Claims management policy
I. General provisions
• The Claims Management Policy is an integral part of General Terms and Conditions of the Seller, HiES Tech s.r.o. It describes the process of handling sales returns of goods purchased from the Seller.
• The Purchaser, who is either a business/enterprise or an end consumer, is obliged to familiarize him-/herself with the Claims Management Policy and the General Terms and Conditions before the purchase is made. By entering into the Purchase Contract and by taking the goods from the Seller, the Purchaser expresses consent with this Claims Management Policy. The definitions of terms included in this Claims Management Policy take precedence over the definitions in GTC. If the Claims Management Policy does not define a specific term, the meaning of the term as defined in GTC applies. If neither the GTC contain a definition of the term, it is understood in the meaning indicated in the legal provisions currently in force.
• As Acceptance of goods in case of a Purchaser – business or enterprise is regarded the moment of delivery of the goods from the Seller to the Purchaser or to the first carrier. As Acceptance of goods in case of a Purchaser – end consumer is regarded the moment of Consumer`s acceptance of the goods from the Seller or from the carrier.
• The purchase document (invoice or receipt – hereinafter referred to as Certificate of warranty) is made out by the Seller. This document serves as a warranty document (certificate of warranty) and is shipped with the purchased goods. It contains all the necessary data required by law in case of a warranty claim (product name, warranty period, price, quantity, serial number).
• By request of the Purchaser, the Seller makes out a warranty document in the written form (certificate of warranty). The certificate of warranty contains the trade name of the Seller, his identification number and registered office. However, by default (whenever possible), the Seller makes out a certificate of purchase with all the necessary data instead of a certificate of warranty. If necessary (with regard to the warranty provided), the Seller provides a comprehensive explanation of the content and scope of the warranty, conditions, length of warranty term and the process of setting up a warranty claim in the certificate of warranty. The Seller also mentions in the certificate of warranty, that by granting warranty, no rights of the Purchaser related to the purchase of goods are affected.
II. Length of the warranty period
• The warranty period commences in principle by acceptance of the goods by the Purchaser. In case of consumer goods sale, the legal warranty period of 24 months applies only for consumers, unless a longer warranty period is defined in a special provision. The warranty period is extended by the time the complaint is being handled. The rights resulting from the liability for defects of goods that are covered by warranty shall cease, if not claimed during the warranty period.
• If the Purchaser is an end consumer, the claims during the legal warranty period shall follow the provisions of Act No. 40/1964 Coll. (Civil Code), with regard to further specifications in this Claims Management Policy. In case of an extended warranty period, the claims process follows solely this Claims Management Policy.
• The only exception are products sold at discounted price (damaged, used, incomplete, etd. – such specification shall be always listed in the product information; if not, the product is considered to be new, undamaged and complete). If the Purchaser – consumer buys used products, the Seller shall not be liable for damages that are appropriate to the scope of usage or for wear that was present before the Purchaser accepted the goods; the rights resulting from the liability for defects of goods shall cease, if not claimed within 12 months from the day of acceptance of the product by Purchaser. This time period shall be listed in the sales document and (appropriately highlighted) in the description of the products offered and in the order confirmation. In case of products sold at a discounted price by reason of defect or incompleteness, the warranty does not cover the defects that were the reason for price discount.
• In case of selected products, the warrranty for Purchasers who are not end consumers is limited by the producer. Legal rights of an end customer (consumer) are herewith not affected in any way.
III. Warranty terms and conditions
• The Purchaser is obliged to check the state of the consignment together with the carrier according to the enclosed carriage document. The purchaser is entitled to refuse to take delivery that does not comply with the purchase contract, i.e. it is incomplete or damaged. If the Purchaser takes such consignment from the carrier, it is necessary to describe the damage in the delivery certificate of the carrier.
• Incomplete or damaged consignment must be immediately reported by e-mail: firstname.lastname@example.org, the damage report must be completed with the carrier and sent without undue delay by e-mail or regular post to the Seller. Additional claim for incompleteness or outer damage to the consignment does not disentitle the Purchaser from any claim for damage, however, it enables the Seller to prove that there is no conflict with the purchase contract.
• The goods under claim should be well secured and protected against damage during transport, the package should be visibly marked as „SALES RETURN“ and it should contain the following: claimed goods (including all accessories), it is recommended to attach a copy of purchase document, detailed description of damage and sufficient contact information of the Purchaser (especially the address and phone number). If the aforementioned items are not provided, the origin and scope of damage of returned products cannot be identified.
• The warranty does not cover defects resulting from use, misuse or improper use, or inadvertent or deliberate damage, unless such use is normal and common and unless such usage was excluded in the purchase contract, contract for work or instructions for use. Furthermore, the warranty does not cover defects resulting from improper operation, incompetent or inadequate handling and/or usage.
• Furthermore, the warranty does not cover defects resulting from mechanical damage, using the products in environments that do not comply with the specifications of the Seller or producer regarding temperature, dustiness, humidity, chemical and/or mechanical impacts; defects resulting from incompetent installation, handling, maintenance, operation or neglect of maintenance; defects resulting from the fact that the goods were overloaded or used in conflict with the conditions stated in the specifications or general requirements, due to an incompetent action or altering of parameters; the warranty also does not cover damages to goods that were altered by the customer (painting, bending, etc.), if the damage was a result of such alteration, as well as damages to goods that were damaged by natural elements or force majeure.
• It is recommended to describe the defect in writing.
IV. Claim settlement process
• If the Purchaser is also end consumer and in the event that the matter upon receipt by the buyer is not in conformity with the contract (hereinafter referred to as "conflict with the contract"), the Purchaser has the right to demand that the seller brought the matter to the state that corresponds to the purchase contract, free of charge and without undue delay, either by replacement or repair of the products, as required by the Purchaser. If the abovementioned solution is not possible, the Purchaser is entitled to receive a reasonable discount from the price of the product, or to withdraw from the contract. The abovementioned does not apply, if the Purchaser was aware of the non-compliance with the Purchase contract before accepting the product, or if the non-compliance with the Purchase contract was caused by the Purchaser alone. Conflict with the purchase contract, which will take effect within six months after receipt of the product shall be deemed as having already existed at the moment of the product acceptance, if not against the nature of the matter or unless proven otherwise. Compliance with the contract means in particular that the product sold has quality and properties required by the contract, described by Seller, producer or their representative, or expected based on an advertisement; or quality and properties common for a thing of this kind, that the product sold conforms to all legal requirements, has an adequate quantity, amount or weight and corresponds to the purpose described by the Seller in relation with intended or common usage of such a thing.
• If the Purchaser is an end consumer, he is entitled to the following, when filing a legal warranty claim (depending on the nature of defect): in case of a correctable defect, the Purchaser is entitled to due, timely and free-of-charge rectification of the defect, replacement of the defective goods or parts, unless it is inadequate in relation to the nature of the defect. If the abovementioned solution is not possible, the Purchaser is entitled to receive a reasonable discount from the price of the product or to withdraw from the purchase contract, if the damage is non-correctable and if it impedes the proper usage of the product, replacement of the defective goods or withdrawal from the contract; the same rights apply in case of correctable defects that, however, have occured repeatedly even after repair, thus preventing the consumer from proper usage of the product; the same applies in case of multiple defects. Repeated ocurrence of a defect: a situation when the same defect that prevents the proper usage of the product and that was already repaired at least twice during the warranty period, occurs again. Multiple defects: if a product shows at least three defects at once, that prevent the proper usage of the product, if those defects are non-correctable and if the consumer does not require replacement of the product, he/she is entitled to receive a reasonable discount from the price of the product or to withdraw from the purchase contract.
• The method of claim settlement is decided by the Purchaser. The Seller may advise the Purchaser of inappropriateness of his/her choice (if applicable) and suggests a proper method (in particular in cases when the Purchaser wants to have the claim settled in the manner related to correctable defects, but the Seller finds out that the defect is non-correctable). If the Consumer does not choose a method of claim settlement in reasonable time, it shall be chosen by the Seller.
• In case of a price discount, the damage that was the reason for such discount cannot be claimed.
• If the Purchaser is also a consumer, the Seller decides on the claim immediately, or within three days, if the case is complicated. This time period does not include the time necessary for professional judgment of the defect, that is appropriate for the specific product or service. The claim (including rectification of the defect) shall be settled without undue delay, within 30 days from the day of filing the claim at the latest. The 30-days term can be extended upon agreement with the consumer – however, such extension cannot be for an indefinite or unreasonably long period. After expiration of this time period, it is assumed that the defect of product really existed; in such case, the consumer has the same rights as in case of a non-correctable defect. This term is not binding in relation to the Purchaser who is a business or enterprise – in such case, the relationship with the Seller is governed by the Commercial code.
• The Purchaser is entitled to receive a compensation of necessary costs (in particular the postage paid for sending the goods under claim) that have arisen in connection with exercising his/her rights resulting from the liability for defects and that were expended provably and efficiently (it is recommended to apply for such compensation within 30 days after claim settlement – the statutory period is not affected). In case of withdrawal from the contract by reason of defect, the consumer is also entitled to receive compensation of claims connected with such withdrawal.
• If the Puchaser is a business or enterprise: In case of a correctable defect, the goods shall be repaired. If the repair is not possible and the nature of defect does not prevent normal usage, the Seller can agree on a reasonable discount from the product price with the Purchaser. In case of a price discount, the damage that was the reason for such discount cannot be claimed later. In case of a non-correctable defect that prevents the product from being used as a non-defective product, the Seller is entitled to replace the defective goods with products of the same or similar product manufacture quality, or to make out a credit note.
• After settling a justified claim, the warranty period is extended by the time the complaint is being handled. In case of an unjustified claim, the warranty period is not extended. If the claim was settled in the legal warranty period by replacement of goods for new goods, the warranty period commences again from the date of claim settlement. The period of claim settlement is counted from the next day after filing the claim until the day of claim settlement, i.e. the term during which the Purchaser was obliged to take on the product. The customer is notified of the claim settlement by e-mail entered by purchase.
• If the goods under claim are not withdrawn within 30 days after settling the claim, or – if the claim was settled later – within a month from claim settlement notification (i.e. usually within 60 days from filing such claim), the Seller is entitled, as per Sect. 656 of the Civil Code, to bill the Purchaser for warehouse charges at the time of goods issue.
• By the issue of goods after a claim settlement, the Purchaser is obliged to submit the document upon which the goods were accepted for claim settlement and to identify him-/herself with an ID card or passport.
V. Expendable supplies and concluding provisions
• If the package includes expendable supplies or if such expendable supplies are the object of purchase, their normal service life is 6 months, unless specified otherwise. The right of the Purchaser to claim goods during the statutory warranty period is hereby not affected. However, the Purchaser must consider also the abovementioned facts, because the warranty as per Sect. 619 (2) of the Civil Code does not cover wear caused by normal use of the product, thus cannot be confused with the service life of a product. The service life of a product is an inclination to the wear caused by normal use of the product. If a product is used (not owned) for a longer time than its normal service life, it is possible that the defect incurred results from a common wear, however, it might also be a defect that is covered by warranty. In the description of reasons for possible claim repudiation, the Seller states whether the defect was caused by common wear or not.
• This Claims Management Policy is valid as of 1 September 2013 and it supersedes any and all previous Claims Management Policies.