Complaints Procedure

1. Basic Provisions and Definitions

This Complaints Procedure has been prepared in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code, Act No. 513/1991 Coll., and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Act"), and applies to consumer goods (hereinafter referred to as "Goods") for which the Buyer's rights arising from liability for defects are exercised during the warranty period (hereinafter referred to as "Claims").

"Consumer Contract" means a purchase contract, a contract for work, or other contracts where the contracting parties are a consumer on one side and a supplier on the other.

"Seller" is Shopen Group s.r.o., with its registered office at Purkyňova 3050/99a, 61200 Brno, Czech Republic, ID No.: 29365252, entered in the Commercial Register on July 23, 2012. Shopen Group is a legal entity that, when concluding and performing a contract, acts within the scope of its commercial or other business activities. It is a business entity that, directly or through other companies, supplies products or provides services to the buyer.

The customer of our online store is the "Buyer". In view of the current legislation, a distinction is made between a buyer who is a consumer and a buyer who is not a consumer.

"Buyer-Consumer" or just "Consumer" is a person who, when concluding and performing a contract, is not acting within the scope of their commercial or other business activities.

"Buyer who is not a consumer" is an entrepreneur who purchases products or uses services for the purpose of their business with these products or services. This buyer is governed by the terms and conditions to the extent that they apply to them and by the Commercial Code.

2. Warranty Conditions

If the Goods show obvious defects, i.e., especially if the Goods are delivered to the Buyer in damaged transport packaging, the Buyer is entitled to refuse to accept the Goods. In such a case, the Buyer's right to receive proper performance from the Seller or to a refund of the purchase price remains intact. The choice shall be made by the Buyer.

In the event that defects in the Goods appear after their acceptance by the Buyer during the warranty period, the Buyer may file a legitimate Claim.

The length of the warranty period is governed by the applicable provisions of the Act, and is therefore 24 months, with exceptions provided by the Act. The warranty period begins upon the acceptance of the Goods by the Buyer.

The warranty period is extended by the period during which the goods were under warranty repair. In the case of an exchange of goods, a new warranty period begins.

The warranty does not cover wear and tear caused by normal use of the item.

At the consumer's request, the seller is obliged to provide a warranty in written form (warranty certificate). If the nature of the item allows, it is sufficient to issue the buyer a proof of purchase (invoice) containing the data that a warranty certificate must contain, instead of a warranty certificate. The warranty certificate must include the seller's name and surname, ID number, and place of business.

The consumer is entitled to withdraw from the contract in all cases provided for by the Act. The withdrawal is effective against the Seller from the moment the Buyer's declaration of withdrawal from the contract is delivered to the Seller, provided that all necessary legal conditions are met. In the event of withdrawal from the contract, the contract is cancelled from the beginning, and the contracting parties are obliged to return everything they have provided to each other on its basis. In the event of cancellation of the contract due to the exercise of rights arising from liability for defects, the buyer shall return the performance provided by the Seller only to the extent that is objectively possible in the given situation.

When exercising the warranty, the consumer has the right to:

• in the case of a non-material breach of the purchase contract, the right to free, proper, and timely removal of the defect, if this is not disproportionate to the nature of the defect, and if such a procedure is not possible, the right to a reasonable discount on the purchase price.
• in the case of a material breach of the purchase contract, the right to an exchange of the defective goods, withdrawal from the purchase contract, repair of the defective goods, or a discount on the purchase price.

3. Claim Processing

In the event that the Buyer exercises their right to demand the removal of defects in the Goods by repair and the warranty certificate specifies an entrepreneur for the purpose of warranty repairs who is different from the Seller, whose registered office or place of business is in the same location as the Seller's or in a location closer to the Buyer, the Buyer shall exercise the right to a warranty repair with the entrepreneur specified in the warranty certificate. This information can also be found in the document that replaces the warranty certificate.

Claims for goods must be made at the address Křenová 210/64, 602 00 Brno, Czech Republic. To speed up the claim process, you can notify us at the email address [email protected].

Upon receipt of the claimed goods at the Seller's registered office, a claim protocol is issued, which is sent to the consumer in writing by email or post no later than 10 working days from receipt.

The claim, including the removal of the defect, must be processed without undue delay, no later than 30 days from the date the Claim is filed, unless the Seller and the Buyer agree on a longer period.

A claim can be considered settled only at the moment when the Seller reports this fact to the Buyer, regardless of whether the claim was rejected or accepted. This information is provided to the Buyer in electronic or paper form no later than the next working day after the claim is settled. If the Seller does not contact the consumer within 30 days, the defect is considered irremovable, and the consumer can thus claim a refund of the product's price.

In a situation where it is necessary to send the Goods to the Seller, the Buyer, in their own interest, shall act in such a way that the Goods are packed in suitable and sufficiently protective packaging material. The shipping costs in this case are borne by the Buyer. In the case of an accepted claim, the Seller will reimburse the shipping costs back to the Buyer.

The right to claim warranty expires in the event of damage to the goods as a result of its wear and tear.

In the case of withdrawal from the purchase contract or the provision of a discount on the purchase price, the corresponding payment is returned to the Buyer by bank transfer no later than 14 days from the receipt of the goods.

4. Final Provisions

This Complaints Procedure comes into effect on January 1, 2025.