This is a translation into english of the Complaints Procedure 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 damaged natural 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 purchase of 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.
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 delivery of the goods offered by the seller, the seller will reimburse the consumer for the cost of the delivery of the goods in the amount corresponding to the cheapest method of delivery of the goods offered), as well as the costs of returning the item of purchase are paid by the buyer.
If the buyer exercises the right to withdraw from the contract, the buyer is obliged to bear the costs associated with returning the goods to their original condition (in the event that the goods are returned in violation of the delivery from the seller).
The price list is indicative only, the listed prices may vary depending on the actual costs associated with returning the goods and the type of returned goods.
According to § 1837 of the Civil Code, the buyer cannot withdraw from the purchase contract:
* on the provision of services, if they were fulfilled with his prior express consent before the expiry of the period for withdrawing from the contract
* on the supply of goods or services, the price of which depends on fluctuations in the financial market, independent of the entrepreneur's will, and which may occur during the period for withdrawing from the contract
* on the delivery of goods that have been modified according to the wishes of the consumer or for his person
* on the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery
* on repair or maintenance carried out at the place designated by the consumer at his request; however, this does not apply in the event of subsequent repairs other than requested or delivery of spare parts other than requested
* on the delivery of goods in closed packaging, which the consumer has removed from the packaging and for hygienic reasons it is not possible to return it
* about the delivery of an audio or video recording or a computer program, if it has violated their original packaging
* about the delivery of newspapers, periodicals or magazines
* on the delivery of digital content, if it was not delivered on a physical medium and was delivered with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that in such case he does not have the right to withdraw from the contract
CONFLICT WITH THE PURCHASE AGREEMENT
In the event that the item upon acceptance by the buyer is not in accordance with the purchase contract ("contradiction with the purchase contract"), the buyer has the right to have the seller restore the item to a condition corresponding to the purchase contract free of charge and without undue delay, either by replacing the item or repairing it.
If such a procedure is not possible, the buyer can demand a reasonable discount from the price of the item or withdraw from the contract. This does not apply if the buyer knew about the violation of the purchase contract before taking over the item or caused the violation of the purchase contract himself.
A contradiction with the purchase contract that manifests itself within 6 months from the day of taking over the thing is considered a contradiction existing when it was taken over, unless this contradicts the nature of the thing or unless the contrary is proven.
In case of non-application of the legal rebuttable presumption according to paragraph 3, the seller will proceed in such a way that, according to the buyer's request, he will either repair the item or replace it so that the item corresponds to the regularity of the purchase contract. If this procedure is not possible, the buyer can request a reasonable discount, or withdraw from the purchase contract.
In the event of a complaint, both contractual parties undertake to follow these complaint regulations. The complaints procedure is valid with effect from 20.10.2021.