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Complaint procedure

These general terms and conditions of KetoDiet CZ s.r.o., with its registered office at Kolovratská 58/1, Strašnice, 100 00 Praha 10, Id. No. 02648661, VAT No.: CZ02648661 (in Slovakia we use VAT No.: SK4120013854) registered in the Companies Registered kept by the Municipal Court in Prague, Section C, Inset 221830 (hereinafter only „We“) govern mutual rights and obligations arising out of or in connection with the Purchase Contact (hereinafter only the “Contract”) made by and between Us (as the “Seller”) and You (as the Buyer)  made through our online store KetoDiet located on the web interface www.ketodiet.cz or www.ketodiet.sk or www.ketodiet.eu (hereinafter the "Web Interface").

 

1. Who to address with the complaint?

You may exercise your rights arising in connection with defective performance at the following address of our business premises (see the below contact details ):

KetoDiet CZ s.r.o., Generála Svobody 748, 533 51 Pardubice

Tel.: +420 734 182 719, E-mail: info@ketodiet.cz

 

2. How do I make a complaint?

When exercising your right arising in connection with the defective performance, please proceed in line with these Complaints Procedure Rules to make sure that the complaint will be settled as soon as possible and to your satisfaction. To make it easier, we drafted a Complaints Form for you.

Please make the complaint without undue delay when you ascertain the defect. To speed the settlement of the complaint up, you make notify us about the complaint by phone or by e-mail in advance.

Wrap the goods subject of the complaint in an appropriate packaging so that the goods do not get damaged or destroyed while transported. Attach the Complaints Form to the parcel including the description of the goods and your suggested method of settlement of the complaint and, proof of purchase of the goods (e.g. delivery note or any other document proving the purchase of the goods). In virtue of the legislation, failure to provide any of the above documents does not mean your complaint will not be granted, but it may prolong the complaints procedure.

Send the goods subject of the complaint to our contact address. Please do not send it by COD, we are not obliged to accept it.

We will process the complaint received without undue delay, but no later than 30 days from the date of the delivery of the complaint, unless we agree otherwise. We will issue a written confirmation of your complaint and its settlement to you. If we process the complaint without undue delay, we will issue a confirmation of making the complaint or method of settlement of the complaint only at your express request; this does not affect your rights arising out of the applicable legislation.

Please note: If the goods are not defective, but they just do not correspond to your wishes or you want to return them without stating the reason, you may, as a consumer, withdraw from the contract within 14 days from the takeover of the goods in line with Article 5 of the General Terms and Conditions. In such a case please use the form “Notice of Withdrawal from the Contract”.

 

3. What are we liable for?

  • we guarantee that the Goods are free of any defects at the moment of takeover by you, (i) have the qualities that were agreed between us, and in the absence of such agreement the Goods have qualities described on the Web Interface or qualities that you could expect with regard to the nature of the Goods and based on advertising, (ii) the Goods are fit for the purpose as is indicated or for which this kind of Goods are usually used, (iii) the quality or design of the Goods corresponds to the agreed specimen or model if the quality or design were specified based on the agreed specimen or model, (iv) have been supplied in the corresponding quantity, size and weight; and (v) comply with the requirements of legal regulations.

A difference in colour shades between the real colour and the colour displayed on the electronic devices, or a difference between the colour and the natural colour of the product whose taste it has (e.g. a product with strawberry flavour does not have be red) cannot be regarded as a defect of the Goods.  

 

4. What is the warranty period?

If the food Goods displays an expiration date, the warranty applies to such date. In respect of unused consumer goods, the warranty period is twenty-four months from the acceptance of the Goods, unless a longer warranty period is specified on the Web Interface or in the documents attached to the Goods. In respect of used goods, the warranty period is twelve months from the takeover of the Goods.

If the defect shows within six months from its takeover, it is presumed that the Goods were defective already at the moment of its takeover. Any rights arising in connection with the defects that occurred in non-food goods, may be exercised within twenty-four months from the takeover.

 

5. What rights relating to defective Goods do you have?

If, during the warranty period, a defect occurs for which the purchased Goods cannot be used properly and this defect can be corrected, you are entitled to a free repair.

If there is a repairable defect in a product that has not been used yet, you can demand a replacement of the defective product by a defect-free one or a reasonable discount on the Purchase Price instead of having the defect repaired.

If the defect cannot be repaired and hinders the Goods from being used properly as defect-free, you have the right to a replacement of the item or a reasonable discount on the Purchase Price, or you have the right to withdraw from the Contract. You have the right to a reasonable discount also when we are unable to supply a new product without defects, replace a part of the product or repair it, or if we do not rectify the situation within a reasonable time or if the rectification would cause serious difficulties to you.

In respect of used Goods, you are only entitled to a reasonable discount on the Purchase Price. You do not have the right to withdraw from the Contract or the right to demand the delivery of a new item if you are not able to return the Goods in the same condition in which you received them (with the exception of cases stipulated in Section 2110 of the Civil Code).

 

6. When cannot the rights arising in connection with defective Goods be exercised?

You do not have rights relating to defective Goods if: (i) you knew about the defect before the takeover of the product, (ii) you have caused the defect yourself, (iii) the warranty period has expired.

The warranty and claims related to liability for defects also do not apply to (i) wear and tear caused by the use of the Goods, (ii) defects caused by improper use of the Goods, a failure to observer instructions, improper maintenance or improper storage.

As regards items sold at a lower price, we are not liable for the defect for which the lower price was agreed. We are not liable for any bodily harm or damage to property and Goods caused by unprofessional manipulation, failure to comply with the instructions and recommendations or by misuse of the Goods or by negligence.

 

7. What legislation can be applied?

Your rights arising in connection with the defective performance are governed by generally binding legislation (including without limitation Section 1914 to 1925, Section 2099 to 2117 and Section 2158 to 2174 of the Civil Code and of the Consumer Protection Act, as amended).

 

This Complaints Procedure Rules is valid and effective from 1. 6. 2019

 

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