Complaint Policy

Complaints procedure

The Complaints Procedure is an integral part of the Terms and Conditions of the BLAŽEK PRAHA a.s. online store (hereinafter referred to as the "Online Store"), as well as an integral part of the Seller's offer to conclude a Purchase Agreement. By sending an order via the Online Store, the Buyer confirms that he has read the Terms and Conditions and the Complaints Procedure, that he agrees with them and expressly accepts them.

8. Liability for defects, warranty, complaints, complaint conditions – Complaints Procedure

(excerpt from the Terms and Conditions – Article 8)

8.1. The Seller is liable to the Buyer for defects in the Subject of Sale if they occur on the Subject of Sale upon receipt of the Subject of Sale, or during the warranty period, in accordance with the relevant provisions of the Civil Code, if the Buyer is an Entrepreneur, and in accordance with the relevant provisions of the Civil Code and the Consumer Protection Act, if the Buyer is a Consumer, and further in accordance with the rules set out in the Purchase Agreement.

8.2. The Buyer is obliged to inspect the Subject of Sale upon receipt of the Subject of Sale, and if this is not possible, without undue delay after receipt of the Subject of Sale.

Liability for defects in relation to the Buyer who is a Consumer

8.3. The Seller is liable to the Buyer – Consumer for ensuring that the Subject of Sale is free of defects when taken over by the Buyer – Consumer. Conformity with the Purchase Agreement (so-called quality upon acceptance) means that the Subject of Sale has the quality and utility properties agreed upon in the Purchase Agreement, described by the Seller or expected on the basis of advertising, or the quality and utility properties usual for an item of this type. In the event that the Subject of Sale does not comply with the Purchase Agreement when taken over by the Buyer, the Buyer has the right to have the Seller bring the Subject of Sale into a condition consistent with the Purchase Agreement free of charge and without undue delay, at the Buyer’s request either by replacing the Subject of Sale or by repairing it, or to have the Seller provide the Buyer with an appropriate discount on the Purchase Price; in the event of a material breach of contract, the Buyer also has the right to withdraw from the Purchase Agreement. This does not apply if the Buyer knew before taking over the Goods that the Goods had a defect, or if the Buyer caused the defect himself, or if it is a defect that the Buyer had to have noticed with the usual attention when concluding the contract, as well as in the case where the Seller specifically notified the Buyer - Consumer before concluding the contract that some property of the item is different and the Buyer - Consumer expressly agreed to this when concluding the contract. A discrepancy with the Purchase Contract that becomes apparent within one year from the date of taking over the Subject of Sale is considered a discrepancy (defect) that already existed when the Buyer - Consumer took over it, unless (i) the nature of the item or defect precludes this, or (ii) the Seller specifically notified the Buyer - Consumer before concluding the contract that some property of the item is different and the Buyer - Consumer expressly agreed to this when concluding the contract, or (iii) the Seller proves the opposite.

8.4. The Seller provides a warranty for the Goods for a period of 24 months, unless otherwise stated on the Goods or in the warranty certificate. The warranty period begins from the handover of the Goods to the Buyer; if the Goods were shipped according to the contract, it begins from the arrival of the Goods at the place of performance. The warranty period is calculated from the moment the complaint was filed until the time when the Buyer was obliged to take over the Goods after the complaint was settled. If the result of the complaint procedure is the replacement of the claimed product, the warranty period begins again from the acceptance of the new Goods. When replacing a defective part, the new warranty period applies only to the replaced part of the Subject of Sale.

8.5. In the event of exercising the right to remove a defect by repairing the item, the Buyer has the right to have the defect removed free of charge, in a timely manner and properly. The Seller is obliged to remove the claimed defect without undue delay, but no later than 30 calendar days from the date of the complaint. Defects that can be removed by repair are considered to be defects that can be removed without affecting the appearance, function and quality of the product. In the event of a defect that can be removed, the Buyer has the right to exchange the Goods or, in the event of a material breach of contract, also to withdraw from the Purchase Contract, if

a) the complaint has not been resolved within 30 calendar days from the date of its submission and no other agreement has been reached on the time for resolving the complaint (in this case, the Consumer may also request a reasonable discount),

b) unless otherwise provided by law, the Buyer cannot properly use the Subject of Sale due to the reoccurrence of a removable defect after repair or due to a larger number of removable defects. A reoccurrence of a defect after repair occurs if the same defect, which has already been removed at least twice during the warranty period, occurs again. The Subject of Sale suffers from a larger number of defects if, at the time of filing the complaint, it has at least three different (arising from different causes) removable defects.

8.6. If the defect is irremovable and prevents the Subject of Sale from being used properly as a product without defects, the Buyer has the right, unless otherwise provided by law, to demand the replacement of the product with a new one or to withdraw from the Purchase Agreement. An irremovable defect is a defect that cannot be removed or its removal is not expedient, taking into account all relevant circumstances.

8.7. Information on out-of-court settlement of consumer disputes: The Seller hereby informs the Consumer, pursuant to the provisions of Section 14 of Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the “Consumer Protection Act”), that disputes between the Seller and the Consumer that have not been settled directly can also be resolved through out-of-court settlement of consumer disputes. The competent entity for out-of-court settlement of consumer disputes is, in particular, the Czech Trade Inspectorate (website www.coi.cz); the Ministry of Industry and Trade maintains a list of entities for out-of-court settlement of consumer disputes. The Consumer can find more information on out-of-court settlement of consumer disputes at the website www.coi.cz/informace-o-adr. The Consumer can also use the online dispute resolution platform established by the European Commission at the website http://ec.europa.eu/consumers/odr/. The legal regulation of out-of-court settlement of consumer disputes is contained primarily in the provisions of Section 20d et seq. of the Consumer Protection Act.

Liability for defects in relation to the Buyer who is an Entrepreneur

8.8. The Seller provides the Buyer with a guarantee for the quality of the Subject of Sale, i.e. undertakes that the Subject of Sale will be suitable for use for its usual purpose and will retain its usual properties during the warranty period. The warranty period is 12 months and runs from the date of delivery of the Subject of Sale. However, if a different length of the warranty period, or the shelf life or usability period of the Subject of Sale is indicated on the Subject of Sale or on its packaging, this period applies.

8.9. In other respects, it regulates the rights and obligations of the Seller and the Buyer, especially the Buyer's claims arising from defects in the Subject of Sale, the provisions of Section 2113 et seq. of the Civil Code. The deadline for settling a complaint according to the provisions Section 8.5 of the Terms and Conditions is considered a reasonable additional period for performance. The Buyer may claim a discount on the Purchase Price or, in the event of a material breach of contract, withdraw from the Purchase Contract only after this period has expired.

Common provisions

8.10. A complaint can be filed at any store of the Seller's sales network in the Czech Republic. It is essential to file a complaint without undue delay, immediately as soon as the defect appears. Any delay in continuing to use the Goods may cause the defect to worsen, the Goods to deteriorate and may be the reason for the complaint to be rejected.

8.11. The complaint must be accompanied by a document certifying the date and place of receipt of the Subject of Sale, or a warranty certificate, if issued, the Subject of Sale itself in complete condition, cleaned, free from all impurities and hygienically safe, and the claimed defect of the Subject of Sale must be indicated. The Seller is entitled to refuse to accept for the complaint procedure Goods that do not meet the above-mentioned principles of general hygiene (Decree 306/2012 Coll., on the conditions for preventing the occurrence and spread of infectious diseases). By failing to provide a document certifying the date and place of receipt of the Subject of Sale, the Buyer runs the risk of not proving the timeliness of the complaint and the legitimacy of his claim.

8.12. If the Buyer exercises the right to defective performance, the Seller will confirm in writing when he exercised the right to liability for defects, and after settling the complaint, will also issue a confirmation of the method of resolving the complaint, as well as the implementation of any repairs and the duration of the complaint procedure.

8.13. The warranty does not apply to normal wear and tear, to the end of the product's service life due to excessive use beyond the expected use or purpose of the product, as well as due to inappropriate treatment and use contrary to the intended purpose. No claim can be made for defects for which a discount on the Purchase Price has been provided.

8.14. The Seller does not assume liability for damages resulting from the functional properties of the Goods, from improper use of the Goods or incorrect handling of the Goods. Defects of this origin are not covered by the warranty provided.

8.15. If, within the framework of the complaint procedure regarding a certain defect, it is decided that the complaint is unjustified, then a new complaint procedure regarding the same defect cannot take place and the Seller is entitled to refuse to accept the Subject of Performance for the complaint for this reason.

8.16. The Buyer is obliged to take over the Subject of Sale after the complaint has been settled. By sending the order via the Online Store, the Buyer confirms that in the event of the Buyer's delay in taking over the Subject of Sale, the Buyer is obliged to compensate the Seller for the costs related to the storage of the Subject of Sale, in a lump sum of 100 CZK for each day of delay. By sending the order via the Online Store, the Buyer confirms that in the event of the Buyer's delay in taking over the Subject of Sale for a period longer than six months from the date on which he was notified of the settlement of the complaint, and if it was not possible to notify the Buyer of the settlement of the complaint, then from the date on which the deadline for settling the complaint has expired, the Seller is entitled and authorized to ensure the liquidation of the Subject of Sale on behalf of the Buyer.

8.17 If the Buyer, who is in default of taking over the Subject of Sale, requests its re-shipment, then the Seller is obliged to send the Subject of Sale to the Buyer only on the condition that the Buyer pays in advance all costs related to this shipment.

8.18 The Consumer may file a complaint with the Seller by sending a written message to

email address info@blazek.cz or correspondence address BLAŽEK PRAHA as, Poděbradská 538/46, 190 00 Prague 9, or you can contact the relevant supervisory or state supervision authority with a complaint. The Seller will send information about the handling of the complaint to the Consumer's e-mail address.

Rights and obligations arising from defective performance are described in more detail in the Terms and Conditions.