This Complaints Policy has been created in accordance with Act No. 513/1991 Coll., the Commercial Code, Act No. 40/1964 Coll., the Civil Code, and Act No. 634/1992 Coll. on Customer Protection, as amended, and applies to all consumer goods, both new and used, purchased in brick and mortar shops of Profihotovost s.r.o. Profihotovost s.r.o., ID No. 27908224, with registered office at Praha 1, Nové Město, Spálená 17, postcode 11000, registered in the Commercial Register with the Municipal Court in Prague, section C, insert 125718, is the Seller.By collection of the goods and receipt of the Warranty Certificate and receipt from the Seller within Seller´s commercial network, the Buyer agrees with this Complaints Policy.
- Terms of Warranty
The Buyer is eligible to make a warranty claim regarding the goods which manifests a defect, which is covered by the warranty period and has been purchased from the Seller.
Prior to the first use, the Buyer is obliged to read the Warranty Terms carefully including the respective User Manual(s) If not using the product in accordance with the User Manual, the Buyer shall be liable for all consequences resulting from such a usage and the complaint will not be accepted. The Seller is not liable for defects which have been disclosed to the Buyer and accepted by him/her upon concluding the Contract. In case of used items, the Seller shall not be responsible for defects corresponding to their usage and wear and tear manifested upon the receipt of the item by the Buyer.
For new goods offered at a reduced price, the warranty does not apply to defects which have reduced the price of the goods. Furthermore, the warranty does not apply to material defects, functional defects, and manufacturing defects. The warranty does not apply to defects resulting from failure to follow instructions specified in the user manual. The warranty does not apply to normal wear and tear resulting from product use. The warranty does not apply to products with damaged protective seals and serial numbers (imei). Furthermore, the warranty excludes defects resulting from:
corrosion and/or oxidation
electrical overvoltage in the distribution network
usage of the product in environments with excessive temperature, dustiness, humidity, and chemical and/or mechanical factors or sudden changes of these conditions caused by unqualified installation, manipulation, operation, or negligence, if the defect becomes evident in unauthorised applications or software only as a result of an improper action, or change of the parameters caused by natural phenomena or force majeure (flood etc.) usage of accessories not approved by the manufacturer.
- Warranty Period
The Seller shall provide the Buyer with a receipt with the specification of date of purchase, type of product, and the price. In case of used or adjusted products, products with defects, or products with restricted usability, the Seller shall indicate such characteristics in the receipt. The warranty period is subject to provisions stipulated by the Civil Code. The warranty period is commenced upon the receipt of the goods by the Buyer, i.e. the date specified in the Warranty Certificate or receipt. For new items, the statutory warranty period is 24 months. The Seller may extend this period. The warranty period is extended by the duration of the warranty repair.
The warranty for used products is 12 months, unless specified longer.
All clients may test the used items carefully after purchase. All used goods is provided with a special 3-day contractual period unspecified by the Civil Code for the purpose of testing the product. If, within the 3-day period, the client finds a defect which deteriorates the functionality and usage of the item, or otherwise devaluates it, the Buyer may withdraw from the contract and claim a refund. This contractual warranty does not apply to defects resulting from failure to follow instructions specified in the user manual. The warranty does not apply to normal wear and tear resulting from product use. The warranty does not apply to products with damaged protective seals and serial numbers (imei). The contractual warranty shall be claimed within three calendar days of the acceptance of the contract (specified in the receipt or the Warranty Certificate).
The warranty periods are specified in the Warranty Certificate and apply to end customers.
- The Venue
The claims are handled at the Profihotovost s.r.o., office at Jana Želivského 24, Praha 3, Žižkov.
- The Claims Process
If, within the warranty period, the Buyer detects a defect of the product that has not resulted from improper use, the Buyer is entitled to complain about the product. The Buyer shall present a proof of the purchase of the goods (the Warranty Certificate or receipt, or otherwise provide an evidence of the acquisition of the goods in Seller´s shop) whose defects are complained about. The Seller is not obliged to provide a remedy of an item to which warranty does not apply or which has been complained about unlawfully. Furthermore, the Seller is not obliged to repair the goods whose warranty period has expired. Upon accepting the goods, the Seller shall not be responsible for the data saved in the product and product settings. The right resulting from liability for defects shall be exercised within the warranty period, otherwise the right shall expire. The Seller shall decide on the warranty claim (i.e. acceptance or rejection of the item) promptly upon the receipt, in complicated cases within three working days. The duration necessary for expert assessment of the defect shall not be included in the 3-day period. The complaint, including removal of the defects, shall be carried out by the Seller or an authorised service organization without unnecessary delay and within 30 days of the date of exercise of the complaint, unless the contracting parties agree otherwise. The Seller provides the Buyer with a written certificate of complaint, including the subject of complaint and the required method of repair. Furthermore, the Seller shall provide the Buyer with a receipt specifying the complaint date and repair, including the certificate of remedy and its duration. If the complaint is rejected, the Seller shall provide the Buyer with a written justification of the rejection.If the defect can be removed, the Seller shall remove it free of charge, duly and timely. Unless the nature of the defect makes this requirement disproportionate, the Buyer is eligible to replacement of the product or, it the defect affects a part of the product only, replacement of the given part. If such a procedure is not possible, the Buyer may request an appropriate reduction of the price of the product, or withdraw from the contract. In such a case, a credit note is made out and a refund is given. The defect which has resulted in the price reduction may not be complained about.If the defect cannot be removed and such a product cannot be used as a product without defect, the Buyer is entitled to claim replacement of the product or withdraw from the contract. In such a case, a credit note is made out and a refund is given. The same rights may be exercised by the Buyer if the defects are removable, but the reoccurrence of the defect after the repair, or the number of defects, makes proper usage of the item impossible. If the defective product has been replaced by a new product, or only its the defective part has been replaced, a full warranty period for the new product (or its part) is commenced upon the receipt of the new product (or the product with a new part). The warranty period is extended by the duration of the warranty repair.After the settlement of the complaint, the Seller shall notice the Buyer by telephone, SMS message, or email. If the complaint is not settled within 30 days of the date of complaint, the Buyer is eligible to rights associated with unremovable defects, i.e. replacement of the product, price reduction, or withdrawal of the purchase contract and receiving a credit note.
- Concluding Remarks
The claims process is subject to the Civil Code and the Consumer Protection Act. This Complaints Policy comes into effect on 1 June 2007 and applies to the territory of the Czech Republic. The Seller reserves the right to amend this Complaints Policy without prior notice. Customer data are stored in accordance with valid laws of the Czech Republic, namely the Act No. 101/2000 Coll., on the protection of personal data, as amendedAll data provided by the clients are used by the Seller for internal purposes only and are not provided to any third parties, with the exception of law enforcement authorities.
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