COMPLAINTS AND RETURNS OF GOODS PURCHASED ON THE E-SHOP
valid and effective from 20 January 2021
I. DEFINITION OF BASIC TERMS
1.1 The seller is a trading company ROMAN concept s.r.o.
1.2 The buyer is every visitor to the online store, regardless of whether they act as a consumer or as an entrepreneur.
1.3 A consumer is a natural person who, when concluding and fulfilling the contract, does not act as part of his business or other business activity.
1.4 An entrepreneur is a buyer who is not a consumer. Any person who concludes contracts related to his own business, production or similar activity or in the independent performance of his profession, or a person who acts on behalf of or on behalf of an entrepreneur is also considered an entrepreneur.
1.5 Goods are goods presented in the e-shop www.romein.cz.
II. WITHDRAWAL FROM THE PURCHASE AGREEMENT
2.1 The consumer has the right according to § 1829 et seq. of the Civil Code to withdraw from the contract without giving a reason within fourteen (14) days of taking over the goods for which the purchase contract was concluded using means of remote communication (online store, email, telephone).
2.2 In the event that the consumer wishes to withdraw from the contract in accordance with the previous paragraph within fourteen (14) days of taking over the goods, he sends the seller a withdrawal from the contract indicating the name, surname, order number, account number for the refund, numerical code of the returned goods at e-mail address of the seller email@example.com or in writing to the address of the seller's registered office: ROMEIN concept s.r.o., Hybernská 1012/30, 110 00 Prague 1.
2.3 If the consumer withdraws from the contract without giving a reason, he is obliged to return the goods to the seller without undue delay at his own expense, but no later than fourteen (14) days after withdrawing from the contract, to the seller's address: ROMEIN concept s.r.o., Hybernská 1012/30, 110 00 Prague 1.
2.4 In the case of exercising the right to withdraw from the contract without giving a reason, the consumer must hand over to the seller (or supplier) everything obtained under the purchase contract within fourteen (14) days from the conclusion of the contract. If this is no longer possible (e.g. the goods have been destroyed in the meantime), the consumer must provide monetary compensation as a consideration for what can no longer be issued. If the returned goods are only partially damaged, the seller can assert the right to compensation for damages against the consumer and offset his claim against the returned purchase price. In such a case, the seller is obliged to prove the resulting damage. In such a case, the seller only returns the reduced purchase price to the consumer.
2.5 The consumer acknowledges that, according to § 1837 of the Civil Code, he cannot withdraw from the purchase contract in the cases mentioned here, especially in the case of the delivery of goods that have been modified according to the wishes of the buyer or for his person, as well as goods in closed packaging that the buyer removed from the packaging and cannot be returned for hygienic reasons (e.g. blankets and pillows).
2.6 The consumer acknowledges that if the goods returned to the seller are damaged, worn or customized, the seller is entitled to compensation for the damage incurred by him. The seller is entitled to unilaterally set off the claim for payment of the incurred damage against the consumer's claim for a refund of the purchase price.
2.7 The seller shall return all funds to the consumer in the same way (as received) without undue delay, but no later than fourteen (14) days after withdrawal from the contract, including the delivery costs received from him on the basis of the purchase contract. The seller will return the money received to the consumer in another way only if the consumer has agreed to it and if it does not incur additional costs.
2.8 According to § 1832, paragraph 4 of the Civil Code, the seller is not obliged to return the received funds to the consumer before the consumer hands over the goods to him or proves that he has sent the goods to the seller.
2.9 In the event that the goods cannot be returned due to their nature by the usual postal route, the buyer has the right to a refund of costs only in the amount that corresponds to the cost of postage in the amount corresponding to the cheapest method of delivery of the goods offered by the Seller.
2.10 If the buyer withdraws from the purchase contract without authorization and still sends the goods to the seller, the goods will not be accepted, or will be sent back at the buyer's expense and, in the case of a demonstrable return of an undeliverable shipment, destroyed by the seller without the buyer's right to a refund of the purchase price, to which the buyer hereby agrees.
2.11 If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the discontinuing condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the goods to the seller and the gift provided, with which the buyer hereby agrees.
III. WITHDRAWAL FROM THE PURCHASE AGREEMENT BY THE SELLER
3.1 If the seller is unable to deliver the ordered goods under the conditions agreed in the purchase contract, he reserves the right to withdraw from the purchase contract in such cases, and the buyer hereby agrees to this procedure for such exceptional cases.
3.2 The seller has the right to withdraw from the purchase contract also if there have been significant changes in the prices of the supplier of the ordered goods, if there have been significant changes in the prices of transporting the goods, or if the seller discovers that the goods were mistakenly offered at the wrong price and the buyer did not accept the relevant a change in the purchase contract, i.e. an increase in the price of goods or an increase in transport costs, and the buyer hereby agrees to this procedure for such cases.
3.3 The buyer acknowledges that the seller is entitled to withdraw from the purchase contract concluded with the buyer, or not to conclude a contract with such a buyer at all, if the buyer has materially violated any of his obligations in any of the previous contractual relationships with the seller. Violation of the previous contractual relationship in a substantial way is considered for the purpose of withdrawal from the contract to be behavior within the meaning of § 2002 paragraph 2 of the Civil Code.
3.4 If the seller withdraws from the purchase contract, he is obliged to inform the buyer immediately at the electronic address provided by the buyer when creating the order. Furthermore, he is obliged to return to the buyer the full purchase price of the goods, if this has already been paid, or reduced in accordance with these terms and conditions.
IV. RIGHTS FROM DEFECTIVE PERFORMANCE
4.1 The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular §§ 1914 to 1925, §§ 2099 to 2117 and §§ 2161 to 2174 of the Civil Code) and the Consumer Protection Act.
4.2 The consumer is entitled to exercise the right from a defect that occurs in the consumer goods within the period specified by law, i.e. twenty-four (24) months from receipt (hereinafter referred to as the "warranty period"). The seller provides a warranty period of six (6) months for a contractual party that is a legal entity or a natural person running a business.
4.3 The right of defective performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer himself caused the defect, or it was caused by a third party different from the seller and without his fault.
4.4 If a defect becomes apparent within six (6) months of receipt, it is considered that the goods were already defective upon receipt; after the expiration of this six (6) month period, the buyer must prove his claim that the defect already existed at the time of acceptance.
4.5 The warranty period begins when the consumer receives the goods. The warranty period is extended by the period during which the goods were under warranty repair. The warranty applies to product defects, it does not apply to products after their useful life or to wear and tear due to use. Depending on the nature of the defect, the consumer has the right to:
(a) if it is a defect that can be removed, for free, proper and timely removal of the defect. If not possible, the right to exchange defective goods or defective parts. If such a procedure is not possible, the right to a reasonable discount from the purchase price or withdrawal from the purchase contract;
(b) in the case of removable defects occurring in large numbers at the same time (3 or more) or repeatedly (at least 3 times) and preventing the proper use of the goods, the right to exchange the defective goods. If the exchange is not possible, the consumer has the right to withdraw from the purchase contract;
(c) if it is an irreparable defect preventing the proper use of the goods, the right to exchange the defective goods. If the exchange is not possible, the consumer has the right to withdraw from the purchase contract;
(d) if the goods sold at a lower price (discounted) have a defect for which the seller is responsible, the consumer has the right to a reasonable discount instead of the right to exchange the goods.
4.6 When claiming a defect, the buyer is obliged to prove the conclusion of the purchase contract, in particular to submit a confirmation of purchase (invoice with the number of the order made by means of long-distance communication).
4.7 The deadline for handling the complaint, including the removal of the defect, is thirty (30) days from the date of application of the complaint. The seller is entitled to agree with the consumer on the extension of this period. In case of exceeding the maximum period for processing the complaint, the consumer is entitled to exchange the goods for new ones. If the exchange is not possible, he has the right to withdraw from the purchase contract.
4.8 The consumer has the right to make a complaint about the shipment, i.e. damage or other irregularities during transportation and delivery, immediately after taking over with the carrier and notify the seller without delay.
4.9 In the event of a complaint, the consumer has the right to reimbursement of the necessary costs incurred in connection with the complaint (transportation, postage, etc. in the necessary amount), the entrepreneur always pays for the transportation costs in full.
4.10 Claim procedure for goods ordered in the e-shop:
(a) the buyer is obliged to inform the seller about the complaint by email: firstname.lastname@example.org;
(b) subsequently send a shipment with a copy of the purchase confirmation to the address of the seller's registered office: ROMAN concept s.r.o., Hybernská 1012/30, 110 00 Prague 1. In the interests of quick processing, the seller recommends that the buyer send the goods by registered mail with a copy of the proof of purchase, specification of the defect and a proposal for the desired method of processing the claim;
(c) the seller does not accept the claimed goods sent on cash on delivery;
(d) the seller recommends that the buyer insure the shipped goods;
(e) the seller returns the funds to the consumer in the agreed manner (usually to a bank account)
(f) In the event that the buyer does not pick up the claimed goods within the period set by the seller, the seller is entitled to charge a storage fee of CZK 10 / 1 day or to sell the goods himself on the buyer's account. The operator must notify the buyer of this procedure in advance and provide him with a reasonable additional period to take over the goods.
V. FINAL PROVISIONS
5.1 If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
5.2 If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
5.3 The seller may change or supplement the wording of the GTC. The changed terms and conditions are effective on the day of their publication. The rights and obligations of the seller and the buyer arising before the date of entry into force of the new wording of the terms and conditions are not affected by the change.
5.4 If a consumer dispute arises between the seller and the consumer, the consumer has the right to an out-of-court settlement. The subject of an out-of-court settlement pursuant to Act No. 634/1992 Coll., on consumer protection, is the Czech Trade Inspection. All details on the out-of-court settlement can be found on the website of the Czech Trade Inspection www.coi.cz.