Complaints Procedure of the e-shop

The Complaints Procedure describes the rules for exercising rights from defective performance (complaints) in connection with the purchase of goods or the use of services offered on our e-shop www.drink-vassa.com.

 

This Complaints Procedure will apply to you if you are:

(i) a private individual (consumer) purchasing goods for your own use or the use of your family, and also if you are (i) a private individual (consumer) purchasing goods for your own use or the use of your family, and also if you are

(ii) a legal person (entrepreneur)

 

The rights and obligations not regulated by these Complaints Rules are governed by the applicable laws of the Czech Republic and apply to VASSA SPIRIT s.r.o., ID No.: 06962971, VAT No.: CZ06962971, with its registered office at: Na Folimance 2155/15, 120 00, Prague 2, registered at the Municipal Court in Prague, Section C, Insert 292167

1. DEFECTIVE PERFORMANCE RIGHTS

You are entitled to exercise the right to claim for defects that appear in the goods within 24 months of receipt of the goods, unless otherwise stated in this Complaints Procedure. This does not apply to:You are entitled to exercise the right to claim for defects which become apparent within 24 months of receipt of the goods, unless otherwise stated in this Complaints Procedure. This does not apply to:
(a) Goods that have a legally specified period of time for which they can be used, i.e. a shelf life or minimum durability (which is typically stated on the packaging or on our e-shop)
b) defective goods that we have discounted because of the same defect;
c) a defect in the goods caused by excessive loading or use in conditions that are not reasonable for such goods
d) a defect in the goods caused by wear and tear, improper use or intervention, storage or improper maintenance in contravention of our instructions or the manufacturer's instructions (instructions for use of the goods) or other intervention; and
e) a defect in the goods which is caused by an external event beyond our control.

If we do not specifically notify you before the conclusion of the purchase contract that a characteristic of the goods differs and you do not expressly agree to this, we shall further be liable to you for the fact that, in addition to the agreed characteristics of the goods:
1. it is suitable for the purpose for which goods of that kind are normally used
2. it is supplied with accessories, including packaging and other instructions for use 3. it corresponds in quality or workmanship to the sample or specimen we provided to you before the conclusion of the purchase contract.

If the defect of the goods becomes apparent within 1 year of receipt, the goods shall be deemed to have been defective upon receipt, unless the nature of the goods precludes it; this period shall not run for the time during which you cannot use the goods, if you rightly complain about the defect.

You cannot claim the right of defective performance if you caused the defect.

A defect is not wear and tear caused by normal use of the goods.

If you have a right under Section 1923 of Act No. 89/2012 Coll., the Civil Code, as amended, you are also entitled to compensation for the costs reasonably incurred in exercising this right. However, if you do not exercise the right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court will not grant the right if you argue that the right to compensation was not exercised in time.

 

2. METHOD OF COMPLAINT

You can claim the goods in the following ways:
a) by email to: info@vassaspirit.com
b) by phone at 607 502 171, Mon to Fri between 7:00 am and 2:00 pm
c) by post (send a letter, preferably registered, to the address of the company's registered office)

When making a complaint, you have the right to ask us to rectify the defect that the goods have. This does not apply if the chosen method of removing the defect is impossible or unreasonably expensive, which we will assess in particular in the light of the significance of the defect, the value the goods would have had without the defect and whether the defect can be removed without significant difficulty for the customer.
Our company will remedy the defect within a reasonable time after it has been pointed out to you so that it does not cause you significant inconvenience, taking into account the nature of the goods and the purpose for which you bought them.

We will take delivery of the goods at your expense to remedy the defect.

If you do not take possession of the goods within a reasonable time after we have notified you of the possibility of taking possession of the goods after repair, we shall be entitled to a storage charge at the market rate.

As a customer, you may request a reasonable discount or withdraw from the purchase contract if:
a) our e-shop drink-vassa.com has refused to remedy the defect or has not remedied it in accordance with the above provisions;
b) the defect appears repeatedly;
c) the defect is a material breach of the purchase contract; or
d) it is apparent from our statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial hardship to the customer.

A reasonable discount will be determined as the difference between the value of the goods without the defect and the defective goods you have received.

You cannot withdraw from the contract if the defect is insignificant.

If you withdraw from the purchase contract, we will refund the purchase price without undue delay once we have received the goods intact in their original packaging. In the event that we receive the goods in opened packaging we reserve the right to charge a usage fee.

3. COMPLAINT PROCESS

We recommend that you check the ordered goods immediately after receiving them and ascertain their characteristics and quantity.We recommend that you check the ordered goods immediately after receiving them and ascertain their characteristics and quantity.

To make a claim, please use our "claim form" or "withdrawal form" on our website.

We are obliged to issue you with a written confirmation stating the date on which you made the claim, what it contains, the method of handling the claim you require and your contact details for the purpose of providing you with information about the handling of the claim.

The claim, including the rectification of the defect, must be settled and you must be informed of the settlement of the claim within 30 days of the date of the claim, unless you agree a longer period with us. If we do not deal with the complaint within the specified period and do not inform you of the manner of its settlement, you are entitled to withdraw from the purchase contract or to demand a reasonable discount on the purchase price.

We are obliged to issue you with a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification for rejecting the complaint.

In the event of a claim for part or all of the order, you will be issued with a corrective tax document in accordance with Section 73 of Act No. 235/2004 Coll., on Value Added Tax, as amended. The date of confirmation of the corrective tax document is the date on which the corrective tax document was provided to you

4. FINAL REGULATIONS

Changes to the Complaints ProcedureThis Complaints Procedure may be unilaterally amended or supplemented by our company. The changes made do not affect the rights and obligations arising from purchase contracts concluded before the new Complaints Procedure came into force.

This Complaints Procedure is effective as of 6 January 2023.