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Returns and Claims
Returns and Claims
Complaints policy for the sale of goods in the www.glamourica-dolls.eu e-shop
Operator: RUR Visions s.r.o.; ID 23135484, registered office Bezručova 1601/84, Říčany,251 01, e-mail info@glamourica.com (hereinafter also referred to as "Seller")
1. Introductory provisions
The Buyer's rights arising from defective performance (hereinafter referred to as "claims") must always be exercised in accordance with these Claims Procedure. Matters not covered by this Complaint Procedure shall be governed by the law of the Czech Republic. This Complaint Procedure is in accordance with Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll. on Consumer Protection as amended on 1 January 2025.
The Seller is not liable for defects in the following cases:
if there is a defect in the item at the time of acceptance and a discount on the purchase price is agreed for such defect,
if the goods are used and the defect corresponds to the level of use or wear and tear that the goods had when the buyer took them over,
the defect has been caused by wear and tear caused by normal use or by the nature of the goods (e.g. expiry of their useful life),
is caused by the buyer and has been caused by improper use, storage, improper maintenance, interference by the buyer or mechanical damage,
the defect was caused by an external event beyond the seller's control.
2. Exercise of the claim
The Buyer may make a claim for the Goods in written at the above address or e-mail.
The buyer is obliged to prove that he has the right to make a claim, in particular to prove the date of purchase by submitting a copy of the sales receipt (invoice). The buyer is not entitled to claim for a defect that has been complained of in the past, provided that a reasonable discount on the purchase price has been granted.
The Buyer shall send a description of the defect and corresponding photo/video documentation of the defect to the Seller. The Seller shall decide on the further course of action:
(a) if it accepts the defect, which allows the continued use of the Goods with restrictions, it shall provide an appropriate discount on the purchase price
b) if it acknowledges a defect that precludes further use of the Goods, it shall provide the Buyer with a discount on the purchase price up to the purchase price or deliver new Goods of equivalent or similar type and characteristics. Delivery of new Goods may take 12-15 weeks depending on the type and configuration of the Goods.
c) if it cannot assess the defect from the photographic documentation, it will invite the Buyer to deliver the Goods to the Seller's designated address for physical inspection and assessment of the claimed defect. Delivery shall be at the Buyer's expense. The Seller shall issue a report to the Buyer on the performance and result of the inspection with a proposal for the resolution or rejection of the claim.
d) If the Seller rejects the claimed defect on the grounds of obvious misuse of the Goods or their mechanical or chemical damage, the Buyer may reassert its claim upon documentation of an expert assessment of the defect by a third party qualified to make such an assessment, which demonstrates the validity of the defect. The Buyer's costs of the third party assessment are not claimable against the Seller.
3. Time limit for exercising rights
The buyer may exercise his rights arising from defective performance within 24 months of receipt of the goods. After the expiration of the time limit, the right to claim defects from the seller cannot be exercised, unless the parties agree otherwise or the seller or the manufacturer provides a special guarantee for quality beyond its statutory obligations.
The buyer shall exercise his rights under the defective performance without undue delay after he discovers that the goods are defective. The seller shall not be liable for any increase in the extent of the damage if the buyer uses the goods although he is aware of the defect. If the buyer asserts the defect against the seller rightfully, the time limit for asserting rights under the defective performance does not run for the period during which the goods are under repair and the buyer cannot use them.
The Buyer acknowledges that if the goods are replaced as part of the settlement of a claim, the time limit for exercising rights under the defective performance does not start again. The time limit will expire 24 months after receipt after purchase of the claimed goods.
The time limit for exercising rights under defects cannot be considered as a determination of the lifetime of the goods, which varies with regard to the characteristics of the product, its maintenance and the correctness and intensity of use or the agreement between the buyer and the seller.
4. Handling of claims
The Buyer must have the claim, including the removal of the defect, settled without undue delay, at the latest within 30 days from the date of the claim, unless the Seller and the Buyer agree on a longer period. The deadline for the settlement of the claim begins on the day following the date of the claim. The time required for a professional assessment of the defect shall not be included in this time limit. The Buyer shall receive a complaint report upon filing a claim, which shall serve as a document for the settlement of the claim. When drawing up the complaint report, the buyer is obliged to provide all the required information, the completeness and correctness of which he confirms by signing the complaint report. The complaint report contains information on when the complaint was filed, what is its content, what method of settlement of the complaint is required by the buyer. If the buyer has sent the product to the complaint procedure by a transport service, the buyer receives the complaint protocol by e-mail. The seller is obliged to confirm the method of handling the claim and the duration of the claim in writing to the buyer. The Buyer is not entitled to change the method of handling the claim once chosen without the Seller's consent, except in the case where the chosen method of handling cannot be implemented at all or in time.
The Buyer is obliged to take possession of the claimed goods within 30 days from the date on which the claim should have been settled at the latest, after which time the Seller is entitled to charge a reasonable storage fee or to sell the goods on his own account to the Buyer. The seller must notify the buyer of this procedure in advance and give the buyer a reasonable additional period of time to take delivery of the goods.
5. Quality on acceptance
The Seller declares that he delivers the goods to the Buyer in accordance with the provisions of Section 2161 of the Civil Code, i.e.:
the goods have the characteristics agreed between the buyer and the seller. The agreement means the contents of the confirmed Order by the Seller, including written changes and additions, from which the characteristics to be possessed by the Goods are clear. The Seller or the manufacturer shall not be liable for any missing features which the Buyer expected in view of the general presentation of the Goods or on the basis of general advertising carried out by them for the Goods or similar Goods but which were not expressly agreed.
the Goods are fit for the purpose for which the Seller states for its use or for which a thing of that kind is usually used,
the Goods are supplied in the appropriate quantity, measure or weight and the Goods comply with the requirements of the law.
In the event that the goods do not meet the above requirements upon receipt by the buyer, the buyer has the right to have new goods delivered without defects, unless this is unreasonable due to the nature of the item, or to request a discount on the purchase price. If the defect relates only to a part of the item, the buyer may only demand replacement or completion of the part; if this is not possible, he may withdraw from the contract and demand a full refund of the purchase price if the defect prevents the use of the item. However, if this is disproportionate in view of the nature of the defect or if the defect does not prevent the use of the thing for its usual purpose, in particular if the defect can be remedied without undue delay, the buyer is entitled to have the defect removed free of charge or to a discount.
If the buyer does not withdraw from the contract or does not exercise the right to have new goods delivered without defects, to have parts replaced or repaired, he may demand a reasonable discount on the purchase price. The buyer is also entitled to a reasonable discount if the seller cannot deliver new goods without defects, replace a part of the goods or repair the goods, or if the seller fails to remedy the defect within a reasonable time or if the remedy would cause the consumer considerable difficulties.
6. Liability of the Seller for defects that are material and immaterial breaches of contract
The seller's liability for defects which are a material or immaterial breach of contract applies to defects in the goods arising within 24 months of acceptance, for defects for which the liability for quality on acceptance does not apply according to Article 5.
If the defect is a material breach of contract, the buyer shall have the right, at his option, to have a new item delivered, to have it repaired, to receive a reasonable discount or to withdraw from the contract. If the defect is an insubstantial breach of contract, the buyer is entitled to have the defect rectified or a reasonable discount.
The buyer shall have the right to delivery of a new, defect-free item, replacement of a part, a price reduction or withdrawal from the contract, regardless of the nature of the defect, if the item cannot be used properly due to the recurrence of the defect after repair or due to a large number of production defects.
No manufacturer, and therefore no Seller, shall be held responsible for the failure of any optional robotic equipment features such as heating, sounds or automatic movements. If such a failure occurs without obvious external intervention or improper use within 3 months of receipt of the Goods, the Seller will refund the Buyer the price for the malfunctioning optional equipment (function), but not for the sex doll itself. Before placing an order, the Seller recommends the Buyer to read the terms and conditions for the use of the doll and its robotic functions for the given model and brand.
Buyer acknowledges that the robotic and motion components of the sex doll built into the body or head are not repairable.
7. What is not a defect in the product.
(a) It is not a defect in the Goods to change the color of the Goods or to fade the color finish or makeup of the Goods as a whole or parts thereof. The Buyer acknowledges that some characteristics of the Goods or parts thereof may change over time, due to use or due to external factors (e.g. sunlight, exposure to liquids, cleaning and storage, etc.) Similarly, it is not a defect of the Goods if the colour of the Goods differs from the colour of professionally taken presentation photographs of the Goods under artificially adjusted lighting conditions used in the e-shop. The Buyer acknowledges that all photographs and illustrations of the Goods presented on the E-shop are for illustrative purposes only.
b) Defects in the Goods do not include varying and changing mobility of the joints of the skeleton over time, damage to the electrical and electronic components of the Goods during use, tearing of the body mass due to the skeleton being set in a position that does not correspond to the elasticity of the material (silicone or TPE) or the penetration of objects with excessive circumference and or length into the openings of the sex doll. It is important to respect the instructions and conditions of use of the individual manufacturers of the Goods.
This Complaints Procedure is effective from 1.4.2025