These Complaints Procedure (hereinafter referred to as the "Complaints Procedure") regulate the method and conditions of complaints about defects of goods purchased by the buyer, both by the consumer and a person who is not a consumer, through the online store www.towelu.com from:
Supplier and operator of www.towelu.com
with its registered office at Prosecká 68, 190 00 Praha 9
ID: 07063652, VAT ID: CZ07063652
registered in the Commercial Register kept at the Municipal Court in Prague, Section C, Insert 294010
address for delivery of the complaint: VitalDeli, s.r.o., Prosecká 68, 190 00 Prague 9
telephone number for information on the status of the complaint: +420 273 160 060
contact e-mail for submission and information on the status of the complaint: firstname.lastname@example.org
1. Rights from defective performance for the relations between seller and buyer – consumer
1.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant provisions of the Civil Code (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code), unless otherwise provided. The regulation of defective performance in Article 1 of the Complaints Procedure applies only to consumer contracts. The regulation of defective performance in Article 2 of the Complaints Procedure applies to other cases.
1.2. The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:
1.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, those characteristics which the seller or manufacturer has described or which the buyer expected with regard to the nature of the goods and on the basis of advertising made by them,
1.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this type are usually used,
1.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
1.2.4. . the goods are in the appropriate quantity, measure or weight, and
1.2.5. the goods comply with the requirements of legal regulations.
1.3. The seller provides the buyer, who is a consumer, unless otherwise stated in the goods, a statutory warranty of 24 months. The period of 24 months runs from the date of delivery / acceptance of the goods by the buyer. If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt.
1.4. Defective rights do not apply to wear and tear of the goods caused by its normal use and to defects caused by incorrect installation, maintenance and use of the product. Furthermore, the buyer is not entitled to defective performance rights for goods sold at a lower price, for a defect for which a lower price was agreed, and also for used goods to a defect corresponding to the degree of use or wear that the goods had when taken over by the buyer, or if this due to the nature of the goods. Defects also do not belong to the buyer if the buyer knew before taking over the goods that the goods were defective, or if the buyer caused the defect himself.
1.5. In the event of a complaint, the buyer is obliged to send the purchased goods together with a delivery note or other document proving the purchase of goods from the seller. The buyer is also obliged to describe the defect of the purchased goods, as well as how the defect manifests itself. The buyer is also obliged to state what rights from the defective performance he exercises.
1.6. Buyer's rights to claim warranty:
1.6.1. If the purchased goods do not have the properties defined in the contract, the buyer may also request the delivery of new goods without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a part of the goods, the buyer may only request replacement. if this is not possible, he may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect.
1.6.2. The buyer has the right to obtain new goods or replaced parts even in the case of a remediable defect, if he cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer also has the right to withdraw from the contract.
1.6.3. If the buyer does not withdraw from the contract or if he does not exercise the right to deliver new goods without defects, to replace its components or to repair the goods, he may request a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver new goods without defects, replace a part of the goods or repair the goods, as well as if the seller does not arrange a remedy within a reasonable time or would arrange considerable difficulties for consumers. The buyer also has the right to eliminate the defect by delivery of new goods without defects or by delivery of missing goods.
1.7. The buyer's complaint will be settled within 30 days from the date of its submission. The buyer will be informed about the settlement of the complaint by e-mail or telephone, within the period specified in the first sentence.
1.8. In the case of sending the purchased goods for a complaint, the buyer is obliged to properly pack the purchased goods and ensure that it is not damaged during transport to the seller.
2. Rights from defective performance for the relationship between the seller and the buyer, who is not a consumer
2.1. The provisions of Article 2 of the Complaints Procedure shall apply to the relationship between the seller and the buyer, where the buyer is not a consumer, as defined as the Consumer in the Terms and Conditions.
2.2. The seller delivers the goods to the buyer in the agreed quantity, quality and design. If the quality and design are not agreed, the seller shall perform in quality and design suitable for the purpose apparent from the contract; otherwise for the usual purpose.
2.3. The right of the buyer from defective performance is based on the defect that the goods have when the risk of damage passes to the buyer, even if it manifests itself later. The buyer's right is also established by a later defect caused by the seller in breach of his obligation.
2.4. The buyer is obliged to inspect the goods without undue delay after the risk of damage to the goods. The buyer is obliged to check (make sure) about the properties and quantity of the delivered goods. If the buyer does not notify the seller of the defect of the goods without undue delay after he could find it during the inspection according to the first sentence of this paragraph, he has no rights from defective performance. If it is a hidden defect, then the buyer is obliged to notify the seller of such a defect without undue delay after it manifested itself. The second sentence applies similarly.
2.5. The buyer is entitled to point out defects within 6 months from the date of delivery of the goods and in the case of hidden defects within 2 years from the date of delivery of goods. The agreement in this paragraph is not a guarantee. The defect must exist at the time of the transfer of the risk of damage to the goods.
2.6. If the goods have defects, the buyer has the right to either eliminate the defect or to exchange the goods. The seller has a choice. If it is not possible to proceed according to the first sentence of this paragraph, the buyer has the right to withdraw from the contract.
2.7. The buyer cannot withdraw from the contract if it is not possible to return the goods in the same condition in which he took them over.