Refund policy

Complaints Policy

of Hravá školka s.r.o.

I. GENERAL PROVISIONS

This Complaints Policy governs the legal relationship between the seller and the consumer when handling complaints regarding the correctness and quality of goods and services provided by the seller, in particular food supplements (hereinafter referred to as the “goods”).

For the purposes of this policy, a complaint means the consumer’s exercise of rights arising from liability for defects in goods or services provided by the seller, whereby the consumer requests a remedy or compensation for defective or non-performance of the contract.

A complaint must include in particular:

  • identification of the person submitting the complaint (name, surname, permanent address),
  • subject of the complaint and the remedy sought,
  • addressee of the complaint,
  • date of submission,
  • signature of the consumer or authorised representative, including power of attorney if applicable.

If the complaint does not contain the required elements, it shall be considered unjustified.

The date of submission of the complaint shall be deemed to be:

  • in case of postal delivery – the date of receipt at the seller’s registered office,
  • in case of personal delivery – the date confirmed on a copy of the complaint,
  • in case of electronic delivery – the date the email is received.

II. LIABILITY FOR DEFECTS

The seller is liable for defects in goods in accordance with Sections 622 and 623 of Act No. 40/1964 Coll., Civil Code.

The seller declares that the goods shall:
a) be suitable for the agreed purpose and for their usual purpose,
b) be new and retain agreed and usual characteristics with regard to their use.

For food supplements, the warranty period is determined by the minimum durability date (best before date) stated on the packaging. The seller guarantees that, at the time of delivery, the product has sufficient shelf life for proper use.

The consumer is entitled to notify hidden defects in writing within 24 hours of their discovery.

A valid complaint is one where it is evident that the defect was not caused by improper or excessive use, including:

  • use for purposes other than intended,
  • failure to follow storage instructions.

Any quantity discrepancies must be reported in writing without delay, no later than 3 working days from delivery. Otherwise, the consumer may only claim hidden defects.

The warranty does not apply to defects caused in particular by:

  • fault of the consumer,
  • failure to follow storage instructions (temperature, humidity, sunlight, etc.),
  • natural expiry due to improper storage by the consumer,
  • external factors (fall, impact, water damage),
  • opening the protective packaging without manufacturing defect,
  • failure to report visible defects upon delivery,
  • expiry of the minimum durability date.

The warranty also does not apply to damage caused by force majeure or extreme conditions.

The seller shall provide written confirmation of the complaint without delay and resolve it within 30 days, unless a longer period is justified by objective reasons beyond the seller’s control.

If the seller rejects liability, the reasons must be provided in writing. If the consumer proves the defect through an expert opinion issued by an accredited body, the complaint may be resubmitted and cannot be rejected. The seller shall reimburse the consumer for reasonable costs incurred.

III. REMEDY OF DEFECTS

The consumer has the right to choose remedy by:

  • replacement of goods, or
  • refund of the purchase price,

as the nature of food supplements does not allow repair.

The seller may refuse remedy if replacement is impossible or disproportionate.

The seller shall replace the goods within a reasonable period, free of charge and without causing inconvenience.

For replacement, the consumer must return or make the goods available. Collection costs are borne by the seller.

The seller shall deliver replacement goods at its own expense using the same or similar delivery method.

IV. PRICE REDUCTION AND WITHDRAWAL

The consumer has the right to a price reduction or to withdraw from the contract if:
a) the seller failed to replace the goods,
b) the seller refused to remedy the defect,
c) the defect persists after replacement,
d) the defect is serious, or
e) the seller declares or it is evident the defect will not be remedied in time.

The price reduction must correspond to the difference in value.

The consumer cannot withdraw if they contributed to the defect or if it is minor. The burden of proof lies with the seller.

The seller shall refund the purchase price within 14 days.

Refunds shall be made using the original payment method unless agreed otherwise.

V. RIGHT OF WITHDRAWAL (E-SHOP)

The consumer has the right to withdraw from a distance contract within 14 days without giving any reason.

To exercise this right, the consumer must notify the seller by a clear statement sent to the seller’s registered address. A model withdrawal form may be used.

The withdrawal period is met if the notice is sent before expiry.

The goods must be returned within 14 days. Return costs are borne by the consumer.

The consumer is liable for any diminished value resulting from handling beyond what is necessary.

⚠️ Important restriction for food supplements:

In accordance with Section 19(1)(e) of Act No. 108/2024 Coll., the consumer cannot withdraw from the contract if:

  • the goods were supplied in sealed packaging,
  • the packaging was opened after delivery,
  • and the goods are not suitable for return for health or hygiene reasons.

For this reason, opened food supplements cannot be returned.

The seller shall refund all payments within 14 days of withdrawal, including standard delivery costs (excluding premium delivery options).

The seller may withhold the refund until the goods are returned or proof of return is provided.

VI. FINAL PROVISIONS

Legal relations not covered by this policy shall be governed by:

  • Act No. 108/2024 Coll. on Consumer Protection
  • Act No. 22/2004 Coll. on Electronic Commerce
  • Act No. 40/1964 Coll. Civil Code
  • Regulation (EU) No. 1169/2011 on food information

The seller reserves the right to amend this Complaints Policy at any time.

This Complaints Policy becomes effective on 1 July 2024