COMPLAINTS PROCEDURE OF YGGNE THE LABEL S.R.O.
BASIC PROVISIONS
This complaints procedure of the company Yggne The Label s.r.o., with its registered office at Na pomezí 1347/30, Košíře, 150 00 Prague 5, Company ID No.: 21786186, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 406497 (“seller”) governs the basic mutual rights and obligations of the buyer in connection with the exercise of rights arising from defective performance or quality guarantee (complaints) when concluding purchase contracts using means of distance communication, in particular through the web interface of the online store at www.yggne.com.
This Complaints Procedure forms an integral part of the seller's Terms and Conditions (“TC”) and, unless otherwise stated in this document, the terms used herein have the same meaning as in the TC.
Rights and obligations not governed by this Complaints Procedure or the TC are governed by the applicable laws of the Czech Republic.
The buyer is obliged to familiarise themselves with this Complaints Procedure and the TC before ordering goods.
RIGHTS FROM DEFECTIVE PERFORMANCE AND QUALITY GUARANTEE
If the buyer is a consumer, they may complain about a defect that appears in the goods within two (2) years of receipt, unless otherwise agreed; if the buyer has justifiably complained to the seller about a defect, the period referred to in the previous sentence shall not run for the period during which the buyer cannot use the item.
The seller is liable to the buyer for the goods being free of defects upon receipt. In particular, the seller is liable to the buyer that at the time of receipt:
- the goods correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
- the goods are fit for the purpose for which the buyer requires them and which the seller has agreed to;
- the goods are delivered with the agreed accessories and instructions for use, including assembly or installation instructions.
Unless the seller specifically informs the buyer before concluding the purchase contract that a certain characteristic of the goods differs, and the buyer does not expressly agree to this, the seller is further liable to the buyer that, in addition to the agreed characteristics within the meaning of Article 2.1, the goods:
- is suitable for the purpose for which goods of this type are normally used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct for the given sector, if there are no technical standards;
- in terms of quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual characteristics of goods of the same type that the buyer can reasonably expect, also with regard to public statements made by the seller or another person in the seller's contractual chain, in particular through advertising or labelling. The seller is not bound by a public statement under the previous sentence if they prove that they were not aware of it or that at the time of conclusion of the purchase contract it was modified in at least a comparable manner to how it was made, or that it could not have influenced the decision to purchase;
- it is delivered with accessories, including packaging, assembly instructions and other instructions for use that the buyer can reasonably expect; and
- it corresponds in quality or design to a sample or model that the seller provided to the buyer before the conclusion of the purchase contract.
If a defect in the goods becomes apparent within one (1) year of receipt, the goods are deemed to have been defective at the time of receipt, unless the nature of the goods excludes this; this period does not run for the time during which the buyer cannot use the item, if they have justifiably complained about the defect.
If the buyer acts within the scope of their business activities when concluding the purchase contract (i.e., if the buyer is not a consumer), the period for exercising rights arising from defective performance for goods is 12 months.
If the purchase agreement, warranty certificate (conditions), advertisement or product packaging specify different warranty periods, the longest period shall apply.
The buyer is not entitled to rights arising from defective performance if they caused the defect themselves. Wear and tear caused by normal use of the item or, in the case of a used item, wear and tear corresponding to the extent of its previous use, shall not be considered a defect.
If the item has a defect, the buyer may request its removal. At their discretion, they may request the delivery of a new item without defects or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately costly compared to the other; this shall be assessed in particular with regard to the significance of the defect, the value that the item would have without the defect, and whether the defect can be removed by the other method without significant difficulties for the buyer.
The seller may refuse to remedy the defect if it is impossible or disproportionately costly, in particular with regard to the significance of the defect and the value that the item would have without the defect.
The seller shall remove the defect within a reasonable time after it has been reported, so that it does not cause significant difficulties for the buyer, taking into account the nature of the item and the purpose for which the buyer purchased it.
The seller shall take over the item at their own expense in order to remove the defect. If this requires the disassembly of the item, which was assembled in accordance with the nature and purpose of the item before the defect became apparent, the seller shall disassemble the defective item and assemble the repaired or new item or shall reimburse the costs associated therewith.
If the buyer does not take delivery of the item within a reasonable time after the seller has notified them of the possibility of taking delivery of the item after repair, the seller shall be entitled to compensation for storage; if the parties do not agree on the amount, the usual amount shall apply.
The buyer may demand a reasonable discount or withdraw from the contract if:
- the seller has refused to remove the defect or has not removed it in accordance with Articles 2.7 and 2.8;
- the defect recurs repeatedly;
- the defect constitutes a material breach of contract; or
- 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 significant inconvenience to the buyer.
A reasonable discount shall be determined as the difference between the value of the item without the defect and the defective item received by the buyer.
The buyer may not withdraw from the contract if the defect in the item is insignificant; the defect shall not be considered insignificant.
If the buyer withdraws from the contract, the seller shall return the purchase price to the buyer without undue delay after receiving the item or after the buyer proves that the item has been sent.
The provisions set out in this Complaint Procedure shall not apply if:
- the defect already existed at the time of acceptance and a discount on the purchase price has been agreed for such a defect;
- the defect was caused by the buyer and arose as a result of improper handling or treatment of the goods;
- the defect was caused by excessive strain or use in conditions other than those appropriate for the goods;
- the defect was caused by the buyer and arose from improper use, storage or maintenance contrary to the instructions of the seller and manufacturer or other intervention by the buyer or mechanical damage; or
- the defect arose as a result of an external event beyond the seller's control.
The buyer acknowledges that if the goods are delivered by a courier service or other carrier, the buyer is obliged to check the integrity of the packaging and adhesive tape before confirming receipt, and in case of doubt that the shipment is defective, the buyer has the right to refuse to accept an incomplete or damaged shipment.
COMPLAINT PROCEDURE
The buyer is obliged to report the defect without undue delay after having had the opportunity to inspect the goods and having been able to detect the defect with sufficient care, either by indicating the defect or by reporting how it manifests itself.
In particular, the buyer is obliged to properly inspect the goods for quantitative or qualitative defects before signing the delivery note.
The buyer has the right to file a complaint with the seller at any of its establishments where it is possible to accept complaints with regard to the range of goods sold, or at its registered office; however, if another person is designated to perform the repair at the seller's location or at a location closer to the buyer, the buyer shall report the defect to the person designated to perform the repair.
The buyer has the right to make a complaint by post or by email to the email address info@yggne.com.
The buyer is obliged to prove that they are entitled to make a complaint, in particular to prove the date of purchase, either by presenting the sales document, warranty card, or in another credible manner.
The seller is obliged to issue the buyer with written confirmation stating the date on which the consumer made the complaint, its content, the method of handling the complaint requested by the consumer and the consumer's contact details for the purpose of providing information on the handling of the complaint.
The complaint, including the removal of the defect, must be resolved and the consumer must be informed thereof no later than thirty (30) days from the date of filing the complaint, unless the seller and the buyer agree on a longer period.
If the seller fails to settle the complaint and inform the buyer of the manner of its settlement within the specified period, the buyer, as a consumer, is entitled to withdraw from the purchase contract or demand a reasonable discount on the purchase price.
The seller is obliged to issue the consumer with confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.
If the buyer is not a consumer, the deadline specified in Article 3.4 of this Complaint Procedure shall not apply, but the seller undertakes to resolve the complaint as soon as possible, taking into account the expert assessment of the goods by the seller or manufacturer.
FINAL PROVISIONS
A buyer who is a consumer has the right to out-of-court settlement of any disputes (ADR) arising from the contract with the seller in accordance with Section 20d et seq. of Act No. 634/1992 Coll., on consumer protection, as amended, through the Czech Trade Inspection Authority (www.coi.cz).
Out-of-court settlement of a consumer dispute is initiated at the request of the buyer, which may be submitted in writing, orally in the minutes, or electronically via the online form available on the website of the Czech Trade Inspection Authority.
None of the provisions of this article excludes the possibility of the buyer to refer their claim to the competent court.
To make a complaint, the buyer may use the sample complaint form, which forms an annex to this Complaints Procedure.
The seller may amend or supplement the wording of this Complaints Procedure at any time. However, this provision does not affect the rights and obligations arising from purchase contracts concluded before the new complaint rules came into effect.
This Complaints Procedure shall enter into force and effect on 1 December 2025.