Complaints
1. At what point and how do I have to inform the customer about the possibilities of a complaint?
At the time of sale itself. Therefore, for the purposes of offers on Slevomat.cz, you must add a complaints policy or terms and conditions to each offer (if your complaints policy is part of the terms and conditions):
💡 Since 1 February 2016, the terms and conditions must include a section on the possibility of out-of-court dispute resolution through the CTIA. For example, you can find possible wording here.
2. How long does the customer have for a complaint?
The customer has 24 months from the date of acceptance to exercise his rights under the defective performance.
If the buyer is a business, you may or may not offer a warranty period.
3. Do I have to reimburse the customer for shipping costs?
Yes, if the claim is justified. You are obliged to reimburse the customer for the least necessary shipping costs. If the customer would like to send the goods to you by courier, for example, you only need to reimburse the cost of an ordinary Czech Post parcel.
4. How is the time limit for processing a complaint calculated?
You know that you have 30 days to deal with the complaint. However, you may not know that you should decide on the complaint (i.e. accept it) immediately, within a maximum of 3 working days. This 3 working day period does not include the time taken to professionally assess the defect, which is reasonable for the type of product or service.
Furthermore:
- You should settle your complaint as quickly as possible.
- The time limit for processing starts the next working day after the customer requests the claim.
- You may agree with the customer to extend this time limit, in which case you should communicate in writing.
- If the time limit expires, the customer has the right to withdraw from the contract and you must refund the money.
5. Who is liable for defects on receipt?
You as the seller. This applies even if the defect does not become apparent until later.
6. If the customer claims the goods, does he have to deliver them in the original packaging?
No.
Withdrawal from the contract
1. When can the customer withdraw from the contract?
- If the customer enters into a contract by means of distance communication (typically via the internet), the customer may withdraw from the contract within 14 days of receipt of the performance (i.e. the goods or voucher).
- Personal collection, for example at your shop, does not affect this provision.
- You can also agree with the customer to withdraw from the contract before collection, for example if they change their mind before dispatch.
- If you do not send the goods at the same time (for example, if one product in the order is delayed), the 14-day period will only start when the last part is delivered.
In certain cases, you cannot withdraw from the contract, for example for an order of photographic products. See all exceptions
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According to Article 1837 of the Civil Code, the consumer cannot withdraw from the contract (a) for the provision of services if they have been performed with his prior express consent before the expiry of the withdrawal period and the entrepreneur has informed the consumer before the conclusion of the contract that he has no right to withdraw from the contract in such a case, (b) the supply of goods or services the price of which depends on financial market fluctuations independent of the entrepreneur's will and which may occur during the withdrawal period, © for the delivery of alcoholic beverages which may be delivered after the expiry of 30 days and the price of which depends on financial market fluctuations independent of the entrepreneur's will, (d) the supply of goods which have been customised to the consumer's wishes or for his person (for example, photographic products), (e) the supply of perishable goods and goods which have been irretrievably mixed with other goods after delivery, (f) for repair or maintenance carried out at a place designated by the consumer at his request; this shall not apply, however, in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested, (g) the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons, (h) the supply of an audio or visual recording or a computer program where the original packaging has been damaged, (i) the supply of newspapers, periodicals or magazines, (…) (l) for the supply of digital content, unless it was supplied on a tangible medium and was supplied with the prior express consent of the consumer before the expiry of the withdrawal period and the trader has informed the consumer before the conclusion of the contract that in such a case he has no right of withdrawal. |
2. If the customer withdraws from the contract, do I have to refund the amount including postage?
- Yes, the customer must be refunded the full amount of the goods, including shipping costs. So if the goods cost CZK 300 and the shipping costs CZK 50, you will refund CZK 350. Just cancel the order on Slevomat.cz, the customer will get a refund and the order will not be included in your bill.
- However, you do not have to pay the customer the cost of shipping back to you. However, you must inform them that you will not pay for them, for example in the terms and conditions.
3. Does the customer have to return the product in its original packaging if they withdraw from the contract or make a complaint?
They don't have to, the packaging is not part of the item you are buying. At the same time, the customer cannot withdraw from the contract
- for the supply of goods in closed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons,
- the supply of an audio or visual recording or a computer program if the original packaging has been damaged.
4. What to do if the customer damages the item and withdraws from the contract?
If the customer withdraws from the contract, you may charge him or her an amount equivalent to the diminished value of the goods.