RETURNS & REFUNDS
This Complaint Rules adjusts the manner and terms of claim of defective goods purchased through the online store: Lubeton Eshop from our company
Lubeton design s.r.o. Registered in the Commercial Register maintained by the Municipal Court in Brno, Section C, File 99019 Address for delivery: Lubeton design s.r.o., Pod nádražím 392, Bílovice nad Svitavou, 664 01 Telephone number: (+420) 731 267 931 Contact e-mail:
What kind of defects are we responsible for? As a seller, we are responsible for the fact that the goods are not defective at delivery. This means that goods taken over in particular:
has the features that have been arranged between us, which we describe or that you could expect in terms of the nature of the goods and advertising; is in an appropriate quantity, degree or weight; complies with legal requirements; the goods are suitable for the purpose that we have given or for which the purchased goods are usually used; the defect of goods is also considered a situation in which we deliver goods other than what was agreed between us; corresponds to the quality agreed between us or, if appropriate, to the quality established by applicable and effective legislation for the type of goods in question; and has no legal defects, means third party person has no property rights for the goods and the goods are equipped with documents and documents necessary for proper use of the goods. We are also responsible for the consumer's liability for these defects not occurring in the warranty period. If you are not a consumer, the statutory warranty period under Article 2 is not provided. Article 2 applies only to consumers.
Beyond the statutory warranty period for consumers, we do not provide any guarantee of quality.
If you are an entrepreneur, the right to defective performance only creates a defect that the goods have had when passing the risk of damage to the goods, even if it is only later. In the event that a fault occurs depending on breach of any of our obligations, you will also be entitled to a defective performance even in such a case.
The difference in color shades in reality and on electronic imaging devices can not be considered to be defective. If the goods do not match your vision, you have the right to withdraw from the contract within 14 days of taking over the goods in accordance with Article 5 of the General Terms and Conditions, if you are a consumer.
If you are a consumer and the defect of the goods is reflected within six months of the takeover, it is considered that the goods were defective already at takeover.
What is the warranty period? In the case of unused consumer goods, the warranty period is 24 months from the date of receipt of the goods, unless a longer warranty period is set in the web interface, in the documents enclosed with the goods or in the advertisement. For used goods, the warranty period is twelve months after receipt of the goods.
Be aware that if the goods are exchanged or repaired for new goods, replaced parts and spare parts do not run a new warranty period. However, the warranty period is extended in such a case by the amount of time you could not use it due to the defect of the goods, that is to say the period during which the goods are being repaired.
What rights do you have for faulty performance? Your rights to defective performance are governed by the Civil Code, in particular § 2099 to 2117 and, if you are a consumer, § 2165 to 2174.
If you are a consumer or entrepreneur: In the event that the defect of the goods existed or is believed to have existed already upon taking over the goods, the following rights belong to the defective performance.
If a defect is a serious breaking of contract, you are entitled to the following rights:
1 Deleting a defect by delivering a new item without defect or shipping the missing item;
2 removal of a defect by repairing a thing;
3 A reasonable discount on the purchase price; or
In the event of a serious breaking of the contract, notify us of the right of the defective performance you have chosen when reporting the defect or without undue delay after the defect notice. Please note that if you do not do so, you will only be entitled to the rights that you would be entitled to in the event of an irreparable breach of contract. The choice made can only be changed after agreement with us.
If we do not remove the defect within a reasonable time, you may request a reasonable discount from the purchase price instead of removing the defect or you may withdraw from the contract.
If the defect is a minor breach of contract, you may require:
1 removal of a defect; or
2 a reasonable discount on the purchase price.
If we do not remove the defect in time or reject the defect, you may request a discount from the purchase price, or you can withdraw from the contract. The choice made can only be changed after agreement with us.
Please note that unless you exercise your right to a discount on the purchase price or you withdraw from the contract, we are authorized to supply missing items or remove a legal defect (in particular, to supply missing documents).
Replacement or withdrawal can not be claimed if you can not return the item as you received it. This does not apply if:
(1) there was a change in status as a result of a search for the detection of a defect;
2 you used the thing before the defect was discovered;
3 you did not cause the inability to return the matter to a bad one 4 you sold the item before the defect was discovered, consumed it, or altered the thing in normal use; if only in part, you will return to us what else you can return and give us compensation up to the amount in which you have benefited from the use of the thing.
Only if you are a consumer: If the defect of consumer goods occurs within a guarantee period of twenty-four months after receipt of the goods (for the goods used twelve months after receipt of the goods), the following rights are due to defective performance:
1 right to exchange goods if you:
during the warranty period, the goods will lose one of the features listed in Article 1 of the Complaint Procedure and is not disproportionate due to the nature of the defect; the defect is irreparable; you can not properly use the goods for repeated defects after repair; or there will be a greater number of defects in the goods. Replacement of goods can not be claimed if the exchange of goods is disproportionate to the nature of the defect. In this case, you are entitled to a free removal of the defect.
The right to exchange goods does not apply to you even in cases where only part (part) of the goods is defective.
Requesting the exchange of goods is not possible for goods used or sold at a lower price. Instead, you can request a reasonable discount.
You have the right to replace a defective part of the goods if: only the part (part) of the goods is defective; the defect is irreparable; you can not properly use the goods for repeated defects after repair; or there will be a greater number of defects in the goods. the right to a reasonable discount on the purchase price if you have you do not choose the right to withdraw from the contract, replace defective goods or parts of goods or repair the goods; we are not able to replace or repair the goods or their parts (for example, the goods are no longer manufactured); we will not be able to remedy the matter within a reasonable time, or in cases where redress would cause you serious difficulties; or the thing has a defect from which we are committed and it is a thing sold at a lower price or the thing used. the right to withdraw from the contract if you have the defect is irreparable; you can not properly use the goods for repeated defects after repair; there will be a greater number of defects in the goods; we are not able to replace or repair the goods (for example, goods are no longer manufactured); or it is not possible to replace the defective goods or part of the goods as impeccable. When can not apply the rights of defective performance? Rights to defective performance do not belong to you if:
you knew about the defect before taking over the thing; you have caused a defect yourself; or the warranty period has elapsed. The warranty and claims for liability for defects also do not apply to:
wear and tear of goods caused by its usual use; defects of the used item corresponding to the degree of use or wear and tear of the goods at the time you took it over; things sold at a lower price - only in relation to the defect for which the lower price was agreed; or if it arises from the nature of the matter. How to proceed with a complaint? The claim to us (or the person who states in the warranty certificate as the person to be corrected) is to claim without undue delay from the discovery of the defect. In accordance with the Consumer Protection Act, we accept claims:
in our establishment, where acceptance of the claim is possible with regard to the range of goods sold; in our headquarters; at the place of business; in the case of a person who is in the confirmation of the duration of the defective performance - the warranty card is listed as the person to be repaired. We recommend that you use our facility / person to be repaired to resolve the claim as quickly as possible.
Suggested Complaint Procedure: You can inform us about the complaint in advance, by phone, e-mail or in writing; at the same time, it is advisable to inform us of the right of defective performance you have chosen, that is, whether you have an interest in repairing the item, replacing the goods or its components, withdrawal from the contract, discount on the purchase price, or other rights in compliance with these Complaints Rules and the Civil Code; We will deliver the goods you claim to us (other than a cash on delivery basis), and we recommend that you pack the goods in a suitable package in order to avoid damage or destruction; to facilitate the procedure, it is advisable to attach a proof of purchase or a tax document to the goods - an invoice, if issued, or another document proving the purchase of the goods, together with a description of the defect and a proposal to deal with the complaint. Failure to comply with any of the above steps, or failure to submit any of the above documents, shall not prevent the claim from being processed in accordance with the law.
The moment of claiming is the moment when the occurrence of the defect has been notified and the right of liability for the defects of the item sold has been exercised.
We decide on the complaint we have received immediately, in complex cases within three business days. This period does not include the time appropriate to the type of product or service needed to expertly assess the defect. Claims, including the removal of a defect, will be settled without undue delay, no later than 30 days after the date of the claim, unless we agree for a longer period. In the complaint, we will issue a written acknowledgment of when you have the right to claim, what is the content of the claim, and what form of claim settlement you require; (after the complaint has been settled) we will issue a confirmation of the date and manner of processing the claim, including a confirmation of the repair and the duration of the claim, or a written justification for the refusal of the complaint.
In accordance with the Civil Code, you have the right to reimbursement of the expense incurred when claiming goods. Please note that you have to claim the right to reimbursement within one month after the expiration of the time limit for defect.
This Complaint Procedure Code is effective and effective from January 01, 2018