Complaints Procedure

Operator: Luxsense s.r.o., Oskol 3192/43, 767 01 Kroměříž, Company ID (IČO): 05462410, VAT ID (DIČ): CZ05462410
e-mail: care@liviny.cz, phone: +420 773 122 202
(hereinafter the “seller”)

This complaints procedure governs the manner and conditions of claiming defects in goods purchased via the e-shop https://liviny.cz and forms an integral part of the General Terms and Conditions. It is governed in particular by Czech Act No. 89/2012 Coll., the Civil Code, and Czech Act No. 634/1992 Coll., on Consumer Protection.

1. The seller's liability for defects

1.1. The seller is liable to the buyer for the goods being free of defects upon receipt and having the characteristics set out in Article 5 of the General Terms and Conditions.

1.2. A consumer may claim a defect that becomes apparent in the goods within two years of receipt (Section 2165 of the Czech Civil Code). If a defect becomes apparent within one year of receipt, the goods are deemed to have been defective already upon receipt, unless the nature of the goods or of the defect precludes this (Section 2161(5) of the Czech Civil Code).

1.3. For goods with a marked minimum durability date or use-by date (cosmetics, food supplements), rights arising from defective performance may be exercised no later than the expiry of that period.

1.4. Rights arising from defective performance do not cover:

• defects caused by incorrect use, storage or handling contrary to the manufacturer's instructions;
• wear and tear of the goods caused by their ordinary use;
• expiry of the durability / use-by period.

1.5. Natural products and differences between batches. Our cosmetics and food supplements are made from natural raw materials whose properties naturally vary with the harvest and the batch. Differences in scent, colour or consistency between individual batches are therefore normal and are not a defect of the goods. A defect arises only where the goods do not match the description, are degraded, contaminated or spoiled before the end of their durability period.

An unpacked product cannot be returned without giving a reason, for hygiene reasons. Only a product that has a defect can be claimed.

Opened cosmetics and complaints. The fact that the protective packaging or seal of a cosmetic product or food supplement has been broken does not in itself exclude the right to claim a defect. The hygiene exception under Section 1837 of the Czech Civil Code applies only to withdrawal from the contract within 14 days without giving a reason (see Withdrawal from the Contract), not to rights arising from defective performance. So if even opened goods have a defect (e.g. they are spoiled before the end of their durability period, contaminated, do not match the description, have a faulty container/dispenser, etc.), they can be claimed. Conversely, a complaint is not a way to return goods out of mere dissatisfaction (e.g. an unsuitable scent, “it didn't work”), which does not constitute a defect.

2. The consumer's rights arising from defective performance

2.1. If the goods have a defect, the consumer may demand that it be remedied. At their choice, they may demand delivery of a new item free of defects or repair of the item, unless the chosen way of remedying the defect is impossible or disproportionately costly compared with the other (Section 2169 of the Czech Civil Code).

2.2. The consumer may demand a reasonable discount on the purchase price or withdraw from the contract if (Section 2171 of the Czech Civil Code):

• the seller refused to remedy the defect or failed to remedy it in accordance with the law;
• the defect appears repeatedly;
• the defect constitutes a material breach of the contract;
• it is apparent from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience for the consumer.

2.3. The consumer may not withdraw from the contract if the defect in the goods is insignificant.

3. How to make a claim

3.1. Please make your claim by e-mail first, at care@liviny.cz — describe the defect and attach photographs. Send the goods only after that; the outcome of the e-mail assessment determines who pays the shipping (clauses 3.1.1 and 3.1.2).

Contact for complaints:
Address: Oskol 3192/43, 767 01 Kroměříž
Phone: +420 606 344 705
E-mail: care@liviny.cz

3.1.1. If we accept the claim already from the e-mail exchange, we will send you a link for a free return via a DPD pick-up point or parcel box, or we will order a courier to collect the parcel from you. In that case we pay the shipping.

3.1.2. If the claim can only be assessed once the goods have been delivered and inspected, you pay the shipping to us first. Once the claim is accepted, we reimburse those costs (see clause 3.4).

3.1.3. Please do not send the parcel via Česká pošta. Use any other carrier — a parcel delivered to hand as well as a parcel sent to a pick-up box at the address above (there is a Zásilkovna box, a GLS box and an Alzabox on site).

3.2. When making a claim, we recommend that you:

• describe the defect being claimed;
• provide proof of purchase of the goods from the seller (e.g. order number, invoice, tax document);
• state your chosen way of settling the claim (repair, replacement, discount, withdrawal) in accordance with Article 2;
• provide your contact details and, where applicable, bank details for a refund.

You can use the model complaint form below to make this easier. Its use is not obligatory.

3.3. Where the nature of the defect allows, the buyer hands over the claimed goods in a hygienically acceptable condition and securely packed so that no damage or contamination occurs in transit. For cosmetics and food supplements, the claim is assessed with regard to the nature of the product, the condition of the packaging, the batch, the use-by period and the manner of storage.

3.4. The cost of transporting the claimed goods to the seller is borne, in the first instance, by the buyer; this does not apply where we have provided a free return under clause 3.1.1. If the claim is found justified, the consumer is entitled to reimbursement of the costs reasonably incurred in making the claim (Section 1924 of the Czech Civil Code); the reimbursement must generally be requested within one month of the claim being settled.

4. Settling the claim and deadlines

4.1. The seller is obliged to issue the consumer with written confirmation of when the consumer made the claim, what its content is, what way of settling it the consumer requests and what contact details the consumer provided (Section 19(1) of the Czech Consumer Protection Act).

4.2. The claim, including remedying the defect, must be settled and the consumer informed of this no later than within 30 days of the day the claim was made, unless the seller and the consumer agree on a longer period (Section 19(3) of the Czech Consumer Protection Act).

4.3. If the period under Article 4.2 expires to no effect, this is considered a material breach of the contract and the consumer has the right to withdraw from the purchase contract or to demand a reasonable discount.

4.4. The seller will issue the consumer with confirmation of the date and manner of settling the claim or, as the case may be, written reasons for rejecting the claim.

4.5. Claims by buyers who are businesses are settled within a reasonable period; the 30-day period and other rules in favour of consumers do not apply to businesses.

5. Model complaint form

(Complete and send this form only if you wish to claim defective goods. Use of the form is not obligatory.)

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Addressee:
Luxsense s.r.o.
Oskol 3192/43, 767 01 Kroměříž
Company ID (IČO): 05462410
Phone: +420 606 344 705
E-mail: care@liviny.cz

Making a claim

• Consumer's name and surname: ____________________________
• Address: ____________________________
• E-mail: ____________________________
• Phone: ____________________________
• Order / invoice number: ____________________________
• Date of order / receipt of goods: ____________________________
• Goods being claimed: ____________________________
• Detailed description of the defect: ____________________________

Requested way of settling the claim (tick / state):

• ☐ repair of the item
• ☐ delivery of a new item / missing part
• ☐ reasonable discount on the purchase price
• ☐ withdrawal from the contract and refund of the purchase price

Bank account for the refund (only for payment by bank transfer or cash on delivery — card payments are refunded back to the payment card): ____________________________

In ____________________ on __________

Consumer's signature: ____________________
(only if the form is sent in paper form)

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This complaints procedure takes effect on 1 July 2026.
Document version: 1.0