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Complaints code

Complaints code


The form for claim, return or exchange of goods can be found here

The subject of the Complaints Policy of Realfoot Shoes s.r.o. is all the information related to the terms of complaint, warranty and liability for defects.

1. Basic provisions and procedure for making a claim

1.1 Complaints can be made by sending the goods to the address of Zdeněk Jakubů, Malotova 5264 (Areál Svit , building 113), 76001, Zlín, Czechia. The buyer is obliged to claim the defect from the seller without undue delay after the buyer could have discovered it with timely inspection and sufficient care. If it is a hidden defect, the buyer is obliged to claim it from the seller without undue delay after he could have discovered it with sufficient care, but no later than two years after the handover of the item. Any delay in the continued use of the goods may cause the defect to deepen, depreciate the goods and may be grounds for rejecting the claim. In the complaint or without undue delay thereafter, the buyer shall inform the seller of the right he has chosen to exercise in respect of the defective performance. If he fails to do so in time, even in the case of a defective performance that is a material breach of the purchase contract, he shall have only the rights under paragraph 2.7, i.e. to have the defect removed or to receive a reasonable discount on the price of the goods.

1.2 The Buyer is obliged to submit a document certifying the date and place of receipt of the object of sale, or the warranty certificate, if issued, the object of sale itself in complete condition, cleaned, free of all impurities, in clean packaging, if he sends the goods. The buyer shall present the goods in a hygienic condition and indicate the claimed defect of the object of sale, its nature and occurrence, inform the seller of the chosen claim for defective performance and of his identification and contact details to the extent necessary for the settlement of the claim. The Seller shall be entitled to refuse to accept for claim proceedings goods that do not comply with the principles of general hygiene referred to above in this paragraph (Decree 306/2012 Coll., on the conditions for the prevention and spread of infectious diseases). By failing to provide a document certifying the date and place of receipt of the object of sale, the buyer runs the risk of not proving the timeliness of the claim and the validity of his claim.

1.3 The moment when the Seller receives the claimed goods from the Buyer shall be deemed to be the moment when the claim is made.

1.4 The costs of exercising the rights of defective performance (claim) shall be borne by the Buyer; the Seller may, by prior agreement with the Buyer, transport the claimed goods at its own expense.

1.5 If the Buyer exercises the right of defective performance, the Seller shall confirm to the Buyer in writing when the Buyer has exercised the right of liability for defects and, after the claim has been settled, shall also confirm to the Buyer how the claim has been settled, as well as the method of repair, if any, and the duration of the claim procedure, or shall provide the Buyer with reasons for the rejection of the claim in writing.

1.6 The Seller shall not be liable for damages resulting from the functional characteristics of the goods, from improper use of the goods or from improper handling of the goods. Defects of this origin are not covered by the warranty provided.

1.7 The Seller or an employee authorised by the Seller shall decide on the complaint immediately, in complex cases within 3 working days. This time limit does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The Seller shall settle the complaint including the removal of the defect without undue delay, at the latest within 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiry of this period in vain shall be considered a material breach of the purchase contract, on the basis of which the buyer may withdraw from the purchase contract.

1.8 If a complaint procedure regarding a particular defect determines that the complaint is unjustified, then a new complaint procedure regarding the same defect can no longer take place and the Seller is entitled to refuse to accept the object of performance for complaint for this reason.

1.9 The Buyer is obliged to take over the object of sale after the complaint has been settled without undue delay within 30 days from the date on which he was informed about the settlement of the complaint, this period cannot expire earlier than 60 days from the date of the complaint.

1.10. If the Buyer, who is in delay in taking over the object of sale, requests its re-shipment, then the Seller is obliged to re-ship the object of sale to the Buyer only on condition that all costs related to such re-shipment are paid in advance by the Buyer.

2. Rights from defective performance

2.1 The Buyer shall inspect the goods as soon as possible after the risk of damage to the goods has passed and satisfy himself as to their characteristics and quantity, checking the integrity of the packaging of the goods. If any defects are found, the Buyer shall immediately notify the Seller or the carrier and shall be entitled not to accept such goods. If the Buyer accepts such damaged goods from the Seller or the carrier, it is necessary to describe the damage in the handover report. Breach of this obligation shall extinguish the buyer's rights under the defective performance; this does not apply to consumers and does not affect the guarantee for the quality of the goods.

 

 

2.2.The Seller is liable to the Buyer for the fact that the object of sale is in conformity with the Purchase Contract upon acceptance by the Buyer, in particular that it is free from defects. Conformity with the contract of sale means that the object of sale:

(a) has the quality and utility characteristics required by the contract of sale, described by the seller or expected on the basis of the complaint made, or the quality and utility characteristics usual for such a thing,
(b) it is fit for the purpose for which the seller specifies its use or for which a performance of that kind is normally used,
(c) corresponds in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined by reference to the agreed sample or specimen,
(d) it is in the appropriate quantity, measure or weight; and
(e) complies with the requirements of the legislation.

2.3 The provisions referred to in paragraph 2.2 shall not apply:

(a) for goods sold at a lower price in relation to the defect for which the lower price was agreed,
b) to wear and tear caused by normal use of the goods,
(c) to the deterioration of the life of the goods as a result of excessive use beyond the intended use or purpose of the goods, as well as as a result of improper care and use contrary to the stated purpose
(d) in the case of second-hand goods, to a defect corresponding to the degree of use or wear and tear which the goods had on receipt by the purchaser; or
(e) where the nature of the goods so requires.
 

2.4 A conflict with the contract of sale which becomes apparent within six months of the date of acceptance of the goods shall be deemed to exist at the time of acceptance by the buyer, unless the nature of the goods so contradicts or the seller proves otherwise.

2.5 A defect is a material breach of the contract of sale if the seller knew or should have known of it at the time of conclusion of the contract of sale that the other party would not have concluded the contract of sale if it had foreseen the breach. A defect is also a material breach of the purchase contract if, unless otherwise provided by law, the buyer cannot properly use the object of sale due to the recurrence of the defect after repair or due to a greater number of removable defects. A defect reappears after repair if the same defect, which has already been rectified at least twice during the warranty period, reappears. The object of sale suffers from a greater number of defects if it has at least three different (caused by different causes) removable defects at the same time at the time the claim is made; removable defects are defects that can be removed without affecting the appearance, function and quality of the goods. In other cases, the infringement shall be deemed not to be material.

2.6 If the defective performance is a material breach of the purchase contract, the buyer shall be entitled to delivery of a new item, repair of the item, a reasonable price reduction or withdrawal from the purchase contract.

2.7 If the defective performance is a non-substantial breach of the purchase contract, the buyer has the right to have the defect remedied or a reasonable discount on the price.

2.8 The buyer has no rights from the defective performance if he/she knew before taking over the goods that the goods have a defect or if the buyer caused the defect himself/herself, or if it is a defect that the buyer should have known with the exercise of ordinary care already at the conclusion of the contract.

2.9. Section 2108 of the Civil Code shall not apply. The provisions of this paragraph do not apply if the buyer is a consumer.

2.10. The buyer cannot withdraw from the purchase contract under his right of defective performance, nor can he demand delivery of a new item if he cannot return the goods in the condition in which he received them. This does not apply:

(a) if there has been a change in condition as a result of an inspection for the purpose of detecting a defect in the goods,
(b) if the buyer used the goods before the defect was discovered,
(c) if the buyer has not caused the impossibility of returning the goods in the unaltered condition by his act or omission; or
(d) if the buyer sold the goods before the defect was discovered, consumed the goods or altered the goods in their normal use; if this has happened only in part, the buyer shall return to the seller what he can still return and shall compensate the seller to the extent that he benefited from the use of the goods.
 

3. Quality guarantee

3.1 Unless otherwise stated, the Seller undertakes that the goods supplied will be fit for their usual purpose and retain their usual characteristics (warranty) for a period of 24 months in the case of relations with consumers and 12 months in the case of relations with other purchasers. The warranty does not cover:

(a) wear and tear caused by normal use of the goods,
(b) deterioration of the life of the goods as a result of excessive use beyond the intended use or purpose of the goods, as well as as a result of improper care and use contrary to its intended purpose; and
(c) in the case of second-hand goods, for a defect corresponding to the degree of use or wear and tear which the goods had when they were taken over by the buyer.
 

3.2 If the method of delivery of the goods is personal collection at the place of collection or delivery by the seller, the warranty period shall commence at the time of the transfer of risk; if the method of delivery of the goods is by carrier, the warranty period shall commence when the goods reach their destination.

3.3.The warranty period starts from the moment of the claim until the time when the buyer was obliged to take over the goods after the claim has been settled. If the claim procedure results in the replacement of the claimed goods, the warranty period starts again from the receipt of the new goods. In case of replacement of a defective part, the new warranty period applies only to the replaced part of the sale.

3.4 Article 1 of the Complaints Procedure applies mutatis mutandis to the notification of a defect covered by the warranty and the complaint procedure.

In Prague, 8 November 2021

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