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Complaint

Complaint

Trade company SIBERIAN HEALTH s.r.o. registered with the Trade Register of the Municipal Court of Prague, Section C, Insert 208251, ID 01543954, Taxpayer No. CZ01543954, located at Vojtěšská 212/8, Praha 1 – Nové město 110 00, the Czech Republic (hereinafter referred to as the Seller or SIBERIAN HEALTH s.r.o.).

I. General
1. The claims procedure was compiled in accordance with provisions of Act No. 89/2012 Coll. of Civil Code (hereinafter referred to as the NCC), and Act No. 634/1992 Coll., Consumer Protection Act, as amended (the Act), and applies to consumer goods (the Goods) with regard to which, during the Warranty Period, the Buyer's right to hold the Seller liable for the failures (hereinafter referred to as the Claim) is executed.
2. The claims procedure is an integral part of the International Commercial Terms.  By concluding the Sales Agreement, the Buyer agrees with the International Commercial Terms and the Claims Procedure and confirms that he/she has adequately read and understood them.
3. The client of the SIBERIAN HEALTH s.r.o. E-shop (hereinafter referred to as www.siberianhealth.com) is either the Buyer-consumer in accordance with § 2, item 1, letter A of Act no. 634/1992 of the Coll., on consumer protection (hereinafter referred to as the Buyer-consumer), or the Buyer-entrepreneur who, when concluding and performing the Sales Agreement, acts within his/her business activity (hereinafter referred to as the Buyer-entrepreneur), which are collectively referred to as the Buyer.
4. The Seller, when concluding the Sales Agreement and in the course of its performance, acts within his/her business activity. The Seller is an entrepreneur who supplies the products or provides services to the Buyer.

II. The Seller's Responsibility
1. The Seller shall be responsible to the Buyer (in particular, when the Buyer has accepted the Goods) and shall guarantee that the Goods are transferred to the delivery service without any failures, namely:
– the Goods are of proper quality, which has been agreed by the parties; in case such agreement is absent, the Goods possess the characteristics declared by the Seller or manufacturer, or they satisfy the Buyer's expectations based on the Goods' nature or advertisement by the Seller or manufacturer;
– the Goods are suitable for the purposes stated by the Seller or for which this type of Goods is usually used;
– the quality and design of the Goods correspond to a specimen or a sample, which were defined in accordance with the agreement;
– the quantity and the weight of the Goods correspond to the declared ones; and
– the Goods comply with the regulatory requirements.
2. The Goods are accompanied by the sales receipt (invoice) and, in case of particular types of Goods, also by the warranty card. If the Goods are supplied without the warranty card, then the sales receipt or invoice document shall be used for Claims submission.

III. Rights and Responsibilities in Terms of Faulty Workmanship
1. The parties' rights and responsibilities in terms of faulty workmanship are governed by the general civil regulations (in particular, resolutions § 1914–1925, § 2099–2117, and § 2161–2174 of the Civil Code and Act No. 634/1992, Coll. On Consumer Protection as amended).
2. The Seller shall be responsible to the Buyer (in particular, when the Buyer has accepted the Goods) and shall guarantee that the Goods are transferred to the delivery service without any failures, namely:
– the Goods are of proper quality, which has been agreed by the parties; in case such agreement is absent, the Goods possess the characteristics declared by the Seller or manufacturer, or they satisfy the Buyer's expectations based on the Goods' nature or advertisement by the Seller or manufacturer;
– the Goods are suitable for the purposes stated by the Seller or for which this type of Goods is usually used;
– the quality and design of the Goods correspond to a specimen or a sample, which were defined in accordance with the agreement;
– the quantity and the weight of the Goods correspond to the declared ones; and
– the Goods comply with the law and regulatory requirements.
3. The Buyer submits a claim to the Seller with regard to the Goods' failures in the Seller's premises, where it is possible to do based on the range of sold Goods.

IV. Warranty Period
The Seller guarantees that the Goods will be suitable for their regular purpose during a certain period, within which they retain their regular properties. The Warranty Period starts at the moment of transferring the Goods to the Buyer, and in case of delivering the Goods in accordance with the agreement, at the moment of delivering to the destination point.
1. The Claim submitted by the Buyer-consumer shall be considered, including failures repair, without delay, within thirty (30) days from the date of submission, if only the Seller and the Buyer-consumer have not agreed any longer period. Thirty-day period starts with the day following the day of Claim submission in accordance with provisions of § 605 of NCC. Upon the expiration of this period, the Buyer-consumer is admitted to have the same rights as in case of material violation of the agreement by the Seller. The period of thirty (30) days is not mandatory for the Buyer-entrepreneur.
2. The Buyer-consumer may obtain information on the Claim consideration results at the company's address where the Claim was submitted, or by phone number +420-222-523-021.
3. The Buyer shall provide the Seller or the authorized service center with all required assistance in order to check the failure presence and to repair the failure (including the product's testing or dismantling). When submitting the Claim, the Buyer shall transfer the Goods in a clean condition in accordance with hygienic prescriptions and general hygienic principles.
 
V. Refusal to Accept Claim
1. The Seller has the right to refuse to accept the Claim, if the Goods transferred do not comply with hygienic prescriptions and general hygienic principles.

Alternative dispute resolution of sales and purchase agreements is performed through the Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Praha 2, ID 00020869, www.coi.cz.

Online dispute resolution.
According to Art. 14. 1 ODR-VO: the European Commission offers a platform for online dispute regulation – you may find it here. The platform is available since 15.02.2016.
Contact email address: info_eshop@sibvaleo.com
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