Complaints
COMPLAINTS RULES
These Complaints Procedures regulate the method and conditions of complaints about defects in goods purchased through the online store. www.oxoshop.cz operated by an entrepreneur
as a seller
and you as the buyer
1. What defects in goods are we liable for?
As a seller, we are responsible for: the goods are free of defects upon receiptThis means that the goods upon receipt shall in particular:
- has the properties that were agreed between us, that we describe, or that you could expect given the nature of the goods and based on advertising;
- is in corresponding quantity, measure or weight;
- complies with the requirements of legal regulations;
- the goods are suitable for the purpose we state or for which the purchased goods are usually used;
- a situation where we deliver goods other than those agreed between us is also considered a defect in the goods;
- corresponds to the quality that was agreed between us, or the quality established for the given type of goods by valid and effective legal regulations; and
- it has no legal defects, i.e. there is no third party property rights to the goods and the goods are equipped with documents and evidence necessary for the proper use of the goods.
We are further responsible to consumers for ensuring that these defects do not occur in warranty period. If you are not a consumer, the statutory warranty period according to Article 2 is not provided to you. Article 2 applies only to consumers.
We do not provide any quality guarantee beyond the statutory consumer warranty period.
If you are an entrepreneur, the rights of Defective performance is only established by a defect that the goods had when the risk of damage passed to the goods, even if it only becomes apparent later. In in the event that a defect occurs in dependence on the violation of any of the our obligations, you have rights from defective performance even in in such a case.
Differences in color shades in reality and on electronic display devices cannot be considered a defect in the goods. If the goods do not match your expectations and they are merchandise (clothing, accessories), you have the right to return them. If you are a consumer, you have the right to withdraw from the contract within 14 days of receiving the goods. accordance with Article 5 of the General Terms and Conditions.
If you are a consumer and the defect in the goods becomes apparent within six months of receipt, it is considered that the goods were defective upon receipt..
2. What is the warranty period?
For unused consumer goods, the warranty period is twenty-four months from receipt of goods, if not on the web interface, in documents attached to the goods or in advertising, a longer warranty period is specified. For used goods, the warranty period is twelve months from receipt of goods.
Please note that in In the event that your goods are replaced or repaired, a new warranty period does not apply to the new goods or replaced components and spare parts. However, the warranty period is in such a case, it is extended by the period during which you could not use the goods due to the defect, i.e. in particular by the period during which the goods are in repair.
3. What rights from Do you have a defective product?
Your rights from defective performance is governed by the Civil Code, in particular Sections 2099 to 2117 and, if you are a consumer, also Sections 2165 to 2174.
AND.If you are a consumer or entrepreneur:
IN In the event that a defect in the goods existed or is deemed to have existed when the goods were received, you have the rights listed below. defective performance.
If there is a defect in the goods material breach of contract, you have these rights from defective performance:
a) removal of the defect by delivering a new item without the defect or by delivering the missing item;
b) removal of the defect by repairing the item;
c) a reasonable discount on the purchase price; or
d) withdrawal from the contract.
IN in the event of a material breach of contract, upon notification of the defect or without undue delay after notification of the defect inform about what right from you have chosen defective performance. Please note that if you do not do so, you will only have the rights that you would have in the event of a non-material breach of contract. The choice made can only be changed after agreement with us.
If in If we do not remove the defect within a reasonable period of time, you may request a reasonable discount on the price instead of removing the defect. purchase price, or you can withdraw from the contract.
If there is a defect in the goods a minor breach of contract, you can request:
a) removal of the defect; or
b) a reasonable discount on the purchase price.
IN If we do not remove the defect in time or refuse to remove the defect, you can request a discount on the purchase price, or you can withdraw from the contract. The choice made can only be changed after agreement with us.
Please note that until you exercise your right to a discount from purchase price or you do not withdraw from the contract, we are entitled to deliver the missing goods to you or remove the legal defect (in particular, deliver the missing documents).
Exchange of goods or withdrawal from the contract cannot be requested in in case you cannot return the item in in that state, in in which you received it. This does not apply in in the event that:
a) there has been a change in condition as a result of an inspection to determine a defect in the item;
b) you used the item before the defect was discovered;
c) you have not made it impossible to return the item in its original condition through your actions or omissions; or
d) you sold the item before the defect was discovered, consumed it, or altered the item during normal use; if this happened only partially, you will return to us what you can still return and give us compensation up to the amount in which you benefited from using the thing.
B.Only if you are a consumer:
If a defect in a consumer product occurs in warranty period of twenty-four months from receipt of the goods (for used goods twelve months from receipt of the goods), you have the rights listed below from defective performance:
a) the right to exchange of goods you have in in the event that:
- the goods lose any of the following during the warranty period properties listed in Article 1 of the Complaints Procedure and it is not due to disproportionate to the nature of the defect;
- the defect is irreparable;
- you cannot use the goods properly due to the repeated occurrence of the defect after repair; or
- there are a large number of defects in the goods.
You cannot request an exchange of goods in in the event that the replacement of the goods would be disproportionate to the nature of the defect. In In such a case, you have the right to have the defect repaired free of charge.
You do not have the right to exchange goods even in cases where only a part (component) of the goods is defective.
You cannot request an exchange for goods that are used or sold at a lower price. Instead, you can request a reasonable discount.
b) the right to replacement of a defective part of the goods you have in in the event that:
- only a part (component) of the goods is defective;
- the defect is irreparable;
- you cannot use the goods properly due to the repeated occurrence of the defect after repair; or
- there are a large number of defects in the goods.
c) the right to reasonable discount from purchase prices you have in in case that
- you do not exercise the right to withdraw from the contract, exchange defective goods or parts of goods or repair goods;
- we are unable to replace or repair the goods or a part of them (for example, the goods are no longer produced);
- we will not make a correction in within a reasonable time, or cases where obtaining redress would cause you significant difficulties; or
- the thing has a defect, from to which we are obligated and it is an item sold at a lower price or a used item.
d) the right to withdrawal from the contract you have in in case that
- the defect is irreparable;
- you cannot use the goods properly due to the repeated occurrence of the defect after repair;
- if the goods have a large number of defects;
- we are unable to replace or repair the goods (for example, the goods are no longer produced); or
- it is not possible to exchange defective goods or parts of goods for perfect ones.
4. When can't rights be claim for defective performance?
Rights from You are not entitled to compensation for defective performance if:
- you knew about the defect before taking over the item;
- you caused the defect yourself; or
- the warranty period has expired.
Warranty and claims from Liability for defects does not apply to:
- wear and tear of the goods caused by their normal use;
- defects in used goods corresponding to the degree of use or wear and tear that the goods had in the moment you received it;
- items sold at a lower price – only in relation to the defect for which the lower price was agreed; or
- if it results from the nature of the matter.
5. How to proceed with a complaint?
Please submit a complaint to us without undue delay after discovering the defect. IN In accordance with the Consumer Protection Act, we accept complaints:
- by email at eshop@oxotea.czRecommended procedure for complaints:
- for faster processing, you can inform us about your complaint in advance by e-mail or in writing;
- at the same time, it is appropriate to inform us about what right from you have chosen the defective performance, i.e. whether you have accordance with by this complaint procedure, interest in repairing the item, exchanging the goods or their parts, withdrawing from the contract, discounting the purchase price, or other rights in accordance with these complaints procedures and the Civil Code;
- you deliver the claimed goods to us (other than cash on delivery, which we do not accept), and when sending, we recommend that you pack the goods in suitable packaging to prevent damage or destruction;
- To facilitate the procedure, it is advisable to attach a proof of purchase or a tax document - invoice, if issued, or another document proving the purchase of the goods, along with a description of the defect and a proposal for how to resolve the complaint.
Failure to comply with any of the the above steps or failure to submit any of the the above documents do not prevent the positive settlement of the complaint according to legal conditions.
The moment of claiming a claim is the moment when we were notified of the occurrence of a defect and the right to liability for defects in the sold item was exercised.
We handle received complaints immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, will be handled without undue delay, no later than 30 days from the date of the complaint, unless we agree on a longer period.
After the complaint has been resolved, we will issue you with a confirmation of the date and method of resolving the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint.
IN accordance with According to the Civil Code, you have the right to reimbursement of reasonable expenses incurred when making a complaint about goods. Please note that you must exercise your right to reimbursement of these expenses within one month of the expiry of the period within which the defect must be pointed out.
These Complaints Procedures regulate the method and conditions of complaints about defects in goods purchased through the online store. www.oxoshop.cz operated by an entrepreneur
Bubblestar CZ s.r.o., Křížikova 703/97a, 186 00 Prague 8, Czech Republic
ID: 02724758
VAT number: CZ02724758
Delivery address: Bubblestar CZ s.r.o., Krizikova 97a, 186 00 Prague 8
Contact email: eshop@oxotea.cz
as a seller
and you as the buyer
1. What defects in goods are we liable for?
As a seller, we are responsible for: the goods are free of defects upon receiptThis means that the goods upon receipt shall in particular:
- has the properties that were agreed between us, that we describe, or that you could expect given the nature of the goods and based on advertising;
- is in corresponding quantity, measure or weight;
- complies with the requirements of legal regulations;
- the goods are suitable for the purpose we state or for which the purchased goods are usually used;
- a situation where we deliver goods other than those agreed between us is also considered a defect in the goods;
- corresponds to the quality that was agreed between us, or the quality established for the given type of goods by valid and effective legal regulations; and
- it has no legal defects, i.e. there is no third party property rights to the goods and the goods are equipped with documents and evidence necessary for the proper use of the goods.
We are further responsible to consumers for ensuring that these defects do not occur in warranty period. If you are not a consumer, the statutory warranty period according to Article 2 is not provided to you. Article 2 applies only to consumers.
We do not provide any quality guarantee beyond the statutory consumer warranty period.
If you are an entrepreneur, the rights of Defective performance is only established by a defect that the goods had when the risk of damage passed to the goods, even if it only becomes apparent later. In in the event that a defect occurs in dependence on the violation of any of the our obligations, you have rights from defective performance even in in such a case.
Differences in color shades in reality and on electronic display devices cannot be considered a defect in the goods. If the goods do not match your expectations and they are merchandise (clothing, accessories), you have the right to return them. If you are a consumer, you have the right to withdraw from the contract within 14 days of receiving the goods. accordance with Article 5 of the General Terms and Conditions.
If you are a consumer and the defect in the goods becomes apparent within six months of receipt, it is considered that the goods were defective upon receipt..
2. What is the warranty period?
For unused consumer goods, the warranty period is twenty-four months from receipt of goods, if not on the web interface, in documents attached to the goods or in advertising, a longer warranty period is specified. For used goods, the warranty period is twelve months from receipt of goods.
Please note that in In the event that your goods are replaced or repaired, a new warranty period does not apply to the new goods or replaced components and spare parts. However, the warranty period is in such a case, it is extended by the period during which you could not use the goods due to the defect, i.e. in particular by the period during which the goods are in repair.
3. What rights from Do you have a defective product?
Your rights from defective performance is governed by the Civil Code, in particular Sections 2099 to 2117 and, if you are a consumer, also Sections 2165 to 2174.
AND.If you are a consumer or entrepreneur:
IN In the event that a defect in the goods existed or is deemed to have existed when the goods were received, you have the rights listed below. defective performance.
If there is a defect in the goods material breach of contract, you have these rights from defective performance:
a) removal of the defect by delivering a new item without the defect or by delivering the missing item;
b) removal of the defect by repairing the item;
c) a reasonable discount on the purchase price; or
d) withdrawal from the contract.
IN in the event of a material breach of contract, upon notification of the defect or without undue delay after notification of the defect inform about what right from you have chosen defective performance. Please note that if you do not do so, you will only have the rights that you would have in the event of a non-material breach of contract. The choice made can only be changed after agreement with us.
If in If we do not remove the defect within a reasonable period of time, you may request a reasonable discount on the price instead of removing the defect. purchase price, or you can withdraw from the contract.
If there is a defect in the goods a minor breach of contract, you can request:
a) removal of the defect; or
b) a reasonable discount on the purchase price.
IN If we do not remove the defect in time or refuse to remove the defect, you can request a discount on the purchase price, or you can withdraw from the contract. The choice made can only be changed after agreement with us.
Please note that until you exercise your right to a discount from purchase price or you do not withdraw from the contract, we are entitled to deliver the missing goods to you or remove the legal defect (in particular, deliver the missing documents).
Exchange of goods or withdrawal from the contract cannot be requested in in case you cannot return the item in in that state, in in which you received it. This does not apply in in the event that:
a) there has been a change in condition as a result of an inspection to determine a defect in the item;
b) you used the item before the defect was discovered;
c) you have not made it impossible to return the item in its original condition through your actions or omissions; or
d) you sold the item before the defect was discovered, consumed it, or altered the item during normal use; if this happened only partially, you will return to us what you can still return and give us compensation up to the amount in which you benefited from using the thing.
B.Only if you are a consumer:
If a defect in a consumer product occurs in warranty period of twenty-four months from receipt of the goods (for used goods twelve months from receipt of the goods), you have the rights listed below from defective performance:
a) the right to exchange of goods you have in in the event that:
- the goods lose any of the following during the warranty period properties listed in Article 1 of the Complaints Procedure and it is not due to disproportionate to the nature of the defect;
- the defect is irreparable;
- you cannot use the goods properly due to the repeated occurrence of the defect after repair; or
- there are a large number of defects in the goods.
You cannot request an exchange of goods in in the event that the replacement of the goods would be disproportionate to the nature of the defect. In In such a case, you have the right to have the defect repaired free of charge.
You do not have the right to exchange goods even in cases where only a part (component) of the goods is defective.
You cannot request an exchange for goods that are used or sold at a lower price. Instead, you can request a reasonable discount.
b) the right to replacement of a defective part of the goods you have in in the event that:
- only a part (component) of the goods is defective;
- the defect is irreparable;
- you cannot use the goods properly due to the repeated occurrence of the defect after repair; or
- there are a large number of defects in the goods.
c) the right to reasonable discount from purchase prices you have in in case that
- you do not exercise the right to withdraw from the contract, exchange defective goods or parts of goods or repair goods;
- we are unable to replace or repair the goods or a part of them (for example, the goods are no longer produced);
- we will not make a correction in within a reasonable time, or cases where obtaining redress would cause you significant difficulties; or
- the thing has a defect, from to which we are obligated and it is an item sold at a lower price or a used item.
d) the right to withdrawal from the contract you have in in case that
- the defect is irreparable;
- you cannot use the goods properly due to the repeated occurrence of the defect after repair;
- if the goods have a large number of defects;
- we are unable to replace or repair the goods (for example, the goods are no longer produced); or
- it is not possible to exchange defective goods or parts of goods for perfect ones.
4. When can't rights be claim for defective performance?
Rights from You are not entitled to compensation for defective performance if:
- you knew about the defect before taking over the item;
- you caused the defect yourself; or
- the warranty period has expired.
Warranty and claims from Liability for defects does not apply to:
- wear and tear of the goods caused by their normal use;
- defects in used goods corresponding to the degree of use or wear and tear that the goods had in the moment you received it;
- items sold at a lower price – only in relation to the defect for which the lower price was agreed; or
- if it results from the nature of the matter.
5. How to proceed with a complaint?
Please submit a complaint to us without undue delay after discovering the defect. IN In accordance with the Consumer Protection Act, we accept complaints:
- by email at eshop@oxotea.cz
- for faster processing, you can inform us about your complaint in advance by e-mail or in writing;
- at the same time, it is appropriate to inform us about what right from you have chosen the defective performance, i.e. whether you have accordance with by this complaint procedure, interest in repairing the item, exchanging the goods or their parts, withdrawing from the contract, discounting the purchase price, or other rights in accordance with these complaints procedures and the Civil Code;
- you deliver the claimed goods to us (other than cash on delivery, which we do not accept), and when sending, we recommend that you pack the goods in suitable packaging to prevent damage or destruction;
- To facilitate the procedure, it is advisable to attach a proof of purchase or a tax document - invoice, if issued, or another document proving the purchase of the goods, along with a description of the defect and a proposal for how to resolve the complaint.
Failure to comply with any of the the above steps or failure to submit any of the the above documents do not prevent the positive settlement of the complaint according to legal conditions.
The moment of claiming a claim is the moment when we were notified of the occurrence of a defect and the right to liability for defects in the sold item was exercised.
We handle received complaints immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, will be handled without undue delay, no later than 30 days from the date of the complaint, unless we agree on a longer period.
After the complaint has been resolved, we will issue you with a confirmation of the date and method of resolving the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint.
IN accordance with According to the Civil Code, you have the right to reimbursement of reasonable expenses incurred when making a complaint about goods. Please note that you must exercise your right to reimbursement of these expenses within one month of the expiry of the period within which the defect must be pointed out.