Complaints rules

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The “Complaints rules” regulates the rights and duties between the seller, Czech Computer Ltd., Brodská 570, Příbram 5, post code: 261 01, IČ 256 55 701, and the shopper. The rules regulate differently the rights and duties for the buyers who enter to business relation as buying consumers, “buying consumers” bellow, where “buying consumer” is defined in 40/1964 Sb., § 52, subsect.3, and for individual entrepreneurs or corporate bodies carrying business according The Trades Licensing Act or another special act, or for state institutions and organizations (“buying entrepreneur” bellow) that enter into the business with the seller in the scope of their business activities. The rights and duties of the both groups are differed and regulated bellow as the rights and duties of a “buying consumer” and the rights and duties of a “buying entrepreneur”. If the complaints rules are the same for the both groups of customers, the customers are named “buyers”. The differences in the complaints rules are given by the fact legal relations between a seller and a buying entrepreneur are regulated by proper standard specifications regulating relations between sellers and buying entrepreneurs, and by the proper law 513/1991 Sb. and the legal relations between a seller and a buying consumer are regulated by proper standard specifications regulating relations between sellers and buying consumers, and by the proper law 40/1964 Sb., and by the law of consumer protection 634/1992 Sb.

Buying consumers’ claims are handled according law 40/1964 Sb. and law 634/1992 Sb. and related regulations.

Buying entrepreneurs’ claims are handled according law 513/1991 Sb. and related regulations.

The warranty applies to the goods bought from Czech Computer Ltd. and reclaimed within the guarantee period. All goods bought from Czech Computer Ltd. are handed over with a certificate of warranty and a voucher with a product serial number or with invoice where is staten that it serves simultaneously as a certificate of delivery and certficate of warranty (hereinafter mentionned as invoice – certificate). The main condition for a claim is submitting the Certificate of warranty and the voucher or invoice - certificate. If producers add their own certificates of warranty, for handling a claim is necessary to submit the certificate as well. Accepting goods and warranty conditions is confirmed with a customer’s sign on the tax document. If the goods are not taken over in the shop, the time of accepting goods is the time of taking the goods from the deliverer.

1. The consumer (buyer)

   If the buying consumer finds any damage on the delivered goods, differences between the warranty certificate and the voucher, the tax document or the invoice - certificate and the goods (in type, amount, serial number) or the voucher or the invoice – certificate is not filled properly with the serial number of delivered products or, they are obliged to inform Czech Computer Ltd. in a provable way within 24 hours so that the faults can be corrected. If not done, the prospective claim may not be accepted. Buying consumers’ claims are solved by §16 Com. C.In the case of buying consumers, the differences in the contracts found within 6 months are considered to be existing at the time of accepting the goods, unless the buying consumers knew about the differences when accepting the goods and the goods was accepted with no exceptions. In this case the possibilities how to solve the defects are: guarantee repair or change the goods for an errorless. If it is not possible to solve the situation these ways, the buying consumer is entitled to get a discount or to withdraw from the contract.

2. Buying entrepreneur

   Buying entrepreneurs are obliged to examine the goods as soon as possible after taking over, within 24 hours at the latest, with the exception of showing the goods in the shop. When finding out any damage, differences between certificate of warranty and voucher, tax dokcument or the invoice - certificate and delivered goods (in type, amount, a serial number) or not getting filled voucher with a serial number, they are obliged to announce the fact to Czech Computer Ltd. in a provable way within 24 hours. If not done, later reclaims will not be accepted.

Guarantee time in month is stated in the certificate of warranty and the voucher or the invoice - certificate. Unless stated otherwise in the voucher or the invoice - certificate, the company provides guarantees for 24 months. The duration of guarantee starts on the day of handing over the goods. The guarantee time is extended for the time the product was in guarantee repair. When changing goods, the warranty starts at the time of handing over the new product.

If a producer or a supplier provides guarantees for shorter time than 24 months, the company provides guarantees only for the given time. The guarantee time is stated with the offered products and on their vouchers and certificates of warranty.

Czech Computer Ltd is not liable to damage or incompatibility of components bought individually and assembled or installed by customers into PC with some components assembled or installed earlier. The company is not liable to any damage if installation instructions and directions from the producer or seller were disobeyed.

The claim on warranty expires in the following cases:

• Expiration of the guarantee time
• Broken protecting seals, anti-dust strips and warranty stickers if they are present on the product
• Mechanical damage, incompetent installation, incompetent service or manipulation, the failure of ordinary care
• Defects caused by computer viruses
• Defects displaying only with software that the customer is not able to prove the legal purchase
• Using the product in the conditions nonconforming in their nature office environment or other parameters set by the producer
• The product was damaged with a kind of a natural disaster or with blackout
• The product was overloaded or used in a way that does not conform to the conditions stated in its documents

Warranty claims of printers

Ink jet printers can be accepted for a guarantee repair only if the original cartridge set by the producer is used (the type is always specified in the manual of the printer). If the used cartridge is not of the type set by the producer, the complaint cannot be accepted as the printer has not been used in accord with the manual.

Warranty claims of CRT displays (generally)

If the display screen is damaged due to using it contrary to instructions, it´s not possible to apply a guarantee. We recommend delivering displays for warranty claims in complete state and wrapping including its filling so that they do not get damaged during delivery.

Warranty claims of LCD displays

Warranty claims of defective pixels and sub pixels of LCD displays is solved individually in accordance with the set of rules of individual producers. The information about the number of defective pixels can be found on www.czechcomputer.cz in the section “technical support” for every LCD display.

Goods with lifetime period shorter than 24 months is indicated in the seller’s offer and in written form in delivery notes and warranty certificates or in invoice - certificate. The goods is under guarantee for 24 months but the guarantee cannot be claimed after the minimal lifetime period expiration because the defects occurring after the expiration of minimal lifetime period are defects caused by common use and wear-out. It does not mean the product will stop working. These products are supposed to be used shorter time than 24 months as the fact comes from their nature and technological processing.

Lifetime period of goods means time when faultlessness of a product and its functionality is guaranteed. After the expiration of lifetime period the product can be so worn away that it does not work. However, the fact is not a reason for a warranty claim.

Law 13/2002 of the Code says warranty applies only to production faults or faults that occur before the expiration of the lifetime period of a product that is guaranteed before the expiration of the lifetime period of a product that is guaranteed when the product is used in a common way.

Some products have so called Life warranty. Life warranty means time when the product is owned by the original owner, or up to 5 years after finishing the production of the product.

Applicable time is the one expiring earlier. This type of warranty is applicable for products which have it written and signed by the seller.

The list of producers whose products are reclaimed in certified services are stated on the web sides of Czech Computer, Ltd. with every individual product. Buying consumers can (§ 625) to reclaim the products in the seller’s shop, when the procedure is following:

The buying consumer delivers at their own expense and risk to the address of any of the seller’s shops. The buying consumers from outside Prague are advised to deliver the products on the address of the shop in Příbram, Brodská for faster handling their reclaims. The seller advises to deliver the product including all manuals, documents, cables and floppy disks and all accessories in the original or alternative wrapping. The buying consumers are advised to present the voucher and the certificate of warranty or the invoice - certificate, possibly the original certificate of warranty from the producer to forward the reclaim procedure.

Our assistant from the complaints department will consider the reclaimed fault and decide about the justice of the claim immediately, if it is possible. The assistant will write out the reclaim record where the description of the reclaimed fault, the way and the date of settlement of the claim will be stated. In the case the reclaimed fault is not legitimate, that fact will be written in the reclaim record (refused claim).

In the case Czech Computer Ltd. finds out the claim is not legitimate, the company familiarizes the buying consumer with the fact without any delays, but always within 30 days from accepting reclaimed goods at the latest. In the case of legitimate claim the buying consumer can apply their rights according § 598 of the Com. C.

The guarantee period of 30 days starts on the day following after the guarantee was claimed by the buyer. The period is determined by days and begins on the day, which follows after the reality, which is decisive for its beginning. If the last day of the period is Saturday, Sunday or National holiday, then the last day of the deadline is the next working day.

Remediable defects

If a defect is rectifiable, the buying consumer has the right of free mending the product. The free mending is carried our for displays, printers, scanners, cameras, notebooks, loudspeakers, projectors, all products from Pinnacle, Creative, Genius, Koss, Microcom, all peripheries, MP3 players, players from MSI, CyberHome players, Sandisk players. If repairing the product is not useful economically, the buying consumer has the right of changing the product for the same or with better technical parameters.

Exchanging products

In the case the reclaimed product is in store, it is exchanged. If the product is not in store on the day of handling claim, the buying consumer and Czech Computer Ltd. can arrange the date of delivering the replacement product. The complaints department will ask the buyer to withdraw the goods or they will send the goods to the buyer at the expense of Czech Computer Ltd. If the reclaimed product is not produced any more or it is unavailable in the long term, it is exchanged for a product from another producer with the same or better parameters and having the same function with the same or better parameters.

In the case the defect cannot be remedied or the goods cannot be exchanged, the buying consumer can demand proportionate discount.

The buying consumer has the right of exchanging goods in the case the defects are remediable but they appear repeatedly or in a bigger number so that the goods cannot be used properly.

Irremediable defects

In the case the defect is irremediable and it makes using the goods impossible, the buying consumer can claim exchanging the goods. If the defect is irremediable but it does not made using the goods impossible and the buyer does not claim exchanging the goods, they can claim proportionate discount.

Warranty claims including defect remedy must be handled in 30 days if not agreed differently. After handling the claim the buyer gets a claim record with the description of the way the claim has been handled. If the faulty product has been exchanged, the claim record includes the serial number of the new product. Next possible claims of the exchanged goods will be handled on the basis of the claim record which substitutes the certificate of warranty and the voucher. The possibility of avoidance of a contract is described in law 40/1964 Collection of law.

The buying entrepreneur is obliged to report the defect of the product in a provable way without any unreasonable delays after the defect was found out, in 3 days at the latest. The list of producers whose products are reclaimed in certified services are stated on the web sides of Czech Computer, the link Claims. In the case the certified service consider the defect as irremediable and the claim is not handled, the buying entrepreneur is obliged to make the claim to the seller during the guarantee time which is extended by the period the product was in the certified service.

In other cases the procedure is following:

The buying entrepreneur delivers at their own expense and risk to the address of the complaints department in Praha 4, Hviezdoslavova 666, in Prague 5 - Archeologická street 2256/1, in Prague 1 - Krakovská street 22, in Prague 8 - Kobyliské square 261/8, in Brno- Křenová street 409/52, in České Budějovice - Lannova road 92/53 or in Příbram - Brodská street 570. We advise to deliver the product including all manuals, documents, cables and floppy disks and all accessories in the original or alternative wrapping. The goods must be delivered including the voucher and the certificate of warranty or the invoice - certificate, possibly the original certificate of warranty from the producer to forward the reclaim procedure.

Our assistant from the complaints department will consider the reclaimed fault and decide about the justice of the claim immediately, if it is possible. The assistant will write out the reclaim record where the description of the reclaimed fault, the way and the date of settlement of the claim will be stated. In the case the reclaimed fault is not legitimate, that fact will be written in the reclaim record (refused claim).

In the case Czech Computer Ltd. finds out the claim is not legitimate, the company familiarizes the buying entrepreneur with the fact without any delays, within 30 days from accepting reclaimed goods at the latest.

Substantial breach of contract

If the product has an irremediable defect or the bigger amount of defects which make the use of the product impossible, it is substantial breach of the contract.

In this case the buyer can:

1. claim exchanging the goods, delivering missing goods, remedy of legal defects
2. claim remedy of defects if the defects are remediable
3. claim reasonable discount

The rights of the buyer guaranteed by the Commercial Code are not injured by this arrangement.

The buying entrepreneur can choose from the options above only in the report of the defects when reclaiming or in 24 hours after handing in the report. The choice cannot be changed without the agreement of Czech Computer Ltd. If the buying entrepreneur does not make the choice in time, within the period mentioned above, the procedure is as at minor breach of contract.

Minor breach of contract

Remediable defects, legal defects, the bigger amount of defects which do not make the use of the product impossible, repeating defects and other defects (in the amount, colour, missing documents etc.) are considered to be minor breach or contract.

In this case the buying entrepreneur can claim remedy of the defects or reduced price.

It is on Czech Computer’s decision whether the defect will be remedied or the product will be exchanged!

The reasonable time for remedying defects is 30 days; in well-founded cases the time can be extended. Czech Computer Ltd. proposes the time needed for repairing the goods. If the buying entrepreneur does not communicate disagreement without any reasonable delays, the proposed time is considered to be set. If Czech Computer Ltd. does not remedy the defect in the set time, the buying entrepreneur can claim discount or withdraw from the contract. The buying entrepreneurs can withdraw from the contract if they state the intention while setting the time needed for repairing the goods or in reasonable time before withdrawing. The choice cannot be changed without Czech Computer’s agreement. The goods must be returned undamaged, without any signs of use, in the original wrapping and with all accessories, including the certificates of warranty and manuals.

The buying entrepreneurs cannot withdraw from the contract if they did not report the defects in time to Czech Computer Ltd.

The buying entrepreneurs cannot withdraw from the contract if reclaimed products cannot be returned in the state they were sold, with these exceptions:

1. the product was not changed by the buyer
2. the product was changed during proper examination done to find out the defects of the product

If the value or the returned goods has decreased as the result of using the goods, the buying entrepreneur is obliged to meet the missing value according §441, article 4 of Com. C. The procedure is the purchase price is returned to the buyer lower by the value of wearing the product. The value of wearing is stated by Czech Computer Ltd. according the amount of wearing or damage. If the returned products were delivered by a transporter, the buying entrepreneur has no rights of the compensation of the delivery costs.

The buyer can refuse to accept an article from a transporter if it is damaged visibly, or if the wrapping is damaged visibly and it makes you suppose the goods inside is damaged (applicable for the cases the wrapping was exposed to weather or water).

If the buyer wants to accept the goods, as damaged wrapping does not mean damaged goods necessary, the deliverer is obliged to write a report about the damage of the article. In the case of damaged goods inside, the deliverer will handle the claim on the basis of the report. If the buyer finds out damage possibly caused during delivery, they are obliged to report the fact to Czech Computer Ltd. in 24 hours. The company will inform the buyers about next procedures. When being delivered damaged goods, the buyer is entitled to claim a new product, as the engagement lasts, or to withdraw from the contract because of the lack of interest in later delivery of goods. The fact must be communicated to the seller while reporting about delivering damaged goods.

If the handled claim is not collected in 30 days after receiving announcements of repairing the goods, the storage of 25,-Kč will be charged for every day after handling claim started. The buyer will be informed about finishing claim procedure in writing sent with one of the communication means. If the reclaimed product is not collected by the time the storage exceeds the value of the product, the goods will be used to cover the storage.