I. General Provisions
The Customer Complaints Code is an integral part of the General Business Terms of the Seller,Jakub Šlechta, Identification number 06102255, VAT Reg. No. CZ9101123064, with its registered office at Lomená 1749/14, CZ-415 01 Teplice, registered in the Commercial Register with Magistrát města Teplice (“Gifterio” or “Seller“), and describes how to claim the products purchased at Gifterio.
The Buyer is obligated to acquaint himself with the Customer Complaints Code and the General Terms and Conditions (hereafter referred to as the “GBT”) before ordering any items. At the same time, the Buyer acknowledges that he is obliged to provide Gifterio with the level of co-operation necessary to resolve the claim, failing which the time-limit for the claim procedure will be extended by the time the Buyer did not provide the required cooperation.
By entering the purchase agreement and accepting items from the Seller, the Buyer agrees to this Customer Complaints Code.
Definitions of the terms contained in this Customer Complaints Code take precedence over the definitions as contained in the GBT. If this Customer Complaints Code does not define a term, the meaning is understood as defined in the GBT. If the GBT does not define it either, it is understood to have the meaning used in legislation.
Repair services covered by a purchased or contracted service are solely governed by the terms of the particular service.
II. Quality Guarantee
As proof of warranty, Gifterio issues a proof of purchase (invoice) with the legal data required for the claim procedure (e.g. the name of the product, warranty period, price, quantity, serial number).
At the express request of the Buyer, Gifterio can also provide the warranty in the form of a warranty card. By default, however, and if possible, the Seller provides the Buyer with a proof of purchase of the item, which contains all the necessary data.
If it is necessary for the warranty provided, Gifterio will explain the content of the warranty in a warranty card in an understandable manner, specifying its scope, conditions, duration and the way in which claims can be exercised. Gifterio will also state in the warranty card that the warranty does not limit or infringe the Buyer’s rights related to the purchase of the product.
1. Time period for claiming defective performance
The time period for claiming defective performance starts on the date the Buyer receives the product, i.e. on the date listed on the purchase receipt or on the warranty card.
The time period is:
- 24 months for new (including unpacked) items;
- 21 months for refurbished items (refurbished items are used items that have been checked by our specialists and are marked accordingly);
- 12 months for used items (used items means products marked as such, which have been used or serviced, have no defects, and the completeness of the packaging does not prevent full use of the product).
For consumer products (e.g. cosmetics, drugstore items, etc.) the Buyer is entitled to claim defective performance within twenty-four (24) months, unless the expiration date is stated on the packaging, in which case the period is shortened to last until the date marked on the packaging.
The time period ends with the date corresponding to the date on which it started, after the given number of months. The warranty period in months is listed for each product in the Seller’s shop and is sufficiently highlighted on the purchase receipt.
Any liability claims applicable to the product become void if the claim is not submitted within the warranty period.
If a complaint is settled by replacing the item, the warranty period is not renewed. The original warranty period remains in effect, starting from the date when the Buyer received the original product.
2. Quality upon takeover
The Seller is obligated to ensure that the Buyer’s purchased product has no defects upon takeover. In particular, the Seller is obligated to ensure that at the time when the Buyer receives the product,
· the product has all the properties agreed on by both parties, and if such agreement does not exist, the product properties must be as described by the Seller or the manufacturer, or what the Buyer expects based on the nature of the product and the advertising made by the Seller or manufacturer.
- the product is suitable for the purpose indicated by the Seller or for the purpose the particular product type is normally used.
- the product is delivered in the appropriate quantity, volume, or weight.
- the product meets necessary legal requirements.
If a defect occurs within six months of the takeover, it is assumed that the product was defective at the time of purchase by the Buyer, unless the Seller can prove otherwise.
III. Warranty Terms and Conditions
1. Quality Inspection
When receiving the goods from the shipping company, the purchaser is to properly and thoroughly inspect the delivery (namely the number of packages, undamaged sealing tape bearing the company logo and undamaged packaging) as per the delivery note.
On the day of receiving the goods, the purchaser is to further inspect the goods for completeness; in particular, if all parts have been delivered.
Any incongruities are to be reported to Gifterio upon receipt of the goods from the shipping company and stated in the record of delivery whereby the purchaser may refuse to accept the delivery. Any incongruities may as well be reported to the email address firstname.lastname@example.org or by completing the contact form. Photos documenting the defects and damaged packaging are recommended to be attached.
The statutory warranty period is not affected thereby. Any subsequent claims of incomplete delivery or damaged packaging do not limit the purchaser’s right to claim the warranty; yet, they enable Gifterio to prove that the same do not represent a conflict with the purchase agreement.
2. Warranty Claims
The warranty may and can be claimed with Gifterio in which case the purchaser is to deliver the goods in question, incl. major appliances, to the following address:
Teplice 415 01
The goods claimed (including all parts and accessories) are recommended to be delivered with the proof of purchase, warranty certificate or similar document, detailed description of the defects and sufficient contact details of the purchaser (shipping address and telephone number) so that the goods can be identified and the defects diagnosed.
The mode of handling the claim (repair, replacement or refund) is also recommended to be selected.
A written document with information as to the date of the claim, scope of claim and selected solution is issued and emailed to the purchaser once the claimed goods are delivered; if the warranty is claimed in person, the document is handed over directly to the purchaser.
The purchaser acknowledges that if the claimed goods are not submitted to Gifterio with all parts and accessories pertaining thereto, the purchaser – if withdrawing from the agreement – will be refunded the purchase price less the price of the parts and accessories not submitted.
Compatibility of the purchased parts with other parts not approved by Gifterio, manufacturer or goods provider is not guaranteed; nor is the compatibility with software applications whose functions have not been explicitly requested by the purchaser in the written order, unless such compatibility is common to similar goods or unless Gifterio explicitly states that the goods in question are (are not) compatible only with the items listed.
If the protective seal, information sticker or serial number is damaged, the purchaser risks that the claim will be rejected; unless the same have been damaged in the course of ordinary use of the goods in question. The seals and serial number constitute an integral part of the goods and as such do not limit the customer in using and handling the goods within the extent to which the goods have been designated.
The warranty further does not apply to the damage caused by or resulting from the following activities (however, only if such activity is not usual and at the same time is not prohibited in the enclosed instructions for use):
- mechanical damage;
- overvoltage (visibly burnt components or printed circuit boards) with the exemption of common deviations;
- use of goods in conditions (temperature, dust, humidity, chemical and mechanical conditions) other than directly stipulated by Gifterio or manufacturer;
- unprofessional installation, use, operation or neglected maintenance;
- PC virus (damaged goods or parts of the goods);
- defects to software with no proof of legal licence; or use of unauthorised software and consumables;
- excessive overuse or use contrary to the terms and conditions stipulated in the relevant documents or contrary to the general practice;
- non-qualified interventions or adjustments of parameters;
- adjustments made by the customer (painting, bending, etc.);
- incorrect BIOS or firmware upgrade;
- forces of nature or force majeure;
- use of incorrect or defective software; and
- use of incorrect or other than original consumables; however, only if such use is not usual and at the same time not exempted in the enclosed instructions for use.
These limitations do not apply to cases where the characteristics of the goods being in conflict with the above have been explicitly agreed on or stipulated by and between the purchaser and Gifterio or declared by Gifterio; or to cases where the same can be expected with reference to the advertisement or usual use of the goods.
A warranty arranged with respect to the purchased software applies only to the physical readability of the media (the media cannot be scratched, etc.). The purchaser becomes a legitimate user of a software product and accepts the licence terms and conditions of the software manufacturer once the protective elements (foil, seal, envelope, etc.) are removed or once the digital version is downloaded. This does not apply to the conflict with the purchase agreement (see below).
The claimed goods are tested only for the defects claimed by the purchaser (as claimed in the claims form or enclosed document describing the defects in question). Gifterio recommends describing the defects in writing, whether in paper or electronic form.
If the claim is rejected and the purchaser agrees that the goods will be repaired for consideration, the purchaser is charged the amount stipulated in the valid price list of the authorised service centre.
The purchaser acknowledges that the repairs for consideration are not provided for directly by Gifterio but rather facilitated by Gifterio whereby Gifterio only orders the repairs with the authorised service centres or communicates the repairs, transport, etc. with the authorised service centres. Gifterio assumes no liability for the repairs made.
Before the goods are repaired, the purchaser is informed about the price, extent and time necessary for the repair. The repair is made within 60 days from the day after the goods are received by Gifterio. The goods can be repaired for consideration only if the purchaser so explicitly agrees (resp. only under the executed services agreement) after having received the information stipulated in the preceding sentence.
If the claim is rejected, the purchaser acknowledges that Gifterio may and can re-invoice to the purchaser the costs charged by the authorised service centre for diagnosing the defect and shipping the goods back as stipulated in the price list of the authorised service centre in question (applicable to purchasers-entrepreneurs only).
6. Rejected Goods
A. Dirty Goods
Gifterio has a right to refuse to accept the claimed goods if the goods in question and/or parts thereof are dirty or do not comply with the basic sanitary and security requirements for claiming the warranty. Fuel tanks must be submitted empty.
IV. Handled Claims
1. Purchaser – Consumer
The consumer is a private individual acting in a private capacity.
Claims of purchasers-consumers are addressed by Gifterio immediately or, if the complex nature of the claim so requires, within a maximum of three business days (excluding the time reasonably necessary to professionally assess the defect with respect to the type of the claimed goods or services).
The claims are handled and the defects are removed by Gifterio without undue delay; however, within a maximum of 30 days after the warranty has been claimed. Once the warranty is claimed, the period of 30 days can be extended as per the agreement with the consumer; however, only for a period other than indefinite or unreasonably long. After the period (extended period) expires, the claimed defect is deemed to have indeed existed and the consumer has the same rights as if the defect in question was identified to be other than capable of being removed.
V. Common Provisions
The purchaser is issued a written document including information as to the date of the claim, result, repair (if any), duration and reasons (if any) for rejecting the claim.
After the claim is handled, the purchaser is notified by Gifterio as of the result by telephone, text message or email. Goods shipped by a shipping company are automatically shipped backed to the purchaser’s address once the claim is completely handled.
If the claim is accepted as legitimate and the goods are repaired or replaced, the warranty period is extended for the period of handling the claim; this period commencing one day after the day the warranty has been claimed and terminating on the day the purchaser has been informed about the result.
If the claim is accepted as legitimate, the purchaser may and can claim reimbursement of costs reasonably incurred in claiming the warranty; in particular, the purchaser may and can claim the reimbursement of postage. The costs claimed need not necessarily include costs incurred in travelling by car to claim the warranty, express shipping, etc. The reimbursement of costs must be claimed without undue delay; however, within a maximum of one month before the warranty period expires.
Once the claim is handled, the purchaser must collect the goods in question without undue delay and do so at the latest within 30 days after having been informed about the handled claim; this time limit, however, expiring no sooner than 60 days after the warranty has been claimed.
If the time lapses to no effect and the goods in question are not collected, the purchaser is charged a fee of CZK 20 incl. VAT for storing the goods in question; charged by Gifterio for each day of delay.
If the goods in question are not collected by the purchaser within 6 months after the purchaser has been informed about the handled claim, Gifterio reserves the right to sell the goods in question and offset the proceeds against the outstanding storage fee.
To prevent damage/legitimisation of proceeds of crime (if any), the goods in question can be collected/cash refunds can be made against a document evidencing the claimed warranty and a valid identity document of the purchaser (ID card, passport). Unless the said documents are presented, the goods in question/cash refunds may and can be refused by Gifterio or Gifterio’s contractual partners to be collected / paid. Goods in question claimed by purchasers-legal entities can only be collected by/cash refunds can be paid to the respective authorised entity or proxy acting under a duly authenticated power of attorney.
VI. Consumables and Minimum Lifetime
Purchased consumables (cartridges, toners, print heads, press cylinders, projector lamps, batteries, illumination, etc.), whether alone or constituting a component of the purchased goods, are subject to a lifetime warranty. The lifetime can be expressed in terms of time, best before date, number of use, number of printed pages, etc. whereby several lifetimes can apply concurrently. The lifetime warranty cannot be claimed unless all of the stipulated terms and conditions are met.
The purchaser’s right to claim the warranty in the warranty period is not affected thereby. In claiming the warranty, however, the purchaser must take the above into account as the warranty does not apply to the ordinary wear and tear caused by common use of the goods and as such cannot be confused with the lifetime of the goods in question. Lifetime represents the tendency of the goods in question to become worn and torn if used in a usual way. If the goods are used (i.e. not owned) for a period exceeding the usual lifetime of the goods in question, the defect is likely to be caused by ordinary wear and tear; however, without prejudice to the warranty defect.
If not marked on the goods offered by Gifterio, the lifetime warranty cannot be claimed.
The statutory rights of the purchaser are not affected hereby.
This Claims Code comes into effect on 6 November 2017, repealing the previous versions.