EKOPLANT, s.r.o. for the online shop located at www.pacho-lek.cz
The Complaints Procedure is intended ONLY for the CUSTOMER and forms an integral part of the General Terms and Conditions of Business (hereinafter referred to as "GTC").
If you have any questions, you can contact us:
- by phone: +420 725 991 111 (on working days between 9:00 and 15:00)
- by e-mail: info@pacho-lek.cz (info@ekoplant.cz)
Where to deliver the goods in case of a complaint?
You can deliver the goods to us or take them personally to the address of the company's registered office: EKOPLANT, s.r.o., Němčice 23, 561 18 Němčice. This is usually the fastest way to process a return or a complaint.
1. HOW OUR GOODS SHOULD LOOK LIKE WHEN WE RECEIVE THEM
- 1.1 What should be the characteristics of our goods at the time of receipt? We are responsible for ensuring that the goods are free from defects at the time of receipt. In particular, we are responsible for ensuring that at the time you take delivery of the goods:
- 1.1.1 the goods have the characteristics that we have agreed, that we or the manufacturer have described (including in advertising) or that you have come to expect having regard to the nature of the goods,
- 1.1.2 the goods are fit for the purpose we state for their use or for which goods of that kind are usually used,
- 1.1.3 the goods correspond in quality or workmanship to the agreement of the parties and/or to the sample or specimen (if we based the order on them),
- 1.1.4 the goods are in the appropriate quantity, measure or weight,
- 1.1.5 the goods comply with the requirements of the law.
- 1.2 Presumption that the goods are defective. If the defect becomes apparent within 12 months of receipt of the goods, the goods shall be presumed to have been defective on receipt unless we prove otherwise.
2. IN WHAT SITUATIONS YOUR CLAIM WILL NOT BE ACCEPTED
- 2.1 What defects are we not responsible for? We are not responsible for defects in the following cases:
- 2.1.1 a defect which the goods had at the time of receipt and a discount on the purchase price was agreed for such defect,
- 2.1.2 the defect is caused by wear and tear caused by normal use, or if this is due to the nature of the goods,
- 2.1.3 the defect is caused by you and has been caused by improper storage, improper maintenance, your intervention or mechanical damage, all in conditions that are inadequate in terms of temperature, dustiness, humidity, other environmental influences and is directly specified by us or the manufacturer (usually on the package leaflet / label of the goods) or as a result of legal regulations,
- 2.1.4 a defect in goods that have been modified by the customer and if the defect has arisen as a result of such modification,
- 2.1.5 the use of the goods in unsuitable conditions which do not correspond in temperature, dustiness, humidity, chemical and mechanical effects to the environment directly intended by the seller or the manufacturer, or as a result of legislation,
- 2.1.6 the defect was caused by an external event beyond our control (e.g. natural disaster).
3. HAVE THE GOODS BEEN DAMAGED IN TRANSIT?
- 3.1 Inspect the packaging before accepting the goods from the carrier. When you receive the parcel from the carrier, check the packaging for integrity. By accepting the parcel, you confirm that you have received the parcel without any obvious defects. If the packaging is damaged, please notify the carrier directly and write a damage report. The parcel will be retained by the carrier. This is the easiest way to deal with a damaged parcel claim, the parcel will be returned to us by the carrier immediately and a new parcel will be sent to you.
- 3.2 You will only discover that the goods have been damaged after you have unpacked the parcel. How to proceed? Please inform us as soon as you have received the goods and discovered the defect, but no later than 3 days after you have received the parcel. Ideally, you should use a claim form. Please include your personal identification details, the email from which you ordered the goods and identify the goods you are including in the claim. Ideally, you should also include a copy of the purchase document (e.g. invoice), photographic documentation of the defect and a description of the problem you have discovered with the goods. All of this information may
contribute to a quicker settlement of your claim. - 3.3 When will we no longer be able to make a shipping claim? Please note that if you make a claim on the fourth (4th) or subsequent day after receipt of the shipment, it is highly unlikely that such a claim will be accepted by the carrier. As a result of your late claim for a damaged shipment, we may
We may incur damages (the damaged shipment will not be reimbursed by the carrier for your late claim), and we are entitled to recover such damages from you. Keep the shipment and make a photo documentation of the shipment (so that you can clearly see the damaged goods, packaging, filling). - 3.4 What is the procedure after you have notified us? After you have made a claim for a damaged parcel, you will receive a confirmation by e-mail. However, you can contact us at any time by telephone or e-mail to check the status of your claim.
4. IF YOU RECEIVED SOMETHING DIFFERENT THAN WHAT YOU ORDERED FROM US, WHAT SHOULD I DO?
- 4.1 Jak postupovat a co od Vás budeme potřebovat vědět? V případě, že jste obdrželi špatně zaslané zboží, nesprávné množství či jiné barevné provedení, případně úplně jiné zboží, které jste si neobjednali apod., kontaktujte nás nejlépe e-mailem: info@pacholek.cz, písemně nebo prostřednictvím reklamačního formuláře. Uveďte v něm své osobní identifikační údaje, e-mail, ze kterého jste zboží objednávali a identifikujte zboží, které jste obdrželi špatně. Ideálně prosím přiložte i kopii nákupního dokumentu (např. faktury), fotodokumentaci vady a popište vzniklou chybu vlastními slovy a uveďte, co vše bylo obsahem balení při předání. Snažíme se předcházet takovým chybám, pečlivě kontrolujeme odeslané zboží, ale ani my nejsme úplně neomylní. Za vzniklé nesrovnalosti v objednávce se předem omlouváme a uděláme vše pro to, aby proces reklamace byl pro Vás co nejpohodlnější a z naší strany co možná nejrychlejší.
- 4.2 What will happen next? After completing and submitting the incorrect delivery claim, you will receive a confirmation email. We will check everything as quickly as possible and contact you to agree on the next steps. You can call or email us at any time to check that your claim is already being processed.
5. DISCOVERY OF DEFECTS WITHIN 14 DAYS OF RECEIPT OF THE GOODS
- 5.1 I will detect a defect in the goods within 14 days of receipt of the goods. If you detect a defect in the goods delivered within 14 days of receipt of the goods, please contact us preferably by email: info@pacho-lek.cz, in writing or by using the complaints form.
- 5.2 A complaint is not the same as a right of withdrawal. Within 14 days of receipt of the goods, we guarantee you the right to withdraw from the contract of sale or to exchange the goods for another. However, in this case, you must return the goods undamaged or in sealed or hygienic packaging. Otherwise, you are liable for the diminished value of the goods and/or risk not having the right of withdrawal. If you have already unpacked the goods and discovered a defect during one of the first uses, we recommend that you make a complaint as the most appropriate course of action.
- 5.3 What happens next? Once a claim has been made, you will receive a confirmation email, after which our customer service team will usually contact you by phone to discuss the next steps. We can usually do this within 3 working days. You can contact us at any time on
+420 725 991 111, or by email at info@pacho-lek.cz to check that your complaint is already being processed.
6. DISCOVERY OF DEFECTS WITHIN 24 MONTHS OF RECEIPT OF THE GOODS
- 6.1 When to claim defective goods. You are obliged to point out defects in the goods to us (claim them) without undue delay after the defect has been discovered. Otherwise, you will not be entitled to claim for defective goods.
- 6.2 You are entitled to complain about a defect that occurs in consumer goods within 24 months of receipt of the goods. This does not apply to goods for which the period of time during which the goods may be used is stated on the packaging, label, in the instructions accompanying the goods or in the advertising in accordance with other legal provisions. The provisions of the quality guarantee (contractual guarantee) apply here.
- 6.3 What happens after the 24 months have elapsed? After the expiry of this period (24 months), you cannot complain about defects in the goods. If this is possible for the goods in question, this period is extended by the time you have not been able to use the goods because they were in the process of a legitimate complaint. Although we always try to settle complaints to your satisfaction, some products must be handled in accordance with the instructions on the packaging/label/packaging information - otherwise they will be damaged. Even if the 24 months have not yet elapsed in these cases, we cannot accept your complaint (clause 2.1.3 or clause 2.1.5 of this Complaints Procedure).
- 6.4 Contractual warranty. If the goods have been guaranteed with a voluntary contractual warranty longer than 24 months from the date of receipt of the goods, you will be able to complain about defects in the goods for this period. The period is extended by the time you have not been able to use the goods because they were in the process of a legitimate complaint.
- 6.5 What should I do to complain about a defect in the goods? In order to complain about a defect in the goods, you should complete and submit a complaint form or write to us by email to info@pacho-lek.cz or in writing, stating in particular:
- 6.5.1 name and surname;
- 6.5.2 the email from which you ordered the goods;
- 6.5.3 telephone number;
- 6.5.4 identification of the goods you are including in the claim;
- 6.5.5 a description of the defect in your own words;
- 6.5.6 the chosen method of complaint handling; the customer is not entitled to change the chosen method of complaint handling without our prior consent;
- 6.5.7 your address for the possible return of the goods after the conclusion of the complaint process.
- 6.6 We will acknowledge receipt of the claim. Once the defect in the goods has been identified, you will receive an acknowledgement of receipt of the claim from us by email. The time of the claim shall be deemed to be when we receive the details of the claim from you.
- 6.7 Where can I make a claim? You can make a claim in person or by sending the goods to our premises at the address above, by e-mail to the e-mail contact, or by sending us a claim form.
- 6.8 Delivery of the claimed goods back to the seller. The goods must be returned complete, undamaged (except for the claimed defect), ideally in their original undamaged packaging so that we can follow good hygiene practice.
- 6.9 Who bears the cost of transporting the goods claimed? If you require the rectification of a defect (repair or delivery of new goods or part thereof), we will bear the cost of transporting the goods claimed back to us. We will arrange for the goods claimed to be transported to us, either by sending a return label or by arranging for a carrier arranged by us, subject to prior agreement with you. Please note that goods claimed sent by cash on delivery and/or otherwise at our expense will not be collected by us and will be returned to you at our expense.
- 6.10 Acknowledgement - Upon receipt of the claimed goods, a confirmation of receipt of the shipment of the claimed goods and its contents will be sent to the email address you have provided.
7. HOW QUICKLY YOUR COMPLAINT WILL BE PROCESSED
- 7.1 When will the complaint process be concluded? The Civil Code gives us 30 days from the date of the defect to deal with the complaint. This is the latest we can close the complaint process.
- 7.2 Assessment of the defect. As a rule, an assessment of the defect is carried out without undue delay after receipt of the necessary documentation (photographs and other necessary data for the assessment of the defect) or after the delivery of the claimed goods back to us. We will then contact you with a preliminary opinion - usually by telephone. The time required for a professional assessment of the defect (e.g. if it is necessary for us to request the assistance of our supplier or the manufacturer) is not included in this time limit.
- 7.3 If the goods are defective. If the goods complained of are found to be defective, the complaint process shall be concluded within 30 days of the defect being identified at the latest. A longer time limit may be agreed with the customer by the authorised employee in justified cases. We are obliged to request supplementary documentation from you as soon as possible.
- 7.4 If the goods are not found to be defective. If the goods are not found to be defective, you will be informed of the rejection of the claim. We will agree on the next course of action.
8. WHAT METHOD TO CHOOSE FOR DEALING WITH THE COMPLAINT
- 8.1 What will affect my options. You will have the right to ask for the defect to be rectified. You may choose to:
- 8.1.2 delivery of a new item; or
- 8.1.3 delivery of the missing part.
This should not be an unreasonable request on your part. We will tell you if repairing the item will cause us considerable difficulty or is not a reasonable request in view of the value of the item and the significance of the defect. We will do the same if we assess your request for a new item to be unreasonable in view of the defect or the value of the item.
- 8.2 If the defect will be a material breach of the contract of sale . If the defect will be a material breach of the contract of sale, you will have the right to cancel the contract of sale or claim a reasonable discount on the purchase price of the goods.
- 8.3 When will it be possible to claim a refund of the purchase price? In some situations it will be possible to withdraw from the contract of sale and claim a refund of the purchase price. This will not be possible in situations where the defect in the goods is not material. What will be the situations where you can withdraw from the contract of sale and claim a refund of the purchase price:
- 8.3.1 we refuse to remedy a defect in the goods or we have not remedied the defect within a reasonable time;
- 8.3.2 it is clear from our statement or other circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer;
- 8.3.3 the defect in the goods is repeated; or
- 8.3.4 it is a material breach of the contract of sale.
- 8.4 When will you be able to claim a reasonable discount on the purchase price of the goods? In some situations you will be able to claim a reasonable discount on the purchase price. This will not be possible in situations where the defect in the goods is not significant. What will be the situations where you can claim a reasonable discount on the purchase price?
- 8.4.1 We refuse to remedy a defect in the goods or we have not remedied the defect within a reasonable time;
- 8.4.2 it is clear from our statement or other circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer;
- 8.4.3 the defect in the goods is repeated; or
- 8.4.4 there is a material breach of the contract of sale.
- 8.5 You will tell us how the claim is to be settled. If not, we will ask you. You are obliged to tell us what right you have chosen to exercise in respect of the defective performance, either when you notify us of the defect or without undue delay after notification of the defect. You cannot change the choice you have made without our consent; this does not apply if you seek to have a defect repaired which proves to be irreparable.
- 8.6 Return of the original goods. If you settle a claim by supplying new goods, you must return the goods originally supplied to us (unless we agree otherwise).
9. TERMINATION OF THE CLAIM
- 9.1 If you have made a claim in person at our premises. After the claim has been settled, you will be notified of the termination of the claim by telephone, text message or email and you will be required to collect the goods claimed without undue delay, but no later than 30 days from the date on which you were notified of the claim. If you wish to have the goods sent to your home after the claim, we will arrange this at our expense. If necessary, we will give you reasons for rejecting the claim.
- 9.2 If you have sent the goods to us for complaint. If the goods have been sent to us for complaint by a carrier, they will be sent automatically to the address you have provided to us after the complaint has been processed. We will give reasons for rejecting the complaint if applicable.
- 9.3 If we refund the purchase price. If the complaint is accepted as justified and you rightfully request a refund of the purchase price as a means of settling the complaint, we will send the purchase price paid to you back to the bank account you provide us without undue delay.
- 9.4 Taking delivery of the claimed goods. You are obliged to take delivery of the claimed goods within 30 days of the date on which you were notified of the settlement of the claim. After this period, we are entitled to charge a storage fee in accordance with § 2120 paragraph 1 in conjunction with § 2159 paragraph 2 of the Civil Code. A daily storage fee of 50 CZK is charged.
- 9.5 Sale of unclaimed goods. If you do not collect the goods from a settled claim within 6 months of being informed of the settlement, we reserve the right to sell the goods and use the proceeds to pay the storage fee.
- 9.6 Obligation on receipt of the goods claimed. You are further obliged to check the completeness of the goods claimed upon receipt, in particular that the consignment of goods contains everything it is supposed to contain. Later objections will no longer be taken into account.
10. FINAL SECTION
- 10.1 Rights under the law. The customer's rights under the law are not affected by this Complaints Procedure.
- 10.2 Validity. This Complaints Procedure (for consumers only) is valid from 11/11/2024 and supersedes previous Complaints Procedures.