Complaints Procedure

1. INTRODUCTORY PROVISIONS

   
   1.1. The Complaints Procedure is an integral part of the terms and conditions of FLOWER COMPANY s.r.o.,
   Company ID: 28551168, based in Beranových 130, Letňany, 199 00 Praha 9.
   1.2. The rights of the Buyer from a substandard service (hereinafter referred to as the "complaint") must always be exercised in accordance with this Complaints Procedure. Issues not regulated by this Complaint Procedure Code are governed by the laws of the Czech Republic. These Complaints Rules are in accordance with Act No. 89/2012 Coll., of the The Civil Code (“Civil Code”) and Act
   No. 634/1992 Coll., on Consumer Protection (“ZOS”).
   1.3. The Buyer is obliged to become familiar with this Complaints Procedure. At the Buyer's request, the Seller shall send it to him in text form.
   1.4. Terms in capital letters not defined by the Complaints Procedure have the same meaning as in the GTC.

2. DEFINITIONS

2.1. Capitalized terms have the following meanings:
a. “Statutory Warranty” means the Seller's statutory obligation for substandard performance within the meaning of Section 2165 (1) of the Civil Code and Article 4 of this Complaints procedure;
b. "Quality Guarantee" means the quality guarantee granted by the Seller within the meaning of Section 2113 of the Civil Code and Article 5 of this Complaint Regulation.;
c. "ATSS is the Act No. 219/2003 Coll. On the Traffic in Seeds and Seedlings;

3. QUALITY ON TAKEOVER

2.2. The Seller declares that the Goods are handed over to the Buyer in accordance with the provisions of § 2161 of the Civil Code, ie:
a. The goods have the properties agreed between the Buyer and the Seller and, in the absence of an agreement, such properties described by the Seller or the manufacturer or expected by the Buyer by the nature of the Goods and the advertising they carry out;;
d. The goods are fit for the purpose stated by the Seller or for which a thing of this kind is usually used;
e. The Goods is an item in an appropriate quantity, measure or weight;
f. Goods comply with legal requirements.
2.1. If the goods do not meet the above requirements upon receipt by the buyer, the buyer has the right to have new goods delivered without defects, unless this is inappropriate due to the nature of the article. If the defect concerns only part of the matter, the buyer can only claim the replacement of the part; if this is not possible, he can withdraw from the contract and demand the full refund of the purchase price. However, if this is inappropriate due to the nature of the defect, in particular if the defect can be remedied immediately, the buyer is entitled to get rid of the defect free of charge. The graphical representations provided by the seller and provided to the buyer are for informational purposes only and the resulting work may vary.
2.3.If the buyer does not withdraw from the contract or if he does not exercise the right to receive new goods without defects, to have parts replaced or repaired, he may demand a reasonable discount on the purchase price. The buyer is entitled to a reasonable discount, even if the seller can not deliver new goods without defects, replace parts or repair the goods, or if the seller does not repair the goods within a reasonable time or if the improvement of the consumer would cause considerable difficulties.

3. TIME-LIMIT FOR THE APPLICATION OF WARRANTY RIGHTS (LEGAL WARRANTY)

3.1. The period for the exercise of rights from defective performance is 24 months from receipt of the goods. After expiry of the deadline, the right of defect can no longer be exercised with the seller.
3.2.For used goods, the period for the performance of defects shall be half the time limit for the performance of defects of the same or similar new goods.
3.3. The buyer acknowledges that the lifetime of the goods is not within the period for the assertion of defects. The useful life of the goods depends on the type of goods, the characteristics of the goods and their maintenance, accuracy and intensity of use.
3.4. The period for exercising warranty rights does not run from the time the claim is enforced until the time it is settled.
3.5. In the case of seeds and seedlings (in the sense of ATSS, ie if the product is intended directly for propagation and marketing, ie not mainly ornamental plants), the following period applies to the exercise of rights of defect:
a. it is one year for one-year species, except for vegetable seedlings;
g. ends one year after reaching the stage of development required for the determination of variety; certified varieties
h. is three weeks for vegetable and flower seedlings.

5. QUALITY GUARANTEE

3.6. If the Seller has provided a Quality Guarantee beyond its statutory obligations, its application shall be governed by this Complaints procedure, unless the Seller's obligation of substandard performance (warranty certificate) or the Contract provides otherwise.
3.7. If the period for which the goods can be used is indicated on the goods sold, on their packaging, in the attached instructions or in advertising in accordance with other legal provisions, the goods are subject to the quality guarantee with a warranty period corresponding to the stated expiry date.
3.8. Unless stated on the packaging of the goods or in the guarantee certificate, the seller grants a quality guarantee for the following goods with a warranty period for the service life when selling the goods, as determined by the seller or otherwise agreed between the buyer and the seller:
a. for cut flowers 24 hours;
i. for ornamental plants 3 months;
j. for plants in a green wall / a vertical garden 3 months;
k. for the construction of a green wall 2 years;;
l. for moss walls 2 years;
m. for plants with a growing season of less than one year in our conditions, 3 weeks.
3.9. The seller shall only provide the quality guarantee on goods not mentioned in point 5.3 of this article if this is expressly stated on the packaging or on the delivery note, and only in the length and scope of the respective goods.

4. LIABILITY

4.1.The court shall not grant the purchaser the right to a faulty performance if the fault of the work or the goods has not been reported immediately after it has been discovered or duly taken care of, but no later than two years after the work has been handed over, and Seller disagrees that the right was exercised late.

5. APPLYING THE RIGHT FOR COMPLAINT

5.1. The Buyer has the right to submit a complaint to the Seller via email to info@flower-company.cz, in writing to the Seller's office and / or by telephone at
Tel. No. +420 603 840 452.
5.2. The buyer is obliged to prove in the complaint that he is entitled to file a complaint with the buyer.
5.3. The buyer is obliged to assert his rights of substandard performance without delay after he ascertains that the goods have a defect, otherwise the seller is not liable for damages resulting from the further use of these goods. If the buyer has not indicated the defect of the goods in time, the right to withdraw from the contract expires.
5.4. If the buyer finds out that the packaging of the delivered goods is damaged, he is obliged to inform the seller immediately by e-mail to info@flower-company.cz or by phone on +420 603 840 452.
5.5. The seller is not liable for defects in the following cases:
a. There is a defect in the goods at the time of takeover and a deduction from the purchase price is agreed for this defect;
n. If the goods are used and the defect corresponds to the degree of use or wear that the goods had on receipt at the buyer;
o. The defect of the goods is caused by the wear caused by normal use or by the nature of the goods (eg expiry of the service life);
p. The defect was caused to the goods by improper assembly or improper commissioning of the goods;
q. The defect was caused by improper use, storage, improper maintenance, intervention by the buyer or mechanical damage, improper use of the goods, improper handling, transport and improper care of the goods, especially in plants due to insufficient or excessive irrigation or fertilization, mechanical damage (crash and impact) or use of the goods under conditions for which they are not intended;
r. The defect is caused by improper intervention (buyer or third party without authorized customer service) into the goods, especially with the aim of repairing or repairing them, etc .;
a. the defect has occurred as a result of an external event beyond the control of the seller (pests, etc.);
b. for goods with a best-before date, expiration date or other information of similar importance, in which claims for defects can only be asserted by the expiry of the specified deadline;
c. if this is due to the nature of the product;
b. if it is a defect that the buyer must have noticed with the usual care when receiving the product.
6.1. If the defect appears within six months of receipt, the goods are considered defective at the time of receipt. This does not apply to goods marked with a best-before date, expiry date or other information of similar importance, and to goods referred to in point 5.3.
5.6. In the event that the exercise of warranty rights causes the consumer significant difficulties (eg, the goods can not be transported as usual to the place of use, or the goods are installed or part of the property), the seller assesses the defect in consultation with the buyer. or otherwise. In this case, the buyer is obliged to provide the seller with the necessary assistance.
5.7. The defect of the goods does not affect the obligation of the buyer to pay the seller the price of the goods from the contract.

6. SUBSTANCIAL AND NON-SUBSTANTIAL BREACH OF THE CONTRACT

6.1. The Seller's liability for defects that constitute a material or minor breach of contract shall apply to defects in the goods that occur within 24 months of receipt and for which the defect of liability under the terms of Article 5 does not apply. A defect is considered a material breach of the Contract in the event that the Buyer would not conclude the Contract if he / she foresees the defect at the conclusion of the Contract;
6.2. If the defect constitutes a material breach of contract, the buyer has the right, at his discretion, to have a new thing delivered or repaired, to be granted a reasonable discount or to withdraw from the contract (with the right to fully return the purchase price). If the defect is a minor breach of contract, the buyer is entitled to have the defect removed or to be granted a reasonable discount.
6.3. The buyer, who is also a consumer, has the right, regardless of the nature of the defect, to have a new good thing delivered, to have the part replaced, to get a discount or to withdraw from the contract.

7. PROCESSING OF THE COMPLAINT

7.1. The seller is obliged to decide on the complaint immediately, in complicated cases within three working days. Within this period, the time required for the expert examination of the defect is not included.
7.2. The seller is obliged to provide the buyer with a written confirmation stating the date and place of the complaint, the characteristics of the complaint, the way of processing of the complaint and the manner in which the buyer is informed of its execution.
7.3. Complaints, including the reparation of defects, must be made immediately, no later than 30 days after the date of the complaint, unless the seller and the buyer agree on a longer period. The futile expiry of this period is considered a major breach of contract.
7.4. The seller is obliged to confirm in writing the manner in which the complaint is handled and its duration. The buyer is not entitled to change the way of handling of the complaint after its selection, unless the type of settlement chosen by the seller is not possible at all or not in time.
7.5. The buyer is obliged to take over the claimed goods within 30 days from the date on which the claim should have been settled. Thereafter, the seller is entitled to charge a reasonable storage fee or to sell the goods on the account of the buyer. The seller must inform the buyer in advance of this process and grant the buyer a reasonable grace period for receiving the goods.
7.6. The seller is obliged to provide the buyer with a written confirmation of the date and manner of handling the complaint, including the confirmation of the repair and its duration, or a written justification for the rejection of the claim. This obligation also applies to other persons responsible for repairs.
7.7. If the claim is considered to be legitimate, the buyer is entitled to reimbursement of reasonable costs associated with the exercise of his right.
7.8. In the event the seller rejects the claim as unjustified, the buyer, or in agreement with the seller, may both consult an expert and request an independent expert assessment of the defect.
7.9. In the absence of an agreement between the Buyer and the Seller, the Buyer may refer to existing out-of-court systems for settling consumer disputes, in particular by:

Czech trade inspection
Štěpánská 567/15
120 00 Praha 2 – Nové Město
web pages: http://www.coi.cz