Refund and complaint policy

COMPLAINT PROCEDURE
of lavvu instruments s.r.o.,
CIN: 087 67 335,
with registered office at Kaprova 42/14, Staré Město, 110 00 Prague 1
(hereinafter referred to as the "Seller")

1 INTRODUCTORY PROVISIONS
1.1 This Complaint Procedure (hereinafter referred to as the "Complaint Procedure") regulates the mutual rights and obligations of the Seller and persons who have concluded a purchase contract with the Seller (hereinafter referred to as the "Buyer" and the "Contract") through the Seller's online shop at www.lavvuinstruments.com (hereinafter referred to as the "E-shop"). The conclusion of Contracts and the operation of the E-shop are regulated by separate Terms and Conditions of the Seller.

1.2 The Complaints Procedure is issued pursuant to Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act"). The legal relations between the Seller and the Buyer related to rights from defective performance not expressly regulated by the Complaints Procedure shall be governed by the law of the Czech Republic.

1.3 The Complaints Procedure shall apply both to cases where the Buyer is a person who acts, in concluding the Contract, within the scope of his/her business activity or within the scope of his/her  independent exercise of his/her profession (hereinafter referred to as "Entrepreneur"), as well as to cases where the Buyer is a natural person who acts in concluding the Contract outside the scope of his/her business activity or within the scope of his/her independent exercise of his/her profession (hereinafter referred to as "Consumer").

1.4 The Complaints Procedure is an integral part of the Seller's Terms and Conditions governing the operation of the E-shop and the conclusion of Contracts.

2 RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

2.1 The Seller shall be liable to the Buyer for the fact that the goods are free from defects upon their receipt by the Buyer. Goods delivered by the Seller under the Contract are defective if:
    a) the goods do not have the characteristics agreed between the parties and, in the absence of agreement, such characteristics as the Seller has described or the Buyer has expected in view of the nature of the goods and on the basis of the advertising carried out;
    b) the goods are not fit for the purpose for which the Seller states they are to be used or for which goods of that kind are usually used;
    c) the Goods are not complete or the quantity, measure, weight or quality of the Goods does not conform to the Contract;
    d) the goods do not comply with the requirements of the law.

2.2 If the defect becomes apparent within six months of receipt of the goods, the defect shall be deemed to have existed when the goods were received.

2.3 The Buyer-Consumer is entitled to claim his/her rights arising from the defect that appears in the goods within twenty-four months from the date of receipt, the Buyer-Entrepreneur is entitled to claim the right arising from the defect that the goods had at the time of receipt by the Buyer. However, the above does not apply:
    a) to goods sold at a lower price due to the defect for which the lower price was agreed;
    b) wear and tear caused by normal use;
    c) in the case of second-hand goods, a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the Buyer; 
    d) or if the nature of the thing so requires.

2. 4 The Buyer is not entitled to the right due to defective performance if the Buyer knew before taking over the thing that the thing had a defect or if the Buyer caused the defect himself.

2. 5 If it is a defect that can be removed, the Buyer has the right to have it removed free of charge and the Seller is obliged to remove the defect without undue delay. If this is not disproportionate in view of the nature of the defect, the Buyer may demand replacement of the item or, if the defect concerns only a part of the item, replacement of that part. If such a procedure is not possible, the Buyer may demand a reasonable discount on the price of the goods or withdraw from the Contract with the Seller.

2. 6 If it is a defect which cannot be removed and which prevents the item from being properly used as a non-defective item, the Buyer has the right to have the item replaced or to withdraw from the Contract. The same rights shall apply to the Buyer if the defects are removable but the Buyer cannot use the item properly due to the recurrence of the defect after repair or due to a greater number of defects. Re-occurrence of a defect means the same defect that has manifested itself for the third time. If there are other irremediable defects and if the Buyer does not request replacement of the item, the Buyer is entitled to a reasonable discount on the price of the item or may withdraw from the Contract.

2. 7 Unless otherwise stipulated in the Complaints Procedure, the rights and obligations of the Seller and the Buyer with regard to rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

3 WARRANTY

3. 1 The Seller provides a so-called lifetime guarantee for some of their goods (hereinafter referred to as the "Lifetime Guarantee"). The Lifetime Guarantee is provided only for goods for which this is specifically stated in the Seller's E-shop.

3. 2 The Lifetime Warranty is provided to Consumer Buyers and does not apply to Entrepreneur Buyers. The Buyer-Entrepreneur may individually agree otherwise with the Seller.

3. 3 Unless otherwise stated on the E-shop, the Lifetime Warranty applies to the Seller's musical instruments. The Lifetime Warranty includes a warranty for the quality of the body of the instrument and the tuning mechanism of the instrument. The Lifetime Warranty does not expressly cover:
    a) broken strings,
    b) improperly selected goods (e.g. improper gift, change of Buyer's mind, etc.),
    c)  intentional damage or destruction of the goods by the Buyer or other persons,
    d) cases of loss or theft of goods.
This does not affect the Consumer’s rights (especially the right to withdraw from the Contract concluded via the Internet) under the Terms and Conditions.

3. 4 The lifetime guarantee is not limited in time. However, the Lifetime Warranty applies only to the Buyer who has concluded the Contract with the Seller (i.e., to the first owner who purchased the goods directly from the Seller). In the event of a subsequent transfer of ownership of the Goods to a third party, the Lifetime Warranty shall cease.

3. 5 The Lifetime Warranty shall terminate in the event of the dissolution of the Seller.

3. 6 Under the Lifetime Warranty, the Seller undertakes, in the event that a defect occurs in the goods during the term of the Lifetime Warranty, to repair the goods free of charge or, if repair is not possible, to supply new goods (identical or at least comparable to the original goods).

4 ACCEPTANCE OF THE GOODS ON DELIVERY BY THE CARRIER

4. 1 The Buyer shall, without undue delay after delivery of the goods by the relevant carrier or delivery service provider, check the condition of the consignment (number of packages, integrity of the tape, integrity of the packaging) in accordance with the Contract and the document from the carrier.

4. 2 The Buyer is entitled to refuse to accept goods that are obviously damaged or the packaging is obviously damaged in a significant way, which gives rise to a reasonable presumption that the parcel has been tampered with or that the goods inside have been damaged (this also applies to cases where the parcel is visible as having been exposed to weather or water). If the Buyer nevertheless accepts the damaged shipment from the carrier, he is obliged to describe the damage in the carrier's handover report and notify the Seller without undue delay at the contact e-mail address below. The Seller recommends taking photo documentation of the package and/or damaged packaging at the same time.

5 PROCEDURE FOR MAKING AND SETTLING A CLAIM

5. 1 In the event that the Buyer discovers a defect in the Goods within the period specified in Article 2 of this Complaints Procedure or within the warranty period under this Complaints Procedure, the Buyer shall have the right to claim the Goods.

5. 2 The Buyer is obliged to file a claim with the Seller via the contact details listed below in this Complaints Procedure, without undue delay after discovering the defect or other problem.

5. 3 In the notice of claim, the Buyer is obliged to provide his/her contact details, a description of the defect, and a request for the manner of settlement of the claim (i.e. what rights he claims from the defective performance). The Buyer is obliged to submit to the Seller, together with the warranty claim, the claimed goods and proof of purchase of the goods from the Seller (typically an invoice, tax or other proof of purchase).

5. 4 The Seller shall issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the claim and what method of settlement the Buyer requires.

5. 5 The Seller shall decide on the claim immediately, in complex cases within 3 working days. This time limit does not include the time appropriate to the type of goods and necessary for a professional assessment of the defect.

5. 6 The complaint, including the possible removal of the defect, will be settled by the Seller as soon as possible, but no later than 30 days from the date of its proper application (as described above). The Seller may agree with the Buyer to extend this period. If the Seller fails to comply with this deadline, the Buyer shall have the same rights as if it were a material breach of the Contract, i.e. the Buyer shall be entitled to withdraw from the Contract.

5. 7 The Seller shall issue to the Buyer within the aforementioned time limit for the settlement of the claim the claimed goods and furthermore a confirmation of the date and manner of settlement of the claim, including confirmation of any repairs and their duration or replacement of the goods, or a written justification of the rejection of the claim.

5. 8 The warranty, if any, provided by the Seller shall be extended by the period from the time the claim is made until the claim is settled or until the Buyer has been obliged to collect the goods. In the event of an unjustified claim, the quality guarantee shall not be extended.

5. 9 In the case of a legitimate claim, the Buyer is entitled to compensation for the reasonable costs of the claim (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 liability for defects. The Buyer shall send the request for reimbursement of costs to the email address specified below in this Complaints Procedure. In the email, he/she shall include the claim number, account number and attach evidence of the costs claimed (e.g., delivery slips or other documents). The Seller shall decide on the reasonableness of the costs incurred by the Buyer.

6 CONTACT DETAILS FOR MAKING A COMPLAINT

6. 1 The Buyer shall use one of the following contacts for the purpose of exercising rights arising from defective performance or for other related communications:
    a)    e-mail: lavvu@lavvuinstruments.com
    b)    delivery address: Kaprova 42/14, Prague 1, 110 00, Czech Republic
    c)    telephone: +420 777 036 796
6. 2 The Seller shall contact the Buyer in the manner used by the Buyer to communicate with the Seller or at the contact details provided in the Contract or in the user account on the Seller's E-shop.

7 COMMON AND FINAL PROVISIONS

7.1 The provisions of this Complaints Procedure shall not affect the Buyer's rights and obligations under the Terms and Conditions (namely, as regards the right of withdrawal from the Contract and others).

7. 2 This Complaints Procedure shall come into force and effect on 1.9.2024.


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