Returns Policy of AMPUL SYSTEM, s.r.o., with its registered office at Čsl. Army 641/40, 78701 Šumperk, ID No. 04887557, VAT No CZ04887557, registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert 65494 (hereinafter referred to as "Ampul.eu" or "Seller").
I. General provisions
- The Complaints Procedure has been prepared in accordance with the provisions of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the “NOZ”) and Act No. 634/1992 Coll., On Consumer Protection, as amended (the “Act”). shall apply to consumer goods (hereinafter referred to as "Goods"), for which the rights of the buyer from liability for defects (hereinafter referred to as "complaints") are claimed during the warranty period.
- The Complaints Procedure is an integral part of the General Terms and Conditions. By concluding the purchase agreement, the Buyer agrees with the General Terms and Conditions and this Complaints Procedure and confirms that he is properly acquainted with them.
- The customer of the internet shop Ampul.cz is either the Buyer-consumer within the meaning of § 2 par. a) of Act No. 634/1992 Coll. on Consumer Protection (hereinafter referred to as “Buyer-Consumer”) or Buyer-Entrepreneur acting in the course of concluding and performing the Contract in the course of its business activity (hereinafter referred to as “Buyer-Entrepreneur”). Buyer-consumer and Buyer-entrepreneur are collectively referred to as "Buyer".
- In concluding and fulfilling the purchase contract, the seller acts within its business activities. The Seller is an entrepreneur who directly or through other entrepreneurs delivers products or services to the Buyer.
II. Seller's responsibility
- The Seller is liable to the Buyer that the Goods are free from defects upon receipt. In particular, the Seller agrees that at the time the Buyer took over the Goods:
- the item has properties agreed by the parties and, in the absence of an agreement, such characteristics as described by the Seller or the manufacturer or expected by the Buyer with regard to the nature of the goods and the advertising carried out by them,
- the item is suitable for the purpose stated by the Seller for its use or for which the item of this kind is usually used,
- the object corresponds to the quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model
- the item is in the appropriate quantity, measure or weight, and
- the case complies with legal requirements.
- The Goods are accompanied by a invoice and some products warranty certificate. If the Goods are not accompanied by a warranty card, a tax document serves to make a claim.
III. Rights of Liability for Defects of Goods
- Obvious damage to the Goods or its packaging upon delivery should be dealt with immediately with the carrier and any discrepancies should be recorded in the handover certificate. The Buyer shall not be obliged to take such Goods from the carrier and shall inform the Seller of any damage discovered without undue delay. The Buyer shall check the integrity of the Goods and the completeness of its accessories on the day of receipt.
- In the case of personal collection by the Buyer, the moment of receipt of the Goods is the moment of transfer of the risk of damage to the Goods from the Seller to the Buyer. If the Buyer fails to inspect the Goods upon receipt, the Buyer may claim from defects detectable at this inspection only if it proves that the defects (eg missing accessories) had the Goods already at the time of transfer of the risk of damage to the Goods. Later claims of incompleteness of the Goods or external damage to the Goods shall not deprive the Buyer of the right to make a claim. However, the seller has the opportunity to prove that there is no conflict with the purchase contract.
- The Buyer-Consumer may claim the Goods in person at all Seller's branches or send the claimed goods by shipping service to AMPUL SYSTEM s.r.o. - Complaints Department, Zábřežská 667/66, 78701 Šumperk.
- In the event that the Buyer - Consumer exercises his right to require the repair of the defects and the warranty card is for the purposes of warranty repair Goods designated entrepreneur different from the Seller, whose registered office or place of business is in the same place as the Seller or the Buyer may exercise the right to a warranty repair with the entrepreneur specified in the warranty certificate and thus speed up the settlement of his claim.
- The right to repair the product can also be exercised in the relevant authorized service. The list of authorized service centers is given in the warranty certificate, or the Seller will provide it to the Buyer upon request.
- V případě, že Kupující bude zasílat Zboží Prodávajícímu nebo servisnímu středisku přepravní službou, měl by ve vlastním interest to pack the claimed Goods in a suitable and sufficiently protective packaging material meeting the requirements of transport so that it will not be damaged during transport. For fragile Goods, he should mark the shipment with the appropriate symbols. The shipment should contain the claimed Goods (including the complete accessories), we recommend attaching a copy of the sales document, a detailed description of the claimed defect and correct contact information of the Buyer. In the case of large white appliances (washing machines, refrigerators, dishwashers, etc.), it is more convenient to arrange a visit with a service technician directly from the Buyer.
- The Buyer is obliged to prove, in a demonstrable manner, that the Goods were purchased in an online store or shop of AMPUL SYSTEM s.r.o. The optimum is the original proof of purchase of the Goods or a duly completed guarantee certificate.
- Rights arising from liability for defects The goods do not apply especially to cases when the defect or damage arose:
- mechanical damage of the Goods
- demonstrably unauthorized interventions into the device, natural disaster, mechanical damage or if the seals have been removed or damaged if the Goods are provided with seals,
- electrical overvoltage (visibly burnt components or printed circuits) except for normal deviations,
- demonstrably misuse,
- use contrary to the instructions for use or instructions given on the packaging or in the warranty card,
- use in violation of generally accepted rules of use,
- demonstrably by use in conditions which do not correspond to their temperature, dust, humidity, chemical and mechanical influences of the environment, which is directly determined by the manufacturer or which is clear from the nature of the matter,
- demonstrably unprofessional installation and operation,
- if the submitted warranty card shows obvious signs of data changes made or if the Goods serial number is different from that stated in the warranty card.
- The Seller's liability for defects does not apply to wear and tear caused by normal use, for Goods sold at a lower price for a defect for which the lower price was agreed, for used Goods for a defect corresponding to the level of use or wear that the Goods had upon acceptance by the Buyer.
- A defect caused by unprofessional installation or other unprofessional commissioning is considered a defect if such assembly or commissioning were agreed in the purchase contract and executed by the Seller or another person under the Seller's responsibility.
LCD monitors and televisions must comply with ISO 13406-2. A defective Goods with the possibility of filing a complaint or exercising a right due to a conflict with the purchase contract is considered to be an LCD TV or monitor that has a higher than the maximum permissible number of defective pixels or clusters. ISO 13406-2 classifies monitors into four quality classes.
Class Type 1 - white point (permanently illuminated pixel) Type 2 - black dot (permanently unlit pixel) Type 3 - color point (permanently not / lit subpixel, resulting in a point with a color other than the desired color) Cluster (square 5x5 pixels) type 1 Cluster (square 5x5 pixels) type 2 I. 0 0 0 0 0 II. 2 2 5 0 2 III. 5 15 50 0 5 IV. 50 150 500 5 50
- If the package or purchase item contains consumables (eg, battery, battery, printhead, projector lamp), its normal life in normal use is 6 months, unless otherwise stated. This does not affect the Buyer's right to claim the Goods within the statutory warranty period. However, the Buyer must take into account the fact that the warranty does not cover the wear and tear of the Goods or its parts caused by normal use and cannot be confused with the service life.
- Gifts provided by the Seller to the Buyer free of charge as part of the purchase contract for other paid Goods shall not be subject to any warranty or liability beyond the law. In the event of withdrawal from the contract, the Buyer is obliged to return the Goods, which are provided as a gift in the original state to the Seller.
- At the Buyer's request, the Seller shall provide the Buyer with a written confirmation of obligations arising from defective performance to the extent stipulated by law (warranty card). The warranty certificate must contain the name or business name, company identification number and registered office of the Seller. If the nature of the thing allows it, it is sufficient to issue to the Buyer proof of purchase of the Goods containing the data as a warranty card instead of the warranty card. If the warranty period is longer than the statutory warranty period, the Seller shall determine the terms and extent of the warranty extension in the warranty certificate.
- The Buyer-Consumer is entitled to exercise the right from a defect that occurs in the Consumer Goods within twenty-four months of receipt of the Goods. If the defect of the Goods becomes apparent within six months of receipt by the Buyer-Consumer, the Goods shall be deemed to have been defective at the time of receipt, unless proven otherwise. In the case of the purchase of already used Goods, the period for exercising rights from defective performance is 24 months. The warranty period for the Buyer-Entrepreneur is twelve months.
- The warranty period begins on receipt of the Goods by the Buyer. The warranty period is extended by the period during which the Goods were under repair. In the case of replacement of goods under warranty repair, the original warranty period continues.
- If the Purchased Goods are to be commissioned by an entrepreneur other than the Seller, the warranty period shall commence only from the date of commissioning of the Goods, if the Buyer ordered commissioning no later than three weeks after receipt of the item and duly and timely provided the necessary cooperation to perform the service. The date of commissioning of the Goods is indicated in the document of commissioning of the Goods received by the Buyer. Thus, the commencement of the warranty period is postponed only if all the above conditions are met. If any of them is not fulfilled, the warranty period starts to run from the date of receipt of the item.
V. Rights from defects in goods
- If the item does not have the characteristics specified in Article Seller's Liability, the Buyer-Consumer may also require the delivery of new Goods without defects, unless this is unreasonable due to the nature of the defect. If the defect concerns only a component of the Goods, the Buyer-Consumer may only require replacement of that component, if not possible, may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, this is a minor breach of contract and in such a case the Buyer-Consumer always has the right exclusively to repair the defect free of charge.
- The Buyer-Consumer shall have the right to deliver new Goods or replace parts even in the event of a removable defect, if the item cannot be properly used for repeated occurrence of the defect after repair or for a larger number of defects. In this case, the Buyer-consumer has the right to withdraw from the contract. Repeated occurrence of a defect after repair is considered to be the same defect, which has been remedied at least twice in the warranty period and which occurs again. If the Goods were repaired at least three times for various removable defects prior to the claim, they are deemed to suffer from a number of defects.
- If the Buyer-Consumer does not withdraw from the contract or exercise the right to deliver new Goods free of defects, to replace their parts or to repair them, they may request a reasonable discount. The Buyer-Consumer shall have the right to a reasonable discount even if the Seller cannot deliver the new Goods free of defects, replace its component or repair the Goods, and if the Seller fails to rectify the goods within a reasonable time or if remedy considerable inconvenience to the buyer-consumer.
- The Buyer shall not have the right to defective performance if the Seller has warned the Buyer that the Goods have a defect or if the Buyer himself caused the defect.
- The buyer-consumer is entitled to withdraw from the contract in all cases specified in the NCC and the Act. The withdrawal is effective against the Seller at the moment when the Buyer-Consumer's declaration of withdrawal is delivered or delivered to the Seller, provided that all legal conditions pursuant to §2001 et seq. NOZ In the event of withdrawal from the contract, the contract is canceled from the beginning and the parties are obliged to return everything they have provided.
- In the event of withdrawal from the contract, the Buyer is obliged to return to the Seller complete Goods including all accessories.
- If the defect of the goods that were sold as used or sold at a discount reflecting its lower quality at the time of sale, the Buyer-consumer has the right to a reasonable discount instead of the right to exchange the Goods.
VI. Complaint handling
- The buyer-consumer must be settled the complaint, including the removal of the defect, without undue delay, no later than 30 days from the date of the claim, unless the Seller and the buyer-consumer agree on a longer period. The deadline for settling the claim begins on the day following the claim in accordance with Section 605 of the New Civil Code. After the expiry of this period, the Buyer-consumer shall be granted the same rights as if it were a material breach of contract. The 30-day period is not binding on the Buyer-Entrepreneur.
- The buyer-consumer may be interested in the outcome of the complaint himself at the address of the establishment where the complaint was made or on its customer telephone line.
- The Buyer is obliged to provide the Seller or authorized service with all cooperation to verify the existence of the claimed defect and to remove it (including testing or dismantling the product). When making a claim, the Buyer is obliged to hand over the Clean Goods in accordance with hygiene regulations and general hygiene principles, including all components and accessories.
- The Buyer is obliged to hand over the Goods to the complaint procedure complete. We also recommend attaching a copy of the sales receipt, a detailed description of the defect and full contact details (address, telephone, e-mail). In the event that the Buyer fails to deliver the Goods completely and its completeness is necessary to determine the existence of the claimed defect and / or to remove it, the period of time for settling the claim begins only after the delivery of the missing parts.
- The Seller shall not be liable for the data and information of the Buyer stored on the hard disks, memories or other data carriers that are part of the Goods taken over for the complaint, nor for any loss of such data and information.
- When making a complaint, the Buyer receives a written confirmation - a complaint protocol, which serves as a document for the settlement of the complaint. The Buyer is obliged to state all required data when completing the Complaint Report, the completeness and accuracy of which he confirms by signing the Complaint Report. The complaint protocol contains information on when the complaint was made, what is its content, and how the complaint is handled by the Buyer-consumer. If the Buyer-Consumer sent the product to the complaint procedure by the shipping service, he will receive the complaint protocol by e-mail.
- Whenever a service technician visits the Buyer (eg when repairing large kitchen appliances), it is necessary to prepare a report on the defects found and the form of their removal. Without such a protocol, a visit by a service technician is not taken into account.
- The buyer-consumer has the right to reimbursement of reasonably incurred costs for lodging a complaint, and these costs are understood as the lowest possible. This is especially the postage for sending the claimed Goods. The buyer-consumer must apply for reimbursement of these costs without undue delay, but no later than one month from the end of the deadline for exercising rights from defective performance.
VII. Refusal to accept the claim
- The Seller is entitled to refuse acceptance of the Goods for complaints if the Goods are contaminated or their components are contaminated.
- The Seller is also entitled to reject the claim of the Goods even if the Goods are not handed over in accordance with hygiene regulations and general hygiene principles.
- For reasons of safety during transport of the Goods and further handling, the Seller is entitled to reject the claim of the Goods also in the event that the engine oil and petrol are not removed from it.
VIII. Pick up goods from warranty repair
- After settling the claim, the Seller shall inform the Buyer either by SMS, e-mail or telephone. If the Goods have been sent by the shipping service, they will be sent to the Buyer's address after processing.
- The Seller shall issue or send to the Buyer a written confirmation stating the date and method of settlement of the complaint, confirmation of repair and the duration of the complaint, or justification of the rejection of the complaint.
- If the claimed Goods are not picked up from the warranty repair within 2 months of the expiry of the warranty repair period, the Buyer shall pay the Seller a storage fee of CZK 50 for each commenced day of delay in picking up the Goods.
- When dispensing the Goods after settling the claim, the Buyer is obliged to present the document received upon receipt of the Goods into the claim, or. they must prove their identity.
These Complaints Rules come into force and effect on April 22, 2016 and replace all previous versions. Changes to the Complaints Procedure are reserved.