Complaints Procedure

Complaints Procedure

This Complaints Procedure (hereinafter referred to as the "Complaints Procedure") regulates the method and conditions for claiming defects in goods purchased by the consumer through the Rozkoššš online shop from the entrepreneur:

Rozkoššš s.r.o., with registered office at Radnická 376/11, Brno-město, 602 00 Brno

IČO: 14363232

DIČ: CZ14363232

is a VAT payer

registered in the Trade Register kept at the Blansko Municipal Office

Delivery address: Ješetinská 532, 679 21 Černá Hora

Telephone number: 725 813 639

contact e-mail: info@rozkosss.cz



What defects are we responsible for?
As the seller, we are responsible for ensuring that the goods you ordered have been delivered to you and that the goods are free from defects on receipt. This means that the goods, in particular, are not defective on receipt:
it has the characteristics that were agreed between us, that we describe or that you could have expected in view of the nature of the goods and on the basis of the advertisement;
is in the appropriate quantity, measure or weight;
complies with the requirements of the law;
is fit for the purpose we state or for which the goods you have purchased are usually used;
is of the quality agreed between us or, where applicable, of the quality required by applicable and effective law for the type of goods; and
is free from legal defects, i.e. the goods are free from third party property rights and are accompanied by the documents and papers necessary for the proper use of the goods.
Furthermore, we are responsible for ensuring that these defects do not occur within the warranty period. We do not provide any guarantee of quality beyond the statutory warranty period for consumers.

Differences in colour shades in reality and on electronic display devices cannot be considered as a defect of the goods. If the goods do not correspond to your expectations, you have the right to withdraw from the contract within 14 days of receipt of the goods in accordance with Article 6 of the General Terms and Conditions.


What is the warranty period?
For consumer goods, the warranty period is twenty-four months from receipt of the goods, unless a longer warranty period is specified on the web interface, in the documents accompanying the goods or in the advertising.
If a minimum durability date is indicated on the goods or, in the case of perishable goods, a period of time for which the goods may be used is indicated, the warranty period lasts until such date.
If the goods are replaced or repaired, the new goods or the replaced parts and spare parts will not be subject to the new warranty period. However, in such a case, the warranty period is extended by the period of time during which you were unable to use the goods due to the defect, i.e. in particular the period of time during which the goods are under repair.


What rights do you have under the defective performance?
Your rights arising from defective performance are governed by the Civil Code, in particular Sections 2099 to 2117 and also Sections 2165 to 2174.
According to the above provisions, you are entitled to the following rights in particular:
Completing what is missing
If we deliver goods to you in less than the agreed quantity or if we deliver incomplete goods, you have the right to have what is missing made up.

A discount on the purchase price
If there was a defect in the goods when you received them or if the defect occurred within the warranty period, you can always claim a reasonable discount on the purchase price.

Replacement of the goods or defective parts of the goods
You may always request replacement of the goods or defective parts of the goods, unless this is disproportionate to the nature of the defect (i.e. in particular where immediate repair is not possible) and unless it is only a minor breach of contract.

You do not have the right to have the goods replaced if only a part (component) of the goods is defective. If we conclude that only part of the goods is defective during the complaint procedure, we will replace that part.

You cannot ask for a replacement for goods that are used or sold at a lower price. Instead, you can claim a discount on the purchase price.

Repairing the item
If the goods can be repaired, you have the right to have the defect rectified free of charge. If it becomes apparent during the complaint procedure that we are unable to repair the goods, we will inform you immediately and you may choose another method of dealing with the complaint as set out here.

Refund (withdrawal)
You can only claim a refund if:

our delivery of a defective or incomplete item constitutes a material breach of contract; or
we are unable to remedy the defect which prevents you from using the goods properly or we are unable to replace the defective goods (e.g. the goods are no longer manufactured); or
you cannot use the goods properly because of the recurrence of the defect after the repair (recurrence of the same defect after at least two previous repairs); or
the goods have multiple defects (simultaneous occurrence of at least three repairable defects, each of which prevents the goods from being used properly); or
we fail to comply with the deadline for handling the complaint/arrange for rectification within 30 days of the complaint.
As a condition for the exchange of goods or refund (withdrawal), you must return the item in the same condition as you received it. Exceptions are if:
there has been a change in condition as a result of an inspection to detect a defect in the item;
you used the item before the defect was discovered;
you did not make it impossible to return the item in its unaltered condition by your act or omission; or
you have sold the item before the defect was discovered, consumed it or altered it in the course of normal use; if this has happened only in part, you shall return to us what you can still return and compensate us to the extent that you have benefited from the use of the item.


When can I not exercise my rights under defective performance?
You are not entitled to defective performance rights if:
you knew about the defect before you took delivery of the goods;
you caused the defect; or
the warranty period has expired.
Furthermore, the warranty and liability claims do not apply to:
Wear and tear caused by normal use (wear and tear caused by use is also considered to be a reduction in the capacity of batteries and accumulators);
defects in the used item corresponding to the level of use or wear and tear that the goods had at the time you took delivery of them;
items sold at a lower price - only in relation to the defect for which the lower price was agreed; or
goods where this is apparent from their nature (in particular, goods which by their nature cannot last for the full duration of the guarantee period).


What is the procedure for making a claim?
You must file a claim with us without undue delay after the defect has been discovered.
We accept complaints at our registered office. We do not have a location where claims can be accepted.
Recommended complaint procedure:
For faster processing, you can inform us of the claim in advance by phone, e-mail or in writing;
at the same time, it is advisable to inform us of the right you have chosen from the defective performance, i.e. whether you are interested in the completion of what is missing, a discount on the purchase price, replacement of the goods or their defective parts, repair of the item, refund of money, or other rights in accordance with this Complaints Procedure and the Civil Code;
deliver the claimed goods to us together with the claim or subsequently (otherwise than by cash on delivery, which we do not accept) to the address of our registered office, and when sending the goods we recommend that they be packed in suitable packaging to prevent damage or destruction;
to facilitate the procedure, it is advisable to enclose the proof of purchase of the goods or the tax document - invoice, if issued, or other document proving the purchase of the goods, together with a description of the defect and a proposal for the resolution of the complaint.
Failure to comply with any of the above steps or failure to submit any of the above documents shall not preclude the positive settlement of the claim in accordance with the statutory conditions.

The moment of filing a claim is the moment when we are notified of the defect.
We decide on the received complaint immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of product required for a professional assessment of the defect. Complaints, including any rectification of the defect, will be dealt with without undue delay, at the latest within 30 days of the date of the complaint, unless a longer period is agreed.
If you choose a right that cannot be granted for objective reasons (in particular in the case of irremovable defects or in the case of replacement of goods that is not possible), we will contact you immediately. In such a case, you may choose another right in accordance with this Complaints Procedure.
When you make a claim, we will issue you with a written confirmation of when you exercised the right, what is the content of the claim and what method of handling the claim you require. We will also (after the claim has been settled) issue you with a confirmation of the date and method of settlement of the claim, including confirmation of the repair and the duration of the repair, or a written statement of reasons for rejecting the claim.
In accordance with the Civil Code, you are entitled to reimbursement of the costs reasonably incurred in claiming the goods. Please note that the right to reimbursement of these costs must be exercised within one month after the expiry of the period within which the defect must be claimed.




This Complaints Procedure is valid and effective from 8.8.2019.