Claim and complaint
In order to claim purchased product, we encourage you to fill in this form. We will get in touch as soon as possible and solve your complaint individually!
Before sending in your nebulizer, we have a request for you. Please make sure that you have emptied the aroma oil tank. Failure to do so may result in spillage and subsequent mechanical damage, which will not be covered under warranty and may void any claims for compensation.
Address for receiving complaints:
Kulkova 8, Brno 615 00
Tel: +420 733 712 734
Terms of complaint
1. General provisions
The Complaints Procedure is an integral part of the General Terms and Conditions of the Seller Allocacoc s.r.o., ID No. 03800156, VAT No. CZ03800156, with its registered office at Kallabova 31, 616 00 Brno, registered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 86839, and describes the procedure of how to approach a complaint for goods purchased from the Seller.
The Buyer is obliged to get acquainted with the Complaints Procedure and General Terms and Conditions before ordering the goods.
By concluding the purchase contract and accepting the goods from the Seller, the Buyer agrees to these Complaints Procedure.
The definitions of terms contained in this Complaints Procedure take precedence over the definitions in the GTC. If this Complaints Procedure does not define a term, it shall be understood in the sense in which it is defined in the GTC. If it is not defined therein, it shall be construed in the sense in which it is used by law.
Allocacoc s.r.o. issues a purchase document (invoice or sales slip - hereinafter referred to as the warranty certificate) for each purchased item with all the information required by law to claim the warranty (e.g. name of the item, length of warranty, price, quantity, serial number).
At the Buyer's request, Allocacoc s.r.o. will provide the warranty in writing (warranty card). The warranty certificate shall contain the business name of Allocacoc s.r.o., its identification number and registered office. However, as a standard, if the nature of the item so permits, the Seller shall issue the Buyer with a proof of purchase containing the aforementioned information instead of the warranty certificate.
If necessary with regard to the warranty provided, Allocacoc s.r.o. shall explain in the warranty certificate in a comprehensible manner the content of the warranty provided, its scope, conditions, duration and the manner in which claims arising from it may be asserted. In the guarantee certificate
Allocacoc s.r.o. shall also state that the provision of the guarantee does not affect the rights of the purchaser relating to the purchase of the item.
Extended warranty - this warranty must always be in accordance with the warranty conditions given by the manufacturer and any related advertising, in which case the warranty certificate shall always contain the above-mentioned elements and be issued in accordance with the above-mentioned conditions.
2. Duration of the warranty
The warranty period shall commence, in principle, on the date of receipt of the goods by the Buyer, i.e. the date indicated on the warranty certificate.
In the case of the sale of consumer goods, the statutory warranty period is 24 months, unless a longer period is stipulated by special legislation. An exception may be goods sold at a discount (damaged, used, incomplete, etc. - such characteristics are always indicated on the goods - if not, the goods are deemed to be new, undamaged and complete). If the goods are second-hand, Allocacoc s.r.o. shall not be liable for defects corresponding to the degree of use or wear and tear the goods had when taken over by the Buyer, and the rights of liability for defects in the goods shall be extinguished if not exercised within 12 months from the date of the Buyer's acceptance of the goods. Allocacoc s.r.o. shall state this period in the sales document of the item and sufficiently prominently in the goods offered and in the order confirmation. In the case of items sold at a lower price due to defects or incompleteness, the guarantee does not cover the defects for which the lower price was agreed.
Allocacoc Ltd. may extend this statutory period. The length of the warranty period is always indicated on the warranty card (in the warranty column). The warranty period consists of the statutory period (24 months) and any extended warranty period. The warranty period is further extended by the period during which the goods have been in complaint. Liability rights for defects in the goods for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period. In the case of an extended period, claims shall be governed exclusively by these Claims Regulations.
3. Warranty Terms and Conditions
I. The buyer is advised to check the condition of the shipment (number of packages, intactness of tape, damage to the box) with the carrier immediately upon delivery according to the enclosed shipping note. The buyer is entitled to refuse to accept a shipment that does not conform to the purchase contract, on the grounds that the shipment is incomplete or damaged, for example. If the Buyer accepts such a damaged shipment from the carrier, it is necessary to describe the damage in the carrier's handover report.
II. The incomplete or damaged shipment must be reported immediately by e-mail to: email@example.com, a damage report must be drawn up with the carrier and sent to the seller by e-mail or by post without undue delay. Additional claims of incompleteness or external damage to the shipment do not deprive the Buyer of the right to claim the item, but give Allocacoc Ltd. the opportunity to prove that there is no breach of the purchase contract.
III. The Buyer may claim the goods in person at the Seller's or send them by post to Allocacoc s.r.o., Kulkova 8, Brno 615 00, Czech republic.
IV. The Buyer may send the defective goods for complaint by shipping service to the address of the Seller's premises.The goods to be complained about should be thoroughly secured so that they are not damaged during transport, the package should be visibly marked "COMPLAINT" and contain: the goods complained about (including complete accessories), we recommend enclosing a copy of the purchase document, a detailed description of the defect and sufficient contact details of the Buyer (especially the return address and telephone number). Without the above, it is impossible to identify the origin and the defect of the goods. This procedure is also recommended to the Buyer-Consumer, unless he proves and proves otherwise. We also recommend that you choose the required method of complaint handling (see below).
V. The Buyer-Entrepreneur shall prove the validity of the warranty by presenting the purchase receipt, if the goods have been claimed in the past, he/she shall also present the proof of claim. The purchase document (purchase or claim document) must bear the same serial number as the product being claimed (if the product has a serial number). This procedure is also recommended for the Buyer-Consumer, unless he proves and proves otherwise.
VI. Allocacoc s.r.o. does not guarantee the full compatibility of the parts sold with other parts not approved by Allocacoc s.r.o. personnel, nor with software applications whose functionality was not expressly requested by the Buyer in the written order, unless such compatibility is customary for similar goods and unless Allocacoc s.r.o. has expressly stated on the goods that the goods are compatible only with or incompatible with the specified list.
VII. The warranty does not cover defects resulting from the use of incorrect or defective software, incorrect consumables or any damage resulting therefrom, unless such use is not usual and has been excluded in the enclosed instructions for use. Furthermore, the warranty does not cover defects caused by incorrect operation, improper or inappropriate handling, use and installation contrary to the user manual or damage caused by the effects of surges in the power supply network (e.g. lightning), except for normal deviations.
VIII. Breach of the protective seal, informative sticker or serial number puts the Buyer at risk of claim rejection unless the damage occurs during normal use. Seals and serial numbers are an integral part of the product and in no way limit the Customer's right to use and handle the goods to the full extent of what they are intended for. Furthermore, the warranty does not cover damage caused by (where such activity is not normal and yet not prohibited in the enclosed instructions for use):
mechanical damage to the goods,
electrical surges (visibly burnt components or circuit boards), except for normal deviations,
the use of the goods in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical influences of the environment directly intended by the seller or the manufacturer,
improper installation, handling, operation or neglect of the goods,
if the goods or any part thereof have been damaged by a computer virus,
if the defect is manifested only by software for which the customer is unable to prove the legal means of acquisition, or by the use of unauthorised software and consumables,
the goods have been damaged by excessive loading or by use contrary to the conditions specified in the documentation or general policies,
unqualified tampering or alteration of parameters,
goods that have been modified by the customer (painting, bending, etc.), if the defect is the result of such modification,
the goods have been damaged by the elements of nature or force majeure.
These limitations do not apply if the characteristics of the goods that are contrary to the above conditions have been expressly agreed between the buyer and Allocacoc s.r.o., exchanged or declared by the seller, or can be expected due to the advertising carried out or the usual use of the goods.
IX. If the goods are software, the warranty applies exclusively to the physical legibility of the media (the media must not be scratched, etc.). By removing the protective means (foil, seal, opening the envelope, etc.), the Buyer becomes the authorized user of the software product and accepts the license agreement of the software manufacturer, in the case of digital content this is already by the download itself. This does not apply for a conflict with the purchase contract (see below).
X. Goods submitted for complaint will only be tested for the defect indicated by the Buyer (in the complaint form, in the attached defect description sheet). We recommend a written form to indicate the defect.
XI. If the technician determines that the cause of the problems is not the product being claimed (e.g. computer), but incorrect installation of software (operating system, antivirus program), if the data was corrupted by incorrect behavior of an application (e.g. games, viruses) not supplied by the seller, or if the data was corrupted by the buyer or a third party, the claim will be rejected. If the Buyer agrees to pay for the repair, it will be charged according to the current valid price list. Before the paid repair is carried out, the Buyer will be informed of the price of the repair, its scope and the time required to carry it out. A paid repair can only be carried out after the Buyer's express consent (or on the basis of a concluded service contract) made after the information according to the previous sentence.
XII. When handing over a computer system or data storage device for repair, the Buyer is advised to ensure that an adequate backup of the necessary data is made and to prevent possible misuse or damage. Allocacoc Ltd. is not liable for any loss, damage or misuse of the data stored on the data storage devices in the computer system.
XIII. Data storage devices are devices whose failure rate is an objective phenomenon with a random nature of occurrence of failures. Allocacoc s.r.o. hereby draws the attention of the purchaser to this fact and recommends systematic backup of user data on a suitable device (e.g. ZIP, CD). However, the warranty is not limited by this warning.
XIV. Allocacoc s.r.o. has the right to refuse to accept the goods for claim in cases where the goods and/or their components are contaminated or do not meet the basic requirements for hygienically safe submission of the goods for claim, unless the contamination is normal.
4. Handling of the complaint
If the Buyer is a consumer, Allocacoc Ltd. shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time reasonable according to the type of product or service required for a professional assessment of the defect. Allocacoc s.r.o. shall settle the complaint including the removal of the defect without undue delay, at the latest within 30 days from the date of the complaint. The period of 30 days may be extended after the claim has been made by agreement with the consumer - such extension may not be for an indefinite or unreasonably long period. After the expiry of this period, the defect shall be deemed to have actually existed and the consumer shall have the same rights as if it were a defect that could not be remedied. This time limit is not binding on the Buyer-Entrepreneur, where the claim shall be decided within 40 days of the date of the claim.
Allocacoc s.r.o. shall issue to the Buyer-Consumer a written confirmation of when the claim was filed, what is its content, what method of claim settlement is required, by email immediately after receipt of the claim (in case of personal claim it is forwarded immediately); as well as a confirmation of the date and method of claim settlement, including confirmation of the repair and duration of the claim, or justification of the claim rejection.
The buyer is entitled to reimbursement of the necessary costs (in particular the postage costs paid by the buyer when sending the claimed goods) incurred in connection with the exercise of the legitimate rights under the liability for defects (we recommend that you apply no later than 30 days after the claim has been settled - the statutory time limit is not affected) and incurred actually and efficiently. In the event of withdrawal from the contract due to a defect in the goods, the consumer is also entitled to reimbursement of the costs of such withdrawal.
The warranty period shall be extended by the duration of the claim after a justified claim has been settled. In the event of an unjustified claim, the warranty period shall not be extended. If the complaint is settled within the statutory warranty period by replacing the goods with new ones, the warranty period is extended by the duration of the complaint. The duration of the claim shall be calculated from the day after the claim is made until the date of settlement of the claim, i.e. the date on which the Buyer was obliged to accept the goods. The customer is informed of the settlement by e-mail, which he/she has already indicated at the time of purchase.
After the claim has been settled, Allocacoc s.r.o. will notify the Buyer of the termination of the claim either by phone, SMS or e-mail. If the goods have been sent by a shipping service, they will be automatically sent to the Buyer's address after processing.
In the event that the claimed goods are not collected within one month of the expiry of the period when the claim should have been made, and if made later, within one month of notification of the claim (i.e. normally within 60 days of the date of the claim), Allocacoc is entitled to charge the amount for storage when issuing the claim.
This Complaints Procedure is valid from 1 October 2022.