the seller of the law he has chosen when notifying the defect or without undue delay after notifying the defect. The buyer may not change the choice made without the seller's consent; this does not apply if the buyer has requested the repair of a defect that proves to be irreparable. If the seller does not remove the defects within a reasonable period of time or notifies the buyer that he will not remove the defects, the buyer may request a reasonable discount on the purchase price instead of removing the defect, or may withdraw from the contract. If the buyer fails to notify in time his choice of the right to claim defective performance, he has the same rights as in the case of a non-material breach of contract. Therefore, if the buyer fails to notify the defect of the goods in time, he loses the right to withdraw from the contract.

8. If the defective performance is a non-material breach of contract, the buyer has the right:

  • to have the defect removed (e.g. by carrying out a repair), or
  • to have a reasonable discount on the purchase price.

Until the buyer exercises the right to a discount on the purchase price or withdraws from the contract, the seller may deliver what is missing or remove the legal defect. The seller may remove other defects at his option by repairing the item or delivering a new item; the option may not cause the buyer unreasonable costs. If the seller fails to remove the defect in the item in time or refuses to remove the defect, the buyer may request a discount on the purchase price or may withdraw from the contract. The buyer may not change the option made without the seller's consent.

9. Until the defect is removed, the buyer does not have to pay a portion of the purchase price estimated to be reasonably equivalent to his right to a discount.

10. If the buyer does not take over the goods within a reasonable time after the seller has informed him of the possibility of taking over the goods after repair, the seller is entitled to payment of the storage fee from the buyer.

11. When delivering new goods, the buyer shall return the goods originally delivered to the seller at his expense.

12. The buyer may not withdraw from the contract or request the delivery of new goods if he cannot return the goods in the condition in which he received them.

B. Provisions applicable only to the customer-consumer

If the provisions of Section C. of these Complaints Procedures conflict with the provisions of Section A. of these Complaints Procedures, the provisions of Section C. of these Complaints Procedures shall prevail.

I. Liability for defects

1. The seller is responsible to the customer that the goods are free from defects upon receipt. In particular, the seller is responsible to the customer that at the time the customer received the goods, the goods:

  • correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed properties,
  • are suitable for the purpose for which the buyer requires them and to which the seller has agreed,
  • are supplied with the agreed accessories and instructions for use, including the manual.

2. The seller is responsible to the customer that, in addition to the agreed properties,

the goods are suitable for the purpose for which an item of this type is usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,

the goods, in terms of quantity, quality and other properties, including durability, functionality, compatibility and safety, correspond to the usual properties of items of the same type that the buyer can reasonably expect, also with regard to public statements made by the seller or another person in the same contractual chain, in particular advertising or labeling,

the goods are delivered with accessories, including packaging, assembly instructions and other instructions for use that the buyer can reasonably expect,

the goods correspond in quality or design to the sample or template that the seller provided to the buyer before the conclusion of the contract.
This provision shall not apply if the seller has specifically notified the buyer before concluding the contract that a property of the item differs and the buyer has expressly agreed to this when concluding the contract.

3. If a defect becomes apparent within 3 months of receipt, it is assumed that the item was defective upon receipt, unless the nature of the item or defect precludes this. This period does not run for the period during which the buyer cannot use the item, if he has rightfully pointed out the defect.

II. Rights from defective performance

1. The customer-consumer does not have the right from defective performance:

  • if the defect was caused by him/herself, or
  • it is wear and tear of the goods caused by his/her usual use, in the case of a used item, wear and tear corresponding to the extent of its previous use.

2. If the item has a defect, the customer-consumer may demand its removal. At his/her option, the customer-consumer may request either the delivery of new goods without defects or the repair of the goods, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other (this shall be assessed in particular with regard to the significance of the defect, the value that the item would have without the defect, and whether the defect can be removed in the second method without significant difficulties for the buyer). The seller may refuse to remove the defect, if this is impossible or disproportionately expensive, especially with regard to the significance of the defect and the value that the item would have had without the defect.

3. The seller shall remove the defect within a reasonable time after it is discovered in a way that does not cause significant inconvenience to the customer-consumer, taking into account the nature of the item and the purpose for which the buyer purchases the item.

4. In order to remove the defect, the seller shall take over the item at its own expense. If the customer-consumer fails to take over the goods within a reasonable time after the seller has informed him of the possibility of taking over the goods after repair, the seller shall be entitled to payment of a storage fee from the customer-consumer.

5. The consumer-customer may demand a reasonable discount or withdraw from the contract if:

  • the seller has refused to remove the defect or has not removed it in accordance with the above provisions of these Complaints Procedures,
  • the defect occurs repeatedly,
  • the defect is a material breach of contract, or

it is obvious from the seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for the buyer.

6. The reasonable discount shall be determined as the difference between the value of the goods without defect and the defective goods that the consumer-customer has received.

7. The consumer-customer may not withdraw from the contract if the defect of the item is insignificant; it shall be deemed that the defect is not insignificant. If the consumer-customer withdraws from the contract, the seller shall refund the purchase price without undue delay after receiving the goods or after the consumer-customer has proven that he has sent the goods.

8. The customer-consumer does not have the right to claim for defective performance if, before taking over the goods, he knew that the goods were defective, or if the customer-consumer caused the defect himself.

9. Until the seller has fulfilled his obligations for defective performance, the customer-consumer does not have to pay the unpaid purchase price or part thereof.

III. Filing and handling of complaints

1. The customer is entitled to file a complaint at the seller's premises at Národní Obrany 35, 160 00 Prague 6 (an employee authorized to handle complaints must be present at the seller's premises for this purpose during all operating hours), provided that the complaint can be made in writing by e-mail (to info@onkokosmetika.cz).

2. The seller is obliged to issue the customer with a written confirmation of when the customer exercised the right from defective performance, i.e. the complaint, what the content of the complaint is and what method of handling the complaint the customer requests and the customer's contact details (for the purposes of communication with the customer and providing information on handling the complaint) (hereinafter referred to as the "Confirmation of Claim"). Furthermore, the seller is obliged to issue the customer with a written confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint (hereinafter referred to as the "Confirmation of Claim").

3. The complaint, including the removal of the defect, must be handled and the customer must be informed of this no later than 30 days from the date of the complaint, unless the seller and the customer agree on a longer period. However, the condition for the running of these periods is that the customer has provided the seller with the required cooperation to settle the complaint, in particular that he has allowed the seller to examine the goods complained of. After the period according to the first sentence has expired in vain, the customer may withdraw from the contract or request an appropriate discount.

4. The seller is obliged to notify the customer-consumer of the settlement of the complaint.

IV. Final provisions

1. These complaints regulations shall enter into force on the date of their issue and shall take effect on 1.5.2025

2. These complaints regulations replace all complaints regulations issued by the seller to date.

In Prague, on 1.5.2025

LIV'beauty, s.r.o.

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