of the company
Rawbark s.r.o., with its registered office at Slaměníkova 316/27, 614 00 Brno, Maloměřice
identification number: 09415629
registered in the Commercial Register kept by the Krajský soud v Brně (Regional Court in Brno), Section C, Insert 118939
for the sale of goods through the online shop at www.rawbark.cz
phone: +420 773 726 516
email: info@rawbark.cz
This Complaints Procedure of the company Rawbark s.r.o., with its registered office at Slaměníkova 316/27, 614 00 Brno, Maloměřice, identification number: 09415629, registered in the Commercial Register kept by the
Regional Court in Brno, Section C, Insert 118939 (the “seller”), governs the
complaints procedure when a claim is made under liability for defects in goods purchased
by a buyer – consumer through the seller's online shop. The online
shop is operated by the seller on the website at the internet
address www.rawbark.cz (the “website”), via the website
interface (the “shop web interface”). The seller's liability for defects
in goods as such, i.e. in particular the rights arising from defective performance, is set out in the seller's Terms and Conditions
published on the shop web interface. This Complaints Procedure has been drawn up
in accordance with Act No. 89/2012 Coll., the Civil Code, as amended (the
“Civil Code”), and Act No. 634/1992 Coll., on Consumer Protection, as amended.
I. General provisions:
- For the purposes of this Complaints Procedure, the buyer means a consumer within the meaning of Section 419
of the Civil Code, i.e. “A consumer is any person who, outside the scope of their
business activity or outside the scope of the independent exercise of their profession, enters into
a contract with a business or otherwise deals with it.”, as well as within the meaning of Section 1(a) of the Act on
Consumer Protection, i.e.: “a natural person who is not acting in the course of their business activity
or in the course of the independent exercise of their profession.” - A complaint means the buyer's claim under the seller's liability for a defect
in the goods (or under a quality guarantee) that occurs in goods supplied by the seller and
which the buyer notifies, specifies and duly evidences to the seller within the
time limit, under the conditions and in the manner set out in this Complaints Procedure. The moment
a complaint is made is the moment the seller is notified of the defect and the
right arising from defective performance of the purchased goods is exercised. - A complaint may only be made for goods demonstrably purchased and paid for at
the seller. This can be proven in particular by a receipt, till receipt, sales slip,
delivery note, invoice or another valid document, or in a similar way
showing that the goods were purchased and paid for at Rawbark s.r.o. - If the buyer so requests, the seller shall confirm in writing the extent and
duration of the seller's obligations in the event of defective performance (the
“Confirmation”). In the Confirmation the seller shall also state its name, registered office and identification details.
Unless the nature of the item prevents it, the Confirmation may be replaced by a proof of purchase
containing the above details. - If the buyer so requests, the seller shall issue a proof of purchase of the product or of the
provision of the service, stating the date of sale of the product or provision of the service, which
product or service it concerns and the price at which the product was sold or the service
provided. The seller shall also state its name, registered office and identification details on the document. - The complaints procedure means the seller's procedure after a complaint is made
by the buyer, resulting in the seller's decision on whether the complaint is justified and
the subsequent satisfaction of the buyer's claims under point III of the Complaints Procedure
“Claims arising from liability for defects”, or a decision to reject the complaint as
unjustified.
II. Time limit for exercising rights arising from defective performance - The buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within
twenty-four months. In the case of purchasing used consumer goods, the buyer is
entitled to exercise the right arising from a defect that occurs in the goods within twelve months. If
a period during which the item can be used is stated on the goods sold, on their packaging, in the instructions supplied with the goods or in advertising in
accordance with other legal regulations, the
provisions of the Civil Code on quality guarantees apply. The time limit for exercising rights arising from defective
performance starts on the day the goods are taken over. - The time limit for exercising rights arising from defective performance does not include the period from acceptance of a justified
complaint until the time when the buyer is obliged to take over the goods after the complaint has been settled, i.e.
the duration of the complaint ends on the day the complaint is settled, not on the day the goods are collected
by the buyer. - In the case of an unjustified complaint, the time limit for exercising rights arising from defective performance
is not extended.
III. Claims arising from liability for defects - If, when taken over by the buyer, the goods are not in conformity with the purchase contract (the
“non-conformity with the purchase contract”), the buyer has the right to have the seller, free of charge and without
undue delay, bring the item into a condition corresponding to the purchase contract, according to
the buyer's request, either by replacing the item or by repairing it; if such a procedure is not
possible, the buyer may request a reasonable discount on the price of the item or withdraw from
the contract. This does not apply if, before taking over the item, the buyer knew about the non-conformity with the purchase contract
or caused the non-conformity with the purchase contract themselves.
IV. Complaints and the complaints procedure - A complaint about goods may be made to the seller via the contact e-mail
address given at www.rawbark.cz. - Without delay after making a complaint, the buyer is obliged to present the goods to the seller in
their complete form with all their components and accessories or, after consultation with
the seller, the part being complained about, if this part can be separated from the whole and its
separation does not affect the functioning of the goods, or to make the place where the item is located accessible (for
bulky items) to the complaints service technician. Otherwise the
complaints procedure will be discontinued due to lack of cooperation. The seller is not obliged to accept for
complaint any goods not handed over by the buyer with the required components and
accessories. - After receiving a complaint, the seller informs the buyer of the next steps,
depending on the type of goods and the nature and extent of the defect, of the most suitable form and
details of the complaints procedure, of the expected outcome of the complaints procedure and of the
approximate date on which the complaints procedure will end. For a complaint made
by e-mail or by phone, the
seller also informs the buyer of the address to which the goods being complained about should be sent. - The buyer is obliged to ensure sufficiently secure packaging of the goods suitable for
transport. If the goods are sent to the seller in clearly inadequate
packaging, the complaint may not be recognised as justified. Transport costs, as well as other costs
related to making the complaint, are borne by the buyer. If the complaint is confirmed
as justified, the buyer has the right to claim reimbursement of costs reasonably
incurred in making the complaint (e.g. postage, transport costs). - When making a complaint, the buyer shall state how they wish the complaint to be settled
(the buyer's claims arising from liability for defects are set out in point V of the Complaints Procedure
“Claims arising from liability for defects”). The buyer is obliged to notify the seller of the exact specification of the defects in the goods, as well as of the
rights the buyer is exercising against the seller,
at the same time as making the complaint, but no later than when handing over the goods
being complained about to the seller. - The seller shall issue the buyer with a written confirmation of when the buyer exercised the right, what the
complaint concerns and how the buyer wishes the complaint to be settled (“Confirmation of
the complaint”). - After receiving the goods being complained about in their complete form, i.e. including their
components, accessories and related documentation, or the complaints service technician
on site in the case of bulky items, the seller carries out a preliminary inspection of the goods, assesses the claims
made by the buyer and, if the findings make it possible, settles the complaint by recognising it
as justified and satisfying the buyer in accordance with point III of the Complaints Procedure “Claims
arising from liability for defects”, or rejects the complaint on the spot as unjustified and
returns the goods being complained about to the buyer. - The seller or an employee authorised by the seller shall decide on the complaint immediately, or in complex
cases within three working days. This time limit does not include the time reasonable for the
type of product or service needed for an expert assessment of the defect. The complaint, including
removal of the defect, must be settled without undue delay, no later than 30 days from the day
the complaint is made, unless the seller and the buyer agree on a longer period. Expiry
of this period without settlement is considered a material breach of contract by the seller. - The seller shall issue a written document on the outcome of the complaint, stating
the date and method of settling the complaint, including confirmation that the repair was carried out and how long
it took, or giving reasons for rejecting the complaint (the “Report”). The Report will be enclosed with the
goods. The seller keeps a copy of the Report for its records. The seller
informs the buyer of the outcome of the complaints procedure by e-mail to the
address provided by the buyer when handing over the goods being complained about (e-mail address) and
recorded in the Confirmation of the complaint, by phone at the phone number given
by the buyer when handing over the goods being complained about and recorded in the Confirmation of the
complaint, or, at the buyer's request, in another agreed manner recorded in the
Confirmation of the complaint. - The Confirmation of the complaint and the Report may be contained in a single document –
the complaint report. - The buyer is entitled and also obliged to keep informed about the progress of the complaint
via the contacts given on the website www.rawbark.cz . If
the buyer fails to do so, then in accordance with the judgment of the Ústavní soud České republiky (Constitutional Court of the Czech Republic), file no.
III. ÚS 2983/08, they must bear the consequences arising from their inaction in this respect. - If the buyer does not collect the settled complaint within 30 days from the day by which the
complaint must be settled, the seller is entitled, after a prior written notice sent by registered mail
to the buyer at the address given when making the complaint and recorded on the confirmation of the
complaint, to charge the buyer a storage fee of 10,-Kč for each
commenced day of delay after the above time limit has expired. If the storage fee exceeds the price
of the goods being complained about, these goods may be used to pay the storage fee. The buyer
acknowledges that, within the meaning of Section 2126 et seq. of the Civil Code, the seller is
entitled to proceed by way of a self-help sale.
V. Final provisions - When making a complaint, the buyer is obliged to provide the seller with contact details
for the purpose of mutual communication during the complaints procedure, in particular the address
of permanent residence or the address at which they receive post, phone number and e-mail
address. Documents may also be delivered to the buyer by e-mail
to the buyer's e-mail address. Documents delivered in this way are deemed
delivered no later than the third calendar day after they were sent. - The buyer is obliged to read the Complaints Procedure before purchasing
the goods. By taking over the goods from the seller or the carrier, the buyer accepts this Complaints
Procedure. - The Complaints Procedure is available as a document at www.rawbark.cz
- The seller reserves the right to amend the Procedure. The seller will publish information about any amendment or addition to the Terms
and Conditions on its website without undue delay after the
relevant amendment or addition has been adopted.
This Complaints Procedure is valid and effective from 3 December 2020.