This Complaint Procedure (hereinafter only referred to as the ‘Complaint Procedure’) regulates the method and conditions for lodging complaints about defects of goods purchased by a consumer via the on-line Realteus shop from the entrepreneur:
Tomáš Jandečka, with his registered office at Rohanske nabrezi 678/23, 186 00, Praha 8 – Karlin, Czech Republic
Company ID No.: 02642301
VAT ID No.: CZ9307080750
Registered in the trade license register maintained by the Municipal authority of Praha 8
Address for service: Realteus - Tomáš Jandečka, River Garden (5th floor), Rohanske nabrezi 678/23, 186 00, Praha 8 – Karlin, Czech Republic
Telephone number: +420 228 883 732
Contact e-mail: firstname.lastname@example.org
1. For what defects of goods are we liable?
- have the properties which were agreed between us, which are described by us, or which you can expect with regard to the nature of the goods and based on advertising;
- are of the adequate quantity, size or weight;
- comply with legal requirements;
- are suited for the purpose stated by us, or for which the purchased goods are usually used;
- correspond to the quality which was agreed between us, or the quality which is stipulated for the particular type of goods by the valid and effective legislation as the case may be; and
- have no legal defects, i. e. no third person has proprietary rights concerning the goods and the goods are accompanied by documents necessary for the proper use of the goods.
We further guarantee that such defects shall not emerge in the guarantee period. We do not provide any quality guarantee beyond the legal guarantee period for consumers.
2. What is the guarantee period?
2.1. In the case of unused consumer goods, the guarantee period is twenty-four months from the takeover of the goods, unless a longer guarantee period is stipulated on the web interface, in the documents accompanying the goods or in advertising.
2.2. If the goods are replaced or repaired for you, there shall be no new guarantee period concerning the new goods, or the replaced parts and spare parts. Nevertheless, in such a case the guarantee period shall be extended by the time period during which you could not use the goods due to the defect, i. e. in particular the time period when the goods were under repair.
3. What rights arising from defective performance do you have?
3.1. Your rights arising from defective performance are governed by the Civil Code, in particular Sections 2099 to 2117, and also Section 2165 to 2174.
3.2. Pursuant to the aforesaid provisions you particularly have the following rights:
a) Supplementing what is missing
If we deliver goods/software to you in a smaller quantity than the agreed quantity, or if we deliver incomplete goods/software, you have the right to the supplementation of the missing part.
b) Purchase price reduction
If at the time of takeover of the goods/software, the goods/software has a defect, or a defect emerges during the guarantee period, you may always request a reasonable purchase price reduction.
c) Replacement of goods or defective parts of goods
You may always request the replacement of the goods or a defective part of the goods, unless it is disproportionate to the nature of the defect (i. e. in particular where the defect cannot be removed immediately) and unless it is only an unsubstantial breach of the contract.
You shall not have the right to the replacement of the goods if only a part of the goods is defective. If, within the complaint procedure, we come to the conclusion that only a part of the goods is defective, we shall replace that part.
You may not request a replacement in the case of the goods being sold at a lower price. Instead of a replacement, you may request a purchase price reduction.
d) Repair of goods/software
If it is possible to repair the goods/software,you have the right to the removal of the defect free of charge. If, within the complaint procedure, the repair of the goods/software proves to be impossible, we shall inform you forthwith and you may choose another way for the settlement of the complaint mentioned herein.
e) Refund (withdrawal from the contract)
You may only request a refund on the condition that:
- the delivery of defective or incomplete goods by us establishes a substantial breach of the contract; or
- a provision of defective or incomplete software by us establishes a substantial breach of the contract; or
- we are not able to remove the defect for which you cannot use the goods/software properly, or we are not able to replace the goods with that defect (e. g. the goods are no longer produced); or
- the goods/software cannot be used properly by you due to the repeated occurrence of the defect after repairs (the occurrence of the same defect after at least two previous repairs); or
- a larger number of defects occurs on the goods (the simultaneous occurrence of at least three removable defects from which each prevents the proper use of the goods/software); or
- we do not comply with the time period for the settlement of the complaint/we do not remedy the situation within 30 days of the day when the complaint was lodged.
3.3. A condition for the replacement of the goods or a refund (withdrawal from the contract)is that you return the item in the same condition in which you received it. An exemption is represented by cases when:
a) a change in the condition occurs as a result of an inspection to discover a defect of the item;
b) you used the item before the discovery of a defect;
c) you did not cause the impossibility to return the item in the unchanged condition by your act or neglect; or
d) you sold the item before the discovery of the defect, consumed it or altered the item during its normal use; if it occurred only partially, you shall return to us everything you still can and shall compensate us in the amount of the benefit you enjoyed as a result of the use of the item.
4. When rights arising from defective performance cannot be asserted?
- you knew about the defect prior to the takeover of the item;
- you caused the defect; or
- the guarantee period has expired.
- the wear and tear of goods caused by their normal use (also a decrease in the capacity of batteries and accumulators shall be deemed to be the wear and tear of goods caused by its use);
- the item being sold at a lower price – only in relation to the defect for which the lower price was agreed; or
- the items, if it follows from the nature of the items (in particular the goods which cannot, due to their nature, endure the whole guarantee period).
5. How to proceed in the case of a complaint?
5.3. The recommended procedure in the case of a complaint:
- for prompter settlement of the complaint, you may inform us about it in advance via phone, e-mail or in writing;
- at the same time, it is best to inform us about the right arising from defective performance you choose, i.e. whether you are, in accordance with this Complaint Procedure, interested in the supplementation of what is missing, a purchase price discount, the replacement of goods or their defective part, the repair of the item/software, a refund, or other rights in accordance with this Complaint Procedure and the Civil Code;
- deliver the goods that are the subject of the complaint at the time of the lodging of the complaint with us or afterwards (in another way than cash on delivery which we do not receive) to the address of our registered office, we recommend packing the goods in a suitable package when sending the goods in order to prevent their damage or destruction;
- to facilitate the procedure, it is best to attach a document on the purchase of the goods or a tax document for the goods – an invoice if it was issued, or another document proving the purchase of the goods, together with a description of the defect and a suggestion for the method for resolving the complaint.
Non-compliance with any of the aforementioned steps or the non-submission of any of the aforementioned documents shall not prevent a favourable settlement of the complaint under legal conditions.
5.4. The moment when a complaint is lodged is the moment when the occurrence of a defect is notified to us and the right arising from the liability for defects of the sold item or provided software is exercised.
5.5. We shall decide about a delivered complaint forthwith, in complicated cases within three business days. This period shall not include a reasonable time period depending on the type of the product or service necessary for an expert assessment of the defect. The complaint shall be settled without undue delay, including the potential removal of the defect, though not later than within 30 days of the day when it was lodged, unless we agree on a longer time period.
5.6. If you choose a right which cannot be granted to you for objective reasons (in particular in the case of irremovable defects or in the case of the replacement of the goods which is impossible), we shall contact you without delay. In such a case you may choose another right pursuant to this Complaint Procedure.
5.7. In the case of lodging a complaint, we shall issue to you a written confirmation of when you asserted the right, what the content of the complaint is and what method of settlement of the complaint is requested by you. Further (upon the settlement of the complaint), we shall issue a confirmation of the date and method of settlement of the complaint, including a confirmation of the execution of repairs and their duration, or a written justification of its rejection.
5.8. In accordance with the Civil Code, you are entitled to the reimbursement of costs reasonably incurred when lodging a complaint about goods. Take into account that the right to reimbursement of such costs must be asserted by you within one month after the expiration of the time period within which the complaint of a defect must be lodged.
This Complaint Procedure shall be valid and effective as of 11th October, 2018.