Complaints and Warranty of Terpenix, s.r.o.
(hereinafter referred to as the "Complaints procedure")
1) General Provisions
- This Complaints procedure is governed by Act No. 89/2012 Coll., Civil Code (hereinafter referred to as "Civil Code") 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 under liability for defects are exercised during the warranty period (hereinafter referred to as "Claims").
- This Complaints Procedure is an integral part of the general Terms and Conditions. By concluding the Purchase Contract, the Buyer agrees to the general Terms and Conditions and this Complaints Procedure and confirms that he/she is duly acquainted with them.
- The provider of the guarantee is Terpenix, s.r.o., with registered office at Kamýcká 1777/31, Předměstí, 412 01 Litoměřice, ID No. 02365855, registered in the Commercial Register kept at the Regional Court in Ústí nad Labem, file No. C 33539 (hereinafter also referred to as "Supplier" or "Seller").
- The Buyer, who ordered, accepted and paid for the product or services from the Supplier, is the beneficiary of the guarantee. The Purchaser is the natural or legal person with whom the Purchase contract is concluded (hereinafter also referred to as "Buyer" or "Customer").
- This Complaints procedure is published in full on the Supplier's website (zembag.cz).
- The Seller is acting within the scope of its business activity when concluding and performing the Purchase contract. The Seller is an entrepreneur who directly or through other entrepreneurs supplies products or services to the Buyer.
2) Responsibility of the Seller
- The Seller shall be liable to the Buyer that the Goods are free from defects on receipt. In particular, the Seller shall be liable that at the time the Buyer accepted the Goods:
- it has the characteristics agreed between the parties and, in the absence of agreement, such characteristics as the Seller or the manufacturer described or the Buyer expected having regard to the nature of the goods and on the basis of the advertising carried out by them,
- the item is fit for the purpose stated by the Seller for its use or for which an item of that kind is usually used,
- the item conforms in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
- the thing is in the appropriate quantity, measure or weight and,
- the item complies with the requirements of the legislation.
3) Liability Rights for Defects in the Goods
- The Buyer is obliged to immediately resolve any apparent damage to the Goods or their packaging during delivery with the carrier and to note the discrepancies in the handover report (delivery note). The Buyer is not obliged to accept such Goods from the carrier and is obliged to inform the Seller of the damage without undue delay. On the day of receipt, the Buyer shall duly check the integrity of the Goods and the completeness of their accessories.
- In case of personal collection by the Buyer, the moment of taking over the Goods is the moment of transfer of the risk of damage to the Goods from the Seller to the Buyer. If the Buyer does not inspect the Goods upon acceptance, he may only claim for defects detectable during such inspection if he proves that such defects (e.g. missing accessories) were already present in the Goods at the time of the transfer of the risk of damage to the Goods. A later claim of incompleteness of the Goods or external damage to the Goods does not deprive the Buyer of the right to claim. However, the Seller has the possibility to prove that there is no breach of the contract of sale.
- The Buyer-Consumer may claim the Goods by phone at +420 703 699 037, via e-mail email@example.com, in person at all branches of the Seller or send the claimed goods to Terpenix s.r.o. spin-off company ČZU, Kamýcká 129, 165 00 Praha-Suchdol.
- If the Buyer sends the Goods via a postal service provider, the Buyer should, in his/her own interest, pack the claimed Goods in suitable and sufficiently protective packaging material meeting the requirements of transport so that they are not damaged during transport. The shipment must contain the Goods claimed, and we recommend enclosing a copy of the sales receipt or order number and the Buyer's correct contact details.
- The Buyer is obliged to prove in a verifiable manner that the Goods were purchased in the Zembag.cz online store.
- The rights of liability for defects in the Goods do not apply in particular to cases where a defect or damage has occurred:
- mechanical damage to the Goods
- by demonstrable tampering with the Goods, natural disaster, mechanical damage,
- demonstrable misuse,
- use in violation of the instructions for use or instructions on the packaging or warranty card,
- use contrary to generally accepted rules of use,
- demonstrable use in conditions which do not correspond to the temperature, dustiness, humidity, chemical and mechanical influences of the environment directly intended by the manufacturer or which clearly result from the nature of the item,
- by demonstrably unskilled installation and operation,
- when the warranty certificate submitted shows obvious signs of changes made to the data or when the Goods bear a different serial number from that shown on the warranty certificate.
- The Seller's liability for defects does not extend to wear and tear caused by normal use, in the case of Goods sold at a lower price for the defect for which the lower price was agreed, in the case of second-hand Goods for a defect corresponding to the level of use or wear and tear that the Goods had when taken over by the Buyer.
- At the Buyer's request, the Seller shall provide the Buyer with written confirmation of the obligations arising from the defective performance to the extent provided by law (warranty certificate). The warranty certificate must contain the name or business name, registration number and registered office of the Seller. If the nature of the item allows it, it is sufficient to issue the Buyer with a proof of purchase of the Goods containing the same information as the warranty certificate instead of the warranty certificate.
4) General Warranty Period
- Unless a longer period is specified for an individual good, the purchaser is entitled to exercise the right under a defect occurring in consumer goods as follows:
- for new goods within twenty-four months of receipt;
- for unpacked goods within twenty-four months of receipt;
- for perishable goods, the warranty period is determined by the expiry date stated on the packaging of the goods.
- If a defect appears within six months of receipt, the goods shall be deemed to have been defective on receipt. Unless otherwise stated in relation to individual goods, the seller provides a guarantee of quality to the person purchasing in the course of his business for a period of twenty-four months from receipt for new and unpacked goods, twenty-one months from receipt for replacement goods and twelve months for used goods.
- The warranty period begins upon receipt of the Goods by the Buyer. The warranty period is extended by the period during which the Goods have been under repair. If the Goods are replaced under warranty repair, the original warranty period continues.
5) Special Warranty
- The purchaser is entitled to exercise the right to claim for defects occurring in the Zembag potato storage bag within 5 years from the date of purchase of the goods.
- The purchaser acknowledges that the Zembag Caraway sachet filled with natural essential oil is a perishable item and has a shelf life only until the date stated on its packaging. Once the pouch is opened, the effect of the essential oils is limited to a period of 5 months.
6) Rights from Defects in the Goods
- If the Goods do not have the characteristics listed in Article II of the Complaints Procedure, the Buyer-Consumer may also demand delivery of new Goods without defects, unless this is unreasonable due to the nature of the defect. If the defect concerns only a part of the Goods, the Buyer-Consumer may only demand the replacement of this part, if this is not possible, he may withdraw from the contract. If, however, this is disproportionate in view of the nature of the defect, in particular if the defect can be removed without undue delay, this is an insubstantial breach of contract and in such a case the Buyer-Consumer is always entitled exclusively to have the defect repaired free of charge.
- The Buyer-Consumer is also entitled to the delivery of new Goods or the replacement of a component in the event of a removable defect if he cannot use the item properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the Buyer-Consumer has the right to withdraw from the contract. A recurrence of a defect after repair shall be deemed to be the same defect which has already been rectified at least twice during the warranty period and which occurs again. If the Goods have been repaired at least three times for different removable defects in the period prior to the claim, they shall be deemed to suffer from a greater number of defects.
- If the Buyer-Consumer does not withdraw from the contract or exercise the right to have new Goods delivered without defects, to have parts replaced or repaired, he may claim a reasonable discount. The Buyer-Consumer is entitled to a reasonable discount even if the Seller cannot deliver new Goods without defects, replace their parts or repair the Goods, as well as if the Seller fails to remedy the defect within a reasonable time or if the remedy would cause significant difficulties for the Buyer-Consumer.
- The Buyer shall not be entitled to the right of defective performance if the Seller has notified the Buyer prior to taking delivery of the Goods that the Goods are defective or if the Buyer has caused the defect.
- The Buyer-consumer is entitled to withdraw from the contract in all cases specified in the Civil Code and the Act. Withdrawal is effective against the Seller at the moment when the Buyer-Consumer's statement of withdrawal is delivered or delivered to the Seller, provided that all legal conditions pursuant to §2001 et seq. Civil Code. In the event of withdrawal from the contract, the contract is cancelled from the beginning and the parties are obliged to return everything they have provided to each other on the basis of the contract.
- In case of withdrawal from the contract, the Buyer is obliged to return the complete Goods including all accessories to the Seller.
- If the Goods are defective if they were sold second-hand or sold at a discount to reflect their inferior quality at the time of sale, the Buyer-Consumer shall be entitled to a reasonable discount in lieu of the right to replace the Goods.
7) Handling of Claims
- The Buyer-Consumer must have the claim settled without undue delay, no later than 30 days from the date of the claim, unless the Seller and the Buyer-Consumer agree on a longer period. The time limit for settling the claim starts on the day following the date of the claim in accordance with § 605 of the NTC. After the expiration of this period, the Buyer-Consumer shall be granted the same rights as if it were a material breach of contract. The 30-day period is not binding on the Buyer-Entrepreneur.
- The Buyer-Consumer may inquire about the outcome of the claim himself at the address of the establishment where the claim was filed or at its customer service line.
- The Buyer is obliged to provide the Seller, or the authorized service, with all the assistance to verify the existence of the claimed defect and to eliminate it. When making a claim, the Buyer is obliged to hand over the Goods clean in accordance with hygiene regulations and general sanitary principles, including all parts and accessories.
- The Buyer is obliged to hand over the Goods to the claim procedure complete. It is also recommended to enclose a copy of the sales receipt, a detailed description of the defect and full contact details (address, telephone, e-mail). In the event that the Buyer fails to deliver the Goods complete and their completeness is necessary to establish the existence of the claimed defect and/or to remedy it, the time limit for the settlement of the claim shall only begin upon delivery of the missing parts.
- When making a claim, the Buyer shall receive a written confirmation - a claim report, which shall serve as a document in the settlement of the claim. When drawing up the complaint report, the Buyer is obliged to provide all the required information, the completeness and correctness of which is confirmed by signing the complaint report. The complaint report contains information on when the complaint was filed, what is its content, what method of settlement of the complaint is required by the Buyer-Consumer. If the Buyer-Consumer has sent the product to the complaint procedure by transport service, he/she will receive the complaint protocol by e-mail.
8) Refusal to Accept the Claim
- The Seller shall be entitled to refuse to accept the Goods into a claim if the Goods are soiled or their parts are soiled.
- The Seller shall also be entitled to refuse to accept the Goods if the Goods are not handed over in accordance with the hygiene regulations and general hygiene principles.
9) Collection of Goods from Warranty Repair
- On completion of the claim, the Seller shall inform the Buyer either by SMS, email or telephone. If the Goods have been sent by a shipping service, they will be sent to the Buyer's address after processing.
- The Seller shall issue or send to the Buyer a written confirmation stating the date and manner of settlement of the claim, confirmation of the repair and the duration of the claim, or the reasons for rejecting the claim.
- In the event of failure to collect the claimed Goods from the warranty repair within 2 months from the expiry of the period when the warranty repair was settled, the Buyer shall be obliged to pay the Seller a storage fee of CZK 50 for each day of delay in collecting the Goods.
- When issuing the Goods after the claim has been settled, the Buyer is obliged to present the document received when receiving the Goods for the claim, or must prove his identity.
This Complaints Procedure shall come into force and effect on 1 June 2022 and supersedes all previous versions. Changes to the Complaints Procedure are subject to change.
In Litoměřice on 1.6.2022