- The Complaint Policy regulates the method of asserting rights from liability for defects against the seller, BONESSI s.r.o., headquartered in Prague, U Nesypky 1261/10, 150 00 Praha 5 - Smíchov, ID: 194 03 135, registered at the Municipal Court in Prague under file number C 386026 (hereinafter referred to as the "seller"), as the seller and operator of the online store located at www.spa-ceylon.cz/en (hereinafter referred to as the "online store"), and the consumer who enters into a purchase contract with the seller (hereinafter referred to as the "customer").
- The Complaint Policy forms an integral part of the purchase contract and the terms and conditions. By concluding the purchase contract, the customer agrees to the terms and conditions as well as the Complaint Policy and confirms that they have read them.
- The Complaint Policy primarily applies to the purchase of goods through the online store. It shall also apply correspondingly to the purchase of goods at the seller's physical stores.
- The rights and obligations of the contractual parties regarding liability for defects shall be governed by the relevant generally binding legal regulations (in particular, provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
- The seller guarantees to the customer that the goods are free from defects upon receipt. Specifically, the seller guarantees that the goods:
- correspond to the agreed description, type, and quantity, as well as quality, functionality, and other agreed characteristics,
- are suitable for the purpose for which the customer requires them and which the seller has agreed to, and
- are delivered with the agreed accessories and instructions for use, including a user manual.
- In addition to the agreed characteristics, the seller guarantees that:
- the goods are suitable for the purpose for which goods of this kind are usually used, taking into account third-party rights, legal regulations, industry norms, or codes of conduct where applicable,
- the goods, in terms of quantity, quality, and other features, including durability, functionality, and safety, meet the usual expectations for goods of this type, also considering public statements made by the seller or other persons in the supply chain, especially in advertising or labeling,
- the goods are supplied with accessories, including packaging, instructions, and other guidance that the customer can reasonably expect, and
- the goods match the quality or design of the sample or model provided by the seller before concluding the purchase contract.
This provision does not apply if the seller specifically informed the customer before concluding the purchase contract that a particular feature of the goods differs and the customer expressly agreed to it.
- If a defect appears within one year from receipt, it is presumed that the goods were defective at the time of receipt unless the nature of the goods or defect excludes this. This period does not run during the time the customer cannot use the goods due to a justified complaint.
- The customer may assert a defect that appears within two years from receipt. If the customer validly asserts a defect against the seller, the period for asserting defects does not run while the customer cannot use the goods.
- If the goods have a defect, the customer may request its removal. They may choose to have new goods delivered without defects or to have the goods repaired, unless the chosen remedy is impossible or disproportionately expensive compared to the alternative. This is assessed primarily concerning the significance of the defect, the value the goods would have without the defect, and whether the defect can be removed by the alternative method without significant inconvenience to the customer. The seller may refuse to remove the defect if it is impossible or disproportionately expensive, considering the defect's significance and the value the goods would have without the defect.
- The seller shall remove the defect within a reasonable time after it has been asserted so as not to cause the customer significant inconvenience, taking into account the nature of the goods and the purpose for which the customer purchased them. The seller shall take back the goods for defect removal at their own expense.
- The customer may request a reasonable discount or withdraw from the purchase contract if:
- the seller has refused to remove the defect or has not removed it in accordance with the previous provision,
- the defect reoccurs,
- the defect constitutes a substantial breach of the purchase contract, or
- it is clear from the seller’s statement or circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to the customer.
- The customer cannot withdraw from the contract if the defect is insignificant; it is presumed that a defect is not insignificant. If the customer withdraws from the purchase contract, the seller shall return the purchase price to the customer without undue delay after receiving the goods or upon proof that the customer has sent them back.
- The defect can be asserted against the seller where the goods were purchased.
- The seller is obligated to accept complaints at any of their business premises where it is possible concerning the nature of the sold goods or services, or at their registered office. The seller shall issue a written confirmation to the customer upon submitting a complaint, specifying the date the complaint was made, its content, the requested resolution, and the customer’s contact details for informing them about the complaint resolution.
- The complaint, including defect removal, must be resolved without undue delay, no later than 30 days from the date the complaint was submitted, unless the seller and customer agree on a longer period. If this period expires without resolution, the customer may withdraw from the contract or request a reasonable discount.
- The seller must issue a written confirmation to the customer stating when the right was asserted, the content of the complaint, and the requested resolution. Additionally, the seller must provide confirmation of the complaint’s resolution, including the date and method of resolution, confirmation of any repairs, and the duration of the repair. If a complaint is rejected, a written justification must be provided. If the customer fails to specify the desired resolution method when asserting a complaint, the seller will inform them accordingly.
- The customer may specifically assert liability for defects:
- In person at the store address: Spa Ceylon, Vinohradská 21, 120 00 Praha 2 - Vinohrady, or Spa Ceylon, OC Palladium (0. patro), Nám. Republiky 1, 110 00 Praha 1,
- By phone at: +420 799 188 888,
- By email at: shop@spa-ceylon.cz.
- Anyone who has the right arising from defective performance is also entitled to reimbursement of expenses reasonably incurred in asserting this right. However, if this right is not asserted within one month after the period for asserting the defect expires, the court will not grant the right if the seller objects that it was asserted late.
- The seller or another entity may provide the customer with a quality guarantee beyond the statutory rights from defective performance. If a quality guarantee is provided, the guarantor shall issue a confirmation of the quality guarantee (warranty certificate) to the customer no later than upon receipt of the goods in textual form.