Information on Alternative Dispute Resolution
Information on alternative resolution of consumer disputes (ADR)
1. Dear customers, we would like to inform you that any your requests and even disputes that arises between you and our company we always try to properly consult and solve to mutual satisfaction.
2. If, however, we fail to meet your expectations, and thus any kind of unsolved dispute arises between you and our company, than you are entitled to ask for so-called alternative dispute resolution (“ADR”) – out-of court settlement.
3. In the case of a dispute between you (as a consumer) and our company concerning the sale of our goods/services you can ask specific (authorised) body to help you to find an out-of court settlement through the ADR procedure. The specific body entitled for the ADR procedure is especially: the Czech Trade Inspection (“CTI”) (as we are a Czech company selling goods from the Czech Republic) – you can find more information on the CTI’s website: www.coi.cz. Other bodies entitled for the ADR procedure (including cross-border sales/disputes) and further information about ADR you can find also on the official EU website, https://ec.europa.eu/consumers/odr/.
4. The ADR Procedure is initiated/started with a request (made by you or us), which must at least contain:
a) identification of the parties (yours and ours)
b) complete and understandable description of respective facts/dispute description,
c) the proposal of what you ask for – petition (e.g. to refund the purchase price, the exchange of goods, etc.),
d) the date when you applied for the respective proposal/petition (what you ask for) at our company,
e) statement that the dispute was not solved by or is pending in court, arbitration or before other respective body;
f) date and signature.
4.1 The application should be accompanied with a proof that you (tried and) have failed to solve the dispute directly with our company (for example, our correspondence, etc.) and other necessary evidence. The application shall be accompanied by power of attorney, if an attorney represents you.
4.2 You can submit the application with the authorized body within 1 year from the date on which you applied your proposal (i.e. the withdrawal/complaint) at our company (Czech legal regulation).
4.3 ADR procedure must be completed within 90 days. For particularly complex disputes the respective body is entitled to prolong that period by a maximum of 90 days (Czech legal regulation).
4.4 ADR procedure ends with:
(a) mutual agreement of the parties (optional),
(b) your unilateral declaration of termination (withdrawal) of ADR procedure,
(c) your death, declaration of death or dissolution of one of the parties without a legal successor,
(d) fruitless passing of the deadline for resolving the dispute,
(e) refusal of the application (for its defects), (Czech legal regulation).
Other countries (then Czech republic) can have also different legal regulation of the ADR.
4.5 ADR procedure is free of charge. Costs of the parties associated with the ADR procedure shall be borne by the themselves and will not be reimbursed.
4.6 The body entitled to ADR procedure shall determine their specific rules for the ADR procedure.
5. In case the ADR procedure will not lead to (will not end with) the solution of the dispute, you are always entitled to ask the respective court (respective body) to solve the dispute.
6. It is not necessary for you to use the ADR procedure (before a court action), but it is advisable.
7. For further information please visit the respective websites of the authorised bodies (to perform ADR procedure) – especially the https://ec.europa.eu/consumers/odr/.