Complaint Policy

1. General provisions

1.1 This Complaint Policy is an inseparable part of the General Business Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of Gessen Group s.r.o., with its registered office at Vodičkova 710/31, Prague 1 – Nové Město, Postal code 110 00, Identification no.: 24283673, entered in the Commercial Register administered by the Municipal Court in Prague, Section C, File 192951 (hereinafter referred to as the “seller”).

1.2 The Complaint Policy governs/supplements the mutual rights and obligations of the seller and of the natural person who concludes a purchase contract with the seller outside of his/her business activities or in connection with his/her business activities (hereinafter referred to as the “buyer”) via the web interface placed on the website available at the internet address www.captaincandy.cz (hereinafter referred to as the “internet shop”).

1.3 The terms defined in the Terms and Conditions have the same meaning in this Complaint Policy.

1.4 The buyer is authorised to exercise his/her right in connection with a defect (i.e. file a complaint/return the goods) which arises in the case of goods in the period of twenty-four months from the acceptance of such goods or, as the case may be, in the period of minimum shelf-life of the goods in undamaged packaging or in the period of usability of the goods following the opening thereof, whereas the shortest of the above-mentioned periods shall apply (hereinafter referred to as the “warranty period”).

1.5 The minimum shelf-life of goods in unopened basic transparent packaging is stated on the packaging.

1.6 The period of usability of goods following opening of the basic transparent packaging is as follows according to the types of goods:

a. gelatine sweet or sour confections 14 days
b. liquorice or fruit sticks 15 days
c. products of marshmallow meringue 5 days
d. chocolate bonbons 90 days
e. chewing gum 6 months

1.7 The minimum shelf-life of goods that have not been removed from the basic transparent packaging and the period of usability of goods after the opening of such packaging is guaranteed by the seller only when the storage conditions have been complied with. The appropriate storage conditions are temperature ranging from 18°C to 21°C with humidity of at least 55%.

1.8 In the case of a defect of above-standard packaging of goods that the buyer has purchased (i.e. a gift pack of goods, for example), the buyer is authorised to file a complaint about such defect only in the case that the buyer did not further damage such packaging through his/her activity (i.e. he/she did not further unpack the goods). In this case, the seller recommends photographing the goods including the packaging and file a complaint on such defective packaging together with the goods inside or agree with the seller in advance on, for example, the sending of a new above-standard package following acknowledgement of the complaint on the part of the seller.

1.9 The seller shall carefully inspect the flawlessness of goods prior to dispatching them. If goods were evidently damaged during transport to the buyer by the shipping company (the outer shipping box was damaged to such an extent that it is obvious that the goods within must also be damaged), the buyer is authorised to refuse delivery of the goods. Damage to the goods may have occurred during transport.

1.10 In the case of a legitimate complaint, the buyer has the right to compensation for the expended costs arising in connection with the filing of his/her complaint. The buyer can exercise this right in relation to the seller within the period of one month following the expiry of the warranty period of the goods.

2. Online complaint procedure (recommended by the seller)

2.1 The buyer can file a complaint in the internet shop via the designated form set forth here.

2.2 The complaint is filed here in such a manner that the buyer enters the following data in the form:

a. name
b. surname
c. e-mail address
d. order number
e. reason for the complaint, i.e. detailed description of the defect(s), and
f. required method of resolving the complaint, i.e.:

fa. exchange of the defective goods for new goods
fb. withdrawal from the contract, or
fc. in the case that the buyer has established a customer account in the internet shop, assignment of credits corresponding to the purchase price to such account. The buyer can use the credits for a later purchase of goods.

2.3 The buyer shall send the completed form to the seller via the internet shop. The seller shall send to the buyer’s e-mail address confirmation of when the buyer exercised his/her right in connection with the defect (i.e. filed a complaint about the goods), what constitutes the content of the complaint and the means of resolution of the complaint required by the buyer.

2.4 If the seller finds it necessary, it is authorised to additionally demand from the buyer return of at least part of the goods that are the subject of the complaint or, in the case of a bundle (multipack), at least 25% of the original contents.

2.5 The seller or, as the case may be, an employee authorised by the seller shall immediately make a decision about the complaint. The appropriate period necessary for expert assessment of the defect according the type of goods shall not be included in this period. The complaint, including removal of the defect, must be resolved without delay, no later than within 30 days of the date of filing the complaint, if the seller and buyer do not agree to a longer period. Ineffectual expiry of this period shall be considered a substantial breach of the purchase contract and the buyer shall have the right to withdraw from the purchase contract.

2.6 The seller shall inform the buyer at his/her e-mail address about the result of the complaint, i.e. the seller shall send to the buyer confirmation of the date and means of resolving the complaint, including confirmation on the execution of a repair and the period of duration thereof or, as the case may be, written rationalisation for rejection of the complaint.

3. Filing of a complaint at the seller’s registered office or at the sales location

3.1 The buyer can file a complaint also at the seller’s registered office or at the sales location at the address Uhelný trh 526/6, 110 00 Prague 1 – Staré Město, where the buyer shall submit or send (i) the document on purchase of the goods in the internet shop and (ii) at least part of the goods that are the subject of the complaint or, in the case of a bundle (multipack), at least 25% of the original contents. The moment of filing the complaint shall be considered the moment when the seller receives the buyer’s complaint.

3.2 Concurrently with filing of the complaint, the buyer shall inform the seller of the means of resolution of the complaint that the buyer requires, i.e. whether the buyer requires:

a. exchange of the defective goods for new goods
b. removal of the defect (e.g. in the case of defective packaging of the goods)
c. proportionate discount off the purchase price, or
d. withdrawal from the contract

3.3 The seller shall issue to the buyer written confirmation of when the buyer exercised his/her right in connection with the defect (i.e. filed a complaint about the goods), the content of the complaint and the means of resolving the complaint required by the buyer.

3.4 The seller or, as the case may be, an employee authorised by the seller shall immediately make a decision about the complaint. The appropriate period necessary for expert assessment of the defect according to the type of goods shall not be included in this period. The complaint, including removal of the defect, must be resolved without delay, no later than within 30 days of the date of filing the complaint, if the seller and buyer do not agree to a longer period. Ineffectual expiry of this period shall be considered a substantial breach of the purchase contract and the buyer shall have the right to withdraw from the purchase contract.

3.5 The seller shall inform the buyer of the result of the complaint in writing, i.e. the seller shall issue to the buyer confirmation of the date and means of resolving the complaint, including confirmation on the execution of a repair and the period of duration thereof or, as the case may be, written rationalisation for rejection of the complaint.