General Commercial Terms and Conditions

These General Commercial Terms and Conditions (hereinafter only referred to as the ‘Commercial Terms and Conditions) shall apply to contracts concluded via the on-line Realteus shop located on the web interface https://www.realteus.com/ (hereinafter only referred to as the ‘web interface)

between

the entrepreneur:

Tomáš Jandečka, with his registered office at Rohanske nabrezi 678/23, 186 00, Praha 8 – Karlin, Czech Republic

Company ID No.: 02642301

VAT ID No.: CZ9307080750            

Registered in the trade license register maintained by the Municipal authority of Prague 8

Address for service: Realteus - Tomas Jandecka, River Garden (5th floor), Rohanske nabrezi 678/23, Prague 8, 18600, Czech Republic

Telephone number: +420 228 883 732

Contact e-mail: support@realteus.com

 

as the Seller

and you as the Buyer.

 

1. INITIAL PROVISIONS

1.1. Summary of the content of Commercial Terms and Conditions

With a purchase contract, we undertake to deliver unto you the goods, including software, as stated in the order and you undertake to take over the goods and pay the purchase price to us. For the conclusion of a purchase contract you must place an order and it must be received by us (pursuant to Article 2). Information on prices can be found in Article 3. Possible payment and delivery methods can be found in Articles 4 and 5. Information on software provided together with goods, including acquisition methods, can be found in Article 6. Information on the possibility of withdrawal from the contract upon takeover of the goods is in Article 7. Complaints shall be governed by our Complaint Procedure.

1.2. Is it a consumer contract?

It is a consumer contract if you are a consumer, i.e. if you are a natural person and you are purchasing the goods outside your business activity or independent performance of your profession. In the opposite case it is not a consumer contract and the consumer protection under legislation and these Commercial Terms and Conditions shall not apply to you.

1.3. What governs our mutual rights and obligations?

Primarily they are governed by the contract, which comprises the following documents:

      • these Commercial Terms and Conditions, which define our mutual rights and obligations;
      • the Complaint Procedure, which you will follow when lodging a complaint about the goods;
      • the PrivacyPolicy, which regulates the protection of your personal data;
      • the conditions and instructions stated on the web interface, in particular at the time of the conclusion of the contract;
      • the order and its receipt by us,

and, concerning issues not regulated by the contract, our mutual rights and obligationsshall be governed by the Czech legal order, in particular by the following legislation:

      • Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter only referred to as the ‘Civil Code);
      • Act No. 634/1992 Coll., on Consumer Protection, as amended (provided that you are a consumer).

If your residence or registered office is located outside the Czech Republic, or if our legal relationship includes another international element, you agree that our relationship shall be governed by Czech law. If you are a consumer and the legal order of the state of your residence provides a higher level of consumer protection than the Czech legal order, then such higher protection level shall be provided to you.

1.4. How do you express your consent to the Commercial Terms and Conditions?

By sending an order and further by confirmation on the web interface, you confirm that you have made yourself familiar with these Commercial Terms and Conditions and that you agree with them.

1.5. What should you also know about the Commercial Terms and Conditions?

If any provision of these Commercial Terms and Conditions is or becomes invalid, ineffective or inapplicable, a provision with the closest possible meaning shall be used in its place. The validity of remaining provisions shall remain unaffected.
We may modify or supplement the wording of the Commercial Terms and Conditions. Your rights and obligations shall always be governed by the wording of the Commercial Terms and Conditions which are effective on the day when the rights and obligations originate. The Commercial Terms and Conditions may only be modified or supplemented in writing.

 

2. PURCHASE CONTRACT

2.1. How do we conclude a purchase contract?

After the conclusion of a contract you must send an order in accordance with these Commercial Terms and Conditions and such an order must be received by us. We draw your attention to the fact that the presentation of goods on the web interface is of an informative character and it is not our proposal to conclude a contract within the meaning of Sec. 1732 Sub-sec. 2 of the Civil Code.

2.2. How to place an order?

An order may always be placed by you via the web interface (by completing a form) or in another way which is enabled by us pursuant to the information on the web interface. An order must contain all the information prescribed in the form.

Prior to sending an order via the order form, you will be notified of a recapitulation of the order including the final price (including all taxes, customs and fees).In this recapitulation you have a final possibility to change the entered data.

You place a binding order by clicking on the Complete orderbutton.The data stated in the binding order shall be regarded by us to be true and complete. Notify us of their change forthwith via telephone or e-mail.

 

2.3. Can you cancel or change an already sent order?

An order which has not been received yet by us may be cancelled or changed via telephone or e‑mail. All orders accepted by us are binding. The subsequent cancellation or changes of the order are only possible upon agreement with us. If an order of the goods where it is not possible to withdraw from the contract is cancelled in such a way (for details see Article 7), we shall be entitled to the reimbursement of the costs incurred by us in connection with the contract.

2.4. How do you know that we have accepted your order and when is the contract concluded?

We shall inform you on the receipt of your order. The information on the receipt of your order is sent automatically and it is simultaneously the acceptance of the order by us.

The purchase contract shall be concluded at the moment when the receipt of the order is delivered by us to your e-mail address which you specified in your order. If the receipt of an order does not occur, the contract shall be concluded at the moment when you take the ordered goods over.

2.5. Do you have the possibility to obtain the contract in text form?

The documents forming the contract shall be sent to you via e‑mail or at your request they shall be printed out and sent via mail. In the case of sending via mail, we may request reimbursement of the related costs from you.

We archive the documents forming the contract in electronic form. The contract is not accessible to third parties.

 

3. PRICE

3.1. Can the price on the web interface be changed?

If the price stated next to goods on the web interface or in the course of placing the order is no longer up to date, we shall inform you of that fact forthwith. However, the received orders shall not be affected by a change in the price which occurs in the period between the sending of the order and its receipt by us. 

If an absolutely obvious technical error from our side occurs when stating the price of the goods on the web interface or in the course of placing the order, we shall not be obliged to deliver the goods to you at that absolutely obviously incorrect price.

3.2. May be price discounts combined?

Potential price discounts may not be mutually combined, unless it is expressly stated otherwise on the web interface.

 

4. PAYMENT CONDITIONS

4.1. What payment methods are accepted by us?

The purchase price may be paid by you mainly by the following methods:

      • cashless payment by online payment card via the PayPal service;
      • cashless payment prior to the delivery of the goods by a transfer to our bank account (the instructions shall be provided to you in the confirmation of your order).

Other potential payment methods and potential fees connected with certain payment methods are stated on the web interface.

4.2. When does the purchase price become due?

In the case of cashless payment prior to delivery of the goods the price shall be payable within five days of the receipt of the order, the price is paid at the moment when the relevant amount is credited to our bank account. If we do not receive the price within the payment period, we reserve the right to withdraw from the contract.

4.3. Can we request a deposit or payment in advance?

Take into account that, in accordance with Sec. 2119 Sub-sec. 1 of the Civil Code, we may ask you for payment of the full price for the goods (or a deposit) prior to their sending or handover.

4.4. How do we issue a receipt in connection with the electronic records of sales and tax documents?

By consenting to these Commercial Terms and Conditions, you give us the consent to issue the receipt pursuant to the Act No. 112/2016 Coll., on Records of Sales, as amended, and the tax document in electronic form.

 

5. DELIVERY CONDITIONS

5.1. How do we send the goods?

The methods of delivery of the goods, including the amount of the delivery costs for the goods, are stated on the web interface. You may choose the specific method of delivery of the goods in your order.

The final price shall be always stated in the order, where the price already includes the costs of the chosen mode of transport.

5.2. When do we deliver the goods to you?

The time of delivery of the goods always depends of their availability and on the chosen mode of transport and payment method. However, we may not influence the time of delivery of the goods by external carriers. Contact us in the case of problems concerning the time of delivery and we will solve the situation with the carrier.

The goods which are in stock are regularly dispatched within two business days from the receipt of the order (in the case of sending the goods for cash on delivery or collection in person), or from the crediting of the payment to our account, as the case may be (in the case of the transfer of the payment to our bank account).

The goods which are out of stock are dispatched by us as soon as possible. We shall inform you of the precise date.

The delivery of the goods under these Commercial Terms and Conditions means the moment when the goods are delivered to you. If you refuse to accept the goods without any reason, this fact shall neither be regarded as noncompliance with our duty to deliver the goods nor as your withdrawal from the contract.

The right of ownership to the goods shall be acquired by you when you pay the whole purchase price.

5.3. How to proceed when taking over the goods?

When taking over the goods, check the integrity of the packaging of the goods. If you discover flaws, inform both the carrier and us immediately. If you refuse to take over a consignment with damaged packaging, it shall not be regarded as an unjustified refusal of the goods.

The responsibility for accidental destruction, damage or loss of the goods shall pass to you at the moment of the takeover of the goods (or at the moment when you are obliged to accept the goods, but you do not take them over contrary to the contract).

5.4. What happens if you do not take over the goods?

If, for reasons on your side, it is necessary to deliver the goods repeatedly or by another method other than the agreed one, you shall reimburse us for the costs connected with such a delivery.

If you do not take the goods over without any reason, we shall be entitled to the reimbursement of the costs connected with the delivery of the goods and their storage, as well as other costs which we incur due to the failure to take the goods over.

If you have already paid the purchase price (in the case of payment prior to delivery of the goods), we further have the right to well the goods ourselves according to Sec. 2126 of the Civil Code.

 

6. SOFTWARE PROVISION

6.1. How can I obtain software for the purchased goods?

We shall provide you with two types of software for the purchased goods. The first type (ForceFeel Control Center”)shall be provided together with the goods on a physical medium, or it can be downloaded on the web interface.

The second software type (SimShaker Wheels / SimShaker Wings”) shall be provided to you on a physical medium as well, or you will be able to obtain it on our web interface. However you need an activation key for this software, which shall be sent to your e-mail address according to the procedure described below.

6.2. How do I obtain the activation key?

You shall gain the activation key through the web interface through the authorization system. Upon completion of the relevant form within the authorization system, the activation key shall be sent to the e-mail address specified by you. The precise procedure of gaining the activation key is stated on the web interface. 

6.3. What do I need for the proper operation of software?

For the proper operation of the software your device must meet the conditions stated on the web interface. The second software type (SimShaker Wheels / SimShaker Wings”)must be activated with the use of the activation key.

6.4. What rights to software do I have?

By purchasing the goods, you gain a nonexclusive, territory- and time-unlimited licence to the software. The remuneration for the licence is part of the purchase price.

All the rights to the software (including the name, codes, trademark, software, videos, pictures, graphics, signs, etc.) and to its individual parts are our exclusive property. You may not grant licences, sub-licences, copy, modify or create from the software derivative works. You may not back-translate, decompile or otherwise try to extract the source code of the software or its parts.

6.5. How is the software used?

The use of the software is at your own risk. We shall not be liable for any direct or indirect damage or loss, including the loss of stored data or loss of profit, which is a result of the use of or impossibility to use the software.

We are not responsible for the way you use the software. In particular, we are not responsible for your use of the software contrary to valid legislation and the non-performance or incorrect performance of your legal obligations. You are responsible for your acting in connection with the software and using the software always in accordance with these Commercial Terms and Conditions and valid legislation. Your activity may not be contrary to good morals, public order and it may not restrict the performance of rights of a third person. You may not make the software accessible to any unauthorised third person. You may not sell, grant a licence, lease, assign or make the software accessible to third persons without our previous written consent.

6.6. What shall I do when the software does not work?

If the software does not work properly or if it cannot be put into operation, do not hesitate to contact us through our contact details.

In the case of exercising the rights arising from defective performance, we shall proceed in accordance with our Complaint Procedure

 

7. WITHDRAWAL FROM PURCHASE AGREEMENT

7.1. How can you withdraw from the contract?

You can withdraw from the purchase contract as a consumer without giving any reason within 14 days of the takeover of the goods; if a consignment is divided into a few parts then of the day of the takeover of the last delivery. We recommend you sending the notification of the withdrawal from the purchase contract to our service address together with the goods or via e-mail and to send the goods to our service address immediately afterwards. For withdrawal from the contract, a form template may be used.

7.2. What are the consequences of withdrawing from the contract?

By withdrawing from the contract, the contract shall be cancelled from its beginning and it shall be regarded as never having been concluded.

If a gift was given to you together with the goods with your consent, the donation contract shall cease to be effective by the withdrawal from the contract by any party. Send the gift back to us together with the returned goods.

7.3. What is the method of sending the goods back to us?

You shall return the goods to us within 14 days of the withdrawal from the contract to our service address or to the address of our registered office. Do not send the goods by cash on delivery; we are not obliged to take them over in such a case.

We recommend you including the following with the returned goods:

      • a copy of the delivery note and invoice (if they were issued) or another document proving the purchase of the goods;
      • a written statement on the withdrawal from the contract (on our form or otherwise) and the chosen method of refund.

The non-submission of any of the aforementioned documents shall not prevent a favourable processing of your withdrawal from the contract according to legal conditions.

7.4. May I continue using the software after my withdrawal from the contract?

You may not continue using all the software which was provided to you together with the goods after your withdrawal from the contract. We may also deactivate the concerned software without any compensation.

7.5. When do you get your money back?

We shall return all the received money to you within 14 days of the withdrawal from the contract. However, take into account that we are not obliged to return your money sooner than you return the goods to us or than you prove that you have sent the goods to us.

Apart from the purchase price, you shall be entitled to the reimbursement of the costs of delivery of the goods to you. However, if you chose another method of delivery of the goods than the cheapest one which we offer, we shall reimburse the costs of delivery of the goods in the amount corresponding to the cheapest offered method of delivery of the goods.

We shall return the money to you by the same method as we received it (unless you notify us of another method within ten days of the withdrawal from the contract and unless you incur any other costs thereby), or by the method requested by you.

The costs connected with the sending of the returned goods to our address shall be borne by you, even if the goods cannot be returned via ordinary mail due to their nature.

7.6. What happens if the returned goods are damaged?

When sending the goods, pack them into suitable packaging in order to prevent their damage or destruction.

If we find out that the goods returned by you are damaged, worn out, dirty or partially consumed, you shall be liable for such a decrease in value of the goods.

7.7. When it is impossible to withdraw from the contract?

It is not possible to withdraw from the contract in the cases mentioned in Sec. 1837 of the Civil Code.  

7.8. When may we withdraw from the purchase contract?

We reserve the right to withdraw from the contract in the following cases:

      • We have not received the purchase price from you by the due date or you have not taken the goods over;
      • It is not possible to deliver the goods for objective reasons (mainly because the goods are no longer produced, the supplier ceased to deliver to the Czech Republic, etc.) under original conditions;
      • The performance becomes objectively impossible or unlawful.

    If any of the aforementioned facts occurs, we shall inform you on the withdrawal from the contract without delay.

    If you have paid the purchase price in full or partially, we shall return the received amount within five days of the withdrawal from the contract, by cashless payment to the account which is notified by you to us for that purpose or from which the payment was made.

     

      8. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

      Your rights arising from defective performance shall be governed by the relevant generally applicable legislation (in particular by the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and, if you are a consumer, Sections 2158 to 2174 of the Civil Code). In the case of exercising of the rights arising from defective performance, we shall proceed in compliance with our Complaint Procedure.

       

        9. FURTHER INFORMATION FOR CONSUMERS

        9.1. What licences do we have for the performance of our activity?

          We are authorised to sell the goods based on our trade licence. Our activity is not subject to any other authorisation.

          9.2. How do we process complaints?

          We process potential complaints via our contact e-mail. You can further contact the competent trade licence authority or the Czech Trade Inspection (Česká obchodní inspekce).

          9.3. What are your rights in the case of a consumer dispute?

          If you are a consumer and a dispute arises out of the contract between us, which we do not manage to solve directly, you have the right to contact the Czech Trade Inspection (Česká obchodní inspekce) concerning the dispute (address: Česká obchodní inspekce, Ústřední inspektorát - oddělení ADR, Štěpánská 15, 120 00 Prague 2; web interface: www.coi.cz,www.adr.coi.cz; electronic contact: adr@coi.cz; telephone: +420 296 366 360) or the Association of Czech Consumers (Sdružení českých spotřebitelů, z. ú.) (address: Tř. Karla IV. 430, 500 02 Hradec Králové, web interface: www.konzument.cz, electronic contact: spotrebitel@regio.cz, telephone: +420 495 215 266)for the purpose of an out-of-court settlement of the consumer dispute.You may assert this right no later than within 1 year of the day when you first asserted the right which is the subject matter of the consumer dispute against us.

          For lodging a complaint concerning goods or services which were purchased from us by you, and for searching for an entity of alternative settlement of disputes, you may also use the on-line platform which has been established by the European Commission on the address: http://ec.europa.eu/consumers/odr/.

           

            10. REGISTRATION ON THE WEB INTERFACE

            10.1. How can you register yourself on the web interface?

            By registering via the registration form on the web interface, the user account is established. Keep the login data for your user account a secret. We shall not be responsible for potential misuse of the user account by a third party.

            Information stated when registering must be true and complete. An account which was established with the use of untrue or incomplete data may be cancelled by us without any compensation. In case of changes in your data, we recommend you to carry out their immediate modification in your user account.

            10.2. What does the user account serve for?

            Through the user account you may mainly order goods, follow your orders and administer the user account. Potential other functions of the user account shall be always stated on the web interface.

            10.3. When may we cancel your user account?

            Take into account that we have the right to cancel your user account without any compensation if good morals, valid legislation or these Commercial Terms and Conditions are being infringed through your user account.

             

              11. PROTECTION OF COPYRIGHTS, RESPONSIBILITY AND USE OF THE WEB INTERFACE

              11.1. Is the content of the website protected by copyright?

              The content of the website located on the web interface (texts including Commercial Terms and Conditions, photographs, pictures, logos, program equipment and others) is protected by our copyright or by rights of third parties. You may not modify, copy, reproduce, and distribute the content or use it for any purpose without our consent or the consent of the person possessing the copyrights. In particular, you may not make accessible the photographs and texts located on the web interface free-of-charge or for consideration.

              The names and designations of products, goods, services, firms and companies can be registered trademarks of the relevant owners. 

              11.2. Responsibility and use of the web interface

              We are not responsible for errors arisen due to interference of third parties in the web interface as a result of its use contrary to its purpose. When using the web interface, you may not use methods which could interfere in the operation of the system or task the system inadequately.

              If you act unlawfully or unethically when using the web interface, we may restrict, suspend or terminate your access to the web interface without any compensation. In such a case you shall be further obliged to compensate us in the full amount for damage which demonstrably arises due to your acting pursuant to this paragraph.

              Take into account that by clicking on certain links on the web interface the web interface may be left and you may be redirected to websites of third entities. 

               

              These Commercial Terms and Conditions shall be valid and effective as of October 11, 2018.