I. INTRODUCTORY PROVISIONS
This Complaints Procedure is governed by the relevant provisions of the Civil Code, Act No. 40/1964 Coll., As amended, and further specifies and specifies the rights and obligations of the seller, which is the company Nanospol, sro, Bohunická 238/67, 619 00 Brno, Company ID No .: 28271068, Tax ID No .: CZ28271068, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 57641 (hereinafter referred to as the "Operator") and the Buyer (Customer, Consumer). All contractual relations are concluded in accordance with the laws of the Czech Republic. If the consumer is a party to the contract governed by relationships not regulated by the commercial conditions of the Civil Code (No. 40/1964 Coll.) And the Consumer Protection Act (No. 634/1992 Coll.). If the contracting party is an entrepreneur, relations not regulated by the business conditions are governed by the Commercial Code, No. 513/1991 Coll., All as amended.
The Complaints Procedure applies to goods for which the rights of the Buyer for liability for defects are asserted during the warranty period.
II. ACCEPTANCE OF GOODS
A buyer who is a consumer
The buyer must inspect the goods immediately upon receipt in the presence of the carrier.
If there are obvious defects of the goods, which are considered to be all defects detectable upon receipt of goods, the buyer is obliged to make a record of damage with the carrier. In this case, the Buyer is entitled not to take over the goods. The buyer is also obliged to check the completeness of the product documentation.
Obvious defects, the buyer immediately complains to the seller. However, the condition of such a complaint is the submission of a record of damage to the goods during transport signed by the carrier.
A buyer who is not a consumer should, in his / her own interest, take similar steps in taking over the item as a buyer who is a consumer. It prevents possible inconvenience in the complaint due to damage to the goods during transport, the buyer by signing the shipping note confirms the external integrity of the shipment. The prerequisite for not damaging the goods during transport is primarily the external integrity of the delivered consignment.
III. WARRANTY CONDITIONS
If after the goods takeover by the buyer defects of the goods within the warranty period, the buyer is entitled to lodge a complaint.
The warranty period is governed by the applicable provisions of the Civil Code and is 24 months, with the exceptions stipulated by the relevant legislation.
The warranty period is extended by the period during which the goods were under warranty repair. In the case of replacement of goods, the buyer receives a new warranty of 24 months or until the warranty period of the original goods, if it is longer.
The consumer has:
in the case of a removable defect, the right to free, proper and timely removal of the defect, the right to exchange defective goods or defective parts, if this is not disproportionate due to the nature of the defect, and if such procedure is not possible, or withdraw from the purchase contract
if the defect is irremovable preventing the proper use of the goods, the right to exchange defective goods or withdraw from the contract
in the case of defects removable in large numbers or repeatedly and impede the proper use of the goods, the right to exchange defective goods or withdraw from the contract of sale
in the case of other irremovable defects and does not require replacement, the right to a reasonable discount on the purchase price or withdraw from the contract
Contractual warranty: The seller can provide an extended warranty on the goods. In such a case, the conditions and scope thereof shall be specified in the guarantee certificate.
IV. RETURNED GOODS
The consumer has the right pursuant to § 53, paragraph 7 of the Civil Code to withdraw from the contract concluded at a distance within 14 days of receipt of goods, except in cases explicitly referred to in paragraph 8 of the same provisions of the Civil Code. Before sending the goods to the supplier's address, it is necessary to send (by email, fax or a separate or attached letter) formal withdrawal from the contract with the order number. Withdrawal from the contract must be delivered to the seller no later than the last day of the statutory 14-day period from receipt of the purchased item. If the consumer chooses to do so, he must return the undamaged goods, without any signs of use or wear, in the original undamaged package to the seller at the same time as the withdrawal or without undue delay after sending it. The seller is only entitled to reimbursement of the actual costs incurred in returning the goods, if such costs actually incurred and the seller will be able to prove them. We would like to ask you to provide a possible reason for returning the goods (it is not required by law and does not make it a condition for returning funds for the price of the goods). This will help us to improve our services. Thank you very much. Upon receipt of the returned goods, the money for the goods, except for postage (freight), will be sent to the buyer's address or by bank transfer to the buyer's account no later than the statutory deadline (§ 53, paragraph 10). immediately after the physical receipt and inspection of the goods. It is not possible to return the goods by cash on delivery and all such consignments are immediately rejected and returned to the sender.
V. DISPUTE WITH THE PURCHASE CONTRACT
If the defect becomes apparent in the first 6 months after the acceptance of the performance, it shall be deemed to have already existed at the time of the acceptance of the thing, unless it proves otherwise or does not contradict the nature of the matter. In such a case, the buyer, if he is a consumer, has the right to choose a removable defect in addition to the standard warranty repair and also in exchange for a perfect one. If such action is not possible, the buyer / consumer is entitled to a reasonable discount or may withdraw from the contract. This does not apply if the consumer knew or caused the conflict with the sales call. VI. Complaint handling
In the case of defects that occur during the warranty period, the goods are claimed directly at authorized service centers. The list of authorized service centers is attached to the manual or is part of the warranty card. The list of authorized service centers will also be provided by the Seller upon the Buyer's request.
Complaints can also be lodged with the supplier of defective goods.
The buyer proves the origin of the goods in the warranty repair by submitting proof of purchase and warranty certificate. If he is unable to submit these documents, he is obliged to prove the conclusion of the purchase contract in another demonstrable manner.
Complaints, including the removal of defects, must be settled without undue delay, no later than 30 days from the date of the claim, unless the supplier and the buyer expressly agree on a longer period. After the expiry of this period, the Buyer shall be granted the same rights as if it were an irremovable defect.
If the goods need to be sent to the supplier or service center, the buyer shall deliver the defective goods to the supplier's authorized service or facility at his own expense and risk. In his own interest, the buyer keeps the goods packed in suitable and sufficiently protective packaging material meeting the requirements of transport and fragile goods and marks the consignment with the appropriate symbols. Goods must be in their original packaging or packaging to prevent damage to the goods in transit, in complete condition and all other accessories. The buyer proves the origin of the goods by submitting a proof of purchase and a guarantee certificate or other document proving the realization of the purchase.
After proper processing of the complaint, the authorized service will ask the buyer to take over the repaired goods.
In case of multiple justified claim (3x justified claim of the same defect or 4x different) the customer is entitled to exchange for a new piece or refund the purchase price in full. The goods must be returned in a complete package, including all accessories, which was part of the delivery, with a warranty card, which lists all justified claims, respectively. relevant service cards for individual complaints. If the customer wants to withdraw from the purchase contract, he must state this in writing when claiming the goods (the third defect the same or the fourth different).
If an irremovable defect of the goods is found (based on a written assessment by an authorized service center, if required by the nature of the goods), the buyer has the right to exchange the goods or has the right to withdraw from the contract.
The warranty does not cover wear and tear of the goods (or parts thereof) caused by use. The warranty period for all persons using the goods for the purpose of doing business under the Commercial Code is not stipulated by the Civil Code and is determined on the basis of an agreement with the buyer - entrepreneur or warranty certificate.
VII. SCOPE OF WARRANTY
The warranty expires in the following cases:
failure to observe the conditions for professional installation with installation or if it was performed by a company not authorized for this activity,
use of the goods in conditions that do not meet the parameters specified in the documentation for the goods,
The warranty does not cover:
damage caused by a natural disaster, weather, mechanical damage, electrostatic charge,
defects caused by improper operation, failure to observe the operating instructions and insufficient maintenance,
Damage caused by the connection to the network not complying with the relevant CSN
Whenever a service technician visits the buyer, a report must be made of the defects found and the form of their removal. Without this protocol, the visit of the service technician is not taken into account.
These Complaints Procedure Rules are valid from November 13, 2007 and fully replace the previous provisions.