COMPLAINTS PROCEDURE
This Complaints Procedure is valid from 1st January 2016 and invalidates the previous Complaints Procedure. This Complaints Procedure is available at the seller's registered office or as a document here.
I. General provisions
The Complaints Procedure describes the usual business cooperation between the buyer and seller, who is d-Health s.r.o.. The buyer is obliged to read the Complaints Procedure and General Terms and Conditions before ordering the goods. By concluding the purchase contract and accepting the goods from the seller agrees with the below complaint procedure. In the case the goods are not collected in person, the takeover of the goods will mean the moment of handover to the first carrier, unless the buyer is a consumer, and if the buyer is a consumer, the moment of receipt of the goods from the carrier. As proof of warranty (warranty card) the seller issues a purchase document for each purchased goods (invoice, hereinafter as warranty card) with all the law required information in order to claim warranty (product name, warranty period, price, quantity, serial number, …).
II. Warranty period
As a matter of principle, the warranty period begins on the date of receipt of the goods by the buyer, i.e. on the date stated on the warranty card.
The legal warranty period for the sale of consumer goods is 24 months, unless a special legal regulation stipulates a longer period. The exception may be goods sold at a discount (goods damaged, used, incomplete, etc. - such characteristics are always given on the goods - if not, it is considered that the goods are new, undamaged and complete). In the case of used items, d-Health will not be liable for defects corresponding to the extent of use or wear that the item had upon receipt by the buyer and the rights of liability for defects will expire if not applied within 12 months from the date of receipt by the buyer. The company d-Health will state this period in the document of sale of the item and sufficiently markedly on the goods offered and in the order confirmation. For items sold at a lower price for the reason of a defect or incompleteness, the warranty does not apply to defects for which the lower price was agreed.
The company d-Health may extend this legal warranty period. The warranty period is always determined on the warranty or delivery note or on the invoice. The warranty period consists of a legal period (24 months) and possibly an extended warranty period. The warranty period is further extended by the period during which the goods were in the complaint. The rights from liability for defects of the goods for which the warranty period is valid will expire if they were not claimed during the warranty period.
In case of an extended period, the complaint will be governed solely by these Complaints Procedure.
III. Warranty conditions
a) The buyer who is not a consumer is obliged, and the buyer who is a consumer is advised, to check immediately the condition of the delivery with the carrier (number of packages, undamaged of the tape with the company logo, damage of the box) according to the enclosed shipping note. The buyer is entitled to refuse to accept a delivery that does not comply with the purchase contract, for example, when the delivery is incomplete or damaged. If the buyer accepts the damaged delivery from the carrier, it is necessary to describe the damage in the carrier's handover document.
b) Incomplete or damaged delivery must be notified immediately by e-mail to: sales@d-health.cz, write a claim report with the carrier and send it without any delay by fax, e-mail or mail to the seller. Additional complaints of incompleteness or external damage to the delivery do not deprive the consumer of the right to file a complaint, but gives the seller the opportunity to prove that there is no contradiction with the purchase contract.
c) The place for enforcement the complain is d-Health s.r.o. – obchodní oddělení, Hradešínská 2144/47, 101 00 Praha 10 – Vinohrady, Czech Republic.
d) The buyer can send the defective goods to the transportation service to the address of the sales department. Goods under complaint should be thoroughly secured to prevent damage during the transport, the package should be visibly marked "COMPLAINT" and include: goods under complaint (including complete accessories), we recommend attaching a copy of the purchase document, a detailed description of the defect and sufficient contact information of the buyer (return address, phone number). Without the foregoing, it is impossible to identify the origin and defect of the goods. This procedure is also recommended to the buyer consumer, unless he proves and submits the information in another way.
e) The buyer will prove the validity of the guarantee by submitting a purchase document. If the goods have been claimed in the past, they will also submit proof of the claim. The acquisition document (purchase or claim document) must have the same serial number as on the claimed product (if the product has a serial number). This procedure is also recommended to the buyer who is a consumer, unless he proves and submits in another way.
f) The seller does not guarantee a full compatibility of the sold parts with other unauthorized ones, of the seller nor with software applications whose functionality was not explicitly required by the buyer in the written order.
g) The warranty does not cover defects caused by the use of incorrect or defective software, incorrect consumables materials, or any damage as a result. Furthermore, the warranty does not cover defects caused by improper operation, improper or inappropriate handling, use and installation that are contrary to the user manual, or damage caused by over-voltage in the power grid.
h) The seller does not guarantee full functionality of the application software in versions that are not suitable (not created) for the ordered operating system. The seller assumes no responsibility for any problems caused by limited functionality of applications that do not meet this condition.
i) By damaging of the protective seal, informative sticker or serial number, the buyer risks rejection of the claim. Seals and serial numbers are an integral part of the product and do not restrict the customer's right to use and handle the goods to the full extent of their intended use.
Furthermore, the warranty does not cover damages that have occurred by:
a) mechanical damage of goods,
b) electrical overvoltage (visible burnt components or printed circuits),
c) use of the goods in conditions which do not correspond to their temperature, dust, humidity, chemical and mechanical effects of the environment, which is directly determined by the seller or the manufacturer,
d) inappropriate installation, handling, servicing, or cing of the maintenance of goods,
e) if the goods or their parts were damaged by computer virus;
f) if the defect occurs only in the software for which the customer is not able to prove the legal way of acquisition, or by using unauthorized software and consumable materials,
g) the goods have been damaged by excessive loading or use contrary to the conditions specified in the documentation or the general principles;
h) making unqualified intervention or changing parameters,
i) goods that have been repaired by the customer (paint, bending, etc.) if the defect is the result of such repairs;
j) by incorrect BIOS or firmware upgrade,
k) the goods have been damaged by natural elements or superior power.
If the goods are software, the warranty applies exclusively to the physical legibility of the media (the media must not be scratched, etc.). Upon removal of the protective equipments (foil, seal, envelope opening, etc.), the buyer becomes an authorized user of the software product and accepts the software manufacturer's license agreement.
The goods handed over to the complaint will be tested only for the defect stated by the buyer (in the complaint form, in the enclosed defect description sheet). We recommend stating the defect in written form.
If the technician finds out that the cause of the problem is not the claimed product (e.g. computer), but incorrect installation of software (operating system, antivirus, ...), if the data were damaged by incorrect behaviour of some application (games, viruses,…) or if the data were damaged by a buyer or a third party, the claim will be rejected. If the customer agrees with the paid repair, it will be charged according to the current valid price list.
When handing over a computer system or data storage device for repair, we recommend to the buyer to ensure that an appropriate backup of the necessary data is made and that pre-empt their misuse or damage. The seller is not liable for any loss, damage or misuse of data stored on storage devices in a computer system.
Data storage devices are devices whose failure rate is an objective phenomenon with a accidental nature of the occurrence of failures. The seller hereby warns the buyer of this fact and recommends systematic backup of user data on a suitable device. However, the warranty is not limited by this notice.
The seller has the right to refuse acceptance of the goods into the complaint in cases where the claimed goods or their parts are fouled or do not meet the basic preconditions for hygienically safe handover of the goods for the complaint procedure.
LCD display
ISO 13406-2 Standard - Since each LCD display consists of a minimum of 2.35 million sub-pixels or transistors (15"), it is practically impossible to prevent pixel loss with respect to manufacturing technology. LCD displays with a maximum of ten defective pixels can be put on sale. The standard determines the following classes in connection with defective pixels:
They are divided into four classes, three types of defective pixels and two frequency criteria. Defective pixels can appear as bright pixels, black pixels, or sub-pixel loss (or flashing pixels). Frequency criteria distinguish firstly the number of white or black pixels occurring in a particular area (cluster) and secondly the loss of sub-pixels or flashing pixels occurring in the cluster. The four classes specify the maximum number of errors allowed for each type of defective pixel. LCD displays brands ADI, SONY, EIZO and most other LCDs in our market are classified in class II. This means that if the number of these defective points is less than ten, (2xType1, 2xType2 and 5xType3 = 2 black dots + 2 white dots + 5 colour dots = max. 9 defective points), the customer is not entitled to replace or claim the LCD display. In case of a higher number of defective pixels, please contact an authorized service centre of your LCD or a seller.
IV. The way of complaint execution
If the buyer is a consumer, his/her complaint will be decided by d-Health immediately, in more complex cases within three working days. This period does not include a reasonable time according to the type of product or service required for professional assessment of the defect. Complaints, including the removal of defects will be handled by d-Health without any delay, no later than 30 days from the date of the enforcement of claim. The period of 30 days can be extended after the enforcement of claim after consumer's agreement - such extension must not be indefinite or unreasonably long. After the expiry of this period, the defect is deemed to have actually existed and the consumer has the same rights as if it were a defect that cannot be remedied. This period is not binding on the buyer-businessman, when the complaint will be decided no later than 40 days from the date of the enforcement of claim.
d-Health will issue a written confirmation to the buyer-consumer when the enforcement of claim has been filed, what is its content, what the way of complaint execution is required, by e-mail immediately after receipt of the complaint (in case of personal complaint it is handed over immediately); further a confirmation of the date and the way of complaint execution, including confirmation of repair and duration of the complaint, or substantiation of rejection of the complaint.
The buyer has the right to reimbursement of necessary costs (especially postage, which he paid when sending the complained goods) incurred in connection with the exercise of legitimate rights from liability for defects (we recommend to apply within 30 days after the complaint settlement - legal period is not affected) that were actually and effectively expended. In the case of withdrawal from the contract on the grounds of a defect, the consumer is also entitled to reimbursement of the withdrawal costs.
After settling the justified complaint, the warranty period is extended by the duration of the complaint. In case of unjustified complaint, the warranty period is not extended. If the complaint of goods has been settled in exchange for a new one within the lawful warranty period, the warranty period will start again from the date the claim is settled. The duration of the complaint is calculated from the next day after the enforcement of claim is made until the day the complaint is settled, meaning the time when the buyer was obliged to take over the thing. The customer is informed about the settlement by e-mail, which was stated at the time of purchase.
After the complaint is settled, d-Health will notify the buyer of the termination of the complaint either by phone, SMS or e-mail. If the goods have been sent by the transportation service, they will be automatically sent to the buyer's address after settlement.
If the claimed goods are not picked up within one month of the expiry of the time when the complaint should have been settled, and if it have been settled later, within one month of the notification of its settlement (i.e. usually within 60 days of the date of making the complaint) d-Health is entitled to charge amount for storage when issuing a complaint.
If the goods are issued after the complaint is settled, the buyer is obliged to present a document on the basis of which the item was accepted into the complaint and must prove his/her identity by identity card or a valid passport.
V. Consumable material
If the package or purchase item contains consumable materials (such as cartridges, toner, print head, projector lamp, batteries), the usual lifetime period is 6 months unless explicitly stated otherwise.
VI. Free service
For products sold with a warranty longer than 24 months, the so-called free service is provided after 24 months. In the event of a defect in the goods after a period of 24 months, such a product will be accepted for service and will be repaired or replaced with another one with the same or better parameters. If neither of these solutions is possible, a credit note will be issued. The seller undertakes to terminate such service within 35 days of receipt of the goods.
VII. Complaints and claims
Consumer complaints are handled by the seller via e-mail sales@d-zdravi.cz. The seller will send information about the settlement of the buyer's complaint to the buyer's e-mail address.
The Czech Trade Inspection, based at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: http://www.coi.cz is authorized for out-of-court settlement of consumer disputes. The online dispute resolution platform is at http://ec.europa.eu/consumers/odr and can be used to resolve dispute settlements between a seller and a buyer following from their contract purchase.
„European Consumer Centre Czech Republic, based at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21st May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).“
On behalf of the company d-Health s.r.o. approved: Ing. Libor Svatoň, executive director
Composed in accordance with the new Civil code No. 89/2012 Coll.