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Complaints procedure :: Pleva
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Complaints procedure

Complaints Procedure of the company Pleva s.r.o., with its registered office at Českých bratří 325, 517 43 Potštejn, company registration number: 48153061, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, File 3534, for the sale of goods via the online shop located at the web address www.pleva.cz.

Article 1

INTRODUCTORY PROVISIONS

1.1. These Complaints Procedure Rules (hereinafter referred to as the “Complaints Procedure Rules”) of the company Pleva s.r.o., with its registered office at Českých bratří 325, 517 43 Potštejn, company registration number: 48153061, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, File 3534 (hereinafter referred to as the “Seller”), supplements the Seller’s terms and conditions available at www.pleva.cz/en/terms-and-conditions and forms an annex thereto and an integral part thereof. The buyer’s rights arising from defective performance (hereinafter referred to as “complaints”) must always be exercised in accordance with these Complaints Procedure Rules and the Seller’s Terms and Conditions. Matters not covered by these Complaints Procedures shall be governed by the laws of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection, as amended.

1.2. The Seller shall inform the Buyer of these Complaints Procedure Rules in an appropriate manner and, at the Buyer’s request, shall provide them in written form.

1.3. The Seller’s contact details: postal address Českých bratří 325, 517 43 Potštejn; email address obchod@pleva.cz; telephone +420 739 045 380.

1.4. The seller shall not be liable for defects in the following cases:

  • if the defect in the goods existed at the time of handover and a discount on the purchase price has been agreed for such a defect,

  • if the goods are second-hand and the defect corresponds to the degree of use or wear and tear that the goods had at the time of handover to the buyer,

  • the defect in the item arose from wear and tear caused by normal use, or if it results from the nature of the item (e.g. expiry of its service life),

  • it is caused by the buyer and arose from improper use, storage, incorrect maintenance, interference by the buyer or mechanical damage,

  • the defect arose as a result of an external event beyond the seller’s control.

1.5. Beeswax is a natural raw material which, under the influence of light and sunlight, naturally changes colour, i.e. it lightens or, conversely, turns brown. Given these properties of beeswax, any colour changes in beeswax products (e.g. candles) are normal and cannot be regarded as a defect or grounds for a complaint.

Article 2

MAKING A CLAIM

2.1. The buyer has the right to lodge a complaint with the seller, either at the seller’s premises at Českých bratří 325, 517 43 Potštejn, or by sending an email to the seller’s email address obchod@pleva.cz, or by other means, such as via a form, by post, via a data box, or by any other suitable method. The Seller ensures that a member of staff authorised to receive complaints is present at the business premises throughout opening hours.

2.2. To make a complaint, the buyer may use the sample complaint protocol provided by the seller, which forms an annex to these terms and conditions; however, this is not an obligation. If the buyer makes a complaint in writing or electronically, they should provide their contact details, a description of the defect and their preferred method of resolving the complaint.

2.3. The buyer is obliged to prove that they are entitled to make a complaint, in particular by providing evidence of the date of purchase, either by presenting a sales receipt, a confirmation of the seller’s obligations arising from defective performance (warranty certificate), or by other credible means. The buyer is not entitled to make a complaint regarding a defect that has already been raised in the past, provided that a reasonable discount on the purchase price was granted in respect of it.

2.4. The buyer is obliged to inform the seller of the remedy they have chosen either at the time of reporting the defect or without undue delay after reporting the defect. A change of choice without the seller’s consent is only possible if the buyer requested the repair of a defect which proves to be irreparable.

Article 3

TIME LIMIT FOR EXERCISING RIGHTS AND PROVING THE EXISTENCE OF A DEFECT

3.1. The buyer may exercise their rights arising from defective performance within 24 months of taking delivery of the goods. In the case of second-hand goods, the time limit for exercising rights arising from defective performance may be reduced to 12 months; the seller shall indicate such a reduction in the confirmation of obligations arising from defective performance or on the sales receipt. Once this period has expired, the right to claim for defects cannot be exercised against the seller, unless the contracting parties agree otherwise or the seller or manufacturer provides a special quality guarantee going beyond their statutory obligations.

3.2. If a defect becomes apparent within one year of the buyer taking delivery of the goods, the goods shall be deemed to have been defective at the time of delivery, unless the nature of the goods or the defect precludes this; in such a case, the burden of proof that the goods were not defective at the time of delivery lies with the seller. If a defect becomes apparent only after one year has elapsed since the goods were taken over, it is, conversely, the buyer who must prove that the goods were already defective at the time of taking them over if they wish to successfully assert their rights arising from defective performance.

3.3. The buyer shall assert their rights arising from defective performance without undue delay after discovering that the goods are defective. The seller shall not be liable for any increase in the extent of the damage if the buyer continues to use the goods whilst being aware of the defect. If the buyer validly claims a defect against the seller, the time limit for exercising rights arising from defective performance shall not run for the period during which the goods are being repaired and the buyer is unable to use them.

3.4. The buyer acknowledges that, in the event of the goods being replaced as part of the complaint resolution process, no new time limit for exercising rights arising from defective performance shall commence. The time limit shall expire 24 months from the date of taking delivery of the goods following their purchase.

3.5. The time limit for exercising rights arising from defects cannot be regarded as a determination of the goods’ service life; this varies depending on the product’s characteristics, its maintenance, and the correctness and intensity of its use, or an agreement between the buyer and the seller.

Article 4

COMPLAINT HANDLING

4.1. The seller is obliged to decide on a complaint immediately; in more complex cases, within three working days. The time required for a professional assessment of the defect is not included in this period.

4.2. The seller is obliged to issue the buyer with written confirmation stating the date and place of the complaint, a description of the alleged defect, the method of resolving the complaint requested by the buyer, and the manner in which the buyer will be informed of its resolution.

4.3. The complaint, including the rectification of the defect, must be resolved without undue delay, no later than 30 days from the date the complaint was lodged, unless the seller and the buyer agree on a longer period. The expiry of this period without resolution shall be deemed a material breach of contract. The seller is obliged to confirm the method of resolving the complaint and the duration of the process to the buyer in writing.

4.4. The buyer is not entitled to change the method of resolving the complaint once selected without the seller’s consent, except where the method chosen by the buyer cannot be implemented at all or in a timely manner.

4.5. If it is not possible to track the status of the complaint online, the seller undertakes to inform the buyer of the outcome of the complaint, at the buyer’s request, by email or via SMS.

4.6. The Buyer is obliged to collect the goods subject to the complaint within 30 days of the date by which the complaint was to have been resolved at the latest; after this period, the Seller is entitled to charge a reasonable storage fee or to sell the goods on the Buyer’s behalf. The Seller must notify the Buyer of this procedure in advance and grant them a reasonable additional period to collect the goods.

Article 5

QUALITY UPON TAKEOVER

5.1. The seller declares that the goods are being handed over to the buyer in accordance with the provisions of Section 2161 of the Civil Code, namely that:

  • the goods possess the characteristics agreed between the buyer and the seller; where no such agreement exists, they possess the characteristics described by the seller or the manufacturer, or those which the buyer would reasonably expect given the nature of the goods and on the basis of the seller’s or manufacturer’s advertising,

  • the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are ordinarily used,

  • the goods are of the appropriate quantity, measure or weight, and

  • the goods comply with the requirements of legislation.

5.2. Should the goods fail to meet the above requirements upon receipt by the buyer, the buyer is entitled to the delivery of new goods free from defects, provided this is not disproportionate given the nature of the goods. If the defect relates only to a part of the goods, the buyer may only request the replacement of that part; if this is not possible, the buyer may withdraw from the contract and demand a full refund of the purchase price. However, if this is disproportionate given the nature of the defect – in particular, if the defect can be remedied without undue delay – the buyer is entitled to have the defect remedied free of charge.

5.3. If the buyer does not withdraw from the contract or does not exercise the right to have new goods delivered free from defects, to have a part replaced or to have the goods repaired, they may request a reasonable discount on the purchase price. The buyer is also entitled to a reasonable discount if the seller is unable to supply new goods free from defects, replace a part or repair the goods, as well as if the seller fails to remedy the defect within a reasonable time or if remedying the defect would cause the consumer considerable inconvenience.

5.4. If a defect becomes apparent within six months of acceptance, the item shall be deemed to have been defective at the time of acceptance.

Article 6

THE SELLER'S LIABILITY FOR A DEFECT THAT IS A MATERIAL AND IMMATERIAL BREACH OF CONTRACT

6.1. The seller’s liability for defects constituting a material or immaterial breach of contract shall apply to defects in the goods arising within 24 months of acceptance, in respect of defects for which liability for quality at the time of acceptance does not apply pursuant to Article 5 of these Complaints Rules. A defect is deemed to constitute a material breach of contract where the buyer would not have entered into the contract had they foreseen the defect at the time of concluding the contract; in all other cases, the defect does not constitute a material breach of contract.

6.2. If the defect constitutes a material breach of contract, the buyer is entitled, at their discretion, to the supply of a new item, repair, a reasonable price reduction or to withdraw from the contract (with the right to a full refund of the purchase price). If the defect constitutes a non-material breach of contract, the buyer is entitled to have the defect rectified or to a reasonable price reduction.

6.3. The buyer is entitled to the delivery of a new, fault-free item, the replacement of a part, a price reduction or the right to withdraw from the contract, regardless of the nature of the defect, if they are unable to make proper use of the item due to the defect recurring after repair or due to a significant number of defects.

Article 7

CLAIMS AND DISPUTE RESOLUTION COSTS

7.1. If a complaint is deemed valid, the buyer is entitled to reimbursement of reasonable costs incurred in connection with the exercise of their rights.

7.2. Should the seller reject the complaint as unjustified, the buyer, or both parties by mutual agreement with the seller, may consult a court-appointed expert in the relevant field and request an independent expert assessment of the defect.

7.3. The buyer is entitled to the out-of-court resolution of any consumer dispute arising from the sales contract. The buyer must first attempt to settle the dispute directly with the seller. If no agreement is reached, the Czech Trade Inspection Authority, with its registered office at Gorazdova 1969/24, 120 00 Prague 2, website www.coi.cz, is competent to resolve consumer disputes out of court; the buyer may contact this authority, or alternatively, the buyer may bring the matter before the competent court.

Article 8

CONTRACTUAL QUALITY GUARANTEE

8.1. Where the seller has provided a quality guarantee beyond the scope of their statutory obligations, the exercise of such a guarantee shall be governed by these Complaints Procedures, unless the confirmation of the seller’s obligations arising from defective performance (warranty certificate) or the contract provides otherwise.

Article 9

FINAL PROVISIONS

9.1. These Complaints Procedures form an annex and an integral part of the Seller’s terms and conditions and are linked to them; the provisions of the Seller’s terms and conditions shall also apply to matters not expressly governed by these Complaints Procedures.

9.2. These Complaints Procedures shall come into force on 12 October 2026.

 

Download: Complaint protocol