Comlaints Procedure

Complaints Procedure

Květinový svět, s. r. o., Company ID No. 28385829, with its registered office at Bělehradská 124, 120 00 Prague 2, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 13785 (hereinafter referred to as the “Seller”), hereby issues this Complaints Procedure, which regulates the rights of Buyers arising in particular from defective performance and other conditions for the exercise of such rights.

A Buyer is a natural or legal person who, on the basis of an order, purchases goods from the Seller, or also requests their dispatch to a recipient at a designated place (hereinafter the “Buyer”).

The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, under Section 2161(1) of Act No. 89/2012 Coll., the Civil Code, as amended, the Seller is liable to the Buyer that:
a) the goods have the qualities agreed between the parties, and if no agreement exists, such qualities as the Seller has described or which the Buyer expected given the nature of the goods and based on advertising carried out by the Seller,
b) the goods are fit for the purpose for which the Seller states they are used, or for which goods of this type are usually used,
c) the goods correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
d) the goods comply with the requirements of legal regulations.

The Buyer acknowledges that the Seller specializes in the sale of flowers, i.e., goods subject to rapid spoilage. Given that the subject of the purchase agreement is flowers as perishable goods, once delivery has been completed, the order cannot be canceled nor may the Buyer withdraw from the purchase agreement, except in accordance with paragraph 5 below.

The Buyer or recipient (i.e., a natural or legal person to whom the Seller sends the goods to the place specified in the Buyer’s order) accepts the goods by signing the delivery note or waybill, thereby confirming that the goods were received in good condition, i.e., free of defects. If the goods are damaged (e.g., broken flowers) or have other defects, the Buyer or recipient is entitled to refuse acceptance of the goods, or to accept them with reservation regarding the damage or defect, which must be noted on the delivery document alongside their signature. In such a case, the Buyer must notify the Seller of the damage or defect without undue delay after having the opportunity to inspect the goods, by telephone at +420 775 875 107 or +420 226 201 347, or by email at eshop@bellesfleurs.cz. Late complaints will not be considered.

In the case of demonstrable damage or other defects in the goods, the Buyer has the right to an appropriate discount on the purchase price, free rectification of the defect, or replacement of the goods, unless such replacement would be unreasonable given the nature of the damage or defect. If replacement is not possible, the Buyer is entitled to withdraw from the contract. The Buyer must choose the type of remedy when reporting the defect.

The Seller is not liable for damage caused by the Buyer and/or the recipient, e.g., mechanical damage due to careless handling or neglect of at least basic care of the goods.

The Seller is not liable for incorrect contact details of the recipient or for the fact that the recipient could not be reached for any reason during the delivery period at the address specified in the order.

Disputes between the Seller and the Buyer arising from defective performance are settled by the general courts. A Buyer who is a consumer has the right, under the Consumer Protection Act (No. 634/1992 Coll.), to out-of-court settlement of a consumer dispute arising from a purchase contract or a service contract. The entity authorized to conduct out-of-court dispute resolution is the Czech Trade Inspection Authority. More information is available at www.coi.cz.

Květinový svět, s.r.o.