Complaints policy

This English version is a translation provided for information only. The legally binding version is the Czech one: Czech version.

Complaints policy

This Complaints Policy (the “Complaints Policy”) sets out the method and conditions for complaints about defects in goods purchased by a consumer through the Zdravý batoh online shop from our company:

ONKEL family s.r.o., registered office at Nové sady 988/2, Staré Brno, 602 00 Brno

Company ID: 06504795

VAT ID: CZ06504795

registered in the Commercial Register kept by the Regional Court in Brno, section C, file 102474

delivery address: Areál HOMOLA - ONKEL family s.r.o., Vratimovská 624/11, 718 00, Ostrava

phone number: +420 603 593 006

contact e-mail: reklamace@zdravybatoh.cz

What defects in goods are we responsible for?

As the seller, we are responsible for delivering the goods you ordered and for ensuring that the goods have no defects on receipt. This means that on receipt the goods in particular:

correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
are suitable for the purpose for which you require them and which we have agreed to;
are delivered with the agreed accessories and instructions for use, including assembly or installation instructions.

We are not responsible for defects that appear on the goods only after you have received them.

We are also responsible for ensuring that, in addition to the agreed characteristics, the goods:

are suitable for the purpose for which goods of this kind are usually used, taking into account the rights of third parties, legislation, technical standards or, in the absence of technical standards, codes of conduct of the industry concerned;
correspond in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind that you can reasonably expect, also taking into account our public statements, in particular in advertising or labelling;
are delivered with accessories, including packaging, assembly instructions and other instructions for use that you can reasonably expect;
correspond in quality or design to the sample or model we provided to you before the contract was concluded.

We are also responsible for ensuring that these defects do not appear during the warranty period. In addition to the statutory warranty period for consumers, we provide a quality guarantee for selected types of backpacks and suitcases.

Differences in colour shades between reality and electronic display devices are not considered a defect. If the goods do not meet your expectations, you have the right to withdraw from the contract within 45 days of receiving the goods in accordance with Article 6 of the General Terms and Conditions.

We handle complaints exclusively in writing at reklamace@zdravybatoh.cz.

Within what period can you report a defect?

For unused consumer goods, the buyer can report a defect that appears within two years of receiving the goods, unless a longer period is stated on the web interface, in the documents enclosed with the goods or in advertising.

For used goods, the buyer can report a defect that appears within one year of receiving the goods.

In addition to the statutory warranty, we offer an extended warranty on backpacks of 4 years and on suitcases 5 years. The conditions of the extended warranty and how complaints are handled are set out in the sections Warranty and complaints.

If a best-before date is stated on the goods, or, for perishable goods, the period for which they can be used, the warranty period lasts until that date.

If your goods are replaced or repaired, a new period does not start for the new goods or the replaced components and spare parts. However, in that case the period for reporting defects is extended by the time during which you could not use the goods because of the defect, i.e. in particular the time the goods are being repaired.

What rights from defective performance do you have?

Your rights from defective performance are governed by the Civil Code, in particular Sections 2099 to 2117 and Sections 2165 to 2174b. Sections 2106 and 2107 on rights from defective performance do not apply.

In accordance with the above provisions, you are entitled in particular to the following rights:

Replacement of the goods

You can always request replacement of the goods because of a defect existing on receipt, unless the chosen way of remedying the defect is impossible or disproportionately expensive compared with repair; 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 remedied by repair without significant difficulty for the buyer.

Repair

If the goods can be repaired, you are entitled to have the defect remedied free of charge. If it becomes apparent during the complaints procedure that we are unable to repair the goods, or that repair is disproportionately expensive, in particular with regard to the significance of the defect and the value the goods would have without the defect, we are entitled to inform you that we refuse the repair. In that case we will inform you without delay and you can choose another way of handling the complaint listed here.

Discount on the purchase price

If the goods had a defect on receipt, you can request a reasonable discount on the purchase price if:

we have refused to remedy the defects or have not remedied them within a reasonable time or without significant difficulty for the buyer;
we are unable to remedy a defect that prevents you from using the goods properly, or we are unable to replace goods with this defect (e.g. the goods are no longer made); or
you cannot use the goods properly because the defect recurs after repair (the same defect occurs after at least two previous repairs);
the defect is a material breach of the contract;
the goods have a larger number of defects (at least three remediable defects at the same time, each of which prevents proper use of the goods); or
it is clear from our statement or the circumstances that the defect will not be remedied within a reasonable time (no later than 30 days from the complaint) or without significant difficulty for the buyer.

A reasonable discount is determined as the difference between the value of the goods without the defect and the defective goods received by the buyer.

Refund (withdrawal from the contract)

You can request a refund only if:

we have refused to remedy the defects or have not remedied them within a reasonable time or without significant difficulty for the buyer;
we are unable to remedy a defect that prevents you from using the goods properly, or we are unable to replace goods with this defect (e.g. the goods are no longer made); or
you cannot use the goods properly because the defect recurs after repair (the same defect occurs after at least two previous repairs); or
the defect is a material breach of the contract;
the goods have a larger number of defects (at least three remediable defects at the same time, each of which prevents proper use of the goods);
it is clear from our statement or the circumstances that the defect will not be remedied within a reasonable time (no later than 30 days from the complaint) or without significant difficulty for the buyer; or
the defect was caused by incorrect assembly or installation carried out by us or on our responsibility under the contract, or the defect was caused by a deficiency in the instructions we provided with the goods.

You are not entitled to withdraw from the contract if the defect in the goods is insignificant.

A condition for replacement of the goods or a refund (withdrawal from the contract) is that you return the goods in the condition in which you received them. The exceptions are cases where:

the condition changed as a result of an inspection to establish the defect;
you used the goods before discovering the defect;
you did not cause the impossibility of returning the goods in unchanged condition by your act or omission; or
you sold the goods before discovering the defect, used them up, or altered them during normal use; if this happened only in part, you return to us what you can still return and compensate us up to the amount by which you benefited from using the goods.

When can rights from defective performance not be exercised?

You are not entitled to rights from defective performance if:

you caused the defect yourself; or
the defect appeared only after you received the goods;
the warranty period has expired.

The warranty and claims for liability for defects also do not apply to:

wear and tear of the goods caused by normal use (reduced capacity of batteries and accumulators is also considered wear and tear caused by use);
defects in used goods corresponding to the degree of use or wear the goods had when you received them; or
goods where this follows from their nature (in particular goods which by their nature cannot last for the entire warranty period).

Warranty and complaints

The warranty does not cover:

mechanical wear: normal wear of materials, zips, straps, seams or buckles during everyday use.
weather conditions: damage caused by long-term exposure to moisture, intense sunlight or frost, which can degrade the backpack's materials.
improper care: washing in a washing machine, use of aggressive cleaning agents or unsuitable storage (e.g. in a damp or overly hot environment), which can damage the structure and appearance of the material.
contact with chemicals: damage caused by contact with solvents, oils, acids or other chemical substances.
unsuitable use: excessive overloading of the backpack, e.g. carrying heavy or sharp objects for which the backpack is not intended.
physical damage: damage caused by falls, tearing, puncturing or rough handling.
third-party intervention: unprofessional repairs carried out by someone other than an authorised service.
cosmetic defects: normal changes in appearance, such as fading colour, minor scuffs or wear of the logo, which do not affect the functionality of the product.
contamination by harmful substances: damage caused by exposure to hazardous substances, e.g. phthalates or PVC.

Complaints:

in the case of a complaint, we are not obliged to provide a new, identical product if it is no longer in stock or not available. For an accepted complaint, the standard procedure is repair, refund or replacement with another available product. In the case of replacement with another product, the original warranty period for exercising rights from defective performance is retained.
if the customer complains about only one part of a set (e.g. a pencil case), the complaint concerns only that specific part. We are not obliged to provide a new set or a replacement for the whole set if the rest of the set has no defects. The design of the pencil case is not a condition for the functionality of the set as a whole; it is an aesthetic aspect not covered by the complaint.

Extended warranty – years 3 to 4 (for suitcases years 3 to 5) beyond the statutory warranty

the extended warranty applies only to backpacks and suitcases.
performance under the extended warranty is provided in the form of repair or replacement of the goods. If repair is not possible, the product is replaced with the same type and model. If an identical design is not available, the customer is offered a choice of another available variant of the same type and value. The choice does not extend to other product models.
if goods are replaced with a new item under a complaint (including replacement with the same model in a different colour or design variant), a new period for exercising rights from defective performance does not start. The original period continues and is extended by the time the goods were in the complaints procedure.

No financial compensation is provided under the extended warranty.

How to make a complaint?

Make your complaint to us without undue delay after discovering the defect.
We recommend following the instructions on the web interface. In this case the Retino service will guide you through the complaints process.
We only accept complaints at Vratimovská 624/11, 718 00, Ostrava.
Recommended complaints procedure:
for faster handling you can make the complaint following the instructions on the web interface; the Retino service will guide you through the process;
we recommend delivering the goods clean – this makes the complaints process easier and faster;
it is also advisable to let us know which right from defective performance you have chosen, i.e. whether, in accordance with this Complaints Policy, you want a discount on the purchase price, replacement of the goods, repair, a refund, or other rights in accordance with this Complaints Policy and the Civil Code;
deliver the goods to us together with the complaint or afterwards (other than cash on delivery, which we do not accept) to Vratimovská 624/11, 718 00, Ostrava; when sending, we recommend packing the goods in suitable packaging so that they are not damaged or destroyed;
A complaint is considered properly made if the goods complained about are complete and the complaint is not prevented by general principles of hygiene. The customer must submit the goods cleaned, free of all dirt and hygienically safe. Onkel family s.r.o., which operates the e-shop www.zdravybatoh.cz, is entitled to refuse to accept for complaint handling goods that do not meet the above general hygiene principles and will send such goods back at your expense.
to make the process easier, it is advisable to enclose with the goods proof of purchase or the tax document (invoice), if issued, or another document proving purchase of the goods, together with a description of the defect and a proposal for resolving the complaint.

Failure to complete any of the above steps or to submit any of the above documents does not prevent your complaint from being accepted under the statutory conditions.

The moment the complaint is made is the moment we are notified of the defect.
When you make a complaint, we will issue you a written confirmation stating the date of the complaint, what it concerns, how you want it handled, and your contact details for informing you of the outcome.
We handle complaints, including remedying the defect, no later than 30 days from the day the complaint is made, unless we agree with you on a longer period in a specific case. We will inform you within this period about how the complaint has been handled.
If you choose a right that cannot be granted to you for objective reasons (in particular for irremediable defects or where replacement of the goods is not possible), we will contact you without delay. In that case you can choose another right in accordance with this Complaints Policy.
After the complaint has been handled, we will issue you a confirmation of the date and method of handling, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.
In accordance with the Civil Code, you have the right to reimbursement of costs reasonably incurred in making a complaint about goods. Please note that you must claim reimbursement of these costs within one month after the period for reporting the defect expires.

Sending goods back after a complaint

Free return shipping:
Parcel not collected:
Redelivery at the customer's expense:
Customer notice:

For a justified complaint, after payment of a refundable deposit we offer the option of lending a replacement backpack for the duration of the complaint. If you're interested, contact us at reklamace@zdravybatoh.cz. The customer must return the lent backpack within one week of the complaint being resolved.

A consumer who is not satisfied with the result of the complaints procedure provided by ONKEL family s.r.o. has the right to refer the dispute to Czech Trade Inspection Authority (address: Česká obchodní inspekce, Ústřední inspektorát – oddělení ADR, Gorazdova 1969/24, 120 00, Prague 2; website: www.coi.cz, www.adr.coi.cz; e-mail: adr@coi.cz; phone: +420 296 366 360) or to the Association of Czech Consumers (Sdružení českých spotřebitelů, z. ú.) (address: Pod Altánem 99/103; 100 00 Praha 10 – Strašnice, website: www.konzument.cz, e-mail: spotrebitel@regio.cz, phone: +420 261 263 574) for out-of-court resolution of the consumer dispute. You can exercise this right no later than 1 year from the day you first exercised with us the right that is the subject of the consumer dispute.

To file a complaint about goods or services you bought from us and to find an alternative dispute resolution body, you can also use the online platform set up by the European Commission at: http://ec.europa.eu/consumers/odr/.

This Complaints Policy is valid and effective from 1 February 2024.