Complaints Procedure

COMPLAINTS PROCEDURE of VAPE spol. s r.o.

with its registered office at Bílanská 1647/34a, 767 01 Kroměříž, identification number: 00543551

registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 1911

Article 1

Introductory provisions

The buyer's rights arising from defective performance (hereinafter referred to as "complaints") must always be exercised in accordance with these complaints procedure rules. Matters not covered by these complaints procedure rules are governed by the legal order of the Czech Republic. The seller shall familiarise the buyer with these complaints procedure rules in an appropriate manner and, at the buyer's request, shall provide them in text form. These complaints procedure rules are in accordance with Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll. on consumer protection, which is replaced by Act No. 374/2022 Coll., as amended.

Article 2

Making a complaint

The buyer has the right to file a complaint with the seller at their place of business. The decisive moment for filing a complaint is the moment the buyer notifies the seller of their intention to file a complaint using the Complaint Form available on the seller's website.

The seller shall ensure the presence of an employee authorised to receive complaints during all business hours.

The buyer is obliged to prove that they are entitled to make a complaint, in particular to prove the date of purchase by presenting the sales document or by other credible means. The buyer is not entitled to make a complaint about a defect that has already been reported in the past if a reasonable discount on the purchase price has been provided.

The seller is not liable for defects in the following cases:

• if the defect is present at the time of delivery and a discount on the purchase price has been agreed for such a defect,
• if it is caused by the buyer and arose due to improper use, storage, interference by the buyer or mechanical damage.

The buyer has the right to complain only about goods purchased from VAPE spol. s r.o. with its registered office at Bílanská 1647/34a, 767 01 Kroměříž. Goods purchased from another seller must be complained about to that seller.

Article 3

Deadline for exercising rights

The buyer may exercise their rights arising from defective performance within 24 months of taking delivery of the goods. The buyer shall exercise their rights arising from defective performance without undue delay after discovering that the goods are defective. The seller is not liable for any increase in the extent of damage if the buyer uses the goods despite being aware of the defect. If the buyer justifiably asserts a defect against the seller, the period for exercising rights arising from defective performance shall not run for the period during which the goods are being repaired and the buyer cannot use them.

Article 4

Settlement of complaints

The seller is obliged to issue the buyer with written confirmation stating the date and place of the complaint, the nature of the defect complained about, the method of handling the complaint requested by the buyer and the method by which the buyer will be informed of its handling. Complaints, including the removal of defects, must be handled without undue delay, no later than 30 days from the date of filing the complaint, unless the seller and the buyer agree on a longer period. The futile expiry of this period is considered a material breach of contract. The seller is obliged to confirm the method of handling the complaint and its duration to the buyer in writing.

The buyer is obliged to take delivery of the goods subject to complaint within 30 days of the date by which the complaint should have been settled at the latest. After this period, the seller is entitled to charge reasonable storage fees or to sell the goods on the buyer's account. The seller must notify the buyer of this procedure in advance and grant them a reasonable additional period to take delivery of the goods.

Article 5

Quality upon receipt

The seller declares that it delivers the goods to the buyer in accordance with the provisions of Section 2161 of the Civil Code, i.e.:

• the goods have the characteristics described or published by the seller,
• the goods are fit for the purpose stated by the seller or for which goods of this type are normally used,
• the goods are what the Buyer expected with regard to their nature or based on advertising carried out by the Seller,
• the goods comply with legal requirements.

If the goods do not meet the above requirements upon receipt by the buyer, the buyer has the right to have new goods delivered without defects, unless this is disproportionate to the nature of the item. If the defect concerns only a part of the item, the buyer may only request replacement of the part; if this is not possible, they may withdraw from the contract and request a full refund of the purchase price. However, if this is disproportionate due to the nature of the defect, in particular if the defect can be removed without undue delay, the buyer has the right to have the defect removed free of charge.

If the buyer does not withdraw from the contract or exercise their right to delivery of new goods without defects, replacement of a component or repair, they may request a reasonable discount on the purchase price. The buyer is also entitled to a reasonable discount if the seller is unable to deliver new goods without defects, replace a part or repair the goods, as well as if the seller fails to remedy the situation within a reasonable time or if remedying the situation would cause considerable difficulties for the consumer.

If a defect becomes apparent within (12) months of receipt, it is assumed that the item was defective at the time of receipt.

Article 6

Seller's liability for defects that constitute a material or immaterial breach of contract

The seller's liability for defects that constitute a material or immaterial breach of contract shall apply to defects in goods arising within 24 months of acceptance, namely for defects for which liability for quality upon acceptance pursuant to Article 5 does not apply. A defect is considered a material breach of contract if the buyer would not have entered into the contract had they foreseen the defect at the time of entering into the contract; in other cases, the defect is not a material breach of contract.

If the defect is a material breach of contract, the buyer has the right, at their discretion, to request delivery of a new item, repair, a reasonable discount, or withdrawal from the contract (with the right to a full refund of the purchase price). If the defect is an immaterial breach of contract, the buyer has the right to have the defect removed or to receive a reasonable discount.

The buyer has the right to delivery of a new faultless item, replacement of a part, a discount on the price or withdrawal from the contract regardless of the nature of the defect if they cannot use the item properly due to the repeated occurrence of the defect after repair or due to a larger number of defects.

Article 7

Exchange/return of goods

Exchange of goods means replacing the original type with another type.

Conditions for exchange/return of goods:

- goods must be returned complete and in their original condition,

- goods must not be damaged or modified in any way,

- goods must not show signs of wear and tear or use,

- the goods must not bear any traces of assembly,

- The customer must provide the invoice number on which the goods are invoiced.

The deadline for exchanging goods is 30 days from delivery of the goods to the customer. The customer is obliged to deliver the original goods to the seller within this 30-day period. The buyer acknowledges that the goods cannot be returned to the seller by cash on delivery. Such a shipment will not be accepted by the seller.

The deadline for returning goods is a maximum of 3 months from the date of sale.

The buyer is obliged to pay the shipping costs when exchanging/returning goods.

If the customer makes any modifications that change, for example, the dimensions, design, connection or functionality of the purchased products, the seller shall not be liable for these. No warranty can be provided for such modified products.

Article 8

Costs of complaints and dispute resolution

If the complaint is recognised as justified, the buyer is entitled to reimbursement of the costs reasonably incurred in exercising their rights.

If the seller rejects the complaint as unjustified, the buyer, or both parties by agreement with the seller, may contact a court expert in the field and request an independent expert assessment of the defect.

If no agreement is reached between the buyer and the seller, the buyer may turn to existing systems of out-of-court settlement of consumer disputes or to the competent court.

These Complaints Rules are effective from 10 November 2025.