COMPLAINTS
Complaint Rules
Love Lili s.r.o., ID No.: 072 09 461, with its registered Holušická 2253/1, 148 00 Prague 4 – Chodov, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 296692
(hereinafter the “Company”)
I. Initial Provisions
1. In accordance with the provision of Section 13 of Act No. 634/1992 Coll., on consumer protection, and in accordance with Act No. 89/2012 Coll., Civil Code, as amended, the Company informs the consumer regarding the extent, conditions and manner of exercising his/her rights arising from defective performance (hereinafter the “complaint proceedings”) together with the details regarding how, where and when to exercise the right to complaint proceedings.
II. Extent of rights arising from defective performance
1. The Company guarantees to the Customer that the goods are free from defects. In particular, the Company guarantees to the Customer that the goods at the moment of their takeover by the Customer:
i.) possess characteristics which were negotiated between the Contracting Parties, and if there is no express arrangement, then such characteristics which were specified by the Company or the manufacturer or which were expected by the Customer with regard to the nature of goods and on the basis of advertisement presented by the Company or the manufacturer,
ii.) are suitable for the purpose specified by the Company for their use or the purpose for which the goods of this kind are usually used,
iii.) correspond in their quality and execution to the sample or template agreed upon, if the quality or execution were determined on the basis of a sample or template which the Contracting Parties agreed upon,
iv.) are in a corresponding amount, extent or weight, and the goods corresponds to the requirements determined for them by legislation.
2. If any defect presents itself within 6 months after the moment when the Customer takes over the goods, then it is assumed that the goods were defective at the moment of the takeover.
3. The Customer is not entitled to the right arising from defective performance if the Customer knew about the existence of the given defect prior to the takeover or if the Customer caused the defect to the goods himself/herself/itself.
III. Period for exercising rights arising from defective performance
1. The consumer is entitled to exercise the right arising from a defect which presented itself in consumer goods within 2 months from the moment of taking over the goods.
2. The provision of par. 1 of this Article shall not apply if the goods are sold for a decreased price when it comes to defects for which the decreased price of the goods was agreed upon, and also when it comes to the wear and tear to the goods resulting from common use of the goods, when it comes to the use, wear and tear if a used item is being sold up to the level which the goods had shown at the moment when the consumer took over the goods, and in cases when the defect results from the nature of the goods.
IV. Rights arising from defective performance
1. If the goods are defective and the given defect may be removed without undue delay, then the consumer is entitled to demand removal of the defect without undue delay.
2. If the goods are defective, then the consumer may also demand the delivery of a new piece of goods without the defects if such an approach is not inadequate given the nature of the defect, i.e. especially if the defect is irremovable. If the defect only affects a part of the item, then the consumer may demand the replacement of the given part; if such an approach is not possible, then the consumer may withdraw from the agreement.
3. The consumer is entitled to receive a new item or to have a part of the item replaced also in cases of a removable defect if the consumer is unable to use the item properly due to the defect’s repeated occurrence after the repair or due to a large amount of defects; in such a case, the consumer is entitled to withdraw from the agreement.
4. If the consumer does not withdraw from the agreement or does not exercise his/her right to receive a new item without any defects, the right for a part of the item to be replaced or to have the item repaired, then the consumer may request an adequate discount. The consumer is entitled to an adequate discount also if the Company is not able to deliver a new item without any defects, to replace its part or to repair the item, and then also if the Company fails to remedy the situation within a reasonable period or if the remedy of the situation meant considerable difficulties for the consumer.
5. If the item has a defect for which the Company is liable, and if such an item is being sold for a decreased price or it is a used item, then the consumer is entitled to an adequate discount instead of to replacement of the item.
V. Exercising the rights from complaint proceedings
1. The Company receives the complaints via its address at Love Lili s.r.o., V Kotcích 1023/12, 110 00 Prague 1 (entrance through Rytířská 11, Prague 1).
2. For the purposes of reaching a decision in the matter of the complaint, it is necessary for the goods under the complaint to be handed over to the Company for assessment.
3. The consumer is obliged to prove to the Company that the goods were purchased from the Company.
4. The Company shall issue a written confirmation to the consumer regarding when the consumer had exercised his/her right arising from defective performance, what was the subject matter of the complaint and which manner of resolving the complaint is demanded by the consumer.
VI. Resolution of the complaint proceedings
1. The Company or its authorized employee shall decide the matter of the complaint immediately, and in complex cases within three business days. This period shall not include the period adequate based on the type of goods necessary for expert assessment of the defect manifested by the goods.
2. The complaint proceedings, including the removal of the defect, shall be resolved without undue delay, but no later than 30 days after the moment when the complaint proceedings were initiated, unless the Company and the consumer agree on a longer period of time.
3. The Company shall issue a written confirmation to the consumer which shall contain the date of exercising the right to complaint proceedings by the consumer, the content of the complaint and the manner of resolving the complaint selected by the consumer. The Company shall further issue to the consumer a written confirmation on the date of resolving the complaint and the manner of resolving the complaint including the confirmation regarding the performed repair and its duration, or a written confirmation on the dismissal of the complaint with specified reasons which led to the dismissal of the complaint.
4. If the complaint is recognized as legitimate, the consumer is entitled to be reimbursed for the postage fees paid for the transportation of the goods under the complaint to the Company.
VII. Final Provisions
1. These complaint rules come into force and effect on 1 October 2020.