I. General Provisions
Store operator: Ing. Roman Schmock, Heydukova 1868/26, 412 01 Litoměřice, ID: 02520206, (hereinafter referred to as the "seller")
Telephone contact: +420 605 884432
Email: eshop @ jimot.cz
The buyer is obliged to familiarize himself with the Complaints Regulations and the 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 the seller with the necessary cooperation necessary for handling the complaint, otherwise the deadlines will be adequately extended by the time during which the buyer did not provide the required cooperation.
The definitions of terms contained in this Complaints Policy take precedence over the definitions in the General Terms and Conditions. If these Complaints Regulations do not define the term, it is understood in the sense in which it is defined in the General Terms and Conditions. If it is not defined there either, it is understood in the sense in which it is used by legal regulations.
II. Basic provision
As proof of warranty, the seller issues a proof of purchase (invoice) for each purchased item with the legally required data required to apply the warranty (in particular, product name, warranty length, price, quantity).
1. Deadline for exercising rights from defective performance
The period for asserting rights from defective performance begins on the day the buyer takes over the goods, i.e. the day indicated on the purchase receipt or on the warranty card. The term for new goods is 24 months.
Rights from liability for product defects, for which the quality guarantee applies, will expire if they have not been exercised within the specified time.
In the case of settlement of a complaint in the form of an exchange of goods, there is no new period, the period starting from the day of acceptance of the goods by the buyer is decisive.
2. Quality on acceptance
The seller is responsible to the buyer that the item has no defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the item,
- the item has properties that the parties have agreed upon, and if there is no agreement, such properties that the seller or manufacturer described or that the buyer expected 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 that the seller states for its use or for which the item of this type is usually used.
- the thing is in the appropriate quantity, measure or weight.
- the matter complies with the requirements of legal regulations.
If a defect becomes apparent within six months of acceptance, it is considered that the item was already defective upon acceptance by the buyer, unless the seller proves otherwise.
3. Contractual guarantee for quality
The seller can provide a free service within the specified period beyond the statutory period (24 months), this service is governed exclusively by these Complaints Regulations and in particular by the free service, see Article VII. This free service is not the same as the paid "Extended Warranty" service, the terms of which are governed solely by the terms of that service.
III. Warranty conditions
1. Inspection of goods upon receipt
Upon personal acceptance from the seller, the buyer will check the received goods, their completeness and undamaged packaging.
When taking over from the carrier, the buyer will properly and carefully check the condition of the shipment (in particular, the number of packages, intactness of the company tape with the logo, intactness or damage to the packaging) according to the waybill.
The buyer will also check the completeness of the goods on the day of receipt, especially that the package contains everything it should contain.
All discrepancies must be reported to the seller when taking over in person on the spot, when taking over from the carrier, mark them in the carrier's handover report, or the buyer can refuse to accept the shipment, or it is always possible to report to firstname.lastname@example.org. In addition, the seller recommends attaching photo documentation of the damage and packaging in the event of taking over from the carrier.
These agreements do not affect the legal deadline for exercising rights from defective performance. An additional complaint about the incompleteness or external damage of the shipment does not deprive the buyer of the right to complain about the item, but it gives the seller the opportunity to prove that this is not a violation of the purchase contract.
2. Application of complaint
The buyer can make a claim by sending the claimed goods to the seller's address or in person, but only after prior agreement.
The shipment must contain: claimed goods (including complete accessories).
Furthermore, the seller recommends attaching a copy of the proof of purchase or documenting the product warranty in another suitable way, a detailed description of the defect and sufficient contact details of the buyer (especially the return address and phone number). Without the above, it is impossible to identify the origin and defects of the goods.
The seller will issue a written confirmation to the buyer of when the claim was made, what it is about, what method of handling the claim is required, immediately after receiving the claim. In the event of a claim being made in person, the confirmation is sent immediately in paper form at the customer's request, in all other cases the confirmation is sent by e-mail. The confirmation serves only as proof of receipt of the complaint. The condition of the goods in which the Buyer handed over these goods to the Seller will be assessed as part of the complaint procedure.
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 purchase price will be returned to the buyer reduced by the price of the undelivered accessories.
Violation of the protective seal, information sticker or serial number exposes the buyer to 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 handle the goods to the full extent of what the goods are intended for.
In addition, the warranty does not cover damage caused (in the event that such activity is not a normal activity and is not prohibited in the attached instructions for use):
- mechanical damage to the goods,
- using the goods in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical effects of the environment, which are directly determined by the seller or manufacturer,
- unprofessional handling, service, or neglect of the care of the goods,
- damage caused by excessive loading or use contrary to the conditions specified in the documentation or general principles,
- performing unqualified intervention or changing parameters,
- goods that have been modified by the customer, if a defect has arisen as a result of this modification,
- damage by natural elements or force majeure,
These restrictions do not apply if the properties of the goods, which are contrary to the above conditions, have been expressly agreed upon by the buyer and the seller, exchanged or declared by the seller, or can be expected due to the advertising carried out or the usual way of using the goods.
4. Rejection of the claim
The seller has the right to reject a claim for goods in cases where the claimed goods and/or their components are contaminated or do not meet the basic prerequisites for hygienically safe delivery of the goods for the claim procedure.
IV. Complaint handling
1. Buyer - consumer
In accordance with the provision of § 2 paragraph 1, letter a) of Act No. 634/1992 Coll., on consumer protection, as amended, a consumer is a natural person who does not act as part of his business activity or as part of the independent exercise of his profession.
If the buyer is a consumer, the seller decides on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for a professional assessment of the defect.
The seller will handle the complaint, including the removal of the defect, without undue delay, no later than 30 days from the day after the complaint was submitted. The period of 30 days can be extended after making a complaint by agreement with the consumer - such an extension must not be indefinite or disproportionately long. After the deadline or extended period, it is considered that a defect in the goods actually existed and the consumer has the same rights as if it were a defect that cannot be removed.
2. Buyer - entrepreneur
If the buyer is an entrepreneur, the seller undertakes to make a decision on the claim within 40 days from the date of the claim. The buyer entrepreneur will be informed of this decision via contact e-mail.
V. Common Provisions
The seller will issue a written confirmation to the buyer of the date and method of settlement of the complaint, including confirmation of the repair and the duration of the complaint, or justification of the rejection of the complaint.
After handling the complaint, the seller will notify the buyer about the termination of the complaint either by phone, SMS or e-mail. If the goods were sent by a shipping service, they will be automatically sent to the buyer's address after processing.
After a recognized claim has been settled by repair or replacement, the device's warranty is extended for the duration of the claim. The duration of the complaint is calculated from the day following its application to the day the buyer was informed of the settlement.
The buyer has the right to reimbursement of purposefully incurred costs associated with the application of a justified complaint. These costs are understood as the least necessary. In particular, this concerns the postage for sending a complaint. These costs do not have to include travel by car to apply for a claim and express transport and other similar things. Reimbursement of costs must be requested without undue delay, but no later than 1 month from the end of the period for exercising rights from defective performance.
The buyer is obliged to check the received goods and their compliance with the complaint delivery protocol. The buyer will also check the completeness of the goods, especially that the package contains everything it is supposed to contain. Later objections will no longer be taken into account.
These agreements do not affect the legal deadline for exercising rights from defective performance.
The buyer is obliged to take over the complaint without unnecessary delay within 30 days from the day on which he was informed about its handling, this period cannot expire earlier than 60 days from the filing of the complaint.
If the claim is not accepted by the buyer by the last day of the deadline at the latest, the seller will be charged a storage fee for storing the 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 settled complaint within 6 months from the day he was informed about the settlement, the seller reserves the right to sell the goods and use the proceeds to pay the storage fee.
VI. Consumables and minimum lifespan
If the subject of the purchase is a consumable, or if this material is part of the purchased goods, the lifetime will be used instead of the quality guarantee. The service life can be stated in terms of time, in the period of the goods or in the number of uses, or in the number of printed tents or similarly specified. More than one of these lifetimes may be listed for goods. In order to successfully apply for a claim, it is necessary to comply with all the stated conditions.
The buyer's right to claim goods within the statutory warranty period is not affected by this. However, the buyer must take into account the above facts, as the warranty does not cover wear and tear caused by normal use of the item and cannot be confused with the lifetime of the product. The life of the goods represents the susceptibility to wear and tear caused by normal use. If you have been using (not owning) the product for longer than its normal lifespan, it is likely that the defect is the result of normal wear and tear, but it is not excluded that it is indeed a warranty defect.
The seller is obliged to mark the shelf life on the offered goods, otherwise he has no possibility to invoke this shelf life.
VII. Final Provisions
The buyer's rights arising from the law are not affected by these Complaints Regulations.
These Complaints Rules are valid from January 1, 2023 and cancel the validity of previous complaints rules.
This Complaints Procedure is available as a document at www.jimot.cz.