Complaints Procedure
of trading company Hot House Cucumber s.r.o., with its registered office at Žižkova 708, Příbram II, 261 01, Czech Republic, identification No. 176 29 527, registered under file No. C 374196 in the Commercial Register maintained by the Municipal Court in Prague, (hereinafter the "Seller"), for the sale of goods and provision of services to natural persons - consumers (hereinafter the "Buyer") through the on-line shop operated at the Internet address www.hothousecucumber.com.
(hereinafter referred to as the "Complaints Procedure").
I. General Provisions
1. Complaints procedure. This Complaints Procedure is an integral part of the General Terms and Conditions for Sale to Consumers (hereinafter the “GTC-C”) and it sets up the steps to be followed when making a complaint about goods or services purchased from the Seller.
2. Obligation of the Buyer to become acquainted with the Complaints Procedure and GTC-C. The Buyer is obliged to get acquainted with the Complaints Procedure and GTC-C before ordering goods or services.
3. Buyer's consent. By concluding the contract and accepting the goods or a service from the Seller, the Buyer expresses his or her consent with the Complaints Procedure.
4. Definitions. Definitions of terms contained in the Complaints Procedure take precedence over definitions in GTC-C. If this Complaints Procedure does not define a term, the term has the meaning as defined in GTC-C. If it is not defined there, it has the meaning in which it is commonly used in valid and effective generally binding legal regulations.
5. Applicable regulations. The handling of complaints is subject to the provisions of Act No. 89/2012 Sb., Civil Code, and Act No. 634/1992 Sb., On Consumer Protection, both as amended.
II. Complaint Rules
1. How to make a complaint. The Buyer may lodge a complaint as follows:
a) In person at any business premises of the Seller during the business hours of the relevant premises.
b) In writing by sending the complaint to the following address of the Seller's business premises: Hot House Cucumber s.r.o., Žižkova 708, Příbram II, 261 01, Czech Republic.
2. Contact telephone number for the purposes of a complaint. The Seller can also be contacted by telephone at +420 774 420 662 or by email at office@hothousecucumber.com.
3. Submission of a complaint by the Buyer. The Buyer should submit / send the goods under complaint to the Seller, including all the parts of the goods and a duly completed Complaint Report, the sample of which can be downloaded from here. The Buyer shall attach to the Complaint Report the relevant invoice or shall prove in another credible manner that he or she has purchased the goods under complaint from the Seller. If the Buyer does not attach the Complaint Report to the complaint or does not duly complete it, the Seller may refuse the complaint without further action.
4. Completeness of the goods under complaint. The Buyer is obliged to submit the goods for the complaint handling complete. If the goods submitted by the Buyer are incomplete and the completeness of the goods is necessary to determine the existence of the claimed defect, and / or to remove it, the period of time for settling the claim will begin only after the delivery of the missing parts.
5. Hygiene requirements on submission. When making a complaint, the Buyer is obliged to submit the goods under complaint clean, in accordance with hygiene regulations and general hygiene principles. If the goods submitted do not meet hygiene regulations and general hygiene principles, the Seller may reject the claim.
6. Sending the goods under complaint. If the Buyer sends the goods to the Seller or a service centre by post or other carrier, he or she is obliged to pack the goods under complaint in a suitable and sufficiently protective packaging material which satisfies the transport requirements so that the goods are not damaged during transportation. If fragile goods are sent, the package must be marked with appropriate symbols. The Buyer is entitled to the reimbursement of costs which he or she reasonably expended to make a claim.
7. Buyer's cooperation. The Buyer is obliged to provide the Seller with all the assistance necessary to verify the existence of the claimed defect and to remove it (including testing or dismantling the product).
8. Immediate notification of defects. The Buyer is obliged to notify the Seller of a defect immediately after the defect has been discovered. Failure to do so may result in the Seller rejecting the claim.
9. Ordinary wear and tear. Ordinary wear and tear of goods is not considered to be a defect.
10. Defect caused by the Buyer. The Buyer shall not be entitled to any rights in connection with faulty performance if the Buyer himself or herself caused the defect.
11. Sale of second-hand and defective goods. If a product has been sold as second-hand, it is not possible to claim its defects corresponding to the degree of the product use or wear and tear at the time when the product was purchased by the Buyer. In the case of products that are sold at a lower price because (although new) they have a defect at the time of sale, it is not possible to claim defects due to which the product purchase price was reduced. The Seller is obliged to advise the Buyer that a product has a defect and what defect it is, unless the defect is obvious from the nature of the sale.
12. Data and information carried on the claimed product. The Seller shall not be liable for the Buyer's data and information stored on the hard disk, in the memory or on other data carriers that are part of the goods taken over for the complaint, nor for any loss of such data and information.
13. Repair of the product by an authorised service. The Buyer may also exercise his or her right to the product repair at an authorised service centre. The product may be delivered by the Buyer in person or by post or other carrier. The list of authorized service centres is attached to the warranty certificate, or the Seller can give it to the Buyer upon request.
14. Confirmation of receipt of the complaint. The Seller will confirm to the Buyer receipt of the complaint.
III. Warranty Period
1. Time limits for exercising rights. The Buyer is entitled to exercise his or her rights arisen from defective performance within the period specified by generally binding legal regulations, unless a longer period has been agreed between the Seller and the Buyer.
2. Liability for defects and quality guarantee. Liability for defects and quality guarantee for consumers are further regulated by the provisions of Article VII of GTC-C, which the Buyer may acquaint himself or herself with here.
IV. Settling Complaints
1. Claim settlement period. The Seller or an employee authorised by the Seller shall examine and settle the claim immediately, in complex cases within 3 (in words: three) working days. This period does not include a reasonable time needed for expert assessment of the defect, depending on the type of the claimed product or service. The Seller shall settle the claim no later than 30 (in words: thirty) days from the date of the claim, unless a longer period has been agreed between the Seller and the Buyer.
2. Ways of handling complaints. Complaints are handled in the following ways:
- If the defect can be removed without undue delay, the Buyer is entitled to the defect removal free of charge.
- The Buyer may also demand the delivery of a new product without defects, unless it is unreasonable due to the nature of the defect. If the defect concerns only a component of the product, the Buyer may only require replacement of the component. If the Buyer cannot properly use the product due to repeated occurrence of the defect after repair or due to a larger number of defects, he or she will have the right to receive a new product or have the relevant component replaced even in the case of a removable defect.
- The Buyer has the right to withdraw from the contract and demand a refund of the purchase price if the defect could not be removed by repair or replacement, if the Seller failed to remove the defect within the statutory period or if the Buyer cannot properly use the product due to the reoccurrence of the defect after repair or due to a larger number of defects.
- The Buyer has the right to demand a reasonable discount if he or she does not withdraw from the contract or does not exercise the right to receive a new product without defects or to have the defective component replaced or the product repaired, provided that the Seller is unable to deliver a new product without defects or to replace its component or to repair the product or fails to rectify the situation within a reasonable period of time or if the rectification would cause significant inconvenience to the Buyer.
3. Confirmation of claim settlement. Upon completion of the complaint procedure, the Seller shall confirm to the Buyer the date and method of handling the complaint and, if applicable, the repair and its duration in the Complaint Report copy. If the Seller assessed the claim as unjustified, the Buyer has the right to receive a written justification stating the reasons for the claim rejection.
The Complaints Procedure comes into force and effect on October 1, 2022.
The Seller reserves the right to make changes in the Complaints Procedure.
Sample complaint report for download: