COMPLAINTS PROCEDURE

to the company INFINITE MedStyle s.r.o., ID number: 077 70 634, with registered office at Svatojánská 678/11, Třebeš, 500 11 Hradec Králové, registered in the commercial register maintained by the Regional Court in Hradec Králové, section C, file 43982 (hereinafter referred to as the "Seller")

1.              INTRODUCTORY PROVISIONS

1.1.        This complaint policy (hereinafter referred to as the "Complaint Policy") governs the mutual rights and obligations of the Seller and persons who have concluded a purchase agreement with the Seller (hereinafter referred to as the "Buyer" and the "Contract") through the Seller's online store available at www.infinitemedstyle.cz (hereinafter only "E-shop"). The conclusion of Contracts and the operation of the E-shop are governed by separate Terms and Conditions of the Seller.

1.2.        The complaints procedure is issued in accordance with Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll., on consumer protection, as amended (hereinafter referred to as the "Act on consumer protection"). Legal relations between the Seller and the Buyer related to rights from defective performance not expressly regulated by the Complaints Code are governed by the legal code of the Czech Republic.

1.3.      The Complaints Regulations apply both to cases where the Buyer is a person who, when concluding the Contract, acts as part of his business activity or as part of his independent performance of a profession (hereinafter referred to as the "Entrepreneur"), as well as to cases where the Buyer is a natural person who when concluding a contract, he acts outside the scope of his business activity or the scope of the independent performance of his profession (hereinafter referred to as the "Consumer").

1.4.        The Complaints Procedure is an integral part of the Seller's Terms and Conditions governing the operation of the E-shop and the conclusion of Contracts.

2.              RIGHTS FROM DEFECTIVE PERFORMANCE

2.1.        The Seller is responsible to the Buyer for the fact that the goods are free of defects when the Buyer takes them over. The goods delivered by the Seller under the Contract are defective if:

2.1.1.            the goods do not have the properties agreed upon by the parties, and in the absence of an agreement, such properties that the Seller described or that the Buyer expected with regard to the nature of the goods and based on the advertising carried out;

2.1.2.            the goods are not suitable for the purpose that the Seller states for their use or for which goods of this type are usually used;

2.1.3.            the goods are not complete, or their quantity, weight, or quality does not correspond to the Contract;

2.1.4.            the goods do not meet the requirements of legal regulations.

2.2.        If a defect becomes apparent within six months of receiving the goods, it is considered that the defect already existed when the goods were received.

2.3.        The Buyer - the Consumer is entitled to exercise the right from a defect that occurs in the goods within twenty-four months of its acceptance, the Buyer - the Entrepreneur is entitled to exercise the right from the defect that the goods had at the time of acceptance by the Buyer. However, the above shall not apply:

2.3.1.            for items sold at a lower price due to a defect for which a lower price was agreed;

2.3.2.            for the wear and tear of the thing caused by its usual use;

2.3.3.            for used items for a defect corresponding to the degree of use or wear and tear the item had when it was taken over by the Buyer; or

2.3.4.            if it follows from the nature of the matter.

2.4.        Rights from defective performance do not belong to the Buyer, if the Buyer knew before taking over the item that the item had a defect, or if the Buyer caused the defect himself.

2.5.        If it is a defect that can be removed, the Buyer has the right to have it removed free of charge, and the Seller is obliged to remove the defect without undue delay. If this is not disproportionate due to the nature of the defect, the Buyer may demand the replacement of the item, or if the defect concerns only a part of the item, the replacement of this part. If such a procedure is not possible, the Buyer may request a reasonable discount on the price of the goods or withdraw from the Contract with the Seller.

2.6.        If it is a defect that cannot be removed and which prevents the item from being properly used as a defect-free item, the Buyer has the right to exchange the item or withdraw from the Contract. The same rights belong to the Buyer, if the defects are removable, but the Buyer cannot properly use the item due to the reappearance of the defect after repair or due to a larger number of defects. Reoccurrence of a defect is a defect that has manifested itself for the third time. If there are other defects that cannot be removed and if the Buyer does not demand the exchange of the item, the Buyer has the right to a reasonable discount on the price of the item or may withdraw from the Contract.

2.7.        Unless otherwise stipulated in the Complaints Code, the rights and obligations of the Seller and the Buyer regarding rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

3.              ACCEPTANCE OF GOODS UPON DELIVERY BY CARRIER

3.1.        The buyer is obliged to check the condition of the shipment (number of packages, integrity of the tape, intactness of the packaging) in accordance with the Agreement and the document from the carrier without undue delay after the delivery of the goods by the relevant carrier or delivery service provider.

3.2.        The buyer is entitled to refuse to accept goods that are obviously damaged, or the transport packaging is clearly damaged in a significant way, which gives rise to a reasonable presumption that the shipment has been tampered with, or that the goods inside are damaged (this also applies to cases where package to see that it has been exposed to the effects of weather or water). If the Buyer nevertheless takes over the damaged shipment from the carrier, he is obliged to describe the damage in the carrier's handover protocol and notify the Seller without undue delay at the contact email listed below. The seller recommends taking photo documentation of the package and/or damaged packaging at the same time.

4.            PROCEDURE FOR APPLICATION AND PROCEDURE OF COMPLAINTS

4.1.        In the event that the Buyer discovers a defect in the goods during the period specified in Article 2 of these Complaints Regulations, or during the warranty period according to these Complaints Regulations, he has the right to claim the goods.

4.2.        The Buyer is obliged to file a complaint with the Seller using the form available on the Seller's website /vratky-reklamace/, without undue delay after discovering a defect or other problem.

4.3.      In the notification of a complaint according to paragraph 4.2, the Buyer is obliged to provide all the information required by the form at that moment (in particular, a description of the defect and a request for the method of handling the complaint, and thus what rights he/she is exercising due to defective performance). The Buyer is obliged to submit to the Seller, together with the complaint, the claimed goods and proof of purchase of the goods from the Seller (typically an invoice, tax or other proof of purchase). If the Buyer sends the goods to the Seller by transport service, he is obliged to pack the goods in such a way as to prevent any damage during transport, together with all accessories and documentation that were part of the original packaging of the goods. The seller will not accept shipments sent on cash on delivery.

4.4.        The Seller will issue a written confirmation to the Buyer of when the Buyer has exercised the right, what the content of the claim is and what method of handling the claim the Buyer requires.

4.5.        The seller decides on the claim immediately, in complex cases within 3 working days. This period does not include the time appropriate for the type of goods and required for a professional assessment of the defect.

4.6.        The complaint, including possible removal of the defect, will be handled by the Seller as soon as possible, but no later than within 30 (thirty) days from the date of its proper application (as described above). The Seller can agree with the Buyer to extend this period. If the Seller does not comply with the specified deadline, the Buyer has the same rights as if it were a material breach of the Contract, i.e. he is entitled to withdraw from the Contract.

4.7.        Within the above-mentioned period, the Seller will issue the claimed goods to the Buyer for handling the complaint, as well as a confirmation of the date and method of handling the complaint, including a confirmation of the execution of any repair and its duration or of the replacement of the goods, or a written justification for the rejection of the complaint.

4.8.        Any warranty provided by the Seller is extended by the period from the application of the complaint until its settlement or until the time when the Buyer was obliged to pick up the item. In the event of an unauthorized complaint, the quality guarantee is not extended.

4.9.        In the case of a justified complaint, the Buyer is entitled to compensation for the purposefully incurred costs of the complaint incurred by him in connection with the exercise of legitimate rights from liability for defects (in particular, the postage he paid when sending the claimed goods). The buyer will send a request for payment of costs to the email address listed below in this Complaints Policy. In the e-mail, he will state the claim number, the account number and attach documents on the expenditure of the required costs (e.g. filing slips or other documents). The Seller decides on the expediency of spending costs by the Buyer.

5.              CONTACT DETAILS FOR MAKING COMPLAINTS

5.1.        For the purposes of exercising rights from defective performance, the Buyer will use the form available on the Seller's website /vratky-reklamace/. For the purposes of other related communication, the Buyer is obliged to use one of the following contacts:

5.1.1.            e-mail: info@infinitemedstyle.cz,

5.1.2.            mailing address: INFINITE MedStyle s.r.o., Svatojánská 678, 500 11, Hradec Králové.

5.2.        The Seller will contact the Buyer in the way that the Buyer used to communicate with the Seller, or at the contact details specified in the Agreement or in the user account on the Seller's E-shop.

6.              COMMON AND FINAL PROVISIONS

6.1.        The provisions of this Complaints Regulation do not affect the rights and obligations of the Buyer under the Terms and Conditions (especially with regard to the right to withdraw from the Contract and others).

6.2.        These Complaints Rules become valid and effective on October 18, 2022.