Complaints Procedure (EN)

The Czech version of this document is decisive. Translations into other languages are for information only.

1. General Provisions

This Complaints Procedure governs the rights and obligations of the consumer-buyer and the seller when exercising rights arising from defective performance in accordance with Act No. 89/2012 Coll., the Civil Code (hereinafter only the "CC"), in particular Sections 2099–2117 CC and Sections 2158–2174b CC, and Act No. 634/1992 Coll., on Consumer Protection.

Seller:

HOOKAH GARAGE s.r.o., Dobrovského 874/29, 702 00 Ostrava, Czech Republic

Company ID (IČO): 08997608 | VAT ID (DIČ): CZ08997608
Registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, File 81580

E-mail: office@titaniumcarcare.eu

2. Warranty Period and Liability for Defects

The seller is liable to the consumer that the goods are free of defects upon receipt. The consumer is entitled to exercise a right arising from a defect that appears in consumer goods within two years of receipt (Section 2165(1) CC).

The period from the assertion of a complaint until the time when the consumer was obliged to take back the item after the complaint was resolved is not counted towards the period for exercising rights arising from defective performance (the period is suspended for this time). In the event of replacement of the goods with new goods, no new period for exercising rights arising from defective performance begins; instead, the period of the original goods continues, extended by the time during which the item was in the complaints procedure.

The following is not considered a defect:

• wear and tear caused by normal use;
• defects caused by mechanical damage by the buyer;
• defects caused by improper or incorrect use, storage or handling contrary to the instructions;
• damage caused by natural disasters or external events;
• defects arising after the passing of the risk of damage to the goods for which the seller is not liable;
• a change in the properties of goods with a limited shelf life (car perfumes, aerosol products, waxes, shampoos, etc.) after the expiry of the use-by date or best-before date marked on the packaging; the buyer is obliged to check the date before use.

A defect that appears within 12 months of receipt of the goods is deemed to have existed at the time of receipt, unless the nature of the item or defect precludes this, or unless the seller proves otherwise (Section 2161(2) CC).

3. Rights Arising from Defective Performance

If the goods have a defect, the consumer may request its removal. At their option, they may request:

a) repair of the item, or

b) delivery of a new item without a defect.

The seller may refuse to remove the defect if doing so is impossible or disproportionately costly, in particular with regard to the significance of the defect and the value the item would have without the defect (Section 2169 CC).

The consumer may request a reasonable discount or withdraw from the contract if:

a) the seller refused to remove the defect or failed to remove it in accordance with legal regulations;

b) the defect appears repeatedly;

c) the defect constitutes a material breach of the contract; or

d) it is evident from the seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulty for the consumer.

The consumer may not withdraw from the contract if the defect of the item is insignificant; the defect is presumed not to be insignificant unless the seller proves otherwise (Section 2171(2) CC).

4. Procedure for Asserting a Complaint

The consumer shall assert a complaint without undue delay after discovering the defect, no later than the end of the two-year period from receipt of the goods. A complaint may be asserted:

• Electronically by e-mail to the seller's address: office@titaniumcarcare.eu;
• In writing or in person at the establishment: Dobrovského 874/29, 702 00 Ostrava.

When asserting a complaint, the consumer shall state:

1. The order number or proof of purchase;
2. A description of the defect and the circumstances of its discovery;
3. Photographic documentation of the defect (recommended);
4. The batch number and use-by or best-before date (if stated on the packaging) – this facilitates locating the record and speeds up processing of the complaint;
5. Contact details;
6. The requested method of resolving the complaint (primarily repair or replacement of the goods; secondarily a reasonable discount or withdrawal from the contract and a refund under the conditions of Section 2171 CC).

The seller is obliged to confirm receipt of the complaint to the consumer without undue delay.

5. Time Limits for Resolving a Complaint

The complaint, including removal of the defect, will be resolved and the consumer will be informed of its resolution no later than 30 days from the date the complaint was asserted, unless the seller and the consumer agree on a longer period (Section 19(3) of the Consumer Protection Act). The futile expiry of this period is considered a material breach of contract and the consumer has the right to withdraw from the contract or request a reasonable discount.

6. Transport of Complained Goods

The consumer shall send the complained goods to the address of the seller's establishment. The seller does not accept shipments sent cash on delivery. In the case of a justified complaint, the consumer has the right to reimbursement of the reasonably incurred costs associated with asserting the complaint (in particular postage in a reasonable amount). The consumer must assert these rights with the seller no later than one month after the expiry of the period within which the defect must be reported (Section 1924 CC). In the case of an unjustified complaint, the consumer bears the transport costs.

The seller recommends that the consumer send the complained goods clean and hygienically safe. The seller is entitled to refuse to accept goods that are soiled beyond the usual extent or whose condition prevents a safe assessment of the complained defect.

Submission of the original packaging is not a condition for accepting or recognising a complaint.

7. Result of the Complaint

The seller shall inform the consumer of the result of the complaint by e-mail or in writing within the period set out in Article 5. The seller shall issue the consumer a written confirmation (complaint protocol) stating the date and method of resolving the complaint, including confirmation of the repair performed and its duration, or a written justification for rejecting the complaint (Section 19(5) of the Consumer Protection Act).

If the complaint is upheld:

• repair or replacement: the seller shall ensure delivery of the repaired or new goods to the consumer at its own expense;
• discount: the seller shall refund the corresponding part of the purchase price to the consumer's bank account;
• withdrawal from the contract: the seller shall refund all funds to the consumer without undue delay, but no later than after receiving the goods back or after the consumer proves that they have sent the goods (Section 2171(4) CC).

8. Out-of-Court Dispute Resolution

In the event of a dispute that cannot be resolved by direct communication, the consumer may use:

Czech Trade Inspection Authority (ČOI): Central Inspectorate – ADR, Gorazdova 1969/24, 120 00 Prague 2, www.coi.gov.cz/mimosoudni-reseni-spotrebitelskych-sporu-adr/.

9. Final Provisions

This Complaints Procedure takes effect on the date stated in the version header. The seller is entitled to reasonably amend the Complaints Procedure; for a specific complaint, the procedure effective on the date the complaint is asserted applies.

This Complaints Procedure takes effect on 14 June 2026.