1. Scope of the Complaints Policy

This Complaints Policy describes the exercise of rights relating to defective performance for goods purchased through the Lilly’s online store at www.lillys.cz or www.lillys.eu.

This Complaints Policy is based on the Czech Civil Code, the Consumer Protection Act and the relevant legislation of the European Union.

If the buyer is a consumer whose habitual residence is in another Member State of the European Union, this Complaints Policy does not affect the rights granted to them by mandatory legal provisions that would otherwise apply to their consumer relationship.

Withdrawal without giving a reason within 14 days is a separate process governed by the Refund Policy. In the event of a defect, damage during transport or delivery of incorrect goods, do not use the standard paid return process; contact Lilly’s and submit a complaint.

2. What the Seller Is Responsible For

The seller is responsible to the consumer for ensuring that the goods are free from defects upon receipt and conform to the contract. In particular, the goods must:

• correspond to the agreed description, type, quantity, quality, functionality and other agreed characteristics;
• be suitable for the purpose for which the consumer requires them and to which the seller has agreed;
• be supplied with the agreed accessories, instructions and installation guidance;
• be suitable for the purposes for which goods of this type are normally used;
• have the characteristics that the consumer may reasonably expect with regard to the nature of the goods and public statements;
• correspond to any sample or model provided before conclusion of the contract;
• be supplied with packaging, accessories and safety information that the consumer may reasonably expect.

In the case of natural materials, natural and reasonably expected variations in grain, shade or texture do not constitute a defect, provided they correspond to the description and do not prevent normal use.

A defect may also consist of incomplete, incorrect or unclear instructions where instructions are necessary for proper or safe installation or use.

3. Period for Exercising Rights Relating to Defects

The consumer may exercise rights relating to defects for the period specified by the laws applicable to the relevant consumer relationship.

For consumers in the Czech Republic, a defect may be raised if it becomes apparent within two years after receipt of the goods. If a defect becomes apparent within one year after receipt, the goods are presumed to have been defective at the time of receipt, unless this is incompatible with the nature of the goods or the defect.

For consumers whose habitual residence is in another Member State of the European Union, mandatory rules concerning statutory liability for defects, the burden of proof and applicable time limits under the relevant law also apply.

Statutory rights relating to defective performance are not the same as a voluntary commercial guarantee. Lilly’s does not provide any additional commercial guarantee of quality unless expressly stated otherwise for a particular product or in a separate guarantee statement.

4. What Is Generally Not Considered a Defect

Rights relating to defective performance generally do not apply to a problem that arose only after receipt of the goods due to circumstances attributable to the buyer, including:

• normal wear and tear corresponding to the nature and duration of use;
• mechanical damage caused by the buyer, an animal or a third party;
• use contrary to the intended purpose, instructions or safety warnings;
• installation contrary to the instructions or on an unsuitable surface;
• use of unsuitable anchoring or installation materials selected for the specific wall;
• exceeding the maximum load capacity or subjecting the product to excessive dynamic loads;
• failure to carry out inspections or maintenance, or continued use after damage has been identified;
• unauthorised modification or repair carried out without the seller’s consent.

These limitations do not apply if the problem was caused or contributed to by a product defect, incorrect or incomplete instructions, an unsuitable installation component supplied with the product, or another breach of the seller’s obligations.

5. How to Make a Complaint

A complaint may be submitted:

• by email to shop@lillys.cz;
• in writing or, by prior arrangement, in person at: Bc. Michal Štrkolec – Lilly’s, Ghegova 1019/1, 602 00 Brno, Czech Republic .

To enable faster assessment, we recommend providing:

• your name and contact details;
• the order number or other information proving the purchase;
• an exact identification of the goods;
• a description of the defect, when it appeared and under what circumstances;
• the remedy requested;
• photographs or video, where these can show the defect.

The original packaging and a paper receipt are not required in order to make a complaint. The purchase may also be proven using the order confirmation, payment record or another reliable method.

Photographs or video may speed up the initial assessment. However, the seller may need to physically inspect the product if this is necessary to assess the complaint.

6. Providing the Goods for Inspection

Where a physical inspection is necessary, Lilly’s will agree with the consumer on an appropriate method for handing over or transporting the goods subject to the complaint.

The consumer must provide the cooperation reasonably required and package the goods so that they are not further damaged during transport.

Please do not send goods cash on delivery without prior agreement.

In the case of a justified complaint, the seller bears the reasonably and necessarily incurred costs associated with making the complaint, including reasonable transport costs for the goods subject to the complaint, where such costs are reimbursable under applicable law.

This also applies to orders delivered to another Member State of the European Union. We therefore recommend that the consumer contact Lilly’s before arranging expensive international transport, so that an appropriate method of transport or another means of assessing the defect can be agreed.

For large or installed products, remote diagnostics, sending a replacement part or another reasonable solution may be appropriate as a first step. The chosen solution must not cause disproportionate or significant inconvenience to the consumer and must comply with applicable law.

7. Confirmation of the Complaint

When a complaint is submitted, the seller will provide the consumer with confirmation to the extent required by applicable law.

For complaints governed by Czech law, the confirmation will include in particular:

• the date on which the complaint was submitted;
• the content of the complaint and the defect reported;
• the method of resolution requested by the consumer;
• the consumer’s contact details for notification of the outcome.

Once the complaint has been resolved, the seller will provide confirmation of the date and method of resolution, including confirmation of any repair and its duration, or, where applicable, written reasons for rejecting the complaint, if required by applicable law.

8. Choice of Remedy

8.1 Repair or Replacement

If the goods are defective, the consumer may request that the defect be remedied in a manner consistent with applicable law.

Under Czech law, the consumer may choose between repair and replacement with defect-free goods, unless the chosen remedy is impossible or disproportionately expensive compared with the alternative, taking into account the significance of the defect, the value the goods would have without the defect and the possibility of providing the remedy without significant inconvenience.

The seller may refuse to remedy the defect if doing so is impossible or disproportionately expensive, where permitted by applicable law.

8.2 Price Reduction or Withdrawal from the Contract

The consumer may request an appropriate price reduction or withdraw from the contract in the circumstances provided by applicable law.

Under Czech law, these rights may be exercised in particular where:

• the seller has refused to remedy the defect or has failed to remedy it properly;
• the defect occurs repeatedly;
• the defect constitutes a material breach of the contract;
• it is apparent from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience;
• the complaint was not resolved within the period required by applicable law or agreed by the parties.

The consumer may not withdraw from the contract if the defect is insignificant, unless applicable law provides otherwise.

9. Removal and Reinstallation

If the product was installed in accordance with its nature and intended purpose before the defect became apparent, the statutory obligations relating to its removal and the installation of the repaired or replacement product will also be taken into account when providing the remedy.

Depending on the circumstances and applicable law, the seller may arrange the removal and reinstallation or reimburse the reasonably and necessarily incurred costs.

Where possible, we recommend that the consumer contact Lilly’s before arranging paid removal or installation, so that an appropriate solution can be agreed.

This does not limit the consumer’s right to reimbursement of necessary and reasonably incurred costs where prior consultation was not reasonably possible.

10. Time Limit for Resolving Complaints

Complaints are handled without undue delay and within the time limits specified by the laws applicable to the relevant consumer relationship.

For consumers in the Czech Republic, the seller will decide on the complaint immediately or, in more complex cases, within three business days. This period does not include the reasonable time required for professional assessment of the defect.

Under Czech law, the complaint, including remedying the defect, must be resolved and the consumer informed of the outcome without undue delay and no later than 30 days after the complaint is submitted, unless the parties agree on a longer period.

The running of the relevant time limits assumes that the consumer provides the cooperation reasonably required, including making the product available for inspection where this is necessary to resolve the complaint.

For consumers in another Member State of the European Union, the mandatory time limits and procedural rules applicable to their consumer relationship also apply.

11. Costs of a Justified Complaint

If the complaint is justified, the consumer is entitled to reimbursement of the reasonably and necessarily incurred costs associated with making the complaint to the extent provided by applicable law.

It is advisable to claim reimbursement without undue delay and provide evidence, for example, a receipt for transport, installation work or other related costs.

For cross-border complaints, we recommend contacting Lilly’s before arranging more expensive transport or professional services, so that a reasonable and cost-effective solution can be selected.

12. Transport Damage and Safety Incidents

Damage discovered after delivery should be reported as soon as possible to shop@lillys.cz.

Where possible, please include photographs of the packaging, shipping label and product. A damage report made with the carrier is useful, but the absence of such a report does not in itself limit the consumer’s statutory rights.

If the product caused or could have caused an injury, fall, detachment of a component or another safety incident, stop using the product, secure the area and contact Lilly’s immediately.

Do not dispose of the product or related parts unless keeping them would create an additional safety risk.

13. Alternative Dispute Resolution

If a dispute cannot be resolved by agreement, the consumer may use the relevant alternative dispute resolution mechanism for consumer disputes.

In the Czech Republic, the competent body is:

Česká obchodní inspekce
Ústřední inspektorát – oddělení ADR
Gorazdova 1969/24, 120 00 Praha 2
Email: adr@coi.gov.cz
Website: coi.gov.cz/informace-o-adr/

A consumer residing in another Member State of the European Union may also use the relevant alternative dispute resolution mechanisms available under the rules applicable to their consumer relationship.

14. Contact

Complaints and enquiries relating to defective goods: shop@lillys.cz • +420 777 567 744.

Address for written submissions and, by prior arrangement, for handing over goods:

Bc. Michal Štrkolec – Lilly’s
Ghegova 1019/1
602 00 Brno
Czech Republic