Complaints and Refunds
WITHDRAWAL FROM THE CONTRACT
The User agrees to and requests the provision of the service and digital content by the provider. This consent is given in accordance with the provisions of Sections 1823 and 1837 of the Civil Code. The User requires that the digital content be delivered before the expiration of the withdrawal period under Section 1820 (1) of the Civil Code.
The Customer acknowledges that if they enter into a distance contract (via the internet or an application), they have the right to withdraw from the contract without giving a reason within 14 days from the date of concluding the contract. However, if the consumer expresses consent to the provision of the service or the delivery of digital content before the expiration of this period, they do not have the right to withdraw from the contract.
Regarding digital content, there is no right to withdraw from the contract if it was delivered before the expiration of the withdrawal period and was not delivered on a tangible medium. If the consumer withdraws from the contract, but the provider has already started performance based on the consumer's explicit request, the consumer must pay a proportionate part of the agreed price.
Delivery of digital content here means sending an email with the necessary information to start the game, not the user starting or completing the game. Therefore, the user has the right to withdraw from the contract only if the performance in the form of digital game content has not yet been delivered to them via the web application. However, the user still has the right to complain about purchased goods in case of digital content (Game) malfunction.
For the purpose of exercising the right of withdrawal, the consumer must inform the provider of their withdrawal from the contract by means of a unilateral legal act (e.g., a letter sent via postal services to the provider's registered office address or an email to info@utekari.cz). In such cases, the consumer must clearly state that they are withdrawing from the contract and provide the provider with the order number.
To withdraw from the contract, the withdrawal must be sent before the expiration of the specified period. If the contract is withdrawn from, the contract is cancelled from the beginning, and the Provider must immediately cease providing the service and refund the money to the user. Regarding the withdrawal from the contract by users who are not consumers, the general provisions of the Civil Code apply.
The Provider may withdraw from the contract in case of unavailability of services, significant changes, force majeure, failure to deliver services within the specified period or price, and in case of obvious verbal or numerical errors in the price of services.
If the Provider withdraws from the contract, they must inform the Customer and return all funds realized under the contract.
RIGHTS FROM DEFECTIVE PERFORMANCE (COMPLAINTS)
This article applies only to the consumer's rights regarding defective performance. For users who are not consumers, other provisions of the Civil Code apply.
The provider and the consumer have obligations and rights relating to defective performance determined by generally binding legal regulations. If services or digital content are not delivered in accordance with the contract, they are defective. In such a case, the provider must resolve the defect. If the consumer reports a defect later than two years after the service was provided, the right to claim for defective performance may not be recognized.
If the provider sells digital content (in our case, the Game), it must have the properties agreed upon between the parties, or properties described by the provider or manufacturer.
Unless otherwise agreed, the digital content must have the properties expected by the customer based on its nature, the Provider's advertising, or the offered trial game.
Digital content must be suitable for the purposes stated by the provider, or for the purposes for which digital content is usually used. The quantity and quality of digital content must be appropriate.
If digital content is provided at a lower price, it is possible that the above provisions will not apply if the price was reduced due to a specific defect. If a defect appears within six months of acceptance, it is presumed that the defect existed at the time of acceptance.
If the performance does not have the corresponding and expected properties according to the GTC, the customer may also demand new performance without defects, if this is not disproportionate to the nature of the defect. If the defect concerns only a part of the performance, the user may demand only the replacement of part of the performance or, if not possible, may withdraw from the contract. However, if this is disproportionate to the nature of the defect, especially if the defect can be removed without undue delay, the customer has the right to free removal of the defect, provision of new performance, or a reasonable discount. The customer may also request a reasonable discount if the Provider cannot deliver new performance without defects.
The customer is obliged to report the defect in the Provider's performance without undue delay after encountering such a defect, in writing to the Provider's address or electronically via email:
A user who has a legitimate right to complain about defective performance also has the right to reimbursement of costs incurred in exercising this right. The right to complain does not exclude the right to compensation for damages, but the user cannot claim compensation for the same matter on another legal ground.
The Provider must confirm the complaint and its content, the requested resolution, and then also the date and method of handling the complaint, including any justification for rejecting the complaint, in writing or by email. The Provider must decide on the complaint immediately, in complex cases within three working days, and the complaint must be handled without undue delay, no later than 30 days from the date of filing the complaint. If the complaint is rejected, the user must be informed of the reason for the rejection within the same 30-day period.
Comprehensive General Terms and Conditions can be found on our website HERE.