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 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:

  1. 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.”
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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
  7. 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.
  8. 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.
  9. 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
  10. 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
  11. A complaint about goods may be made to the seller via the contact e-mail
    address given at www.rawbark.cz.
  12. 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.
  13. 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.
  14. 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).
  15. 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.
  16. 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”).
  17. 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.
  18. 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.
  19. 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.
  20. The Confirmation of the complaint and the Report may be contained in a single document –
    the complaint report.
  21. 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.
  22. 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
  23. 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.
  24. 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.
  25. The Complaints Procedure is available as a document at www.rawbark.cz
  26. 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.