for customers of Cerva Bohemia s.r.o., company registration number: 047 87 528, with registered office at Aviatická 1092/8, Ruzyně, 161 00 Prague 6, registered with the Municipal Court in Prague, Section C, Insert 298787 (hereinafter also referred to as “Seller”)
The Complaints Procedure specifies the procedure of the Buyer – a natural person who does not act within the scope of his business activity or within the scope of his independent exercise of his profession) and the Seller in the event that, despite the Seller’s best efforts to maintain the highest quality of the goods and services offered, a legitimate reason for complaint arises on the part of the Buyer. The Complaints Procedure applies to products sold under the Cerva Bohemia and KVĚTNÁ 1794 trademarks.
- Basic conditions of complaint
1.1 The Seller shall be liable to the Buyer that the purchased item is free from defects upon receipt. Defects are not the characteristics of the products explicitly declared by the Seller (see Guaranteed Quality Parameters available at https://kvetna1794.cz/quaranteed-quality-parameters).
1.2 If a defect occurs in the purchased goods through no fault of the Buyer, it is in the Seller’s interest to provide the Buyer with such services that the defect is rectified or otherwise resolved as soon as possible in accordance with these Complaints Regulations.
1.3 A change in the (characteristics of) the goods that has occurred / has appeared during the period for claiming liability for defects due to improper use or care cannot be considered a defect.
1.4 The Buyer may make a claim directly at the Seller’s registered office or at any of the Seller’s premises where acceptance of the claim is possible with regard to the range of products sold. Acceptance of the claim is possible at these Seller’s premises:
1.4.1. Em. Zahn 329, Květná, 687 66 Strání
1.5 The Seller handles the complaint immediately, if the nature of the defect complained of allows it. The claim, including the removal of the defect, must be settled within 30 days from the date of the claim, unless the Seller and the Buyer agree on a different time limit.
1.6 The Buyer shall be entitled to compensation for costs reasonably incurred in the successful exercise of the right to claim defects. The Buyer shall not be entitled to compensation for costs incurred by the Buyer in cases where the Buyer is not entitled to the rights of defects. The Seller may not award compensation for costs if the Buyer’s claim is made more than 1 month after the defect has been identified and the claim has been settled positively. The Buyer is obliged to provide the Seller with credible evidence of the costs incurred (e.g. proof of payment of postage / shipping costs). Reimbursement of costs can be made at the Seller’s registered office or by sending it to the Seller’s registered office address or the Seller’s e-mail address: info@kvetna1794.cz.
- Allegation of defects and exercise of rights arising from defects
2.1 The Buyer is obliged to inspect the purchased goods immediately upon receipt.
2.2 The buyer is obliged to make a claim without undue delay after he has had the opportunity to inspect the goods and to discover the defect.
2.3 The Buyer shall be entitled to complain of a defect and to exercise the right to claim the defect that occurs in the goods sold within twenty-four months from the date of receipt of the goods by the Buyer.
- Recommended complaint procedure
3.1 Recommended procedure for the buyer to claim a defect in the product:
- send a letter to the address Aviatická 1092/8, 161 00 Praha 6-Ruzyně, or to the e-mail address: info@kvetna1794.cz, containing the following information and attachments:
- order number,
- indicate that the complaint is for a product defect,
- a description of the defect complained of, together with a photograph of the defect, including a description of the defect or how it manifests itself,
- a photocopy of the seller’s invoice,
- the buyer’s return address,
- the buyer’s request for the method of settlement of the claim,
- original signature of the buyer.
- Wait for an email / phone call from the Seller, through which the claim will be resolved according to the Buyer’s preference, e.g., but not limited to: refund, hand-to-hand product exchange, or other method as agreed.
3.2 Recommended buyer’s procedure in case of damage to the goods during transport:
- send a letter to Aviatická 1092/8, 161 00 Praha 6-Ruzyně, or to the e-mail address: info@kvetna1794.cz, containing the following information and attachments:
- order number,
- stating that the complaint is due to damage to the goods during transport,
- the identification number of the shipment,
- a photograph of the damaged goods (if no photograph is available, it is necessary to send the broken goods back to Aviatická 1092/8, Ruzyně, 161 00 Prague 6),
- a description of the damage and the quantity of the damaged goods,
- a photocopy of the seller’s invoice,
- the buyer’s return address,
- the buyer’s request on how to handle the complaint.
- Wait for an email or phone call from the seller through which the claim will be resolved according to the buyer’s preference.
3.3 Buyer’s procedure in the event of loss of shipment in transit:
In the event that the shipment has not been delivered to the Buyer’s address in a proper and timely manner (within the time specified in the carrier’s confirmation of receipt of the shipment), the Buyer shall immediately inform the Seller by e-mail to info@kvetna1794.cz or by delivering a document to the Seller’s correspondence address at Aviatická 1092/8, 161 00 Praha 6-Ruzyně. As part of this information, the Buyer shall provide the Seller with:
- order number,
- the identification number of the lost shipment (if known, e.g. based on a communication from the carrier of the shipment or from the Seller),
- the Buyer’s delivery address.
The Seller shall inform the Buyer without undue delay upon receipt of the claim and accompanying documents how and by when the claim will be settled.
Non-delivery of a shipment due to an incorrect address provided by the Buyer shall not be considered a legitimate reason for the complaint and the Buyer shall bear all costs associated with resending the shipment.
- Method of complaint handling
4.1 In the event of a defect in the goods, the buyer may exercise the following rights under the conditions stated:
- in the case of removable defects, the buyer has the right to have the defect removed free of charge;
- the buyer has the right to delivery of new goods without defects, unless this is unreasonable in view of the nature of the defect; if the defect concerns only a part of the goods, the buyer is entitled to demand only the replacement of the part of the goods; if this is not possible, the buyer may withdraw from the purchase contract. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer is entitled to have the defect remedied free of charge;
- if the buyer does not withdraw from the purchase contract or does not exercise the right to have new goods delivered without defects, to have parts of the goods replaced or to have the goods repaired, he may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller cannot deliver new goods without defects, replace a part of the goods or repair the goods, as well as if the seller fails to remedy the defect within a reasonable time or if it would cause the buyer considerable difficulties to remedy the defect;
- if it is not possible to supply the buyer with new goods without defects or to replace a part thereof, the buyer is entitled to a reasonable discount;
- in the event of a recurrence of the defect after repair or for a large number of defects, the buyer shall have the right to have new goods delivered, to have part of the goods replaced or to withdraw from the contract.
- Exceptions to liability for defects
5.1 The Seller shall not be liable for defects in the goods in the following cases:
- if a discount on the purchase price has been agreed for such defect;
- if the defect was caused by wear and tear caused by normal use;
- if the goods are second-hand and the defect corresponds to the level of use or wear and tear the goods had at the time of receipt by the buyer;
- if the nature of the goods so requires.
- Prevention and services
6.1 The basic condition for the preservation of the functionality and characteristics of the goods sold in the Seller’s premises is proper prevention, which begins with their selection, continues with their use and ends with their proper care. All important information on the nature of the product, maintenance and handling is available on the Seller’s web interface, specifically at https://kvetna1794.cz/maintenance?lang=en.
6.2 The Buyer is provided with professional advice by the Seller’s staff in order to select the appropriate product and how to use and care for it.
6.3 Decorated products are not recommended to be washed in automatic dishwashers.
6.4 The product should be protected from contact with hard and sharp objects and careful handling should be used to avoid scratching the product.
6.5 The natural oxidation process of gold or other precious metals should be removed by using polishing agents.
- Final provisions
The Complaints Procedure shall be governed by the relevant provisions of the Civil Code No. 89/2012 Coll., in particular Sections 2161 et seq. and Act No. 634/1992 Coll., on Consumer Protection, and shall take effect on July 15 2021.
