Complaints procedure

Janusherbs s.r.o. Trading Company

with its registered office at Na Pavelce 79, Zlín, 763 14, Company ID (IČO): 21149992, registered in the Commercial Register at the Regional Court in Brno, Section C, Insert 137654/KSBR,
for the sale of goods via the online store located at: www.canushka-eshop.cz.

 

Key Points of the Complaints Procedure:

• If you discover a defect in the goods within 24 months from the date of receipt, please refer to Section 8.
• Upon receipt of the goods, check whether the shipment is intact. If not, please prepare a damage report with the carrier. This is the simplest way to handle a complaint for damaged shipments; the shipment will be immediately returned to us by the carrier, and a new shipment will be sent to you.
• We process complaints as soon as possible, no later than within 30 days.

 

Where can you report defects?

Janusherbs s.r.o., Na Pavelce 79, Zlín, 763 14
You can also contact us by email at info@canushka.cz or by phone at +420 603 141 669. We will arrange the method of returning the goods.

 

1. INTRODUCTORY SECTION

1.1 Who is the seller?
This complaints procedure applies to goods supplied by Janusherbs s.r.o., with its registered office at Na Pavelce 79, Zlín, 763 14, Company ID (IČO): 21149992, registered in the Commercial Register, Section C, Insert 137654/KSBR, at the Regional Court in Brno (hereinafter referred to as "Janusherbs s.r.o." or "we").

1.2 The complaints procedure is part of the Terms and Conditions.
This complaints procedure constitutes an integral part of the General Terms and Conditions of Janusherbs s.r.o. for the online store available at www.canushka-eshop.cz.

1.3 The complaints procedure applies only to consumer customers.
The complaints procedure is intended solely for consumer customers. A consumer customer means any natural person who concludes a contract with us or otherwise deals with us outside the scope of their business activity or independent profession (hereinafter also referred to as “consumer”).

1.4 Defective performance.
The complaints procedure of Janusherbs s.r.o. regulates the rights and obligations related to asserting rights from defective performance in the sale of goods between us as the seller and the customer as the buyer (hereinafter “customer” or “you”), including rights from any contractual warranty.

1.5 What does the complaints procedure contain?
The complaints procedure further informs consumers about the conditions, methods, and options for asserting complaints about defective or otherwise damaged goods. The rights and obligations of the parties comply with Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”) and Act No. 634/1992 Coll. on Consumer Protection, as amended. In cases concerning rights arising from a contractual warranty, the relationship is governed by the specific warranty conditions.

2. IN WHICH CASES ARE WE RESPONSIBLE FOR A DEFECT IN THE GOODS AND IN WHICH CASES ARE WE NOT RESPONSIBLE FOR A DEFECT

2.1 What characteristics should our goods have at the moment of receipt?
We guarantee the customer that the goods are free of defects upon receipt. Specifically, we warrant that at the time the item was taken over:

2.1.1 the goods correspond to the properties and functionality agreed upon by the parties, or if no agreement was made, to such properties as described by us or the manufacturer, or which the customer expected given the nature of the goods and the advertising performed,

2.1.2 the goods are suitable for the purpose for which we state they are intended or for which goods of this kind are usually used,

2.1.3 the goods correspond in quality or workmanship to what was agreed by the parties, or to the agreed sample or model if the quality or workmanship was determined by such sample or model,

2.1.4 the goods are in the agreed quantity, measure, or weight,

2.1.5 the goods comply with the requirements of legal regulations.

2.2 Presumption of defectiveness.
If a defect appears within 12 months from the receipt of the goods, it is presumed that the item was defective at the time of receipt, unless proven otherwise.

2.3 For which defects are we not liable?
We are not liable to the customer for defects in the following cases:

2.3.1 the defect existed at the time of receipt and a discount on the purchase price was agreed for such defect,

2.3.2 the defect arose due to wear and tear caused by normal use, or it results from the nature of the goods,

2.3.3 the defect was caused by the customer due to improper use, storage, incorrect maintenance, interference by the customer, or mechanical damage, all occurring under conditions that do not comply with specified temperature, dust, humidity, or other environmental influences as directly determined by us or the manufacturer, or as stipulated by legal regulations,

2.3.4 the goods were modified by the customer and the defect resulted from this modification,

2.3.5 the use of the goods under conditions that do not meet the temperature, dust, humidity, chemical or mechanical environmental requirements directly specified by the seller or manufacturer, or prescribed by legal regulations,

2.3.6 the defect resulted from an external event beyond our control (e.g., natural disaster).

3. RIGHTS AND OBLIGATIONS OF THE CUSTOMER RELATED TO RECEIPT OF THE GOODS

3.1 Check the contents of our package.
The customer is obliged to inspect the goods upon receipt and verify their properties (in particular, whether the customer received the correct type of goods, whether the goods have the agreed quality, and whether the packaging contains everything it should according to the instructions).

3.2 When you cannot claim a defect.
You are not entitled to rights from defective performance if the defect:

3.2.1 was apparent with the exercise of usual care at the time of concluding the purchase contract, or

3.2.2 if the goods were delivered after the conclusion of the purchase contract, then at the moment of receipt, or

3.2.3 if you knew about the defect before receiving the goods, or

3.2.4 if you caused the defect yourself.

4. IF THE GOODS WERE DAMAGED DURING TRANSPORT

4.1 Inspect the packaging before accepting the goods.
When receiving the shipment from the carrier, check the integrity of the packaging. By accepting the shipment, you confirm that you have received it without visible defects. If the packaging is damaged, immediately inform the carrier and prepare a damage report. The carrier will keep the shipment. This is the simplest way to handle a claim for a damaged shipment—the shipment will be returned to us by the carrier and a new shipment will be sent to you promptly.

4.2 You discover damage to the goods only after unpacking. What to do?
If you notice damage to the contents only after receiving and unpacking the shipment, notify us immediately, no later than five (5) days from receipt, via the claims form. Include your order number, preferably the shipment tracking number (found on the shipment label), the email used to place the order, and a list of the damaged items. Please note that if you report the claim on the sixth (6th) day or later after receipt, the carrier is unlikely to recognize the claim. Late claims may cause damage to us (the damaged shipment may not be reimbursed by the carrier), and we reserve the right to recover such damages from you. Please keep the shipment and take photographic evidence showing the damaged goods, packaging, and filling material clearly.

4.3 What happens after you notify us?
After submitting the claims form for damaged goods, you will receive confirmation by email. You can contact us anytime by phone at +420 603 141 669 or by email at info@canushka.cz to verify that your claim is being processed.

5. IF YOU RECEIVED INCORRECTLY SENT GOODS

5.1 How to proceed and what information we need?
If you received incorrect goods, wrong quantity, or a different color variation, contact us via the claims form sent to info@canushka.cz. Provide your order number and describe the error. We strive to avoid such mistakes and carefully check the goods before shipment.

5.2 What happens next?
After submitting the claims form, you will receive confirmation by email. We will review your case as soon as possible and contact you to agree on further steps.

6. IDENTIFYING DEFECTS IN THE GOODS WITHIN 24 MONTHS OF RECEIPT

6.1 When to claim a defective product.
You must report a defect to us immediately and without undue delay after it appears.

6.2 What happens after 24 months?
You may assert your rights regarding defects in consumer goods within 24 months from the date of receipt. After this period expires without successful claim, you lose the right to assert defects with us. This period is extended by the time during which you could not use the goods due to a justified claim process.

6.3 Exceptions for the 24-month period.
You may report defects within 24 months except for goods where the packaging, label, instructions, or advertising (in accordance with applicable laws) states the usable period (e.g., minimum durability / "use by" date). For such goods, warranty provisions apply.

6.4 Period to assert defect rights vs. product lifespan.
The period for asserting defect rights must not be confused with the product’s lifespan, i.e., the expected time the product will last with proper use considering its character, properties, intended use, and usage intensity.

6.5 How to report defects.
To assert your rights, fill in and submit the claims form specifying at least:

• 6.5.1 Type of goods;

• 6.5.2 Order or serial number;

• 6.5.3 Whether the claim is within the statutory period for asserting defects;

• 6.5.4 Description of the defect and how it manifests;

• 6.5.5 Preferred resolution method (repair, replacement, refund), noting that you cannot change this choice without our prior consent;

• 6.5.6 Your identification and contact details (phone, email) necessary for claim processing.

6.6 Confirmation of claim receipt.
After submitting the claim form, you will receive an email confirmation from us. The claim’s submission date is considered the moment we receive your claim.

6.7 Where to claim the goods.
You can also assert your claim in person at the dispatch location of Janusherbs s.r.o., Na Pavelce 79, 763 14 Zlín during business days (please schedule an appointment). A claims form will be completed on site with your description of the defect, requested resolution, and your contact details.

6.8 Attachments required.
You must attach a copy of the proof of payment (invoice) and the completed online claims form (including defect description, resolution request, and contact information).

6.9 Returning the goods for claim processing.
The claim is considered properly submitted if the returned goods are complete and comply with general hygiene principles. You must return the goods cleaned and free of any dirt, hygienically safe. We reserve the right to refuse acceptance of goods that do not meet these hygiene requirements.

6.10 Who bears the cost of returning the goods?
If you request defect removal (repair or replacement), we cover the cost of shipping the claimed goods back to us. After prior agreement, we will arrange transportation by providing a return label or by using our contracted carrier. Please note that goods returned cash on delivery or by any other method at our expense will not be accepted and will be returned to you at your cost.

6.11 Confirmation of claim receipt and assessment.
After receiving the returned goods, you will be sent confirmation of receipt and claim details by email. The defect assessment will be performed promptly, and you will be informed of the claim’s outcome within three (3) working days (not counting the time needed for expert evaluation).

6.12 Closing the claim process.
If the goods are found defective, the claim process will be completed within thirty (30) days from the assertion of defect rights. In justified cases, a longer deadline may be agreed upon with you. We are entitled to request additional documentation from you as soon as possible.

6.13 If the goods are not found defective.
If the goods are not found defective, you will be informed and an individual solution will be discussed.

7. METHOD OF HANDLING COMPLAINTS

7.1 What will affect my options?
You will have the right to request the removal of the defect. You may choose from the following:
7.1.1 repair of the item;
7.1.2 delivery of a new item; or
7.1.3 delivery of the missing part.

Your request should not be unreasonable. If the repair represents significant difficulties for us or is disproportionate considering the value of the item and the significance of the defect, we will inform you accordingly. Similarly, if we consider your request for delivery of a new item to be unreasonable in relation to the defect or value of the goods, we will inform you.

7.2 In case of material breach of the purchase contract:
If the defect constitutes a material breach of the purchase contract, you will have the right to withdraw from the contract or request a reasonable discount on the purchase price.

7.3 When is it possible to request a refund of the purchase price?
In certain situations, it will be possible to withdraw from the contract and request a refund. This will not be possible if the defect is not significant. Situations allowing you to withdraw and request a refund include:
7.3.1 we refuse to remove the defect or do not repair it within a reasonable time;
7.3.2 from our statement or other circumstances it is apparent that the defect will not be removed within a reasonable time or without considerable inconvenience to the buyer;
7.3.3 the defect recurs repeatedly; or
7.3.4 the defect constitutes a material breach of the purchase contract.

7.4 When is it possible to request a reasonable discount?
Similarly, you may request a reasonable discount in situations including:
7.4.1 refusal to remove the defect or failure to repair within a reasonable time;
7.4.2 obvious inability to remove the defect in a reasonable time or without significant inconvenience;
7.4.3 repeated occurrence of the defect; or
7.4.4 material breach of the purchase contract.

7.5 You must inform us of your chosen way of handling the complaint. If you do not, we will ask you.
You are obliged to inform us of the chosen remedy upon notification of the defect or without undue delay thereafter. You cannot change your chosen remedy without our consent; this does not apply if you request a repair and it turns out to be impossible.

7.6 Return of original goods.
When resolving a complaint by delivery of new goods, you are obliged to return the originally delivered goods to us (unless otherwise agreed).

8. CONCLUSION OF THE COMPLAINT PROCESS

8.1 If you submitted a complaint in person at our pick-up point:
After processing your complaint, you will be notified of its conclusion by phone, SMS, or email and invited to collect the repaired/replaced goods without undue delay, no later than 30 days after notification. If you wish, we will send the goods to your home at our expense. Alternatively, we will justify the rejection of the complaint.

8.2 If you sent goods to us by carrier for complaint:
After resolving the complaint, the goods will be automatically sent to the address you provided. If the complaint is rejected, we will provide justification.

8.3 Refund of purchase price:
If the complaint is upheld and you request a refund as a remedy, we will transfer the paid purchase price back to your bank account without undue delay.

8.4 Obligation upon receipt of the claimed goods:
You must collect the claimed goods no later than 30 days after being notified of the complaint resolution. After this period, we are entitled to charge a storage fee of CZK 10 per day according to relevant legal provisions.

8.5 Failure to collect goods:
If you do not collect the goods within 6 months of notification, we reserve the right to sell the goods and use the proceeds to cover storage fees.

8.6 Sale of uncollected goods:
Upon collection, you are obliged to check the completeness of the goods. Subsequent complaints regarding missing items will not be considered.

9. FINAL PROVISIONS

9.1 Rights under the law:
Customer rights arising from the law are not affected by this complaint procedure.

9.2 Validity:
This complaint procedure (intended only for consumers) is valid from June 4, 2025.