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This Complaint Procedure provides for the terms and conditions for making complaints about defective goods purchased through the KetoDiet online store from our Company, KetoDiet CZ s.r.o., with its registered office at Kolovratská 58/1, Strašnice, 100 00 Prague 10
Company Identification No.: 02648661
Tax Identification No.: CZ02648661
registered in the Commercial Register of the Municipal Court in Prague, Section C, Insert No. 221830
Delivery address: KetoDiet CZ s.r.o., Generála Svobody 748, 533 51 Pardubice, Czech Republic
1. What defects in goods are we liable for?
As the Seller, we guarantee that the Goods are free from any defects at the moment of their acceptance by the Customer. This means that the Goods:
- have the qualities that were agreed between us, that we have described or that you could expect with regard to the nature of the Goods and based on advertising;
- have been supplied in the corresponding quantity, size and weight;
- and comply with the requirements of legal regulations.
A difference in colour shades in reality and on electronic display devices cannot be regarded as a defect in the Goods. If the Goods do not match your expectations, you, as the Consumer, have the right to withdraw from the Contract within 14 days of the acceptance of the Goods in accordance with Article 5 of the General Terms and Conditions.
If the defect occurs within six months from the acceptance, the Goods will be regarded as having been defective upon acceptance. We are also liable for defects that occur during the warranty period. If you are not a Consumer, you are not provided with warranty for the quality of Goods. Article 2 applies to Consumers only.
2. What is the warranty period?
In respect of unused consumer goods, the warranty period equals twenty-four months from the acceptance of the Goods, unless a longer warranty period is specified on the Website Interface or in the documents attached to the Goods. In respect of used goods, the warranty period equals twelve months from the acceptance of the Goods. If the Goods carry a date of minimum durability, the warranty period lasts until such date.
3. 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 may demand that the defective product be replaced by a defect-free one or you may demand 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).
4. When cannot the rights relating to defective Goods be exercised?
You do not have the rights relating to the defective Goods if:
- you knew about the defect before the acceptance of the product;
- you have caused the defect yourself;
- the warranty period has expired.
The warranty and claims related to liability for defects also do not apply to:
- wear and tear caused by the use of the Goods;
- 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 responsible for injuries of persons or damage to property and Goods that will be caused by incorrect use or misuse of the Goods or negligence.
5. How to proceed when making a complaint?
Please make a complaint to our Company without undue delay after ascertaining the defect.
You can make a complaint in the following way:
- for faster clearance, please inform us of the complaint in advance by phone, e-mail or in writing.
- please deliver the claimed Goods (but not on the COD basis, which we do not accept) to our contact address.
When sending the Goods back to us, pack them in a suitable packaging to protect them from any damage or destruction.
It is advisable to attach a proof of purchase of the Goods or an invoice, if one was issued, or another document proving the purchase of the Goods together with a description of the defect and the proposed method of the complaint settlement. Under the statutory provisions, your claim may be granted even if you fail to submit any of the above-mentioned documents.
A complaint is considered to be made at the moment we are notified of the occurrence of the defect and the right arising from liability for defective goods is exercised. We will process the complaints received without undue delay, but no later than within 30 days from the date of the complaint, unless agreed otherwise. We will issue a written confirmation of your complaint and its settlement to you.
If the complaint is disputable, we will decide on its acceptance within three business days from the date of the complaint.
This Complaints Procedure is effective as of 1 September, 2018.