Complaints Procedure

This is a courtesy translation. The Czech version is legally binding.

This Complaints Procedure governs the buyer's rights arising from defective performance in respect of goods purchased in the Kaviár Dům shop and forms an integral part of the Terms and Conditions. It is governed by Act No. 89/2012 Coll., the Civil Code (zákon č. 89/2012 Sb., občanský zákoník), and Act No. 634/1992 Coll., on Consumer Protection (zákon č. 634/1992 Sb., o ochraně spotřebitele).

1. What we are responsible for

The seller is responsible for the goods being free from defects at the time of receipt — for their conforming to the description, quantity, quality and the purpose for which they are used, and for their having been delivered in undamaged packaging and at the appropriate temperature. For food products, the seller is responsible in particular for maintaining the cold chain until handover to the buyer.

2. By when a defect may be notified

• For food products, a defect may be notified until the use-by date or, where applicable, the best-before date marked on the packaging. Given the nature of the goods, please notify us of a defect without undue delay after discovering it, ideally on the same day.
• For other goods (for example accessories), a consumer may notify a defect that becomes apparent within two years of receipt.
• Please report visibly damaged packaging and leaking or warm parcels immediately upon receipt and, if possible, take a photograph — this will make the handling easier.

3. How to make a complaint

1. Write to [email protected] or call +420 774 410 515. A complaint may also be made by post to the address of our registered office.
2. State the order number, which goods are concerned, and a description of the defect. For food products, a photograph of the packaging, of the label with the use-by date and of the defect itself is very helpful.
3. Do not consume the defective food product and, if possible, keep it refrigerated until the complaint is settled. We do not ask you to transport an unsafe food product across the whole country — a photograph and the proof of purchase are usually sufficient; in that case we will agree with you on what to do with the remainder.

4. How we settle a complaint

1. Upon receipt of a complaint, we will issue the buyer with a written confirmation stating the date, a description of the defect and the requested method of settlement.
2. We will settle the complaint no later than 30 days after it was made, unless we agree on a longer period with the buyer. We will issue a confirmation of settlement. If this period expires without the complaint being settled, this constitutes a material breach of the contract and gives rise to the right to withdraw.
3. The buyer may request delivery of new goods or a repair. If this is not possible or reasonable, they may request a reasonable discount or withdraw from the contract. For perishable food products, we will usually deliver new goods or refund the money.
4. If the complaint is justified, the buyer is entitled to reimbursement of the costs reasonably incurred in making it.
5. We refund money in the same way in which we received it, unless agreed otherwise.

5. When a complaint cannot be accepted

• the defect was caused by improper storage by the buyer, in particular by freezing the caviar or leaving it outside the refrigerator,
• the use-by date has passed,
• the goods were mechanically damaged after receipt,
• it concerns a characteristic of which the buyer was informed in advance and for which the price was reduced.

6. If you are not satisfied

A consumer may contact the Czech Trade Inspection Authority (Česká obchodní inspekce) (Central Inspectorate – ADR Department, Gorazdova 1969/24, 120 00 Praha 2, adr.coi.cz) with a proposal for out-of-court dispute resolution. Supervision of food products is carried out by the Czech Agriculture and Food Inspection Authority (Státní zemědělská a potravinářská inspekce).