Legal notice

Article 1

Introductory Provisions

1. The buyer's rights from defective performance (hereinafter referred to as "complaint") must always be exercised in accordance with these complaint regulations. Matters not regulated by this complaint procedure are governed by the legal system of the Czech Republic, in particular Act No. 89/2012 Coll., Civil Code, as amended, and Act No. 634/1992 Coll., on consumer protection, as amended.

2. This information is valid exclusively for persons entering into a purchase contract with the seller in the capacity of a consumer within the meaning of § 419 of the Civil Code, i.e. as a person (natural person) acting outside the scope of their business activity or outside the scope of independent performance of their profession.

3. The buyer does not have the right from defective performance if he caused the defect himself and the defect is not the wear and tear of the item caused by its usual use or, in the case of a used item, wear due to the extent of its previous use.

Article 2

Making a complaint

1. The buyer has the right to file a claim with the seller by post. This must be done at the address of NFO Vitamins s.r.o. with headquarters at Nad Dalejským údolím 2690/7, Stodůlky, 155 00 Prague 5. Complaints can also be made online by filling out the complaint form on the website https://nfo1987.com/pages/contact.

2. The buyer is obliged to prove that he has the right to make a claim, in particular to document the date of purchase, either by presenting a sales document, a confirmation of the seller's obligations from defective performance of the warranty card, or in another plausible way.

3. The seller is obliged to issue a written confirmation to the buyer when making a complaint, in which he will state the date when the buyer made the complaint, what it contains, and what method of handling the complaint the consumer requires, and the buyer's contact details for the purpose of providing information about the handling of the complaint.

Article 3

Deadline for exercising rights

1. The buyer can point out a defect that appears on the item within two years of taking it over, for goods with a warranty period, this is the period that coincides with the warranty period indicated on the product packaging. For used goods, the period for exercising rights from defective performance can be shortened to one year. Such shortening of the period shall be indicated by the seller in the confirmation of obligations from defective performance or on the sales document, or shall be included in the purchase contract.

2. The buyer shall exercise his rights from defective performance without undue delay after discovering that the goods are defective. The seller is not responsible for increasing the extent of damage if the buyer uses the goods, although he knows about the defect. If the buyer legitimately claims a defect against the seller, the period for exercising rights from defective performance does not run for the period during which the goods are being repaired and the buyer cannot use them.

3. The deadline for exercising rights from defects cannot be considered as determining the life of the goods, it varies with respect to the characteristics of the product, its maintenance and correctness and the intensity of use or the agreement between the buyer and the seller.

Article 4

Complaint handling

1. The complaint, including the removal of the defect, must be processed and the consumer must be informed of this no later than 30 days from the date of the complaint, unless the seller and the consumer agree on a longer period.

2. After the time limit according to the previous paragraph has expired in vain, the consumer can withdraw from the contract or demand a reasonable discount.

3. The seller is obliged to issue to the consumer a confirmation of the date and method of settlement of the complaint, including a confirmation of the repair and its duration, or a written justification for the rejection of the complaint.

4. The buyer is not entitled to change the once-selected method of settlement of the complaint without the consent of the seller, except for situations where the chosen method of resolution cannot be implemented at all or in time.

5. The buyer is obliged to take over the claimed goods within 30 days from the day the seller informed him about the possibility of taking over the goods. After this time, the seller is entitled to charge a reasonable storage fee. If the parties do not agree on its amount, the usual amount shall be paid for the agreed amount.

6. The buyer's claim will be rejected if he claims a defect that has already been pointed out in the past and for which a reasonable discount from the purchase price has been provided.

Article 5

Quality on receipt

1. The seller declares that they hand over the goods to the buyer in accordance with 2161 of the Civil Code, i.e.:

• the goods correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
• the goods are suitable for the purpose for which the buyer requires them and to which the seller has agreed.

2. The goods are delivered with the agreed accessories and instructions for use, the seller is responsible to the buyer that, in addition to the agreed properties:

• the goods are suitable for the purpose for which a thing of this type is usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,
• the quantity, quality and other properties of the goods, including durability, functionality, compatibility and safety, correspond to the usual properties of things of the same kind that the buyer can reasonably expect, also with regard to public statements made by the seller or another person in the same contractual chain, in particular by advertising or labeling ,
• the goods are delivered with accessories, including packaging, assembly instructions and other instructions for use that the buyer can reasonably expect,
• the quality or design of the goods corresponds to the contracted sample or template that the seller provided to the buyer before the conclusion of the contract.

3. The buyer can request a reasonable discount or withdraw from the contract if:

• the seller refused to remove the defect or did not remove it in accordance with legal regulations,
• the defect manifests itself repeatedly,
• the defect is a material breach of the contract,
• or it is apparent from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer.

4. If the buyer withdraws from the contract, the seller will return the purchase price to the buyer without undue delay after receiving the item or after the buyer proves to him that he has sent the item.

5. If a defect becomes apparent within one year of receipt, it is considered that the item was already defective upon receipt, unless the nature of the item or the defect precludes this. This period does not run for the period during which the buyer cannot use the item, if he has justly complained about the defect.

Article 6

Quality guarantee

1. If the seller has provided a quality guarantee beyond the scope of his legal obligations, its application is governed by these complaints regulations, unless the confirmation of the seller's obligations from defective performance, the warranty certificate or the contract stipulates otherwise.

Article 7

Claims and dispute resolution costs

1. If the complaint is recognized as justified, the buyer has the right to reimbursement of the costs incurred in connection with the exercise of his right.

2. In the event that the seller rejects the claim as unjustified, the buyer, or by agreement with the seller, both parties, can turn to a forensic expert in the field and request the processing of an independent professional assessment.

3. The buyer, who is a consumer, has the right to an out-of-court settlement of a dispute from a consumer contract, if performance takes place on the territory of the Czech Republic; in other cases, only if the fulfillment is related to business activities carried out in the territory of the Czech Republic. The entity authorized to conduct out-of-court dispute resolution is the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract. More information is available on the coi.cz website.

4. The out-of-court settlement of a consumer dispute according to 3 is initiated exclusively at the consumer's proposal. The proposal can be submitted no later than 1 year from the day the consumer exercised his right, which is the subject of the dispute, with the seller for the first time.

This complaint procedure is effective from May 1, 2024

NFO Vitamins s.r.o.
online store operator

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COMPLAINT FORM

Addressee:

NFO VITAMINS s.r.o.
Nad Dalejský údolím 2690/7, Stodůlky, 155 00 Prague 5

Making a complaint:

At the same time, I request the issuance of a confirmation of the application of the complaint stating when I exercised this right, what the content of the complaint is, what method of handling the complaint I require, together with my contact details for the purpose of providing information about the handling of the complaint.

Date:

Signature: