COMPLAINTS PROCEDURE

ELYXEER | Statutory Rights in Case of Defective Goods

This Complaints Procedure informs customers about the scope, conditions and method of exercising rights arising from defective performance of a purchase contract. It does not limit any rights granted to consumers under applicable laws.

1. Where a Complaint Can Be Submitted

1.1. A complaint may be submitted by e-mail to info@elyxeer.com or in writing to:

AMPM Labs s.r.o.
Dlouhá 730/35
Staré Město
110 00 Prague 1
Czech Republic

1.2. The Seller may provide the Buyer with the address of a logistics or complaints processing facility to which the goods should be sent. A complaint may be submitted by delivering the notice of the defect to the Seller; sending the goods is only required where necessary for assessing the claimed defect.

1.3. The Buyer may submit a complaint in Czech, Slovak, or in the language in which the Seller concluded the contract with the Buyer or operates the relevant language version of the online store.

2. Information to Include in a Complaint

2.1. To ensure efficient processing, the Buyer is advised to provide their name and contact details, order number, product identification, description of the defect, the date on which the defect occurred, and the preferred method of resolution.

2.2. It is recommended to attach photographs of the defect or packaging and proof of purchase if the Seller cannot identify the purchase through other means. Failure to provide a receipt does not, by itself, prevent a complaint from being submitted if the purchase can be proven otherwise.

2.3. If physical inspection of the product is necessary to assess the defect, the Buyer shall provide the Seller with the necessary cooperation. The product should be packaged appropriately to prevent further damage during transport.

3. Seller’s Liability for Defects

3.1. The Seller is responsible to the consumer for ensuring that the goods are free from defects upon receipt and correspond to the agreed description, type, quantity, quality, functionality and other agreed characteristics.

3.2. Where a particular characteristic has not been expressly agreed, the goods must correspond to their usual purpose and possess qualities that a consumer may reasonably expect considering the nature of the goods and any public statements made by the Seller or another person in the same contractual chain.

3.3. The consumer may claim a defect that becomes apparent within two years from receipt of the goods. For food supplements, the nature of the product, minimum durability date or expiry date, and proper storage conditions shall also be taken into account.

3.4. If a defect becomes apparent within one year from receipt of the goods, it shall be presumed that the goods were defective at the time of receipt, unless the nature of the goods or the defect excludes such presumption.

4. Cases Where the Seller Is Not Liable for Defects

4.1. Rights arising from defective performance do not apply where the defect was caused by the Buyer, in particular through improper use, exceeding the recommended dosage, failure to follow instructions, improper storage, mechanical damage, or use after the expiry date.

4.2. A defect does not include normal changes corresponding to the nature of the product that do not affect its safety or agreed characteristics, nor characteristics of which the Buyer was informed before purchase and expressly accepted.

5. Methods of Complaint Resolution

5.1. If the goods are defective, the consumer may request that the defect be remedied. Depending on the nature of the defect, the consumer may request delivery of new defect-free goods or repair, unless the chosen method is impossible or disproportionately costly compared with the alternative.

5.2. Due to the nature of food supplements, the usual method of remedying a defect will generally be the replacement of the defective product with a new defect-free product, where possible and reasonable.

5.3. The consumer may request a reasonable price reduction or withdraw from the contract, in particular where the Seller refuses to remedy the defect or fails to do so properly, the defect occurs repeatedly, the defect constitutes a material breach of contract, or it is clear that the defect will not be remedied within a reasonable period or without significant inconvenience to the consumer.

5.4. The consumer may not withdraw from the contract if the defect is insignificant.

6. Confirmation and Time Limit

6.1. The Seller shall provide the consumer with confirmation of the complaint submission, including the date of submission, the content of the complaint, the requested method of resolution, and contact details for receiving information about the outcome.

6.2. The Seller shall resolve the consumer’s complaint and inform the consumer of the outcome without undue delay, and no later than 30 days from the date of submission of the complaint, unless a longer period is agreed between the parties.

6.3. After resolving the complaint, the Seller shall issue confirmation stating the date and method of resolution, or provide written reasons for rejecting the complaint.

7. Costs Related to Complaints

7.1. If a complaint is justified, the consumer is entitled to reimbursement of reasonable costs effectively incurred in connection with exercising their rights.

7.2. Before sending goods from abroad, the consumer is advised to contact the Seller so that the Seller may provide a suitable return address and reasonable shipping instructions. This recommendation does not restrict the consumer’s right to submit a complaint.

8. Business Customers

8.1. Where the Buyer is acting as a business customer, their rights arising from defective performance are governed by the applicable provisions of the Civil Code. Provisions of this Complaints Procedure expressly intended for consumers shall not apply to business customers.

9. Effective Date

9.1. This Complaints Procedure becomes effective on August 1, 2026.