Refund policy

Rights Arising from Defective Performance

  1. The seller is liable to the buyer for the goods being free of defects upon receipt. In particular, the seller is liable to the buyer that, at the time the buyer took over the goods:

  • the goods have the characteristics agreed between the parties and, in the absence of such an agreement, the characteristics described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and the advertising carried out by them,

  • the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,

  • the goods correspond in quality or workmanship to the agreed sample or specimen, where the quality or workmanship was determined according to an agreed sample or specimen,

  • the goods are in the corresponding quantity, measure or weight, and

  • the goods comply with the requirements of legal regulations.

  1. If a defect becomes apparent within six months of the buyer taking over the goods, the goods are deemed to have been defective already upon receipt. The buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price on account of the defect for which the lower price was agreed, to wear and tear caused by the ordinary use of the goods, in the case of used goods to a defect corresponding to the degree of use or wear the goods had when taken over by the buyer, or where this follows from the nature of the goods.

  1. If a defect occurs, the buyer may submit a claim to the seller and request:

  • an exchange for new goods,

  • a reasonable discount on the purchase price,

  • to withdraw from the contract.

  1. The buyer has the right to withdraw from the contract, ï if the goods have a substantial defect,

ï if the buyer cannot properly use the item due to the repeated occurrence of a defect or defects after repair,

ï in the case of a larger number of defects in the goods.

  1. The seller is obliged to accept a claim at any of its premises where accepting the claim is possible, or at its registered office or place of business. The seller is obliged to issue the buyer a written confirmation of when the buyer exercised the right, what the content of the claim is and which method of settling the claim the buyer requests, as well as a confirmation of the date and method of settling the claim, including confirmation of the repair and its duration, or, as the case may be, a written justification of the rejection of the claim.

  1. The seller or an employee authorised by the seller will decide on the claim immediately, in complex cases within three business days. This period does not include the time, reasonable with regard to the type of product or service, needed for an expert assessment of the defect. The claim, including the removal of the defect, must be settled without undue delay, no later than 30 days from the day the claim was made, unless the seller and the buyer agree on a longer period. The expiry of this period without result is considered a substantial breach of contract, and the buyer has the right to withdraw from the purchase contract. The moment the claim is made is considered to be the moment the buyer's expression of will (exercise of the right arising from defective performance) reaches the seller.

  1. The seller will inform the buyer in writing of the outcome of the claim.

  1. The buyer is not entitled to the right arising from defective performance if the buyer knew before taking over the item that it was defective, or if the buyer caused the defect themselves.

  1. In the case of a justified claim, the buyer has the right to reimbursement of the costs reasonably incurred in connection with making the claim. The buyer may exercise this right against the seller within one month after the expiry of the warranty period.

  1. The choice of the method of claim settlement rests with the buyer.

11. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by

  • §§ 1914 to 1925, §§ 2099 to 2117 and §§ 2161 to 2174 of the Czech Civil Code (Act No. 89/2012 Coll.) and by Act No. 634/1992 Coll., on Consumer Protection.

These terms take effect on 25 May 2018.

Withdrawal from the Contract within 14 Days

As a consumer, you have the right to withdraw from a purchase contract concluded at a distance without giving any reason within 14 days of receiving the goods (§ 1829 of the Czech Civil Code, Act No. 89/2012 Coll.).

To withdraw, write to us at arhuacos.cafe@gmail.com (an informal message is enough — your name, order number and a statement that you are withdrawing from the contract) and send the goods back to our contact address. We will refund your money, including the cost of the cheapest shipping option we offer, within 14 days of your withdrawal, but no earlier than after we receive the returned goods.

Please note: the right of withdrawal does not apply to coffee whose packaging has been opened after delivery — it is goods liable to deteriorate rapidly, or goods in sealed packaging which, for hygiene reasons, cannot be returned once opened (§ 1837(e) and (g) of the Czech Civil Code). Unopened packs can be returned without restriction.