Complaints Regulations of the business company AMPUL SYSTEM, s.r.o., with its registered office in Čsl. armády 641/40, 78701 Šumperk, ID 04887557, VAT 04887557, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 65494 (hereinafter referred to as "AMPUL" or "Seller").
I. General provisions
1. 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 "Civil Code") and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Act") and applies to consumer goods (hereinafter referred to as the "Goods") for which the Buyer's rights under liability for defects (hereinafter referred to as "claims") are asserted during the warranty period.
2. The Complaints Procedure is an integral part of the General Terms and Conditions. By concluding the Purchase Contract, the Buyer agrees to the General Terms and Conditions and this Complaints Procedure and confirms that he/she is duly acquainted with them.
3. The customer of the AMPUL online shop is either a Buyer-consumer within the meaning of Section 2 (1) (a) of Act No. 634/1992 Coll. on Consumer Protection (hereinafter referred to as "Buyer-consumer") or a Buyer-entrepreneur who is acting within the scope of his/her business activity when concluding and performing the contract (hereinafter referred to as "Buyer-entrepreneur"). The Buyer-consumer and the Buyer-entrepreneur are hereinafter jointly referred to as "Buyer".
4. The Seller is acting within the scope of its business when concluding and performing the Purchase Contract. The Seller is an entrepreneur who directly or through other entrepreneurs supplies the Buyer with products or services.
II. Liability of the Seller
1. The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the Seller shall be liable that at the time the Buyer took delivery of the Goods:
- it has the characteristics agreed between the parties and, in the absence of agreement, such characteristics as the Seller or the manufacturer described or the Buyer expected in view of the nature of the goods and on the basis of the advertising carried out by them,
- the goods are fit for the purpose for which the Seller states they are to be used or for which goods of that kind are usually used,
- the item corresponds in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
- the item is in the appropriate quantity, measure or weight; and
- the item complies with the requirements of the legislation.
2. The Goods are accompanied by a tax receipt and, for some products, a warranty certificate. If the Goods are not accompanied by a warranty certificate, the tax document is used to make a claim.
III. Liability rights for defects in the Goods
1. Any apparent damage to the Goods or their packaging during delivery must be immediately addressed with the carrier and the discrepancies must be recorded in the handover report (delivery note). The Buyer shall not be obliged to accept such Goods from the carrier and shall inform the Seller of the detected damage without undue delay. On the day of acceptance, the Buyer shall duly check the integrity of the Goods and the completeness of their accessories.
2. In case of personal collection by the Buyer, the moment of taking over the Goods is the moment of transfer of the risk of damage to the Goods from the Seller to the Buyer. If the Buyer does not inspect the Goods upon acceptance, he can only claim for defects detectable during such inspection if he proves that such defects (e.g. missing accessories) were already present in the Goods at the time of the transfer of the risk of damage to the Goods. A later claim of incompleteness of the Goods or external damage to the Goods does not deprive the Buyer of the right to claim. However, the Seller has the opportunity to prove that there is no breach of the contract of sale.
3. The Buyer-consumer can claim the Goods in person in all branches of the Seller or send the claimed goods by shipping service to the address AMPUL SYSTEM s.r.o. - Claims Department, Zábřežská 667/66, 78701 Šumperk.
4. In case the Buyer - consumer uses his right to demand removal of defects by repair and in the warranty certificate for the purpose of warranty repairs of the Goods is designated entrepreneur other than the Seller, whose registered office or place of business is in the same place as in the case of the Seller or in a place closer to the Buyer, the Buyer can exercise the right to warranty repair at the entrepreneur specified in the warranty certificate and thus expedite the settlement of his claim.
5. The right to repair the product can also be exercised at the relevant authorized service center, the Buyer can deliver the Goods in person or by shipping service. The list of authorized service centers is included in the warranty card, or the Seller will provide it to the Buyer upon request.
6. If the Buyer sends the Goods to the Seller or a service centre by transport service, the Buyer should, in his own interest, pack the claimed Goods in suitable and sufficiently protective packaging material meeting the requirements of transport so that they are not damaged during transport. In the case of fragile Goods, the shipment should be marked with appropriate symbols. The shipment should contain the claimed Goods (including complete accessories), we recommend enclosing a copy of the sales receipt, a detailed description of the claimed defect and the Buyer's correct contact details. In the case of large white appliances (washing machines, refrigerators, dishwashers, etc.), it is more convenient to arrange with the Service Centre for a service technician to visit the Buyer directly.
7. The Buyer is obliged to prove in a verifiable manner that the Goods were purchased in the online shop or in the shop of AMPUL SYSTEM s.r.o. Optimally, the original proof of purchase of the Goods or a duly completed warranty card.
8. Liability rights for defects in the Goods do not apply in particular to cases where the defect or damage has occurred:
- mechanical damage to the Goods
- proven tampering with the device, natural disaster, mechanical damage or if the seals have been removed or damaged if the Goods are sealed,
- electrical surges (visibly burnt components or circuit boards), except for normal deviations,
- demonstrably improper use,
- use contrary to the instructions for use or instructions on the packaging or warranty card,
- use contrary to generally accepted rules of use,
- use in conditions which are not suitable in terms of temperature, dustiness, humidity, chemical and mechanical influences for the environment directly intended by the manufacturer or which are clearly implied by the nature of the product,
- demonstrably unprofessional installation and operation,
- if the warranty certificate submitted shows obvious signs of alterations to the data or if the Goods bear a different serial number from that shown on the warranty certificate.
9. The Seller's liability for defects does not extend to wear and tear caused by normal use, in the case of Goods sold at a lower price for the defect for which the lower price was agreed, in the case of used Goods for a defect corresponding to the level of use or wear and tear that the Goods had when taken over by the Buyer.
10. A defect caused by unprofessional assembly or other unprofessional commissioning shall be deemed to be a defect if such assembly or commissioning was agreed in the Purchase Contract and performed by the Seller or another person under the responsibility of the Seller.
11. LCD monitors and televisions shall comply with the provisions of ISO 13406-2. An LCD TV or monitor which has shown more than the maximum allowable number of defective pixels or clusters shall be deemed to be defective Goods with the possibility of claiming or exercising a right due to breach of the Purchase Contract. The ISO 13406-2 standard divides monitors into four quality classes.
|Type 1 - white dot (permanently lit pixel)
|Type 2 - black dot (permanently unlit pixel)
Type 3 - coloured dot (permanently non-illuminated sub pixel, resulting in a dot with a colour other than the desired colour)
|Cluster (5x5 pixel square) type 1
|Cluster (5x5 pixel square) type 2
12. If consumables (e.g. battery, accumulator, print head, projector lamp) are included in the package or purchased, they have a normal lifetime of 6 months in normal use, unless explicitly stated otherwise. The Buyer's right to claim the Goods within the statutory warranty period is not affected. However, the Buyer must take into account the fact that the warranty does not cover wear and tear of the Goods or their parts caused by normal use and cannot be confused with durability.
13. No warranty or liability for defects beyond the scope of the law can be applied to gifts provided by the Seller to the Buyer free of charge as part of the purchase contract for other paid Goods. In the event of withdrawal from the Purchase Contract, the Buyer shall return the Goods provided as a gift to the Seller in their original condition.
14. At the request of the Buyer, the Seller is obliged to provide the Buyer with a written confirmation of the obligations of defective performance to the extent provided by law (warranty certificate). The warranty certificate must contain the name or business name, registration number and registered office of the Seller. If the nature of the item allows it, it is sufficient to issue the Buyer with a proof of purchase of the Goods containing the same information as the warranty certificate instead of the warranty certificate. If a warranty period longer than the statutory warranty period is provided, the Seller shall specify the terms and scope of the warranty extension in the warranty certificate.
IV. Warranty Period
1. Unless a longer period is specified for individual goods, the Buyer shall be entitled to exercise the right to claim for a defect occurring in consumer goods as follows: a) for new goods within twenty-four months of receipt; b) for unpacked goods within twenty-four months of receipt; c) for replacement goods in accordance with Section 2168 CC within twenty-one months of receipt; and d) for used goods in accordance with Section 2168 CC within twelve months of receipt. If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective on receipt. Unless otherwise specified for individual goods, the seller shall provide a guarantee of quality to the person purchasing in the course of his business for a period of twenty-four months from receipt for new and unpacked goods, twenty-one months from receipt for replacement goods and twelve months for used goods.
2. The warranty period begins upon receipt of the Goods by the Buyer. The warranty period shall be extended by the period during which the Goods have been under repair. If the Goods are replaced under warranty repair, the original warranty period shall continue.
3. If the purchased Goods are to be put into operation by a business other than the Seller, the warranty period shall commence only from the date of putting the Goods into operation, provided that the Buyer has ordered the commissioning within three weeks from the receipt of the item and has duly and timely provided the necessary cooperation to perform the service. The date of commissioning of the Goods shall be indicated in the commissioning document received by the Buyer. Thus, the start of the warranty period shall only be postponed if all of the above conditions are met. If any of them is not met, the warranty period starts from the date of receipt of the goods.
V. Rights arising from defects in the Goods
1. If the goods do not have the characteristics specified in the article Liability of the Seller, the Buyer-Consumer may also demand delivery of new Goods without defects, unless this is unreasonable due to the nature of the defect. If the defect relates only to a part of the Goods, the Buyer-Consumer may only demand the replacement of this part, if this is not possible, he may withdraw from the contract. If, however, this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, this is an insignificant breach of contract and in such a case the Buyer-Consumer is always entitled exclusively to have the defect remedied free of charge by repairing the item.
2. The Buyer-Consumer shall also be entitled to the delivery of new Goods or the replacement of a part in the event of a removable defect if he cannot use the item properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the Buyer-Consumer has the right to withdraw from the contract. A recurrence of a defect after repair shall be deemed to be the same defect which has already been rectified at least twice during the warranty period and which occurs again. If the Goods have been repaired at least three times for different remediable defects in the period prior to the claim, they shall be deemed to suffer from a greater number of defects.
3. If the Buyer-Consumer does not withdraw from the contract or exercise the right to have new Goods delivered without defects, to have parts replaced or repaired, he may claim a reasonable discount. The Buyer-Consumer is also entitled to a reasonable discount if the Seller cannot deliver new Goods without defects, replace their parts or repair the Goods, as well as if the Seller fails to remedy the defect within a reasonable time or if the remedy would cause significant difficulties for the Buyer-Consumer.
4. The Buyer shall not be entitled to the right of defective performance if the Seller has notified the Buyer prior to the acceptance of the Goods that the Goods are defective or if the Buyer has caused the defect himself.
5. The Buyer-consumer is entitled to withdraw from the contract in all cases specified in the NCC and the Act. Withdrawal is effective against the Seller at the moment when the Buyer-Consumer's statement of withdrawal is delivered or delivered to the Seller, provided that all the statutory conditions pursuant to §2001 et seq. In the event of withdrawal from the contract, the contract shall be cancelled from the outset and the parties shall be obliged to return to each other everything they have provided to each other on the basis of the contract.
6. In case of withdrawal from the contract, the Buyer is obliged to return the complete Goods including all accessories to the Seller.
7. If the defective Goods were sold as used or sold at a discount reflecting their inferior quality at the time of sale, the Buyer-Consumer shall be entitled to a reasonable discount instead of the right to exchange the Goods.
VI. Handling of complaints
1. The Buyer-Consumer must have the complaint, including the removal of the defect, settled without undue delay, at the latest within 30 days from the date of the complaint, unless the Seller and the Buyer-Consumer agree on a longer period of time. The deadline for the settlement of the complaint begins on the day following the date of the complaint in accordance with § 605 of the German Civil Code. After the expiry of this period, the Buyer-Consumer shall be entitled to the same rights as if it were a material breach of contract. The 30-day period is not binding on the Buyer-Entrepreneur.
2. The Buyer-Consumer may enquire about the outcome of the claim himself at the address of the establishment where the claim was made or at its customer service line.
3. The Buyer is obliged to provide the Seller, or an authorized service, with all assistance to verify the existence of the claimed defect and to eliminate it (including testing or disassembly of the product). When making a claim, the Buyer is obliged to hand over the Goods clean in accordance with the hygiene regulations and general hygiene principles, including all parts and accessories.
4. The Buyer is obliged to hand over the Goods complete for the claim procedure. It is also recommended to enclose 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 complete and their completeness is necessary to establish the existence of the claimed defect and/or to remedy it, the time limit for the settlement of the claim shall not begin until the delivery of the missing parts.
5. Upon acceptance of the Goods for claim, the Seller shall not be liable for the Buyer's data and information stored on hard drives, memories or other information carriers that are part of the Goods accepted for claim, nor for any loss of such data and information.
6. When making a claim, the Buyer shall receive a written confirmation - a claim report, which shall serve as a document in the settlement of the claim. The Buyer is obliged to provide all required data when drawing up the complaint report, the completeness and correctness of which is confirmed by signing the complaint report. The complaint report contains information on when the complaint was filed, what is its content, what method of settlement of the complaint is required by the Buyer-Consumer. If the Buyer-Consumer has sent the product to the complaint procedure by transport service, he/she will receive the complaint protocol by e-mail.
7. During any visit of a service technician to the Buyer (e.g. when repairing large kitchen appliances), a report on the defects found and the form of their elimination must be drawn up. Without such a report, the visit of the service technician shall not be taken into account.
8. The buyer-consumer is entitled to reimbursement of the costs reasonably incurred in making the claim, such costs being understood to be the lowest possible. This includes, in particular, the postage costs for sending the claimed Goods. The Buyer-Consumer must request reimbursement of these costs without undue delay, but at the latest within one month of the end of the period for exercising the rights arising from defective performance.
VII. Refusal to accept a claim
1. The Seller is entitled to refuse to accept the Goods for claim if the Goods are soiled or their parts are soiled.
2. The Seller is also entitled to refuse to accept the Goods if the Goods are not delivered in accordance with the hygiene regulations and general hygiene principles.
3. For reasons of safety in transporting the Goods and other handling, the Seller is also entitled to refuse to claim the Goods if the engine oil and petrol are not removed from the Goods.
VIII. Collection of Goods from warranty repair
1. The Seller shall inform the Buyer either by SMS, e-mail or telephone after the claim has been settled. If the Goods have been sent by a shipping service, they will be sent to the Buyer's address after processing.
2. The Seller shall issue or send to the Buyer a written confirmation stating the date and manner of settlement of the claim, confirmation of the repair and the duration of the claim, or the reasons for rejecting the claim.
3. In the event of failure to collect the claimed Goods from the warranty repair within 2 months from the expiry of the warranty repair period, the Buyer shall be obliged to pay the Seller a storage fee of CZK 50 for each day of delay in collecting the Goods.
4. When issuing the Goods after the claim has been settled, the Buyer is obliged to present the document received when receiving the Goods for claim, or must prove his identity.
This Complaints Procedure shall come into force and effect on 10 October 2021 and shall supersede all previous versions. Changes to the Complaints Procedure are subject to change.