Warranty & Claim Policy
1. PRELIMINARY PROVISIONS
1.1. The Warranty & Claim Policy forms an integral part of the general terms and conditions (GTC) of the Seller - Varmego s.r.o., Co. Reg. No.: 8002401, Tax Reg. No.: CZ8002401, with registered office at Korunní 2569/108, 10100 Prague 10, (the "Seller") and applies to goods (the "Goods"), describing the procedure for exercising rights established by defective implementation (hereinafter "Claims").
1.2. With regard to the legislation in force, in some cases, a distinction is made between a consumer - purchaser, and a purchaser who in the entering into and implementation of a contract acts within the framework of his/its commercial or other business activity.
1.3. The Warranty & Claim Policy is in accordance with Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll., on consumer protection. Any issues not governed by the Warranty & Claim Policy shall be governed by Czech law.
1.4. The Purchaser is obliged to become familiar with the Warranty & Claim Policy and General Terms and Conditions before ordering any goods. By entering into a Purchase Agreement the Purchaser agrees with this Warranty & Claim Policy. In case of conflict of any definition or provision in accordance with this Warranty & Claim Policy with the wording of the General Terms and Conditions, the wording of the Warranty & Claim Policy shall take precedence.
1.5. The rights and obligations of the Contracting Parties in respect of liability of the Seller for defective implementation shall be governed by the relevant generally-binding legal regulations (in particular the provisions of Sec. 1914 to 1925, Sec. 2099 to 2117 and Sec. 2161 to 2174 of the Civil Code), unless stated otherwise within the Warranty & Claim Policy.
2. LIABILITY FOR DEFECTS WHEN ACCEPTING GOODS
2.1. 1. The Seller is responsible in respect of the Purchaser - consumer for the goods sold being free of defects at the time of receipt of the goods by the Purchaser in accordance with the Purchase Agreement. In accordance with the Purchase Agreement shall mean that the item sold is of the quality and has the properties required by the Agreement, described by the Seller, manufacturer, or a representative, or expected on the basis of their advertising, or the quality and properties which are usual for an item of the same kind, that it meets the requirements of legal regulations, is in the appropriate quantity, measure or weight and corresponds to the purpose of use stated by the Seller or for which such item is normally used.
2.2. The Purchaser - consumer is in accordance with Sec. 2165, Para. 1 of the Civil Code entitled to exercise rights due to defects which occur in respect of the goods within 24 months after their receipt. This shall not apply
2.3 in respect of goods sold at a lower price due to a defect for which such lower price was agreed upon, to wear and tear of the goods caused by ordinary use, in case of used goods to defects corresponding to the degree of use or wear and tear, which the goods showed at their receipt by the Purchaser, or if such follow from the nature of the goods.
2.4. When purchasing second-hand consumer goods within the meaning of Sec. 2168 of the Civil Code, the period for exercising of the rights from defective implementation pursuant to Para. 2 shall be reduced to half of the statutory period.
2.5. If the Purchaser is the consumer, it applies that if a defect shows within six months of receipt of the goods, it shall be considered that the goods were already defective upon receipt.
2.6. Liability of the Seller for defects upon receipt of the goods in respect of the Purchaser, who in the entering into and implementation of the Agreement acts within the framework of his/its commercial or other business activities is governed by the relevant provisions of the Civil Code, especially Sec. 1914 to 1925, § 2099 to 2112 of the Civil Code.
3. GUARANTEE OF QUALITY
3.1. The Seller provides a guarantee of quality, by which it undertakes that the goods will be for a certain period eligible for use for the usual purpose or that it will retain its usual properties. The warranty period begins to run on the date of receipt of the goods by the Purchaser.
3.2. The warranty period in respect of a Purchaser - consumer amounts to twenty-four (24) months, but in respect of a Purchaser who in the entering into the Agreement acts within the framework of his commercial or other business activity, the warranty period is only twelve (12) months. An exception here may represent goods sold at a discount (damaged goods, used, incomplete, etc. - such characteristics, including the shortened warranty period is expressly provided for such goods and thus the thus stated warranty period takes precedence).
3.3. The provisions set out in Art. III, Para 2 shall not apply (the warranty does not apply to such defects) to goods sold at a lower price due to a defect for which such lower price was agreed upon, to wear and tear of the goods caused by ordinary use, in case of used goods to defects corresponding to the degree of use or wear and tear, which the goods showed at their receipt by the Purchaser, or if such follows from the nature of the goods.
3.4. A documentary form of guarantee for the product (warranty) is issued by the Seller in respect of every item purchased (invoice or receipt; hereinafter referred to as the "warranty"), containing all the statutory data required for the application of the warranty (especially the name of the goods, warranty period, price, quantity , serial number). At request of the Purchaser, the Seller shall provide a guarantee in writing (warranty).
3.5. The Seller may extend the guarantee period specified in paragraph. 2. The warranty period is always specified on the warranty card. The warranty period is further extended by the period during which the goods were subject to a complaint procedure.
3.6. The Purchaser shall exercise his rights under the guarantee without undue delay after having had the opportunity to determine that the goods are defective. The Seller is not responsible for any increase in the extent of damage, if the Purchaser uses the goods, despite being aware of the defect.
4. FILING A COMPLAINT
4.1. The Purchaser has a right to file a complaint in person with the Seller, at any of its business premises in which accepting of a complaint is possible taking into account the type of goods sold, or possibly at its registered office or place of business. A complaint may also be filed with the person designated for such within the warranty card ("authorised service and repair shop").
4.2. Should the exercise of rights from defects cause considerable difficulties on the part of the Purchaser, especially because the goods cannot be transported to the site where a claim ma be made in a conventional manner, or it concerns goods which form a component of a bigger item, the Seller shall assess the defect upon agreement with the Purchaser either on site or in another manner. The Purchaser is in this case obliged to provide the Seller with the assistance necessary.
4.3. If the goods are posted to the Seller or an authorised repair shop, the Purchaser shall in his own interest make sure that the goods are packed in an appropriate and sufficiently protective packaging material meeting the requirements for transportation of fragile goods, inclusive of all accessories, and appropriately identified the consignment. It is advisable to attach a copy of the receipt of purchase, a detailed description of the defect and sufficient contact information of the Purchaser (esp. the return address and phone number). Without the aforestated particulars, identification of the origin and defect of the goods is not possible.
5. V. WARRANTY TERMS AND CONDITIONS
5.1. The Purchaser is obliged duly to check and inspect the goods when accepting the goods. In the event that the Purchaser determines any defects of the goods, he shall notify the Seller without delay.
5.2. If the goods are delivered by courier or by another carrier, the Purchaser is obliged to check before confirming the intact state of the packaging by his signature and in case of any doubts whether the consignment is defective, he has the right to refuse to accept any incomplete or damaged consignments. A Purchaser, who by his signature confirms in the documents of the carrier receipt of a consignment FREE OF DEFECTS shall not be entitled to make an additional complaint in respect of goods damaged in transit. Complaints in respect of goods damaged in transit are governed by the Complaints Procedure of the carrier and the relevant provisions of the Civil Code. Any thus caused defects cannot be subject to a claim with the Seller. The exception here is mechanical damage to the goods which upon receipt of the consignment was not evident even when thoroughly inspected.
5.3. Before the first use of the goods, the Purchaser is obliged duly to read the warranty terms, including the respective user manual (operating instructions). In case of use of the goods in breach with the user manual (operating instructions) the Purchaser shall be liable for any consequences arising thereby, and any subsequent complaint in respect of any such shall not be accepted.
5.4. The Purchaser is obliged to demonstrate that he has a right to a claim, in particular, to demonstrate the date of the purchase, either by submitting the bill of purchase, the warranty card, or by another reliable manner. In the event that the goods had already been subject to a claim under warranty, the purchaser shall also submit a proof of warranty claim. The acquisition document (purchase receipt or warranty claim document) must bear an identical serial number as the claimed goods (if the goods have a serial number).
5.5. The Purchaser acknowledges that the products and components that are not independently forming a functional whole, require expert installation for their functionality and are not intended for use by persons with a lowered perceptual, physical or mental ability (including children) and persons with insufficient qualifications. The Seller does not guarantee full compatibility of the components sold with other components not approved by the Seller and is not responsible for the overall functionality of a device assembled from such individual components.
5.6. Any goods transmitted in a complaint procedure shall be tested only for the defect claimed by the Purchaser (in a complaint form or an attached document containing a description of the defect). The Seller requires the description of a defect to be provided in writing.
5.7. The Seller reserves the right to refuse acceptance of goods for a complaint in cases where the claimed goods and / or its components are dirty or do not meet the basic requirements for hygienically safe delivery of goods for the complaint procedure.
5.8. The Purchaser is always obliged, regardless of whether he exercised any claim of liability for defects, to make good to the Seller the purchase price in full within its due time limit.
5.9. The Purchaser acknowledges that in the case of exchange of goods within the framework of a claim settlement a new deadline for the exercise of rights from faulty implementation shall not run.
5.10. The due time limit for the exercise of rights due to defects cannot be considered for determining the useful life of the goods; this differs with regard to properties of the goods, correct maintenance and intensity of use of the goods.
6. EXCLUSION OF LIABILITY FOR DEFECTS
6.1. The Seller is not responsible for defects caused by use of an improper, faulty or illegal software, incorrect consumables, nor for any damage incurred as a consequence of any such, if such use is not common, though not excluded by the accompanying user manual or operating instructions. Furthermore, the Seller is not liable for defects caused by incorrect operation, inexpert or inappropriate treatment, use and installation in contradiction with the user manual or operating instructions, or damage by effects of surges in the grid (e.g. lightning), with the exception of normal variations.
6.2. The Seller is not liable for damage to goods or property and health incurred by the Purchaser or third parties, by failure to comply with the prescribed procedures for use of the goods, technological processes, instructions for use, improper handling of the goods, installation or use, etc.
6.3. By breaking the protective seals, informative labels or serial number, which form an integral part of the goods sold, the Purchaser runs a risk of rejection of the complaint, unless damage occurs during normal use.
6.4. The Seller shall furthermore not be responsible for damage caused by:
- normal wear and tear of goods as a result of normal use,
- mechanical damage of goods,
- use of goods in conditions which do not correspond as to the temperature, dust levels, humidity, chemical and mechanical influences of the environment to those expressly specified by the Seller or the Manufacturer,
- interruptions or surges in the electrical power network or usage of power supply outwith the nominal value,
- inexpert installation, handling, operation or neglect of care for the goods, entering of foreign matter (dust, water, etc.)
- excessive load or use of the goods in violation of the conditions specified in the documentation or general principles,
- unqualified intervention or changes of parameters,
- adaptation of the goods by the Purchaser, if the defect arose due to such adaptation,
- natural forces or force majeure
- erroneously performed upgrade of BIOS, firmware, etc.,
- effect of computer viruses.
7. VII. PURCHASER'S RIGHTS DUE TO DEFECTS COVERED BY QUALITY GUARANTEE
7.1. If the complaint for defects covered by the warranty is justified, the Purchaser is entitled to delivery of new goods free of defects, unless such would be disproportionate with respect to the nature of the defect. If the defect affects only part of the goods, the Purchaser is entitled to demand a replacement of only such a component; if such is not possible, the Purchaser may withdraw from the Purchase Agreement and request a refund of the purchase price. If, however, this is disproportionate due to the nature of the defect, especially if the defect may be removed by a repair, the Purchaser shall only be entitled to a free-of-charge removal of the defect.
7.2. If the Purchaser does not withdraw from the Agreement and does not apply the right to be delivered new goods free of defect, or the right for a replacement of its part or a repair, he may request a commensurate discount on the purchase price. The Purchaser has the right to an adequate discount even in a case where the Seller cannot deliver new goods free of defects, replace the part or repair the goods.
7.3. The Purchaser is not entitled to file a complaint in respect of a defect which had already been claimed and an adequate discount of the purchase price was duly provided.
8. VIII. PROCESSING OF CLAIMS
8.1. A claim, inclusive of removal of defects, shall be handled by the Seller without undue delay, within thirty (30 days) from the date of the claim at the latest. A period of thirty (30) days may be extended after a claim upon agreement with the Purchaser. This period is not binding in respect of a Purchaser - entrepreneur, if the claim is decided no later than sixty (60) days from the date of the claim.
8.2. The period for settlement of claims is suspended if the Seller did not receive all of the supporting documents necessary for the settling of a claim (parts of the goods, other supporting documentation etc.). The Seller is obliged to request completion of supporting documentation by the Purchaser within the shortest possible time. The due time limit shall be suspended from that date until delivery of the required documents by the Purchaser.
8.3. The Purchaser is obliged to inform the Seller which right he selected at notification of a defect or without undue delay after notification of the defect.
8.4. The Seller shall issue a written confirmation to the Purchaser - consumer of when the claim was made, what is its content, what method of claim settlement is required, furthermore a confirmation of the date and method of settlement of the claim, inclusive of confirmation of completion of the repair and duration of the claim procedure, or justification for rejection of the claim.
8.5. If a service technician of the Seller visits the Purchaser, a protocol shall be drawn up on any identified defects and the form of their removal. The Purchaser duly acknowledges that in such a case the Purchaser shall pay the transportation costs of the service technician on the spot, in accordance with the current price list of the Seller. This sum shall be subsequently refunded to the Purchaser, if the claim is recognised as being justified.
8.6. In the event that during a visit of a service technician the Purchaser requires also a paid repair, within the framework of the claim, or other interference with the goods, not subject to the claim procedure, the Purchaser shall pay remuneration of the service technician and the transport costs of the service technician on the spot, according to the current price list of the Seller. Half of the paid sum of the transport costs shall be subsequently refunded to the Purchaser, if the claim is recognised as being justified. The second half of the transport costs shall be borne by the Seller. Before performing a paid repair, the Purchaser shall be informed on the cost of the repair, its extent and the time required for its implementation. A paid repair may only be performed upon granting of an express consent by the Purchaser.
8.7. The Purchaser is entitled to reimbursement of necessary costs (especially postage paid when shipping the claimed goods) incurred in connection with exercise of legitimate rights from liability for defects, which were effectively and efficiently expended.
8.8. In the case where a claim is unjustified the Purchaser shall be charged a handling fee according to the current price list and the goods shall be sent at the expense and risk of the Purchaser to the address stated by the latter, unless otherwise agreed.
8.9. The Purchaser is obliged to accept the claimed goods within 30 days from the date when the claim should have been settled at the latest, after this time, the Seller is entitled to charge a reasonable storage charge or to re-sell the goods at the account of the Purchaser. This procedure shall be notified by the Seller to the Purchaser in advance, also providing the latter with a reasonable additional period of time for acceptance of the goods.
9. FINAL PROVISIONS
This Warranty & Claim Policy is valid from 1.4.2019
This Warranty & Claim Policy is available at the registered office and at business premises (place of business) of the Seller in its documentary form at www.varmego.cz, www.uniz.cz, www.uniz.tech
Contact details of the Seller:
Varmego s.r.o., Korunní 2569/108, 10100 Prague 10
http://www.varmego.cz, contact email: firstname.lastname@example.org
Warranty & Claim Policy