Complaints Procedure

Complaints Procedure

The Complaints Procedure is an integral part of the Seller's General Terms and Conditions of Clatronic CZ & SK s.r.o, ID No. 280 23 609, with its registered office at náměstí Republiky 1068/3, 360 01 Karlovy Vary ,registered in the Commercial Register maintained by the Regional Court in Pilsen, Section C, File 21767 (hereinafter referred to as “Seller” or “Clatronic CZ & SK”), and procedure, how to approach the claim of goods acquired from Clatronic CZ & SK.

The Buyer is obliged to familiarize himself with the Complaints Regulations and General Terms and Conditions (hereinafter referred to as the “GTC”) before ordering the goods.

At the same time, the Buyer acknowledges that he is obliged to provide Clatronic CZ & SK with the necessary synergies necessary for the settlement of the complaint, otherwise the deadlines are adequately extended by the time in which the buyer did not provide the required cooperation.

By concluding a purchase contract and taking over the goods from the seller, the buyer agrees to this Complaint Procedure.

The definitions of terms contained in this Complaint Procedure take precedence over the definitions in the GTC.

If this Complaints Procedure does not define the term, it is understood in the meaning in which it is defined in the GTC.

If it is not defined there either, it is understood in the meaning in which it is used by legislation.

In the case of redemption of a service within a purchased or contracted service, this service intervention is governed solely by the terms of the service.

II. Quality Guarantee

As proof of warranty, Clatronic CZ & SK issues a proof of purchase (invoice) for each purchased goods with the statutory data required for the application of the warranty (in particular, name of goods, length of warranty, price, quantity, serial number).

Deadline for exercising rights arising from defective performance

The period for exercising the rights arising from defective performance begins on the date of receipt of the goods by the buyer, i.e. the date indicated on the purchase document.

The deadline is:

for new (including unpacked) goods 24 months;
for newer goods 18 months (newer goods are meant used goods that have subsequently passed the inspection of our experts and which are thus marked);

• for goods used for 12 months (used goods mean such marked goods that are used or serviced without defects, while the completeness of the packaging does not prevent the full use of the product).

The period shall end on the date which the numerical designation coincides with the date on which it commenced and the corresponding number of months later.

In the case of settlement of a complaint in the form of exchange of goods, a new deadline does not run, the deadline starting from the date of receipt of the goods by the buyer is decisive.

2. Quality upon receipt

The seller responds to the buyer that the item does not have defects upon receipt.

In particular, the seller responds to the buyer that at the time the buyer has taken over the item,

• the item has the characteristics agreed by the parties and, if the arrangement lays, those characteristics described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of the advertising carried out by them.

• the item is suitable for the purpose indicated by the seller for its use or for which an item of this kind is usually used.

the item is in the appropriate quantity, measure or weight.
the item complies with the requirements of the legislation.

If the defect manifests itself within six months of the takeover, the item is deemed to have been defective already upon takeover by the buyer unless the seller proves otherwise.

3. Contractual quality guarantee

In addition to the statutory period (24 months), Clatronic CZ & SK may provide free service within the specified period, this service is governed solely by these Complaints Rules and in particular by free service, see Article VII.

III. Warranty conditions

Checking the goods upon receipt

Upon personal receipt from the Seller, the Buyer checks the goods received, their completeness and the harmlessness of the packaging.

Upon receipt from the carrier, the Buyer will properly and carefully check the condition of the shipment (especially the number of parcels, integrity of the company tape with the logo, integrity or damage to the packaging) according to the shipping note.

On the day of receipt, the buyer will check the completeness of the goods, especially that the package contains everything it should contain.

Any irregularities must be reported to the seller during personal acceptance on the spot, when receiving from the carrier they are marked in the carrier's transfer protocol or the buyer may refuse to take the parcel, or they can always be reported to poskozeni.zasilky@clatronic-cr.cz or via the contact form.

Furthermore, Clatronic CZ & SK recommends attaching photo documentation of damage and packaging in case of acceptance from the carrier.

These arrangements are without prejudice to the statutory time limit for exercising the rights arising from defective performance.

The additional claim of incompleteness or external damage to the consignment does not deprive the buyer of the right to claim the matter, but gives Clatronic CZ & SK the opportunity to prove that there is no conflict with the purchase contract.

2. Application of a claim

Clatronic CZ & SK recommends that you make a complaint in the establishment Clatronic CZ & SK s.r.o., náměstí Republiky 1068/3, 360 01 Karlovy Vary.

The consignment must contain:

claimed goods (including complete accessories).
copy of proof of purchase or otherwise appropriate proof of warranty for the goods,

• detailed description of the defect and sufficient contact details of the buyer (especially

return address and phone number).

Without the above, it is impossible to identify the origin and defect of the goods.

Clatronic CZ & SK recommends choosing the required method of handling a claim (repair, exchange, credit note).

Clatronic CZ & SK will issue the Buyer a written confirmation of when the complaint was made, what its content is, what method of settlement of the complaint is required, by email immediately after receipt of the complaint, in case of personal application it is forwarded immediately.

The Buyer is aware that if he does not deliver the claimed goods, including all the accessories received, then in the event of the Buyer's withdrawal from the contract, the Buyer will be refunded the purchase price will be deducted by the price of the unsupplied accessories.

3. The lockouts

By violating the protective seal, informative sticker or serial number, the buyer runs the risk of rejection of the claim, unless the damage occurs during normal use.

Seals and serial numbers are an integral part of the goods and do not in any way limit the customer's right to use and manipulate the goods to the full extent of what the goods are intended for.

Furthermore, the warranty does not cover damage incurred (in the event that such activity is not habitual and is not prohibited in the attached instructions for use):

a. Mechanical damage to the goods,

b. Electrical over voltage (visibly burnt components or circuit boards) with the exception of normal deviations,

c. The use of goods in conditions which do not correspond to their temperature, dustiness, humidity, chemical and mechanical influences of the environment which is directly addressed by the seller or manufacturer;

d. Non-professional installation, handling, operation or neglect of the care of goods;

e. Damage caused by excessive stress or use contrary to the conditions set out in the documentation or general principles;

f. Performing an unqualified intervention or changing parameters,

g. Goods that have been modified by the customer if the defect arises as a result of this modification,

h. damage by natural elements or force majeure,

i. the use of improper or non-original consumables, nor for any damage resulting therefrom, unless such use is habitual and has not been excluded in the accompanying instructions for use.

These restrictions do not apply if the characteristics of the goods contrary to the above conditions have been expressly agreed by the Buyer and Clatronic CZ & SK,

exorcised or declared by the seller or may be expected due to the advertising carried out or the usual use of the goods.

4. Testing for a defect

Goods handed over for claim will be tested only for the defect specified by the buyer (in the complaint form, in the attached sheet with a description of the defect).

To indicate the defect, Clatronic CZ & SK recommends written form, which also means electronic communication.

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 Clatronic CZ & SK service.

The Buyer hereby acknowledges that Clatronic CZ & SK does not carry out paid repairs, only mediates them with authorized services, or provides communication, transport, etc.

Clatronic CZ & SK is not responsible for carrying out the repair.

Before carrying out a paid repair, the buyer will be informed about the price of the repair, its scope and the time required for its implementation, while the repair will be carried out no later than 60 days from the day following receipt of the goods by Clatronic CZ & SK.

The paid repair can be carried out only after the explicit consent of the buyer (or on the basis of the concluded service contract) made after the information.

If the Buyer Entrepreneur and if the complaint is rejected, the Buyer acknowledges that Clatronic CZ & SK is entitled to newly invoice the costs of the authorized service to the Buyer for the diagnosis of the defect and transport according to the price list of the authorized service.

5. Refusal of admission to the claim

a. for contamination of goods

Clatronic CZ & SK has the right to refuse acceptance of goods into a complaint in cases where the claimed goods and/or their components are contaminated or do not meet the basic requirements for hygienically safe delivery of goods to the complaint procedure.

In the case of a claim of a device with water tanks, the tank must be empty at the time of acceptance to the claim.

IV. Complaint settlement

1. Buyer — Consumer

In accordance with the provisions of § 2 paragraph 1, point (a) of Act No. 634/1992 Coll., on Consumer Protection, as amended, the consumer is a natural person who does not act in the course of his/her business activity or in the independent exercise of his profession.

If the buyer-consumer, the seller decides on the complaint immediately, in complex cases within three working days.

The time appropriate according to the type of product or service required for the professional assessment of the defect shall not be counted against this period.

Clatronic CZ & SK will handle the complaint, including the removal of the defect, without undue delay, no later than 30 days from the date of filing the complaint.

The period of 30 days can be extended after the claim has been lodged by agreement with the consumer — such an extension shall not be for an indefinite period or unreasonably long.

After the expiry of the period or extended period, it is considered that the defect in the matter actually existed and the consumer has the same rights as if it were a defect that cannot be eliminated.

2. Buyer — entrepreneur

If the buyer is an entrepreneur, the seller undertakes to decide on the claim within 40 days from the date of filing the claim.

The Buying Entrepreneur will be notified of this decision by contact e-mail.

V. Common provisions

Clatronic CZ & SK will issue the Buyer a written confirmation of the date and method of settlement of the complaint, including a confirmation of the correction and the duration of the complaint, or the justification for the rejection of the claim.

After the complaint is settled, Clatronic CZ & SK will inform the Buyer about the termination of the complaint either by phone, SMS or e-mail.

If the goods were sent by the transport service, they will be automatically sent to the buyer's address after processing.

After the settlement of a recognized claim by repair or replacement, the warranty of the device is extended by the duration of the claim.

The duration of the claim is calculated from the day following its application to the date on which the buyer was informed of the settlement.

The buyer has the right to reimburse the purposefully incurred costs associated with the filing of a legitimate claim.

These costs are understood as the least necessary.

In particular, it concerns postage for sending a claim.

These costs do not include a journey by car for claiming a claim and express transport and other similar ones.

It is necessary to apply for reimbursement of costs without undue delay within 1 month of the end of the period for exercising the rights arising from defective performance.

The buyer is obliged to check the goods taken over and their compliance with the dispensing protocol of the complaint.

The buyer will also check the completeness of the goods, especially that the package contains everything that it should contain.

Later objections will no longer be taken into account.

These arrangements are without prejudice to the statutory time limit for exercising the rights arising from defective performance.

The Buyer is obliged to accept the complaint without undue delay within 30 days from the date on which it was notified of its settlement, this period cannot expire earlier than 60 days from the filing of the complaint.

If the claim is not taken up by the buyer no later than the last day of the period, the Seller will be charged after its vain expiration of storage of goods in the amount of CZK 20, - including VAT for each day of delay.

If the buyer does not pick up the goods from the pending claim within 6 months from the date on which he was informed about the settlement, Clatronic CZ & SK reserves the right to sell the goods and use the proceeds to pay the stock.

When dispensing goods or reimbursing a credit note in cash after the complaint is settled, the buyer is obliged to provide a document on the basis of which the case was accepted into the claim and must prove his identity with a valid identity document (identity card, passport) in order to prevent damage and avoid legalization of proceeds from crime.

Without submitting any of these documents, Clatronic CZ & SK or its contractual partner may refuse to issue the goods or reimburse the credit note.

If the buyer is a legal entity, then the dispensing of goods or reimbursement of the credit note will be made only to the statutory body of the legal entity or to the person who proves himself through a certified power of attorney.

VI. Consumables and minimum service life

If the subject of purchase is consumables (batteries, incandescent lamps and the like) or if this material is part of the purchased goods, the service life shall be used instead of the quality warranty.

The service life may be indicated in time, at the time of the goods or in the number of uses or otherwise similarly specified.

For goods, more than one of these may be listed

Lifetime

In order to successfully make a claim, it is necessary to comply with all the stated conditions.

The Buyer's right to claim the goods within the statutory warranty period is not affected.

However, the buyer must take into account the above, since the warranty does not cover wear and tear caused by the usual use of the item and cannot be confused with the service life of the product.

The service life of goods represents a susceptibility to wear caused by habitual use.

If you use (not own) the goods longer than the normal service life, it is likely that the defect is due to normal wear and tear, but it is not excluded that it is indeed a warranty defect.

Clatronic CZ & SK is obliged to indicate the service life of the offered goods, otherwise it does not have the possibility to rely on this service life.

VII. Free service

Goods sold with a longer warranty than 24 months are provided after the expiration of 24 months, so-called free service.

In the event of a defect in the goods after a period of 24 months, such goods will be accepted for service and will be

corrected, or exchanged for another piece with the same or better parameters, if neither of these solutions is possible, it will be exposed to a credit note.

The Seller undertakes to terminate such service within 35 days of receipt of the goods — after the expiration of this period, the buyer has the right to withdraw from the contract.

The rights from defective performance granted by the manufacturer of the equipment are not affected by this.

VIII. Final Provisions

Buyer's rights arising from the law are not affected by this Complaint Procedure.

This Complaints Procedure is valid from 1 September 2017 and cancels the validity of the previous complaint rules.

This Complaint Procedure is available at the Clatronic CZ & SK headquarters or as a document at www.clatronic-cr.cz