COMPLAINTS
We are sorry if something is not right with your order. We try to resolve complaints at Vinařství Hnidák simply, quickly and fairly.
This complaint procedure regulates the process for exercising rights arising from defective performance and supplements the Terms and Conditions of the Vinařství Hnidák online shop.
Seller:
Jaromír Hnidák
Nová 97, Josefov, 696 21
Company ID: 72517816
VAT ID: CZ5605311965
E-mail: info@vinarstvihnidak.cz
Phone: +420 608 376 123
1. Liability for defects
The Seller is liable to the Buyer for defects in goods to the extent determined by applicable legal regulations.
For consumers, rights arising from defective performance are governed in particular by the relevant provisions of the Civil Code and the Consumer Protection Act.
This complaint procedure does not limit the statutory rights of consumers.
2. How to file a complaint
You can file a complaint electronically:
info@vinarstvihnidak.cz
or with the Seller at the address:
Jaromír Hnidák
Nová 97
Josefov
696 21
For faster processing, we recommend stating:
first name and surname,
contact details,
order number,
identification of the goods being complained about,
description of the defect,
when you discovered the defect,
possibly the requested method of handling the complaint.
If appropriate, we recommend attaching photographs of the defect.
3. Proof of purchase
For quick retrieval of the purchase, we recommend stating the order number.
However, exercising the statutory right arising from defective performance is not conditioned solely on presenting the original receipt.
A purchase from the Seller can also be proven in another credible manner.
4. Damage to shipment during transport
Wine is transported in glass bottles. Although we pack shipments carefully, damage may exceptionally occur during transport.
If the transport packaging is visibly damaged upon delivery, we recommend:
reporting the damage to the carrier,
if possible, having the condition of the shipment recorded,
taking photographs of the shipment,
subsequently contacting us.
Failure to take these steps does not in itself mean the loss of statutory consumer rights.
5. Broken bottle
If, after opening the shipment, you discover a broken or damaged bottle, contact us as soon as possible.
For quick assessment, we recommend sending:
order number,
photograph of the outer packaging,
photograph of the inner packaging,
photograph of the damaged bottle,
photograph of the label,
possibly a photograph of the entire shipment.
We recommend not discarding the damaged goods and packaging until we agree on further procedure, if their preservation is reasonably possible.
6. Wine defect
If you believe that the purchased wine shows a defect, write to us in particular:
what wine it is,
order number,
batch number, if stated,
how you think the defect manifests itself,
when the bottle was opened,
how it was stored before opening, if relevant for assessment.
If reasonably possible, we recommend keeping the bottle, its remaining contents and closure until the complaint is resolved.
This may be necessary for objective assessment of the complained-of defect.
7. What is not a defect
A characteristic corresponding to the nature of a particular wine, its declared type, production method or natural development cannot automatically be considered a defect, provided the goods otherwise comply with the contract and legal requirements.
The customer's subjective taste preference does not in itself generally constitute a defect in goods.
This does not affect the customer's right to complain about an actual defect in the wine.
8. Improper storage after receipt
The Seller is not liable for a defect that arose only after receipt as a result of circumstances on the Buyer's side, such as improper handling or storage, if there is a causal connection between such action and the occurrence of the defect.
This does not affect the Buyer's rights arising from a defect that already existed at the time of receipt or for which the Seller is liable under the law.
9. Consumer rights in case of defect
If the goods have a defect, the consumer has rights established by the Civil Code.
Depending on the circumstances and legal conditions, these may include in particular:
removal of the defect,
delivery of defect-free goods, if possible and reasonable,
a reasonable discount from the purchase price,
withdrawal from the contract, if legal conditions are met.
The specific method of resolution depends on the nature of the defect and the legal conditions of the relevant claim.
10. Acceptance of complaint
When a complaint is filed, we will issue or send the consumer a confirmation containing the data required by legal regulations.
The confirmation will state, according to legal requirements, in particular when the complaint was filed, what it concerns and what method of resolution the consumer requests, if such information is relevant.
11. Deadline for handling complaint
The consumer's complaint will be handled within the statutory deadline.
If legal regulations allow agreeing with the consumer on a longer deadline, this deadline may be extended only in an appropriate manner.
We will inform the customer about the resolution of the complaint.
12. Justified complaint
If the complaint is justified, the consumer also has the right to compensation for reasonably incurred costs related to exercising the right arising from defective performance to the extent determined by legal regulations.
Therefore, we recommend contacting us before sending the goods so that we can arrange a suitable method of handing it over or transporting it.
13. Unjustified complaint
If, upon assessment, no defect for which the Seller is liable is found, the complaint may be rejected.
We will justify the rejection of the complaint to the customer.
The rejection of the complaint itself does not deprive the consumer of other rights provided by legal regulations.
14. Complaint and withdrawal from contract are two different things
A complaint serves to exercise rights in case of defective goods.
Withdrawal from contract is an independent legal institute that may allow the consumer to terminate a contract concluded at a distance without giving a reason, if legal conditions are met and it is not a case where the law excludes withdrawal.
For details, see the Terms and Conditions.
15. Out-of-court resolution of consumer disputes
If we fail to resolve a potential dispute together, the consumer may, under legal conditions, turn to an entity for out-of-court resolution of consumer disputes:
Česká obchodní inspekce
Ústřední inspektorát – oddělení ADR
Štěpánská 796/44
110 00 Praha 1
Website: coi.gov.cz
16. Related documents
This complaint procedure supplements the Terms and Conditions of Vinařství Hnidák.
Related information can also be found on the pages:
Delivery Terms
Prices and Payment Terms
Effective from: [ADD DATE]
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