I. Introductory Provisions

1.      This complaint procedure is issued by Yan Belogortsev, with registered office at Tigridova 1496/3, 140 00 Prague - Michle, identification number: 05311993, email: zhitnikovainna@gmail.com, telephone number: +420 608 989 246 (hereinafter referred to as the "Seller").

2.      This complaint procedure contains information on the scope, conditions, and method for exercising the right from defective performance (hereinafter referred to as the "complaint") in connection with purchase contracts concluded between the customer and the Seller, along with information on where the complaint can be lodged.

II. Conditions and Method for Filing Complaints

1.      The customer files a complaint in person, by mail at Tigridova 1496/3, 140 00 Prague - Michle, or by email at zhitnikovainna@gmail.com. The customer must provide proof of purchase for the goods in question with a purchase document.

2.      It is essential that complaints be filed without undue delay, immediately after the defect appears. Any delay in continuing the use of the goods may deepen the defect, devalue the goods, and may be a reason for refusing the complaint.

3.      A complaint is considered duly filed if it does not violate general hygiene principles. The customer must present the goods in a clean condition, free from dirt, and hygienically safe. The Seller is entitled to refuse to accept goods for the complaint process if the goods do not meet the above general hygiene principles (especially Decree No. 91/1984 Coll., on measures against infectious diseases).

4.      The Seller must provide the customer with a written confirmation stating when the customer exercised the right, what the complaint entails, and the method of complaint handling requested by the customer; further, confirmation of the date and method of complaint resolution, including confirmation of repair execution and its duration, or a written justification for complaint rejection.

5.      The Seller or an authorized employee must decide on the complaint immediately, in complex cases within three business days. This period does not include a reasonable time required for professional assessment of the defect, depending on the type of product or service. The complaint, including the defect's removal, must be resolved without undue delay, at the latest within 30 days from the date the complaint was filed, unless the Seller agrees on a longer period with the consumer. The expiration of this period without resolution is considered a fundamental breach of contract.

III. Scope of Rights from Defective Performance

1.      The rights and obligations of the Seller and the customer regarding the Seller’s guarantee for the quality of goods at the time of acceptance and the customer’s rights from defective performance are governed by the applicable generally binding regulations (especially the provisions of Section 2161 et seq. of Act No. 89/2012 Coll. (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll., on Consumer Protection (hereinafter referred to as the "Consumer Protection Act")).

2.      The Seller is liable to the customer that the goods are free from defects upon acceptance. In particular, the Seller is liable to the customer that at the time the customer took over the goods:

a. the goods have properties agreed upon by the Seller and the customer, and in the absence of an agreement, such properties as described by the Seller or manufacturer, or as the customer expected given the nature of the goods based on the advertising conducted;

b. the goods are suitable for the purpose specified by the Seller or for which goods of this kind are usually used;

c. the goods are in the correct quantity, measure, or weight; and

d. the goods comply with the requirements of legal regulations.

3.      A defect shall not be deemed to include any change (property) of the goods resulting from wear and tear, improper use, insufficient or improper maintenance, natural material changes from which the goods are made, any damage caused by the customer or third parties, or other incorrect interference.

4.      If a defect appears within six months of acceptance, it is presumed that the goods were defective at the time of acceptance.

5.      If the goods do not have the properties specified in Article 3.2 above, the customer may demand the delivery of new goods free from defects, unless this is unreasonable due to the nature of the defect; however, if the defect only affects a part of the item, the customer may only demand replacement of the part; if this is not possible, they may withdraw from the contract. However, if this is unreasonable given the nature of the defect, especially if the defect can be remedied without undue delay, the customer has the right to have the defect remedied free of charge.

6.      The customer has the right to the delivery of new goods or replacement of parts even for removable defects if they cannot properly use the item due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the customer also has the right to withdraw from the purchase contract.

7.      If the customer does not withdraw from the purchase contract or does not exercise the right to the delivery of new goods without defects, the replacement of parts, or repair of goods, they may demand an appropriate discount. The customer is also entitled to an appropriate discount if the Seller cannot deliver new goods without defects, replace parts, or repair the goods, or if the Seller does not remedy the defect within a reasonable time or if it would cause significant inconvenience to the customer.

8.      The customer is not entitled to rights from defective performance if the customer was aware of the defect before taking over the goods or if the defect was caused by the customer.

9.      The customer is entitled to claim a defect that appears in consumer goods within 24 months from the date of acceptance of the goods (except as specified in Article 3.8 below). This does not apply:

a. to goods sold at a lower price for a defect for which the lower price was agreed;

b. to wear and tear of the goods caused by its normal use; or

c. if it is due to the nature of the goods.

10.  If defective performance is a fundamental breach of contract, the customer has the right to:

a. remedy of the defect by delivery of new goods free from defects or delivery of missing goods;

b. remedy of the defect by repair of the item;

c. an appropriate discount on the purchase price; or

d. withdrawal from the contract.

11.  The customer must inform the Seller of their choice when notifying of the defect or without undue delay after notifying of the defect. The customer cannot change the choice without the Seller’s consent; this does not apply if the customer has requested the repair of a defect that proves to be irreparable. If the Seller does not rectify the defects within a reasonable time or informs the customer that the defects will not be rectified, the customer may demand a reasonable discount on the purchase price or withdraw from the contract. If the customer does not make their choice on time, they have the rights under Articles 3.12 to 3.14.

12.  If defective performance is an insignificant breach of contract, the customer has the right to have the defect removed or to receive an appropriate discount on the purchase price.

13.  Until the customer exercises the right to a discount on the purchase price or withdraws from the contract, the Seller may deliver what is missing or rectify a legal defect. Other defects may be removed by the Seller at its discretion, either by repairing the goods or delivering new goods; the choice must not cause unreasonable costs to the customer.

14.  If the Seller fails to remove the defect of the goods in time or refuses to remove the defect, the customer may demand a discount on the purchase price or may withdraw from the contract. The customer cannot change the choice made without the Seller’s consent.

IV. Final Provisions

1.      The complaint procedure has been prepared in accordance with the Civil Code and the Consumer Protection Act.

2.      Complaints are processed in accordance with this complaint procedure, the Civil Code, the Consumer Protection Act, and other relevant legal regulations.

3.      This complaint procedure becomes effective on <insert date>.