This is a translation into english of the General Terms and Conditions of KompletMobil s.r.o. The english version is for informal purposes only. For all legal matters only the czech version is to be considered.
This complaint procedure applies to goods purchased in the stores of Kompletmobil s.r.o. with registered office at Na Skále 814, Protivín, 39811, IČ: 05862981, VAT number: CZ05862981, under file number C 25920 held at the Regional Court in České Budějovice
ADDRESS FOR SENDING COMPLAINTS/RETURNING GOODS WITHIN 14 DAYS:
(The shipment sent to the company headquarters will not be accepted!)
Civil Code 89/2012 Coll. and the Consumer Protection Act 634/1992 Coll. , whose legal regime applies if the buyer is:
consumer defined in § 419 NOZ
"A consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, concludes a contract with an entrepreneur or deals with him in any other way."
Civil Code 89/2012 Coll. , whose legal regime applies if the buyer is:
entrepreneur defined in § 420 NOZ
"Whoever independently carries out a gainful activity on his own account and responsibility in a trade or similar way with the intention of doing so consistently in order to achieve profit, is considered an entrepreneur with regard to this activity.
For the purposes of consumer protection and for the purposes of Section 1963, an entrepreneur is also considered to be any person who concludes contracts related to his own business, production or similar activity or in the independent performance of his profession, or a person who acts on behalf of or on behalf of an entrepreneur."
For the avoidance of doubt and the prevention of possible collisions or contradictions, for the purposes of the contractual relationship, an entrepreneur is understood to be anyone who will identify himself to the seller's ID number and will also perform legal acts under this ID number.
By taking over the goods from the seller or the carrier, the buyer agrees to this complaint procedure and its procedure. Buyers, as both consumers and entrepreneurs, are obliged to familiarize themselves with the complaints procedure before placing an order, all in order to avoid possible contradictions or collisions.
The duration of the warranty for the right to defects according to § 2165 paragraph 1 of the Civil Code is indicated on the delivery note, when the minimum warranty period for new goods is 24 months. In the case of used consumer goods, the warranty period can be shortened by agreement of the contracting parties to a period of 12 months. The agreed warranty period will be indicated by the seller on the issued warranty card or receipt, and for the delivered goods, it begins on the day of acceptance of the goods by the customer and is extended by the time during which the product was under warranty repair. After processing a valid complaint, the warranty period is extended by the duration of the complaint. (The duration of the complaint begins on the day following receipt of the goods by the seller and ends on the day the complaint is processed, not on the day the customer picks up the goods.) In the case of an unauthorized complaint, the warranty period is not extended. (Unauthorized complaint means, for example, a complaint where the defect is not detected, or when a defect is detected as part of the complaint procedure to which the complaint does not apply). The seller informs about the handling of the complaint and the possibility to pick up the goods from the complaint in the form of an SMS message, to the number indicated in the complaint protocol when entering the complaint. The warranty applies to material defects, functional defects, defects arising during the production, assembly or installation of the goods, carried out by the seller's employees.
In the event that the buyer is an entrepreneur, the seller first of all takes over the warranty for the quality for the duration specified by the manufacturer of the goods or product in question, but a maximum of 24 months. If the buyer claims a product defect for which the seller is responsible, the buyer is entitled to have it removed.
The right of defective performance does not belong to the buyer if the buyer knew before taking over the item that the item had a defect or if the buyer himself caused the defect.
The warranty does not cover the following cases:
defects caused by the use of incorrect or defective software, incorrect consumables and any resulting damage
defects caused by poor handling, unprofessional or inappropriate handling, use and installation that are contrary to the user manual, or damage caused by overvoltage in the distribution network and damage to equipment caused by excessive mechanical wear
for the wear and tear of the thing caused by its usual use
caused by mechanical damage to the goods
by using the goods in conditions that contradict the user manual and if it is proven that the use in these conditions was directly related to the defect
by unprofessional installation, handling, service, or neglecting the care of the goods
if the goods or part thereof have been damaged by a computer virus
if the defect manifests itself only with software for which the customer is unable to prove a legal method of acquisition or the use of unauthorized software and consumables
the goods have been damaged by excessive loading or use contrary to the conditions specified in the documentation or general principles
by performing an unqualified intervention or changing parameters
goods that have been modified by the customer (painting, bending, etc.)
in the event of an erroneous firmware upgrade
the goods were damagednatural elements or force majeure, as a result of damage to the product due to dust, the claim may be rejected.
The seller is not responsible for any problems arising as a result of the limited functionality of applications that are not suitable (i.e. not created) for the ordered operating system. Furthermore, the seller does not guarantee the full compatibility of the sold components with other components not approved by the seller's employees, or with software applications whose functionality was not explicitly requested by the buyer in the written order.
In the case of software goods, the warranty applies exclusively to the physical legibility of the media (ie the media must not be scratched, etc.). At the moment of removing the protective means (foil, seal, opening the envelope, etc.), the buyer becomes the authorized user of the software product and accepts the license agreement of the software manufacturer.
In connection with the above, the buyer acknowledges that the warranty period cannot be confused with the service life of the goods, i.e. the time during which the goods are able to withstand and fulfill their full functionality due to their properties, given purpose and differences in the intensity of their use. Thus, in the complaint procedure, the seller assesses the claimed defect also with regard to the above-mentioned service life and method of rate of wear. This assessed fact will form part of the content of the complaint protocol if the seller refers to it as a reason for rejecting the complaint during the warranty period.
METHOD OF COMPLAINT
In the event that the goods were purchased by a buyer who is an entrepreneur according to the above, the buyer must make a claim directly and only at an authorized service. In this case, the claim is governed by the conditions of the authorized service.
The consumer, in his own interest, submits together with the claimed object a tax document evidencing the conclusion of a purchase contract regarding the claimed subject of performance, a warranty card including the specified serial numbers (IMEI), in order to quickly process the complaint. The customer pays the costs of transporting the goods himself.
When making a complaint, the customer indicates how he wishes to resolve the complaint.
In case of confirmation of the validity of the claim, the customer has the right to demand compensation for the reasonable costs incurred by the transport of the claimed goods.
In the event of a complaint, the consumer, in his own interest, ensures that the goods are packed in suitable packaging material that meets the requirements of the transport of the goods, preferably in the original packaging, due to the risk of possible damage to the goods.
The buyer is obliged to provide the necessary cooperation to prove the right applied from liability for defects, to verify the existence of the claimed defect and to repair the product under warranty.
The exact description of the alleged defects and the specification of the rights that the customer asserts against the supplier must be communicated to the supplier at the beginning of the claim, at the latest before handing over the claimed item to the supplier.
The supplier, after examining the submitted documents and a cursory inspection of the claimed object:
recognizes the complaint as justified and handles it on the spot
if it is not possible to handle the justified complaint on the spot, it will accept the claimed item in the complaint procedure, during which the justified complaint will be resolved without unnecessary delay. The supplier will issue a written document to the customer about the acceptance of the claimed object, the correctness of which will be confirmed by both contractual parties with their signatures
rejects the complaint on the spot as unauthorized and returns the claimed item to the customer
accepts the object complained of for expert assessment, based on the results of which the complaint will either be recognized as justified and dealt with within the complaint procedure without unnecessary delay, or it will be rejected. The supplier will issue a written document to the customer about the acceptance of the claimed object, the correctness of which will be confirmed by both contractual parties with their signatures
The supplier can inform the customer about the method of handling the complaint (recognition of the complaint as justified or rejection of the complaint as unjustified) in a pre-agreed manner (in writing or by any of the remote communication means). However, this does not absolve the customer of the obligation to independently inquire about the status of the complaint. If the customer does not do so, then he must bear the consequences of his inaction in this regard (see the decision of the Constitutional Court of the Czech Republic, file no. III.ÚS2983/08).
The buyer acknowledges that, when exercising his rights in the complaint procedure, he will act towards the seller in a manner that is compatible with the letter of the law and generally binding norms of behavior and will not act in a manner that would result in a bullying exercise of rights contrary to good morals and legitimate interests of the contracting parties.
The seller can demand from the buyer the complete accessories that he received when purchasing the device. If accessories are not delivered based on this request, the claim may be rejected. Complete accessories can mean headphones, installation CD, data cables, power adapter, reducers, cases, etc.
The buyer is entitled to make claims that are proportionate to the defect of the relevant claimed goods and that are assessed in terms of the intensity of the breach of purchaseof the contract, i.e. whether it is a material or non-material breach of the purchase contract with regard to a defect in the relevant item of goods.KompletMobil s.r.o.
With registered office: Na Skále 814, Protivín 398 11
VAT number: CZ05862981
1. Introductory provisions, definition of terms
The business terms and conditions published below (hereinafter referred to as the "T&C") regulate and define in more detail the relations between the parties to the purchase agreement, where on one side is the company KompletMobil, s.r.o., ID: 05862981 (hereinafter referred to as the "seller") and on the other side is the buyer (hereinafter referred to as "Buyer").
Consumer contract – purchase contract, work contract, or other contracts according to the Civil Code, if the parties to the contract are a consumer on the one hand and an entrepreneur on the other, or the seller.
Supplier/seller - a person who, when concluding and fulfilling the contract, acts as part of his business or other business activity. This is an entrepreneur who, directly or through other entrepreneurs, delivers products or provides services to the buyer.
Buyer/customer/consumer - a person who, when concluding and fulfilling a contract, does not act as part of his business or other business activity, or a natural person who buys products or uses services for other than business purposes.
A buyer who is not a consumer-entrepreneur who purchases products or uses services,
and identifies himself with the seller's ID number and will also perform legal acts under this ID number.
2. Price and purchase conditions, order, shipping
The goods can be ordered via the e-shop 24 hours a day, 7 days a week. The first step is to create an order. Based on the order that the seller confirms (or cancels), a purchase contract is created in case of confirmation.
The order is the direct basis for the purchase contract. It is therefore necessary for the buyer to enter all the data in it so that the seller can properly fulfill the possible purchase contract.
Prices in the online store are contractual. The buyer has the opportunity to familiarize himself with the total price before creating the order. This price will be stated both in the order and in the subsequent possible order confirmation. The buying consumer has the right to be informed about the fact for how long the price offer remains valid before placing the order. The prices are final, this means including VAT, PHE or all other fees that the consumer must pay to obtain the goods, excluding the fee for any transport charges, etc.
The seller reserves the right to withdraw from the performance of the purchase contract if performance becomes impossible, the goods are not produced, if the price changes significantly, if the buyer does not agree on a new performance. Price change reserved - wrongly stated price, system error, incorrect entry, human factor, force majeure, etc. A significant price change is primarily a price increase in the range of more than 3%.
By confirming the order, the buyer undertakes that if we do not transport the ordered shipment, he will reimburse the seller for the costs of packing, sending and returning the unclaimed and undamaged shipment.
Shipping and shipping prices:
We use the services of Česká pošta, DPD and Zásilkovna for transport.
Carrier Česká pošta:
You can get information about the current status of the package / transport on the website http://www.ceskaposta.cz/cz/nastroje/sledovani-zasilky.php after entering the package code that will be sent to you.
Czech Post Parcel in hand:
for cash payment - cash on delivery ... CZK 194
when paying in advance by transfer or online payment card ... CZK 155
Domestic transport of parcels weighing up to 30 kg / 50 kg throughout the Czech Republic, during which the parcel is delivered directly to the customer's apartment or perhaps to the office. Guaranteed delivery directly to the addressee on the next working day after submitting the shipment. The addressee is not satisfied with the proposed time and method of delivery, which could cause a delay in the delivery of the package via the interactive web form at www.postaonline.cz/zmena-doruceni. Use the tracking service on the Czech Post website (Track & Trace). We constantly monitor the package from its submission to delivery.
Can be used for orders over CZK 1,500
Czech Post Recommended package:
for cash payment - cash on delivery ... CZK 138
when paying in advance by transfer or online payment card ... CZK 99
A service through which you can send documents as well as books or other small items of small value. Česká pošta is responsible for possible loss of the shipment, damage or loss of the contents of the shipment up to the amount of CZK 1180. Information about the delivery or status of your shipment is available the day after the day the shipment was submitted.
Option to use when ordering up to CZK 1,500
Czech Post Parcel to the parcel office:
when paying by cash on delivery ... CZK 108
when paying in advance by transfer or online payment card ... CZK 69
Free for purchases over 2500 CZK.
Picking up the package in the Balíkoven network with faster clearance and the possibility of paying by card. The "Balík To balíkovna" service enables the customer to send his shipment to a Balíkovna branch that supports this service. Here you j
For the avoidance of doubt, with a substantial breach of contract in accordance with § 2002, paragraph 1, the Civil Code understands: "Such a breach of duty is material, of which the party in breach of the contract already knew or should have known at the time of the conclusion of the contract that the other party would not have concluded the contract if anticipated the breach; in other cases, the breach is deemed not to be material."
In the event of a material breach of the purchase contract, the buyer is entitled to:
removing a defect by delivering a new item without a defect or by supplying a missing item
removing the defect by repairing the item
a reasonable discount from the purchase price
withdrawal from the contract
In the event of a minor breach of the purchase contract, the buyer is entitled to:
a reasonable discount from the purchase price
For the purposes of this complaint procedure, a reasonable discount from the purchase price is a discount that corresponds to a percentage reduction in the useful value of the product due to a defect, taking into account the nature and type of goods, the period of use and wear and tear of the claimed goods.
In case of justified complaints, the seller will proceed preferentially in the following way:
In the case of removable defects, the seller will preferably remove the defect by repairing the claimed object or its parts
In the event of repeated occurrence of defects or a large number of defects that prevent the buyer from proper use, the supplier will preferentially replace the item with a new item (or part thereof) of the same type. If the customer does not agree with this procedure, he can request a reasonable discount from the price of the object of performance or withdraw from the contract.
In case of withdrawal from the contract, the buyer is obliged to hand over to the seller the complete object of performance, including accessories and documentation, in this case the contracting parties will return mutual performance according to the principles of unjust enrichment.
The buyer is obliged to make an appropriate data backup before handing over the goods for the complaint procedure. In the event that the buyer does not make a backup of the data, he assumes the risk of damage due to the possible loss of data during the handling of the complaint.
ISSUANCE OF CLAIMED OBJECT OF PERFORMANCE
The claimed item will be issued by the supplier after the claim has been settled only upon presentation of the original confirmation of receipt of the goods, presentation of a state document (proving the authority of the relevant person) with the same name as on the purchase contract or proof that the recipient is a statutory body of the company or an entity authorized to act on its behalf in connection with the relevant purchase contract concluded.
RESPECTING THE COMPOSITE
If the buyer does not pick up the processed complaint within 30 days from the day when the complaint must be terminated, he may be charged a storage fee of CZK 10 for each day of delay that has begun after the above-mentioned period has expired. If the buyer does not collect the goods until the amount of the storage fee exceeds the price of the claimed goods, these goods can be used to pay the storage fee.
The buyer acknowledges that the seller can, according to the above, proceed through self-help sales according to § 2126 et seq. of the Civil Code, when in the case of a Party Delay in taking over the thing, the other party has the right to sell the thing after prior notice to the delayer's account in a suitable way, after providing the delayer with an additional reasonable period for takeover.
In the event of an unauthorized complaint, the supplier has the right to bill the customer for an amount corresponding to the purposefully incurred costs of the complaint procedure (applicable in the case of a procedure according to the Commercial Code).
WITHDRAWAL FROM THE PURCHASE CONTRACT UP TO 14 DAYS, IN THE CASE OF DISTANCE CONTRACTS
The buyer, who is a consumer, has the right according to § 1829 et seq. of the Civil Code to withdraw from the contract without giving a reason within 14 days of taking over the goods, provided that the purchase contract was concluded using means of distance communication. If the consumer so decides, it is necessary to send the goods, or deliver back without undue delay, no later than 14 days from the verifiable notification to the seller of withdrawal from the purchase contract (withdrawal from the contract can be made by e-mail, post or a similar means of clear and provable means of communication capturing the expression of the buyer's will to withdraw). The buyer acknowledges that the seller may reduce the returned price accepted by the amount that the goods have lost due to normal use, but this reduction will always be reasonable taking into account the period of use and the degree of wear and tear of the returned goods. For refunds, we prefer the form of bank transfer to the buyer's bank account. A sample form for withdrawing from the purchase contract is available as an attachment to the document
In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up until the time the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.
The buyer expressly acknowledges, in accordance with § 1832, paragraph 2 of the Civil Code, that in the event that he has chosen a method other than the cheapest