Čeština
Slovenčina
Deutsch
Complaints Procedure
A. Complaints Procedure for Entrepreneurs and Legal Entities
This Complaints Procedure for Entrepreneurs and Legal Entities (hereinafter referred to as the “Complaints Procedure”) regulates the method and conditions for claiming defects in goods purchased by an entrepreneur or legal entity through the labelea.eu online store from our company:
MARTÍNEK CZ s.r.o., with its registered office at Kolín IV, Klejnarská 92, Postal Code 28002
Company ID No: 24817147
Tax ID No.: CZ24817147
Registered: in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 177015
Delivery address: MARTÍNEK CZ s.r.o., Klejnarská 92, 28002 Kolín 4, Czech Republic
Contract email: labelea@labelea.eu
1. Seller's Liability for Defects
1.1. The Seller shall be responsible for the fact that the goods are free from defects upon acceptance. This means that the goods on acceptance, in particular:
- Is in an agreed quantity;
- Corresponds to the quality and workmanship agreed between the Buyer and the Seller, or according to the agreed sample or model, or according to the purpose evident from the Contract; otherwise for the usual purpose;
- A defect in the goods shall also be considered to be a situation where the Seller delivers to the Buyer goods other than those agreed between them;
- The goods are free from legal defects, i.e., the goods are free from third party property rights and the goods are equipped with documents and papers necessary for the proper use of the goods.
The Seller shall provide a quality guarantee for the goods for a period of 6 months from accepting the goods, unless otherwise individually agreed.
1.2. Differences in colour shades in reality and on electronic display devices cannot be considered a defect of the goods.
2. Buyer's Rights from Defective Performance
2.1. The Buyer's rights arising from defective performance shall be governed by the Civil Code, in particular, Sections 2099 to 2117.
2.2. If the defect in the goods is a substantial breach of the Contract, the Buyer is entitled to the following rights under the defective performance:
(a) Remedy the defect by supplying a new item without defect or by supplying the missing item;
(b) Removal of the defect by repairing the item;
(c) Reasonable discount on the purchase price; or
(d) Withdrawal from the Contract.
2.3. If the defect in the goods is an insubstantial breach of the Contract, the Buyer may demand:
(a) Removal of the defect; or
(b) Reasonable discount on the purchase price.
2.4. The Buyer is obliged to inform the Seller of the chosen method of resolving the claim when notifying the defect, otherwise the Seller is free to decide thereof. This choice can only be changed after agreement with the Seller.
If the Buyer considers the defect to be a substantial breach of the Contract, it is obliged to prove this to the Seller.
The Buyer acknowledges that until it exercises its right to a discount on the purchase price or withdraws from the Contract, the Seller is entitled to deliver the missing goods or to remedy the legal defect (in particular, to deliver the missing documents).
2.5. Replacement of the goods or withdrawal from the Contract cannot be requested if the Buyer cannot return the goods in the condition in which it received them. This shall not apply if:
(a) There has been a change in the condition as a result of an inspection to determine the defect in the item;
(b) The Buyer used the item before the defect was discovered;
(c) The Buyer has not caused the impossibility of returning the item in its unaltered condition by its action or omission; or
(d) The Buyer sold the item before the defect was discovered or altered the item in the course of its normal use; if this happened only in part, the Buyer shall return to the Seller what can still be returned and shall compensate it to the extent to which it has benefited from the use of the item.
3. Impossibility of Exercising Rights from Defective Performance
3.1. The Buyer is not entitled to rights from defective performance if it knew about the defect before accepting the goods or caused the defect itself.
3.2. Liability claims shall also not apply to:
- Wear and tear caused by normal use of the goods;
- Defects in the used item corresponding to the level of use or wear and tear, which the goods had at the time when the Buyer accepted it;
- Items sold at a lower price – only in relation to the defect for which the lower price was agreed; or
- If the nature of the goods so requires.
4. Complaint Procedure
4.1. The Buyer is obliged to file a claim with the Seller immediately upon discovery of the defect. The contact address of the Seller is designated for the receipt of claimed goods.
4.2. Binding complaint procedure:
- For faster processing, the Buyer can inform the Seller about the complaint in advance by phone, email or in writing;
- The Buyer is obliged to inform the Seller which right from defective performance it has chosen, describe the defect and/or describe how it manifests itself;
- The Buyer shall deliver the claimed goods to the Seller (otherwise than by cash on delivery, which is not accepted by the Seller), and, when sending the goods, the Buyer is obliged to wrap them in suitable packaging so that they are not damaged or destroyed;
- The Buyer attaches a proof of purchase of the goods or a tax document – invoice, if issued, or other document proving the purchase of the goods.
4.3. The moment of claim is the moment when the Seller has received the claimed goods.
4.4. In accordance with the Civil Code, the Buyer has the right to reimbursement of the costs reasonably incurred in claiming the goods. The Buyer acknowledges that the right to claim these costs must be exercised within one month after the expiry of the period within which the defect must be claimed.
This Complaints Procedure shall be valid and effective from 1 October 2023.
B. Complaints Policy for Consumers (European Union)
This Complaints Policy for Consumers (hereinafter the “Complaints Policy”) governs the procedure and conditions for exercising consumer rights regarding defective goods purchased through the online store labelea.eu from the company:
MARTÍNEK CZ s.r.o.
Registered office: Kolín IV, Klejnarská 92, 280 02, Czech Republic
Company ID: 24817147
VAT ID: CZ24817147
Registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 177015
E-mail: labelea@labelea.eu
1. Liability for Defects in Goods
1.1. The seller is responsible for ensuring that the goods delivered are free from defects at the time of delivery, in particular that they:
• correspond to the agreed description, quantity, and quality,
• are suitable for the purpose for which goods of that kind are usually used,
• are delivered with accessories and instructions for use that the consumer can reasonably expect,
• correspond in quality or performance to the sample or model provided to the consumer before the conclusion of the contract.
1.2. The seller is not liable for defects that occur after the goods have been received by the consumer.
If a defect becomes apparent within 12 months of delivery, it shall be presumed that the goods were already defective at the time of delivery.
2. Time Limit for Exercising Rights
2.1. The consumer may exercise their rights regarding defective performance if the defect appears within two years of receipt of the goods.
This period does not apply to items with a shorter lifespan (e.g., consumable materials).
2.2. If the goods are replaced or repaired, a new warranty period applies only to the replaced parts.
3. Consumer Rights in Case of Defective Goods
In accordance with EU Directive 2019/771, the consumer has the following rights:
a) Repair or replacement of goods
The consumer has the right to request free repair or replacement of defective goods.
The seller may choose an alternative remedy if the requested one is impossible or disproportionately costly.
b) Price reduction
If the defect cannot be remedied or persists even after repair, the consumer has the right to a reasonable reduction of the purchase price.
c) Withdrawal from the contract (refund)
If the defect is substantial and repair or replacement is impossible or has failed, the consumer may withdraw from the contract and request a refund of the purchase price.
d) Costs
All costs related to the return, replacement, or repair of goods shall be borne by the seller.
4. When a Complaint Cannot Be Accepted
Rights arising from defective performance do not apply if:
• the defect was caused by the consumer,
• the defect resulted from normal wear and tear or improper use,
• the defect was reflected in the price of the goods (e.g., goods sold at a discount due to a known defect).
5. Complaint Procedure
5.1. Submit a complaint without undue delay after discovering the defect.
Complaints can be submitted by e-mail or by post to the following address:
MARTÍNEK CZ s.r.o.
Klejnarská 92, 280 02 Kolín IV, Czech Republic
E-mail: labelea@labelea.eu
5.2. Recommended procedure:
• include the order number, a description of the defect, and your preferred method of resolution (repair, replacement, price reduction, withdrawal),
• attach a copy of the invoice or other proof of purchase,
• send the goods as a registered parcel (not cash on delivery — such parcels will not be accepted).
5.3. You will receive a confirmation of receipt of the complaint.
The complaint will be processed without undue delay, no later than 30 days from the date it was submitted, unless otherwise agreed with you.
6. Reimbursement of Costs
If the complaint is accepted, you are entitled to reimbursement of reasonable expenses incurred in connection with submitting the complaint. These expenses must be claimed within one month after the complaint has been resolved.
7. Final Provisions
This Complaints Policy is valid and effective as of the date of its publication on the website www.labelea.eu and forms part of the contractual terms between the seller and the consumer.
Consumer rights are governed by the relevant provisions of EU Directive 2019/771 on the sale of goods.
This Complaints Procedure shall be valid and effective from 1 October 2023.
Documents for Download:
We are required to provide you with the following documents.
If you encounter any problem, please contact us — you do not need to spend time filling out these forms.