business company GP novum s.yearO, ID number: 28155483, VAT number: CZ28155483, with registered office at Riegrova 1756/51, České Budějovice 370 01, registered at the Regional Court in České Budějovice
1. INTRODUCTORY PROVISIONS
1.1 This complaint procedure, hereinafter referred to as RŘ, trading company GP novum s.yearO, ID number: 28155483, VAT number: CZ28155483, with registered office at Riegrova 1756/51, České Budějovice 370 01, registered at the Regional Court in České Budějovice (hereinafter referred to as the "seller"), regulates the procedure for claiming goods purchased from the seller.
1.2 The buyer is obliged to familiarize himself with the RŘ and the General Terms and Conditions (hereinafter referred to as "T&C") before purchasing the goods and undertakes to follow them. At the same time, the buyer acknowledges that he is obliged to provide the seller with the necessary cooperation necessary for handling the complaint, otherwise the deadlines will be adequately extended by the time during which the buyer did not provide the required cooperation. RŘ and GTC are published on the seller's website at www.stillchill.cz.
1.3 The definitions of terms contained in this RŘ take precedence over the definitions in the General Terms and Conditions. If this RŘ does not define the term, it is understood in the sense in which it is defined in the General Terms and Conditions. If it is not defined there either, it is understood in the sense in which it is used by legal regulations.
2. WARRANTY LENGTH
2.1 The warranty period begins on the day the buyer receives the goods.
2.2 When selling non-food goods, the legal warranty period is 24 months, unless a special legal regulation stipulates a longer period. This adjustment does not apply to goods sold at a reduced price (damaged, used, incomplete goods, etc.) The buyer is always informed of the fact that the sale involves goods sold without a legal guarantee in the sense of the previous sentence before concluding the purchase contract. When selling used goods, the seller is responsible for defects beyond the extent of their use or wear and tear, which the goods showed at the time of their acceptance by the buyer, with the understanding that the buyer's rights regarding goods defects expire in this case after 12 months have passed until the acceptance of the goods. The buyer is always informed of the fact that product defects can only be claimed within a 12-month period before concluding the purchase contract. For items sold at a lower price due to incompleteness or due to a defect, the warranty does not apply to defects for which a lower price was negotiated. In the case of food, by the date of use or minimum shelf life, or until the time by which the goods are to be consumed, if the conditions for their storage have been observed by the Buyer and if the food has not been opened, except in cases where this is necessary to detect a defect. Exceptions are those foods for which the indication of a minimum shelf life is not required by law (fresh fruit and vegetables, bakery products intended for consumption within 24 hours after production, chewing gum, lemonades, fruit juices, spirits and other alcoholic beverages with an alcohol content of 10 or more volumes percentage etc.) and those foods that are offered after the expiry of the minimum shelf life and marked as expired when other legal conditions are met - for these products, the Buyer is entitled to exercise his rights from defects no later than the day after purchase, unless the Seller expressly stipulates otherwise. This provision applies similarly to user items on which the shortest shelf life is marked, or to perishable items on which the time for which the item can be used is marked.
2.3 The warranty period is extended by the time during which the complaint procedure runs. The buyer acknowledges that in the case of exchange of goods due to the handling of a complaint, there is no new deadline for exercising rights from defective performance. In this case, the period ends 24 months after the receipt of the original (claimed) goods.
2.4 The deadline for exercising rights from product defects cannot be considered as determining the product's lifespan, it varies with respect to the product's properties, its maintenance, intensity of use, compliance with instructions
2.5 In the case of settlement of a complaint in the form of an exchange of goods, there is no new period, the period starting from the day of acceptance of the goods by the buyer is decisive.
3. QUALITY UPON RECEIPT
The seller guarantees to the buyer that the item has no defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the item:
3.1 the item has the properties agreed upon by the parties, and if there is no agreement of such properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and based on the advertising carried out by them,
3.2 the item is suitable for the purpose that the seller states for its use or for which the item of this type is usually used,
3.3 the thing is in the corresponding quantity, measure or weight,
3.4 the thing complies with the requirements of legal regulations,
3.5 if a defect becomes apparent within six months of acceptance, it is considered that the item was already defective upon acceptance by the buyer, unless the seller proves otherwise.
4. WARRANTY CONDITIONS
4.1 INSPECTION OF GOODS ON ACCEPTANCE
4.11 The buyer undertakes to check the condition of the goods, their completeness and undamaged packaging immediately after taking over.
4.12 The buyer will also check the completeness of the goods on the day of receipt, especially that the package contains everything it should contain.
4.13 All discrepancies must be reported immediately on the day of acceptance by e-mail to the address: firstname.lastname@example.org
4.14 An additional objection of incompleteness or external damage to the shipment does not deprive the buyer of the right to claim the item, but the buyer bears the burden of proof of proving a contradiction with the purchase contract.
4.15 The place for making a complaint is the seller's registered office at the address: GP novum s.yearO, Riegrova 1756/51, České Budějovice 370 01
4.16 The buyer can also send the claimed goods by transport service to the address of the seller's registered office.
4.17 The claimed goods should be thoroughly secured so that they are not damaged during transport, the package must be visibly marked with the word "CLAIM" and contain: the claimed goods including complete accessories, a copy of the purchase receipt or warranty card, or the buyer notes the exact date and time and value of the purchase, or a statement from the bank account where the purchase can be clearly seen, a detailed description of the defect and sufficient contact details of the buyer, including his address and telephone number. If the specified complaint procedure is not followed, the complaint procedure cannot be handled properly.
4.18 We also recommend choosing the desired method of handling the complaint (repair, exchange, credit).
4.19. The buyer proves the validity of the warranty by presenting (or documenting) the purchase document or a bank account statement, if the goods have already been complained about in the past, he will also attach (or document) the proof of settlement of the earlier complaint. If the claimed product has a serial number, it must match the number shown on the attached documents.
4.110 The buyer is aware that if he does not deliver the claimed goods, including all accessories received, then in the event of the buyer's withdrawal from the contract, the purchase price will be returned to the buyer, reduced by the price of the undelivered accessories.
4.21 The buyer acknowledges that the seller does not guarantee the full compatibility of the sold goods with other goods, unless their functionality has been expressly requested by the buyer and confirmed by the seller. In the event that the seller explicitly states a list of compatible or incompatible accessories for certain goods, it is assumed that the buyer has familiarized himself with it before concluding the purchase contract.
4.31 The warranty provided by the seller does not apply to defects caused by the use of incorrect or defective software, incorrect consumables, or to any damage caused as a result of such a procedure, even if such use was not excluded in the attached instructions for use and operation. Furthermore, the warranty does not cover defects caused by poor service, unprofessional or inappropriate handling, use and installation that are contrary to the user manual, or damage caused by overvoltage in the distribution network.
4.32 By violating the protective seal, information sticker or serial number, the buyer risks rejection of the claim, unless the damage occurs during normal use of the goods. Seals and serial numbers are an integral part of the product and do not in any way limit the customer's right to use and handle the goods to their full extent.
4.33 In addition, the warranty does not cover damage caused (if such activity is not usual with regard to the product and is not prohibited in the attached instructions for use):
• mechanical damage to the product,
• electrical overvoltage (visible burnt components or connections) with the exception of normal deviations,
• using the goods in conditions that do not correspond to their temperature, dustiness, humidity, chemical and mechanical effects of the environment, which is directly determined by the seller or manufacturer,
• unprofessional installation, handling, service or by neglecting to take care of the goods,
• damage by a computer virus,
• if the defect manifests itself only in software for which the buyer is unable to prove its legal origin or by the use of unauthorized software and consumables,
• the goods were damaged by excessive loading or using in violation of the conditions stated in the documentation or general principles,
• carrying out unqualified intervention in the goods or changing its parameters,
• in the case of goods that have been modified by the customer, if a defect has arisen as a result of this modification,
• in the case of an incorrectly performed BIOS, firmware upgrade,
• goods were damaged by natural elements or force majeure,
• use of incorrect or defective software,
• use of incorrect or non-original consumables, nor for possible damages arising as a result, if such use is not usual and has not been excluded in the accompanying instructions for use.
4.34 The mentioned restrictions do not apply if the properties of the goods that are in conflict with the above conditions have been expressly agreed by the buyer and the seller, exchanged or declared by the seller, or if they can be reasonably expected due to the advertising carried out or the usual way of using the goods.
4.4 DEFECT TESTING
4.41 The goods handed over for a claim are tested by the seller only for the defect stated in the claim form or claim sheet. The nature of the defect must always be stated in writing.
4.42 If the technician discovers that the cause of the problems is not the declared product, but incorrect handling, if the data was damaged by the incorrect behavior of an application not supplied by the seller, or if the data was damaged by the buyer or 3. person, the claim will be rejected.
4.43 If the claim is rejected and if the buyer agrees to a paid repair, the repair will be charged according to the current valid price list of the given authorized service.
4.44 Before carrying out the paid repair, the buyer will be informed about the price of the repair, its scope and the time required to carry it out, while the repair will be carried out no later than 60 days from the day following the receipt of the goods by the seller. A paid repair can only be carried out after the express consent of the buyer (or on the basis of a concluded service contract) made after notification according to the previous sentence.
4.45 If the buyer is an entrepreneur and if the claim is rejected, the buyer acknowledges that the seller is entitled to re-invoice the buyer for service costs for defect diagnosis and shipping according to the price list.
4.52 Data storage devices are devices whose failure rate is an objective phenomenon with a random nature of failure occurrence. The seller hereby alerts the buyer to the above fact and recommends systematically backing up user data on a suitable device (e.g. CD, DVD, USB, Cloud). However, the warranty is not limited by this notice.
4.53 The buyer acknowledges that if the claim is settled by exchanging the data storage device and all accessories for the mobile device, then the original device is not returned.
4.6 REFUSAL TO ACCEPT COMPLAINT
4.61 The seller has the right to reject an accepted claim in cases where the claimed goods and/or their components are contaminated or do not meet the basic prerequisites for hygienically safe delivery of the goods for the claim procedure.
5. COMPLAINT HANDLING
5.1 If the buyer is also a consumer, the seller will decide on the complaint without unnecessary delay, no later than 30 days from the date of application of the complaint. After the expiration of this period, it is considered that a defect in the goods actually existed and the consumer has the same rights as if it were a defect that cannot be removed.
5.2 In the case of a buyer who is not a consumer, the seller reserves the right to decide on a complaint within 40 days.
6. COMMON PROVISIONS
6.1 The seller issues a written confirmation to the buyer-consumer of when the claim was made, what it contains, what method of handling the claim is required, by email immediately after receiving the claim (in the case of a personal claim, it is forwarded immediately); further confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the complaint, or the justification for the rejection of the complaint.
6.2 The buyer has the right to reimbursement of the necessary costs (especially the postage paid when sending the claimed goods) incurred in connection with the exercise of legitimate rights from liability for defects (we recommend applying no later than 30 days after handling the claim - the legal deadline is not affected by this) and were actually and purposefully spent. In the event of withdrawal from the contract due to a defect in the item, the consumer also has the right to reimbursement of the costs of this withdrawal.
6.3 After processing a valid complaint, the warranty period is extended by the duration of the complaint procedure. In the event of an unauthorized complaint, the warranty period is not extended. The duration of the claim is calculated from the day following the application of the claim to the day the claim is settled, i.e. the time when the buyer was obliged to take over the item. The customer is informed about the transaction by e-mail, which he already indicated during the purchase.
6.4 After handling the complaint, the seller will notify the buyer of the termination of the complaint procedure either by phone, SMS or e-mail. If the goods were sent by a shipping service, they will be automatically sent to the buyer's address after processing.
6.5 In the event of non-collection of the claimed goods within one month from the expiry of the period when the claim should have been made, and if it was made later, within one month from notification of its execution (i.e. usually within 60 days from the date of filing the complaint), the seller is entitled to charge a storage fee of CZK 20 including VAT for each day of delay when issuing the complaint.
6.6 If the buyer does not pick up the goods from the settled complaint within 6 months from the day he was informed about the settlement, the seller reserves the right to sell the goods and use the proceeds to pay the storage fee.
6.7 The buyer is obliged to check the received goods and their compliance with the complaint delivery protocol. The buyer will also check the completeness of the goods, especially that the package contains everything it is supposed to contain. Later objections will no longer be taken into account.
6.8 These arrangements do not affect the legal deadline for exercising rights from defective performance.
6.9. When delivering the goods or paying off the credit note in cash after the claim has been settled, the buyer is obliged to present the document on the basis of which the item was accepted as a claim, and must prove his identity with a valid identity document (citizen card, passport), in order to prevent damage and preventing the legalization of proceeds from criminal activity. Without presenting any of these documents, the seller can refuse to issue the goods or pay the credit note. If the buyer is a legal entity, then the goods will be delivered or the credit note reimbursed only to the statutory body of the given legal entity or to a person who presents a verified power of attorney.
7.1 If the contents of the package or the object of purchase are consumables (e.g. battery), its usual lifespan is 6 months, unless expressly stated otherwise. In the case of headphones, the lifespan is always 6 months. The exception is headphones that were purchased as a separate product.
7.2 The buyer's right to claim goods within the statutory warranty period is not affected by this. However, the buyer must take into account the above facts, as the warranty does not cover wear and tear caused by normal use of the item and cannot be confused with the lifetime of the product. The life of the goods represents the susceptibility to wear and tear caused by normal use. If the goods are used by the buyer for longer than the normal life, it is likely that the defect is the result of normal wear and tear, but it is not excluded that it is indeed a warranty defect. The seller always states in the justification of any claim rejection whether it was a defect caused by normal wear and tear.
7.3 The buyer acknowledges that the seller may specify the usual lifespan for the offered goods and confirms that he has familiarized himself with it before concluding the purchase contract.
8. FINAL PROVISIONS
8.1 This complaint procedure is valid from 1.12023 and cancels the validity of the previous complaint regulations.
8.2 This complaint procedure is available at the headquarters of the company GP novum s.yearO, or as a document at www.greenguru.cz