Return policy

for the sale of goods through an online store located at www.spoiled20.com operated by Selfportrait s.r.o., reg. No.: 074 91 077, registered office: Roztylská 1860/1, Chodov, 148 00 Prague 4, registered in the Companies Register maintained by the Metropolitan Court in Prague, Section C, File 301947

(hereinafter referred to as the “Seller”);

Introductory provisions

  1. This Complaints Procedure was compiled in compliance with Act No. 89/2012 Coll., Civil Code, and Act No. 634/1992 Coll., on Consumer Protection.
  2. This Complaints Procedure applies to the conclusion of all purchase agreements between the Seller and another person (hereinafter referred to as the “Buyer”), which may be a consumer under the provisions of Sec. 419 of the Civil Code (hereinafter referred to as the “Buyer – Consumer”) or a business person under the provisions of Sec. 420 of the Civil Code (hereinafter referred to as the “Buyer – Business Person”), and it is an integral part of every purchase agreement concluded between the Seller and the Buyer (hereinafter referred to as the “Purchase Agreement”).
  3. Seller is liable to the Buyer for the fact that the goods are not defective upon receipt by the Buyer. In particular, Seller’s liability towards the Buyer at the time when the Buyer takes over the goods applies to the following:
    3.1. the goods have the properties agreed between the Seller and the Buyer and, in the absence of such agreement, the properties described by the Seller or the manufacturer or which the Buyer expected with regard to the nature of the goods and on the basis of advertising made by them;
    3.2. the goods are suitable for the purpose stated by the Seller for their use or for which goods of this type are usually used;
    3.3. in quality or design, the goods correspond to the agreed sample or model, if the quality or design was determined according to the agreed sample or model;
    3.4. the goods are in the appropriate quantity, extent, or weight;
    3.5. the goods comply with the requirements of legal regulations.
  4. Seller agrees to provide the Buyer – Consumer with a quality guarantee for the purchased goods for the period in compliance with the valid legal provisions, starting from the moment the goods are taken over by the Buyer – Consumer in accordance with the Purchase Agreement. If the goods have a “best before” date / expiration date, the guarantee covers such period indicated on the packaging. During this guarantee period, Seller agrees that the goods or part thereof will be suitable for use for the agreed or usual purpose for the specified period of time and that they will retain the agreed or usual properties. The quality of care directly affects the life of the goods. The life of the goods may not be the same as the duration of the guarantee period. The quality guarantee does not cover defects caused by improper use and unprofessional or inappropriate handling or any damage resulting therefrom, and mechanically caused damage, damage resulting from use in conditions that do not meet the conditions specified by the Seller or the manufacturer, defects caused by negligence of care for the goods, which is in conflict with the recommendations of the Seller.
  5. The Buyer’s rights from defective performance (hereinafter referred to as the “Complaints”) must always be exercised in accordance with this Complaints Procedure. Matters not regulated herein are governed by law of the Czech Republic.

Buyer’s rights from defects in goods

  1. If the goods fail to have the properties listed above hereof, Buyer – Consumer is entitled to:
    • request a reasonable discount from the purchase price;
    • request the elimination of the defect by delivering new goods free of defects;

1.1. If it is an irreparable defect of the goods, Buyer – Consumer is entitled to:

  • request a reasonable discount from the purchase price;
  • request the elimination of the defect by delivering new goods free of defects;
  • withdraw from the Purchase Agreement.

Buyer – Consumer is not entitled to change the selected method of complaint settlement without the consent of the Seller.

Buyer – Consumer does not have any rights from defective performance if the Buyer – Consumer knew that the goods are defective before taking them over, or if the Buyer – Consumer caused the defect him-/herself.

2. Seller’s liability for defects does not apply to wear and tear of the goods caused by their normal use; to goods sold at a lower price for a defect for which the lower price was agreed; in the case of purchase of used goods, to a defect corresponding to the degree of use or wear and tear of the goods when taken over by the Buyer – Consumer; or if it follows from the nature of the goods.
3. The rights of the Buyer – Consumer from liability for defects of goods under the guarantee period expire unless exercised during the guarantee period. The rights of the Buyer – Consumer from liability for defects of goods also cease to exist if the defect of the goods was caused by improper handling in contradiction to the instructions from the Seller; if the goods were mechanically damaged or used in conditions that fail to match the instructions on the package; or if the goods were modified by the Buyer – Consumer or by a third party in any way.
4. Rights from defects must be delivered to the Seller to the following e-mail address: info@spoiled20.com
5. If the Buyer – Consumer exercises his/her rights from defective performance, Seller e-mails him/her a written confirmation of the date of exercising this right, as well as the method of elimination of the defect applied for by the Buyer – Consumer. The Complaint will be settled no later than on the statutory deadline.
6. If the Buyer is to be refunded the purchase price or part thereof which was paid by the Buyer to the Seller in form of a voucher, then the purchase price or part thereof will be refunded to the Buyer in the form of a voucher with the value of the purchase price or part thereof.
7. Under the provisions of Sec. 1837 (e), (g) of the Civil Code, withdrawal from the Agreement is not possible for goods (food) subject to rapid spoilage or for goods that cannot be reused for hygienic reasons or for already used goods (e.g. if the Customer damages the protective packaging of goods or breaks the safety seal or if other contamination of the goods (e.g. food) may occur. With regard to compliance with hygienic standards and these GTC, Customer agrees that in the case of any suspicion of violation hereof by the Customer, Seller is entitled to reject the withdrawal from the Agreement and send the returned goods back to the Customer at the Customer’s expense and if this is not possible (e.g. for hygienic reasons or due to the breach of the protective packaging), Seller is entitled to dispose of the goods immediately.

Deadlines

  1. Buyer – Consumer is entitled to exercise his/her rights from a defect that occurs in the goods within one (1) month of taking it over. After the expiration of this period of time, the right from defect cannot be exercised against the Seller, unless otherwise agreed by the parties. 
  2. If the Buyer – Consumer has rightly complained about the defect to the Seller, the period for exercising the rights from defective performance or the guarantee period do not run while the Buyer – Consumer cannot use the defective goods. If the complaint is not right, the guarantee period is not extended. 
  3. Buyer – Consumer shall exercise his rights from defective performance without undue delay, i.e. within three (3) working days after finding out that there is a defect in the goods. Seller is not liable for any damages if the Buyer – Consumer keeps using the goods in spite of knowing it is defective. 
  4. The period for exercising the rights from defects cannot be considered as determining the service life of the goods, it differs with regard to the properties of the goods, their maintenance and the correctness and intensity of use.

Complaint settlement

  1. Buyer – Consumer is obliged to prove that he/she has the right to file a complaint, in particular to evidence the date of purchase, either by submitting proof of payment for the goods, order number, or in another credible way. Buyer – Consumer is not entitled to file a complaint for a defect that was complained about in the past already, if a reasonable discount on the purchase price was provided. Buyer – Consumer is also obliged to present the defective goods when filing his/her complaint.
  2. The guarantee does not apply to defects caused by processing or modifying these goods by the Buyer – Consumer, if the goods were damaged by classical elements or force majeure or by its use and storage contrary to the recommendations from the Seller.
  3. Seller is obliged to decide on the complaint of the Buyer – Consumer within the period specified by law. The time required for a professional assessment of the defect is not included in this period. Seller is obliged to issue a written confirmation to the Buyer – Consumer, stating the date of the complaint and the characteristics of the alleged defect, the method of settling the complaint requested by the Buyer – Consumer, and the manner in which the Buyer – Consumer will be informed of its settlement. Complaints, including the elimination of the defect, must be settled without undue delay, no later than within 30 days from the date of the complaint. 
  4. The period for settling the complaint is suspended if the Seller has not received all the issues necessary for settling it (goods or parts thereof, etc.). Seller is obliged to request additional issues from the Buyer – Consumer without undue delay. The deadline is suspended from this date until the delivery of the requested issues by the Buyer – Consumer.
  5. If the goods need to be sent to the Seller, Buyer – Consumer in his/her own interest ensures that the goods are packed in a suitable and sufficiently protective packaging material meeting the requirements of the transport of goods.
  6. Seller is obliged to confirm the method of settling the complaint and its duration in writing to the Buyer – Consumer by e-mail.
  7. Buyer – Consumer is not entitled to change the already selected method of complaint settlement without the Seller’s consent, except for the situation when the selected method of settlement cannot be implemented at all or in time.  
  8. If the complaint is recognized as right, Buyer – Consumer is entitled to reimbursement of costs expediently incurred in exercising his/her right from liability for defects of the goods. Damage caused to the Buyer – Consumer by defects in the goods must always be duly evidenced by the Buyer – Consumer to the Seller. This does not affect the Seller’s right to compensation for damage in the event of an unright complaint. In the event of an unright complaint by the Buyer – Consumer, Seller is entitled to demand compensation for all demonstrably incurred damage from the Buyer – Consumer, up to the extent and under the conditions of generally binding applicable legal regulations of the Czech Republic.

Contractual quality guarantee

  1. If the Seller has provided a quality guarantee in addition to their legal obligations, its application is governed by this Complaints Procedure, unless the warranty card or the Purchase Agreement stipulate otherwise.

This Complaints Procedure comes into force and effect on September 1, 2020

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