Information on out-of-court settlement

Dear customers,

we would like to inform you that any disputes that may arise between you and our company, or we always try to properly discuss and resolve all your requirements, etc., to mutual satisfaction.

However, if your claims cannot be satisfied and a dispute arises between you and our company, you have the right to a so-called out-of-court settlement of a consumer dispute from the purchase contract for the sale of our goods, or from the contract for the provision of our services (hereinafter “consumer dispute“).

In the event that a consumer dispute arises between us and the consumer arising from a purchase contract or a contract for the provision of services, which cannot be resolved by mutual agreement, the consumer can submit a proposal for an out-of-court settlement of such a dispute to a designated entity for the out-of-court resolution of consumer disputes, which is

Czech Trade Inspection (“ČOI“)
Central Inspectorate - ADR Department
Gorazdova 1969/24
120 00 Prague 2

Email: adr@coi.cz Web: adr.coi.cz

The consumer can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu /consumers/odr/.

The procedure for the out-of-court resolution of a consumer dispute is such that it is initiated at the request of the consumer at the ČOI (or other authorized person), which must contain:

• identification data of the parties to the dispute (yours and ours),
• a complete and comprehensible description of the decisive facts (what is disputed),
• indication of what the proposer (You) is seeking (e.g. refund of the purchase price, exchange of goods, etc.),
• the date when the claimant asserted his right, which is the subject of the dispute, with the seller for the first time (e.g. the first complaint),
• declaration that the court has not made a decision on the matter, an arbitration award has not been issued, and the parties have not concluded an agreement within the framework of the out-of-court settlement of a consumer dispute, nor have proceedings before a court, arbitration or out-of-court settlement of a consumer dispute been initiated pursuant to this Act,
• date and signature of the proposer (Yours).

The proposal shall be accompanied by proof of the fact that the proposer failed to resolve the dispute directly (for example, our correspondence, etc.), and other documents supporting the alleged facts, if available. A power of attorney shall be attached to the motion if the petitioner is represented on the basis of a power of attorney.

The proposal to initiate proceedings is usually submitted on a form issued by the ADR department, accessible at ČOI inspectorates and ČOI websites. If the consumer submits a proposal to initiate proceedings in another form, the ADR department may ask him to fill out this form.

The proposal can be submitted in writing or orally to the protocol or electronically via the online form provided on the website of the Czech Trade Inspection, signed with a recognized electronic signature or sent via the data box of the person submitting the proposal. Provided that the proposal is confirmed within 10 days, or supplemented by one of the methods mentioned in the first sentence, it can be submitted using other technical means, in particular via fax or a public data network without the use of a recognized electronic signature.

If the proposer submits a proposal via the online ADR form on the ČOI website, in addition to signing with a recognized electronic signature or sending it via a data box, he has the option to confirm such a proposal with a short written statement generated in the online form, which, signed, will be sent to the ADR department.

The proposer (You) can file a proposal with the ČOI or another authorized entity no later than one year from the day on which he exercised his right, which is the subject of the dispute, with the seller for the first time (e.g. withdrawal from the contract/complaint).

Out-of-court settlement of a consumer dispute must be completed within 90 days of its initiation. In especially complex disputes, the specified period can be extended, by a maximum of another 90 days.

The out-of-court settlement of a consumer dispute ends:

• by concluding an agreement between the parties to the dispute (voluntary),
• by the consumer's unilateral declaration of termination of participation in dispute resolution notified to ČOI or an authorized entity,
• by death, by being declared dead, declared missing or by the disappearance of one of the parties to the dispute without a legal successor,
• by the futile expiration of the deadline for resolving the dispute,
• by rejecting the proposal (for its defects).

Out-of-court settlement of consumer disputes is free of charge. The costs associated with the out-of-court settlement of consumer disputes are borne by the parties themselves.
ČOI or an authorized entity establishes rules for the out-of-court settlement of consumer disputes, by which they regulate in more detail the procedure for the out-of-court settlement of consumer disputes so that it is in compliance with legal rules.

In the event that an out-of-court settlement of a consumer dispute does not lead to a resolution of the consumer dispute, you can of course always go to court. Of course, you also do not have to use the option of out-of-court settlement of a consumer dispute (however, it can of course always be recommended) and you can directly address the consumer dispute resolution to the competent court.