1. General statement:
This Return Policy apply to the sale of products on e-commerce website of HIVET s.r.o. (hereinafter referred to as the "Seller") for customers who meet the definition of the consumer (hereinafter referred to as the "Buyer"), pursuant to Act No. 250/2007 Coll. on Consumer Protection (hereinafter referred to as "the Act") and Act No. 40/1964 Coll. - Civil Code as amended (hereinafter referred to as "CC"). A consumer is a person who purchases products or uses services as an "end-user” for personal use or for the needs of his / her household (§ 2 letter a / Act). In the case of business entities that do not purchase products or services as a "end-user” but for the purpose of carrying out or in connection with another business, the Return Policy is governed by Act No. 513/1991 Coll. - Commercial Code (hereinafter referred to as "ComC"). The warranty terms and the warranty period may vary depending on the manufacturer's specific warranty terms and are not governed by this Return Policy.
This Return Policy informs Buyers of the scope, conditions, and liability application process for product errors (hereinafter referred to as the "claim"), including where a claim can be raised as well as warranty repairs
By closing a purchase contract between the Seller and Buyer, the Buyer accepts the terms and conditions set forth in this Return Policy.
2. Liability for errors in items of sale:
The Seller is liable for any errors that the goods sold have at takeover by the Buyer (§ 619 par. 1 of the CC) and for errors, occurring after the goods have been taken over during the warranty period (§ 619 par. 2 of the CC). The warranty period is 24 months (§ 620 of the CC). In the case of business entities that do not purchase products or services as "end users”, but for the purpose of carrying out or in connection with the business, this period may vary depending on the specific warranty terms based on agreement.
The Buyer is entitled to inspect the item of sale before taking it. The Seller is not responsible for any errors that the Buyer might have found during the inspection, in particular, he is not responsible for the Buyer's later claim of lack of accessories for the item of sale, or mechanical damage to the item ascertainable during the inspection. The Seller is not held responsible to such errors even if the Buyer has not used the opportunity to conduct an inspection for the item of sale. For items sold at a lower price, the Seller is not responsible for errors for which a lower price has been negotiated.
The warranty period begins to apply by the date of receipt of the goods by the Buyer. The time from when liability for error has been applied until the Buyer was announced to collect the item after repair, is not counted in the warranty period. If the item is exchanged, the warranty period starts to apply again by the receipt of the new item (§ 627 of the CC). If it is not a matter of items that quickly deteriorate or used items, the Seller is responsible for any errors that occur after the item was collected in the warranty period. The duration of the warranty period is governed by the statement of the legislation in particular with the statements of the CC, unless the Seller in the document confirming the collection of item does not imply a longer duration of the warranty period. The warranty may also be covered by an invoice or delivery note. If the best before date of the item is marked on the item itself, its packaging or the accompanying user guide, and it ends later than the date indicated by the Seller in the warranty card, it is the Seller's designated warranty period is assumed. However, the Seller's warranty period must not be shorter than the warranty period guaranteed by law.
The warranty does not apply to product errors that, upon collecting the item:
- were caused by the Buyer or other (third) person by mechanical or other damage, or by damage caused by natural disasters,
- were caused by an improper use, unauthorized use for purposes other than those determined by its nature or by use in connection with other devices not authorized or recommended by the Seller,
- were caused as a consequence of:
- arbitrary adjustments and repairs made otherwise than as a warranty claim in accordance with the statements of the Return Policy or other than the Sellers´ warranty card specified or by other, to Buyer verifiably notified, authorized service centers,
- any other obvious non-proprietary interference or any other use contrary to the instructions, warranty instructions and explicit instructions to the purchaser, or if the Buyer caused any error by wrong storing, using or storing in humid, dusty, chemically aggressive or otherwise inappropriate environment, or by storing them in places with such environment,
- were caused in the other cases listed in the warranty card or the Seller's user guide.
3. Accountability for errors (claim):
Rights for error liability, i.e. the right to exchange the goods, the right to withdraw from the purchase contract (refund) and the right to an appropriate discount, the Buyer applies to the Seller in any of its premises. The Buyer has the right, in case the claim does not require special expertise, research or requesting a specialized judgement, to arrange for his claim to be determined by the person entitled to his / her warranty service without undue delay, in complex cases within three working days. This time does not take into account the time required to expertly assess the error.
However, the deadline for handling the claim may not exceed 30 days unless the Buyer has caused the time limit extension by not submitting to the place of sale where he has raised the claim in due time or in a required manner missing mandatory documents or has not submitted inevitable cooperation necessary for claim to be processed, or if the Buyer has not requested in writing to extend it beyond this statutory time limit in its own interest. If the Seller does not acknowledge the claim within three business days of its application, the Seller must send the product at its own expense to the expert judgment (§ 18, par. 4 of the Act). Warranty service also has this obligation (§ 18 par. 8 of the Act). The Seller is obliged to issue a written document about the equipment of the complaint within 30 days from the date of the claim (§ 18 par. 6 of the Act). A Claim Report is this written document, with a claim fulfillment box filled-in, a letter containing a written claim fulfillment about the file of the claim.
4. General Terms of Claim:
The claim must be accompanied by a warranty certificate (if issued) and proof of payment of the purchase price. The person filing the claim will fill a claim protocol in with the Seller, in which will accurately describe the error and the way in which the error is reproduced and hands over the item with complete accessories and documentation to the Seller. In the claim protocol, the person filing the claim shall provide a full name, address, e-mail and telephone number, to which the Seller will inform on the progress and completion of the claim. The Seller is not responsible for failure to deliver the notification sent to the address.
It is necessary for the goods to fulfill all other conditions for the warranty claim stated in the warranty card (no material harm, no damage by natural disasters, intact seals, unchanged or removed serial numbers, etc.).
5. How to file a claim:
In the case of an error that can be repaired, the Buyer has the right for it to be repaired free of charge, in a timely and proper manner. The Seller is obliged to repair the error without undue delay but at the latest within 30 days from the date of receipt of the claim. The Seller can always replace the erroneous item for flawless item instead of repairing the error.
If the item is found to have an error that is beyond repair and prevents the item from being properly used as an item without error, the Buyer has the right to exchange the item or has the right to withdraw from the contract (refund). The same rights belong to the Buyer in the case of a repairable error, but the Buyer can not properly use the item because the same error manifested and was repaired three times and also that there are at least three repairable errors at the same time, each of which is obstructing the proper use.
If the Buyer's claim can not be rectified within the statutory time limit of 30 days or if he is not reimbursed within this time limit without any fault caused by or request by the Buyer, the Seller shall, upon expiration of this period, proceed to deal with it under the Return Policy as if it was an error that can not be repaired.
In the case of an unrepairable error, which does not prevent the proper use of the item, the Buyer has the right to a reasonable price discount.
If the Buyer has the right to exchange goods or the right to withdraw from the contract (refund), it is up to the Buyer to choose between these rights. However, if he chooses one of these rights, he can not change this choice unilaterally. Upon refund of the purchase price, the Buyer will receive a credit note and the purchase price will be paid to Buyer's account within 14 days.
After the expiration of the guaranteed warranty period, if still within the duration of the warranty period marked by the Seller in the warranty card, all statements for the claim handling referred to in section 6 apply, except that the right to choose the way the claim is reimbursed belongs to the Seller and the time limit for handling the claim is extended to 60 days. Due to the rapid technological developments in the area of products sold by the Seller, in the event of an exchange, the Seller may replace the erroneous item to the Buyer for another flawless item (although of different brand) that meets at minimum the lowest performance parameters as the item in claim.
6. Collecting the claimed item (devices):
If the Buyer, in accordance with statements of the Return Policy and the provisions of the relevant applicable law, has the obligation to collect the item in claim (e.g. in the case of an exchange) from the Seller or the Seller, in accordance with the Return Policy or the applicable legal provisions asks for collecting the item in claim, the Buyer has to collect the item from the Seller at the relevant point of sale or at another location, as determined by the statements of the Return Policy or the relevant applicable law or by the Seller's instruction.
If the Buyer fails to collect the item within 15 days of the day when the obligation to collect the item arises or from the date of delivery of the Seller's request to collect the item, the uncollected item shall be deemed to become a subject matter of the Contract for deposit in accordance with statements of §516 and subseq. of the CC and Seller's and Buyer's relationships regarding the matter in question are governed by the provisions of the CC and the provisions of the relevant applicable law.
In the event that the Buyer fails to collect the item in claim within 15 days, the Seller shall be entitled to charge the Buyer a payment for this item a flat-rate compensation for costs incurred in the amount of 1.66 € for each and every commenced day of deposit and in case the Buyer does not collect the item within 15 days after the expiry of the time limit, the Seller is entitled, in accordance with the statement of §525 of the CC, to sell the item in an appropriate manner and to deduct the total amount of the lump-sum reimbursement for the costs incurred under this bullet, as well as other claims against the Buyer.
7. Final statement:
In matters not expressly provided for in this Return Policy, the relevant provisions of the Act on Consumer Protection, the Civil Code, Act no. 372/1990 Coll. on offenses as amended, and other relevant generally binding legal regulations.
This Return Policy becomes effective on 10.09.2013