The company Paleto s.r.o., ID number: 17938635, with registered office at Hradecká 1172/3, Slezské Předměstí, 500 03 Hradec Králové, registered in the commercial register kept at the regional court in Hradec Králové, section C 50607 (hereinafter referred to as "The seller").

1. INTRODUCTORY PROVISIONS

1.1 This complaint procedure (hereinafter referred to as "Complaints Procedure") governs the mutual rights and obligations of the Seller and persons who have entered into a purchase agreement with the Seller on the basis of winning an auction offer on the platform available from the website www.paleto.eu (hereinafter "Buyer"And"Contract"). The conclusion of Contracts and the operation of the platform are governed by separate terms and conditions.

1.2 If the subject of the Contract is goods that are linked to digital content or a digital content service in such a way that it would not be able to perform its functions without them (hereinafter referred to as "goods with digital properties") means goods as well as goods with digital properties. For goods with digital properties, the provisions relating to goods shall also apply to the provision of digital content or a digital content service, even if provided by a third party; this does not apply if it is clear from the content of the Contract and the nature of the goods that they are provided separately.

1.3 The complaints procedure is issued in accordance with Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as "Civil Code") and Act No. 634/1992 Coll., on consumer protection, as amended (hereinafter referred to as "Consumer Protection Act").

1.4 Unless otherwise stipulated in the Complaints Regulations, the rights and obligations of the Seller and the Buyer regarding rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, Sections 2158 to 2174b of the Civil Code).

1.5 Unless otherwise stated below, the Complaints Regulations apply to both cases where the Buyer is a person who, when concluding the Contract, acts as part of his business activity or as part of his independent professional performance (hereinafter referred to as "Businessman"), as well as for cases where the Buyer is a natural person who, when concluding the contract, acts outside the scope of his business activity or the scope of the independent exercise of his profession (hereinafter referred to as "Consumer").

1.6 The Complaints Procedure is an integral part of the Seller's terms and conditions governing the conclusion of Contracts.

2. DEFECT OF GOODS

2.1 The Seller is responsible to the Buyer for the fact that the goods are free of defects when the Buyer takes them over. In particular, the Seller is responsible to the Buyer-Consumer that the goods:

  • corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
  • is suitable for the purpose for which the Buyer-Consumer requires it and with which the Seller has agreed, and
  • is supplied with agreed accessories and instructions for use, including instructions for assembly or installation.

2.2 The Seller is responsible to the Buyer-Consumer that, in addition to the agreed properties:

  • the goods are suitable for the purpose for which goods of this type are usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,
  • the quantity, quality and other properties of the goods, including durability, functionality, compatibility and safety, correspond to the usual properties of goods of the same type that the Buyer can reasonably expect, also with regard to public statements made by the Seller or another person in the same contractual chain, in particular advertising or labeling,
  • the goods are delivered with accessories, including packaging, assembly instructions and other instructions for use that the Buyer can reasonably expect, and
  • the goods correspond to the quality or design of the sample or template that the Seller provided to the Buyer-Consumer before concluding the Contract.

2.3 The seller is not bound by a public statement according to paragraph 2.2.2, if he proves that he was not aware of it or that it was modified at the time of the conclusion of the Agreement in at least a comparable way as it was made, or that it could not have influenced the purchase decision.

2.4 Paragraph 2.2 does not apply if the Seller specifically warned the Buyer-Consumer before concluding the Contract that some property of the goods is different and the Buyer-Consumer expressly agreed to this when concluding the Contract.

2.5 If a defect becomes apparent within one year of receipt of the goods by the Buyer-Consumer, it is considered that the goods were already defective upon receipt, unless the nature of the goods or the defect precludes this. This period does not run for the period during which the Buyer-Consumer cannot use the goods, in the event that he has legitimately complained about the defect.

2.6 The Seller is also liable to the Buyer-Consumer for a defect caused by incorrect assembly or installation, which was carried out by or under the Seller's responsibility in accordance with the Agreement. This also applies if the assembly or installation was carried out by the Buyer-Consumer and the defect occurred due to a deficiency in the instructions provided by the Seller or the provider of digital content or digital content service, if it is a thing with digital properties.

3. DEFECT OF GOODS WITH DIGITAL FEATURES

3.1 If the subject of the Contract is goods with digital properties, the Seller shall ensure that the agreed updates of digital content or digital content services are provided to the Buyer-Consumer.

3.2 In addition to the agreed upon updates, the Seller will ensure that the Buyer-Consumer is provided with updates that are necessary for the item to retain its properties in accordance with Article 2 after acceptance, and that he will be notified of their availability:

  • for a period of two years, if, according to the Contract, digital content or a digital content service is to be provided continuously for a certain period of time, and if provision is agreed for a period longer than two years, for this entire period,
  • for the period during which the Buyer-Consumer can reasonably expect it, if the digital content or digital content service is to be provided under the Agreement on a one-time basis; this will be assessed according to the type and purpose of the goods, the nature of the digital content or the digital content service and taking into account the circumstances of the conclusion of the Agreement and the nature of the obligation.

3.3 Paragraph 3.2 does not apply if the Seller specifically warned the Buyer before concluding the Agreement that updates will not be provided and the Buyer-Consumer expressly agreed to this when concluding the Agreement.

3.4 The Buyer-Consumer is not entitled to refuse any update and is obliged to carry out each update within a reasonable time from the time he was notified of the update. If the Buyer-Consumer has not updated according to paragraph 3.2 in a reasonable time, he has no rights from a defect that arose only as a result of the non-updated update. This does not apply if the Buyer-Consumer was not notified of the update or the consequences of not performing it, or did not perform the update or performed it incorrectly due to a deficiency in the instructions.

3.5 If, according to the Agreement, the digital content or digital content service is to be provided continuously for a certain period of time and if a defect manifests itself or occurs during the period according to paragraph 3.2.1, it is considered that the digital content or digital content service is provided defectively.

4. CLAIMS IN THE EVENT OF A DEFECT IN THE GOODS

4.1 Taking into account the fact that these are used goods, the Buyer-Consumer can complain about a defect that occurs in the goods within one year of receipt.

4.2 If the subject of the purchase is goods with digital properties and if, according to the Contract, the digital content or the digital content service is to be provided continuously for a certain period of time, the Buyer-Consumer can complain about a defect that occurs or manifests itself within one year of receipt. If it is to be fulfilled for a period of more than one year, the Buyer has the right from a defect that occurs or manifests itself during this time.

4.3 If the Buyer justifiably complains of a defect to the Seller, the period according to paragraphs 4.1 and 4.2 does not run for the period during which the Buyer cannot use the goods.

4.4 The Buyer does not have the right from defective performance:

  • if the defect is self-inflicted,
  • in case of wear and tear of the goods caused by their usual use,
  • in the case of used goods, in case of wear corresponding to the degree of its previous use.

4.5 If the goods have a defect, the Buyer may request its removal. At its option, it may request:

  • delivery of new goods without defects or
  • repair of the goods, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this is assessed in particular with regard to the importance of the defect, the value that the goods would have without the defect, and whether the defect can be removed in a second way without significant difficulties for the Buyer.

4.6 The seller can refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the importance of the defect and the value that the goods would have without the defect.

4.7 To remove the defect, the Seller will take over the goods at his own expense. If this requires the disassembly of the goods, the assembly of which was carried out in accordance with the nature and purpose of the goods before the defect became apparent, the Seller will dismantle the defective goods and assemble the repaired or new goods, or cover the costs associated with it.

4.8 The Buyer may request a reasonable discount or withdraw from the Contract if:

  • The seller refused to remove the defect or did not remove it in accordance with paragraph 4.6 and 4.7,
  • the defect manifests itself repeatedly,
  • the defect is a material breach of the Contract, or
  • 4.8.4 it is obvious from the Seller's statement or from the circumstances that the defect will not be removed within 30 days from the application of the complaint or without significant difficulties for the Buyer.

4.9 The reasonable discount is determined as the difference between the value of the goods without defects and the defective goods received by the Buyer.

4.10 The buyer cannot withdraw from the Contract if the defect in the goods is insignificant; it is considered that the defect is not insignificant.

4.11 If the Buyer withdraws from the Contract, the Seller will return the purchase price to the Buyer without undue delay after receiving the goods or after the Buyer proves to him that he has sent the goods.

5. ACCEPTANCE OF GOODS UPON DELIVERY BY THE CARRIER

5.1 The buyer is obliged to check the condition of the shipment (number of packages, intactness of the tape, intactness of the packaging) in accordance with the Contract and the document from the carrier without undue delay after the delivery of the goods by the relevant carrier or delivery service provider.

5.2 The buyer is entitled to refuse acceptance of goods that are obviously damaged, or the transport packaging is obviously damaged in a significant way, which gives rise to a reasonable presumption that the shipment has been tampered with, or that the goods inside are damaged (this also applies to cases where can be seen on the shipment that it has been exposed to the effects of weather or water). If the Buyer nevertheless takes over the damaged shipment from the carrier, he is obliged to describe the damage in the carrier's handover report and notify the Seller without undue delay at the contact email listed below. The seller recommends taking photo documentation of the package and/or damaged packaging at the same time.

6. PROCEDURE FOR APPLICATION AND PROCEDURE OF COMPLAINTS

6.1 In the event that during the period specified in Article 4 of these Complaints Regulations, a defect appears in the goods purchased by the Buyer-Consumer and during the statutory period in the goods purchased by the Buyer-Entrepreneur, the Buyer has the right to complain about the defect (complaint) of the goods.

6.2 With the exception of cases where another person is appointed to carry out the repair, the Seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible with regard to the range of products sold or services provided, or even at its headquarters.

6.3 The Buyer shall file a complaint with the Seller via the contact details listed below in these Complaints Rules, without undue delay after discovering a defect or other problem.

6.4 In the notification of a complaint, the Buyer is obliged to state his contact details, a description of the defect and a request for the method of handling the complaint (i.e. what rights he is exercising due to defective performance). For these purposes, the Buyer can use the sample complaint form, which is attached to these Complaints Regulations.

6.5 The Buyer is obliged to submit to the Seller together with the claim the claimed goods and proof of purchase of the goods from the Seller (typically an invoice, tax or other proof of purchase). If the Buyer sends the goods to the Seller by transport service, he is obliged to pack the goods in such a way as to prevent any damage during transport, together with all accessories and documentation that were part of the original packaging of the goods. The seller will not accept cash on delivery shipments.

6.6 The Seller shall issue a written confirmation to the Buyer upon making a claim, in which he shall state the date when the Buyer made the claim, what it contains, what method of settlement of the claim the Buyer requires and the Buyer's contact details for the purpose of providing information on the settlement of the claim.

6.7 Complaints about the goods, including the removal of the defect, must be processed and the Buyer-Consumer must be informed about this no later than 30 days from the date of the claim, unless the Seller and the Buyer-Consumer agree on a longer period.

6.8 If the subject of the obligation is the provision of digital content, including digital content delivered to the Buyer-Consumer on a physical medium, or a digital content service, the complaint must be settled within 30 days from the day the complaint is made. Taking into account the nature of the digital content or digital content service and the purpose for which the Buyer-Consumer requested it, the period can be extended in complex cases. The Seller will notify the Buyer-Consumer in writing in sufficient time in advance of the need to extend the time for handling the complaint.

6.9 After the expiry of the period for processing the complaint, the Buyer-Consumer may withdraw from the Contract or request a reasonable discount.

6.10 After handling the complaint, the Seller will issue the claimed goods to the Buyer, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint.

6.11 Any warranty provided by the Seller is extended by the period from the application of the complaint until its settlement or until the time when the Buyer was obliged to pick up the goods. In the event of an unauthorized complaint, the quality guarantee is not extended.

6.12 In the case of a justified complaint, the Buyer is entitled to compensation for the purposefully incurred costs of the complaint incurred by him in connection with the exercise of rights from liability for defects (in particular, the postage he paid when sending the claimed goods). The buyer sends a request for payment of costs to the e-mail address listed below in this Complaints Policy. In the e-mail, he will state the claim number, the account number and attach documents on the expenditure of the required costs (e.g. filing slips or other documents). The Seller decides on the expediency of spending costs by the Buyer.

6.13 As long as the Seller does not fulfill his obligations due to defective performance, the Buyer does not have to pay the outstanding purchase price of the goods or part thereof.

7. CONTACT INFORMATION

7.1 For communication purposes, the Buyer is obliged to use one of the following contacts of the Seller:

  • Email: info@paleto.eu
  • business address: Paleto s.r.o., Hradecká 1172/3, Slezské Předměstí, 500 03 Hradec Králové
  • delivery address: Paleto sro – Paleto.eu, K čáslavkám 170, 503 04 Černožice

7.2 For the purpose of making a complaint, the Buyer is obliged to use one of the following contacts:

  • Email: info@paleto.eu
  • business address: Paleto s.r.o., Hradecká 1172/3, Slezské Předměstí, 500 03 Hradec Králové
  • in case of a request to repair goods: Paleto s.r.o. – Paleto.eu, K čáslavkám 170, 503 04 Černožice
  • delivery address: Paleto sro – Paleto.eu, K čáslavkám 170, 503 04 Černožice

7.3 The Seller will contact the Buyer in the way that the Buyer used to communicate with the Seller, or at the contact details specified in the Contract.

8. COMMON AND FINAL PROVISIONS

8.1 The provisions of these Complaints Regulations do not affect the Buyer's rights and obligations under the Terms and Conditions (especially with regard to the right to withdraw from the Contract and others).

8.2 These Complaints Rules become valid and effective on January 17.1.2023, XNUMX