Returns and complaints

Extract from Articles 6 to 9 and the annexes of the Terms and Conditions of Naturlabs s.r.o. You will find the full wording in the Terms and Conditions.

6. Rights arising from defective performance

6.1. The seller is liable to the buyer for the goods being free of defects on receipt (at the moment the risk of damage passes). In particular, the seller guarantees that the product:

1. is fit for the purpose agreed by the parties, or for the purpose for which goods of this kind are usually used;
2. has the agreed characteristics, description, quantity, quality, functionality and compatibility;
3. is supplied with complete accessories and instructions for use, which are normally stated on the packaging.

6.2. In addition to the agreed characteristics, the seller further guarantees that:

1. the Goods correspond in quantity, quality and other characteristics, including durability and safety, to the usual characteristics of goods of the same kind that the Buyer can reasonably expect, also with regard to public statements made by the Seller or another person in the same contractual chain, in particular through advertising or labelling;
2. the Goods are supplied with accessories, including packaging and instructions for use stated on the product packaging.

6.3. The buyer must unpack the goods without undue delay after delivery and inspect them carefully. The buyer is entitled to claim any defects found (make a complaint) with the seller within the statutory period of two years (24 months) from receipt. To make a complaint, the buyer may use the model form in Annex 1 to these terms and conditions. The complaint must be sent electronically to office@naturlabs.cz and must state the exact specification of the goods and a detailed description of the defect, ideally with a photo or video of the damage. The buyer must send the goods subject to the complaint to the address of the complaints centre: Naturlabs s.r.o., Bohunická cesta 990/31, 664 48 Moravany u Brna.

6.4. The seller will send the buyer a confirmation of receipt of the complaint. The complaint must be settled (including removal of the defect and informing the customer) no later than 30 days after it was made, unless the parties agree in writing on a longer period. If the Seller does not settle the complaint within this 30-day period, this is considered a material breach of the Contract and the Buyer has the right to withdraw from the Contract or to request a reasonable discount. If the complaint is accepted and the buyer withdraws, the seller will refund the purchase price without undue delay after receiving the goods or proof that they were sent.

6.5. For food supplements, cosmetics and foods, the seller is liable for the product retaining its characteristics for the minimum durability period, the date of which (use-by or expiry date) is marked on the packaging. Rights arising from defective performance for this type of goods must be exercised no later than this date. The seller is not liable for defects and damage caused by using the products contrary to the instructions or as a result of improper storage by the buyer (for example exposing cosmetics or food supplements to sunlight, frost or moisture).

6.6. Rights and obligations relating to rights arising from defective performance are governed by these terms and conditions and, to the extent not regulated by them, by generally binding legislation (in particular Sections 2099 to 2117 of the Civil Code).

6.7. In the event of defective performance, the buyer has the right to have the defect removed free of charge. At their choice, they may request delivery of new Goods without defects or repair of the Goods, unless the chosen method of removing the defect is impossible or disproportionately costly compared with the other; this is assessed in particular with regard to the significance of the defect, the value the Goods would have without the defect and whether the defect can be removed by the other method without considerable inconvenience to the Buyer. The Seller may refuse to remove the defect if this is impossible or disproportionately costly, in particular with regard to the significance of the defect and the value the Goods would have without the defect. If the defect cannot be removed, the Buyer has the right to a reasonable discount on the Purchase Price or, if the defect is material, to withdraw from the Contract. Where several items of Goods are purchased, rights arising from defective performance always apply only to the individual defective items.

6.8. The Buyer may request a reasonable discount or withdraw from the Contract if

1. the Seller has refused to remove the defect or has not removed it in accordance with the previous paragraph,
2. the defect recurs,
3. the defect is a material breach of the contract, or
4. it is clear from the Seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without considerable inconvenience to the Buyer.

The reasonable discount is determined as the difference between the value of the Goods without the defect and the defective Goods received by the Buyer.

6.9. The Buyer cannot withdraw from the contract if the defect of the goods is entirely insignificant; a defect is presumed not to be insignificant. If the Buyer withdraws from the contract, the Seller will refund the purchase price to the Buyer without undue delay after receiving the goods or after the Buyer proves that the goods were sent.

6.10. The Seller is not liable for defects of the Goods or other damage caused by using the Goods contrary to the instructions for use stated on the packaging of the respective Goods or contrary to clauses 5.8 and 5.9 of these Terms and Conditions.

7. Withdrawal from the contract

7.1. In accordance with Section 1829(1) of the Civil Code, a consumer has the right to withdraw from a distance contract without giving any reason within 14 days of the day of receipt of the goods. The Seller is entitled to withdraw from the Contract in the cases set out in the Contract, these Terms and applicable legislation.

7.2. To withdraw, the buyer may use the form available on the website or in Annex 2 to these terms. The seller will confirm receipt of the form by email without delay.

7.3. The buyer acknowledges that under Section 1837(g) of the Civil Code it is not possible to withdraw from a contract for the supply of goods in sealed packaging that the consumer has removed from the packaging and that cannot be returned for hygiene or health protection reasons. If, for food supplements or cosmetics, the protective closure is opened, the seal or film is removed or the box (the direct packaging of the item) is opened, the right to return the goods within 14 days without giving a reason lapses and such goods can no longer be returned or refunded for safety and hygiene reasons.

7.4. In the event of a valid withdrawal, the buyer must send the goods back no later than 14 days after sending the withdrawal to the address: Authentica Fulfillment s.r.o., Hala Prologis DC1, vchod C, Syrovice 688, 664 67 Syrovice. The buyer bears the direct costs of returning the goods (postage) in full.

7.5. Within 14 days of delivery of the notice of withdrawal, the seller will refund to the buyer all money received, including the cost of delivering the goods to the customer (in the amount corresponding to the cheapest delivery method offered in the e-shop), using the same means of payment as the seller received, unless the buyer agrees to another method. The seller is not obliged to refund the money before physically receiving the goods back or before the buyer credibly proves that the goods were sent.

7.6. The buyer is liable to the seller for any reduction in the value of the goods resulting from handling them beyond what is necessary to establish their nature and characteristics (that is, the way they would examine the goods in a physical shop). The seller is entitled to unilaterally set off the claim for compensation (reduction in value of the goods) against the buyer's claim for a refund of the purchase price.

8. Out-of-court settlement of consumer disputes

8.1. If a dispute arises between the seller and a consumer under the purchase contract that cannot be resolved directly, the consumer has the right to an out-of-court settlement of the dispute.

8.2. The competent body for out-of-court settlement of consumer disputes is the Czech Trade Inspection Authority (ČOI). More information, rules and forms for starting proceedings are available on its official website https://coi.gov.cz/informace-o-adr/.

9. Specific provisions for a Buyer who is a business

9.1. The provisions on withdrawal from the contract without giving a reason within 14 days (Article 7) and the provisions on specific consumer rights arising from defective performance (in particular clauses 6.2, 6.6 and 6.7) do not apply to a Buyer who is a Business. The contractual relationship with a Business is governed exclusively by the general statutory rules of the Civil Code.

9.2. A business buyer has no right to withdraw from a concluded Contract without giving a reason. Any return of goods by a Business is possible only on the basis of a prior written agreement with the Seller and under the conditions set out in it.

9.3. The Seller is not liable to a Business for defects of the Goods that arose after the risk of damage to the goods passed. No quality guarantee (including the shelf life or expiry of food supplements and cosmetics) is provided to a Business unless expressly agreed in writing between the parties.

9.4. A Business must inspect the Goods immediately on receipt. Any obvious defects, damage or differences in quantity must be claimed by the Business in writing with the Seller no later than 3 working days after receipt of the Goods, otherwise its rights arising from defective performance lapse.

9.5. The period for settling a complaint by a business Buyer is 60 days from when it is properly made and the Goods are delivered to the address of the Seller's complaints centre. In the case of a justified complaint by a Business, the Seller has the right to remove the defect primarily by delivering replacement (new) Goods or by providing a reasonable discount on the Purchase Price; a Business has no right to withdraw from the Contract unless the defect cannot be removed.

9.6. If a business Buyer is in default with payment of the Total Price or any other payment under these Terms, the Seller is entitled to claim default interest at the statutory rate for each day of default or part of it.

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Annex 1: Complaint form

Addressee: Naturlabs s.r.o., Chudenická 1058/32, Hostivař, 102 00 Praha 10, email: office@naturlabs.cz

Complaint

Date the Contract was concluded:
Order number:
Full name:
Address:
Phone:
Email address:
Goods subject to the complaint:
Description of the defects of the Goods:

Date: ______________________ Signature: ______________________

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Annex 2: Withdrawal form

Addressee: Naturlabs s.r.o., Chudenická 1058/32, Hostivař, 102 00 Praha 10, email: office@naturlabs.cz

I hereby give notice that I withdraw from the Contract:

Date the Contract was concluded:
Full name:
Address:
Email address:
Specification of the Goods to which the Contract relates:
Method for returning the money received, or bank account number:

Date: ______________________ Signature: ______________________