Complaints Procedure
Complaints Procedure
Of trading company AdeBo CZ s.r.o., with its registered office at U Uranie 1475/20, Prague 7, 170 00, Czech Republic, identification No. 194 82 515, registered under file No. C 387323 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.itsafuckingcannabisstore.eu.
(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”) 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. The Buyer is obliged to get acquainted with the Complaints Procedure and GTC 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. If this Complaints Procedure does not define a term, the term has the meaning as defined in GTC. 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:
b) In writing by sending the complaint to the following by email at contact@itsafuckingvapestore.eu.
2. Complaint made by the Buyer. The Buyer must submit a duly completed complaint form to the Seller, a sample of which can be downloaded here. The Buyer must attach to the complaint form the relevant order number and a short video clearly showing the defect. If the Buyer fails to attach the claim form and the video clearly showing the defect to the claim, or fails to complete it correctly, the Seller may reject the claim without further action.
3. The vaporizer is a good within the meaning of Section 1837(g) of Act No. 89/2012 Coll., Civil Code ("goods in a sealed package which the consumer has removed from the packaging and which cannot therefore be returned for hygienic reasons") and therefore the purchase contract and delivery cannot be withdrawn.
4. 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.
5. Immediate notification of errors. The Buyer must notify the Seller of any defects within 48 hours of receipt. Failure to do so may result in the Seller rejecting the claim.
6. Ordinary wear and tear. Ordinary wear and tear of goods is not considered to be a defect.
7. 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.
8. 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 10. of GTC, 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.
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.