General information
The complaints procedure is an integral part of the general terms and conditions of the seller - the TECHSOFT s.r.o. company, Podtatranská 4931/23, 05801 Poprad, Slovak Republic, ID number: 31668844. VAT number: SK2020513638, registered in the commercial register maintained by the Prešov District Court, section: s.r.o., insert no.: 988/P (hereafter referred to as the seller), aa describes the procedure of how to approach a claim for goods purchased from the seller.
The buyer is obliged to familiarize himself with the Complaints Regulations and the General Terms and Conditions before ordering the goods.
By concluding the purchase contract and taking over the goods from the seller, the buyer agrees to these Complaints Regulations. The definitions of the terms contained in these Complaints Rules take precedence over the definitions in the terms and conditions. If these Complaints Rules do not define the term, it is understood in the sense in which it is defined in the terms and conditions. If it is not defined there either, it is understood in the sense in which it is used by legal regulations.
The acceptance of the goods by entrepreneurs is the moment of their handover by the seller to the buyer or to the first carrier. If the buyer is a consumer, the moment of acceptance of the goods by the consumer from the seller or acceptance from the carrier.
As proof of warranty (warranty certificate), the seller issues a purchase document (invoice - hereinafter referred to as warranty certificate) for each purchased item with all the necessary data required by law to apply for the guarantee (in particular, product name, warranty period, price, quantity, serial number).
At the request of the Buyer, Alzo will provide a written guarantee (warranty certificate). The warranty card contains the seller's business name, identification number and registered office. However, by default, if the nature of the item allows it, the seller issues a proof of purchase of the item containing the specified information to the buyer instead of a warranty certificate.
If it is necessary with regard to the warranty provided, the seller will explain the content of the warranty in a comprehensible manner, state its scope, conditions, period of validity and the way in which claims resulting from it can be asserted. In the warranty certificate, the seller also states that the provision of the warranty does not affect the buyer's rights related to the purchase of the item.
Extended warranty - this warranty must always be in accordance with the warranty conditions given by the manufacturer and any related advertisement, in which case the warranty certificate always contains the above-mentioned details and is issued in accordance with the above-mentioned conditions.
Duration of warranty
The warranty period basically begins on the day the goods are received by the Buyer, i.e. the day indicated on the warranty card.
When selling consumer goods, the legal warranty period is 24 months* for consumers**, unless a special legal regulation stipulates a longer period. The seller can extend this statutory period. The length of the warranty period is always indicated on the warranty card. The warranty period consists of the statutory period (24 months) and possibly an extended warranty period. The warranty period is further extended by the period during which the goods were under complaint. Rights from liability for product defects for which the warranty period applies shall expire if they have not been claimed within the warranty period.
When the buyer is a consumer, within the legal warranty period, the claim is governed by Act No. 40/1964 Coll., Civil Code and Act No. 250/2007 Coll., on consumer protection, both laws in their valid and effective wording, taking into account the clarifications in this Complaints Regulations. In the case of an extended period, complaints are governed exclusively by these Complaints Regulations.
* An exception may be goods sold at a discount (damaged, used, incomplete goods, etc. - such a characteristic is always indicated on the goods - if it is not, it is considered that the goods are new, undamaged and complete). If the buyer is a consumer and if the items are used, the seller is not responsible for defects corresponding to the degree of use or wear and tear the item had when the buyer took it over, and rights from liability for item defects expire if not claimed within 12 months from the day the item was taken over by the buyer . The seller will state this time in the document on the sale of the item and clearly enough for the offered goods and in the order confirmation. For items sold at a lower price due to defects or incompleteness, the warranty does not apply to defects for which a lower price was negotiated.
** For selected products, the manufacturer's warranty for non-consumer buyers is limited. The legal rights of the end customer (consumer) are not affected in any way, the guarantee applies to him according to the law.
Warranty conditions
I. The buyer who is not a consumer is obliged, and the buyer who is a consumer is advised, to check the condition of the shipment (number of packages, integrity of the tape, damage to the box) with the carrier immediately upon delivery according to the attached waybill. The buyer is entitled to refuse acceptance of a shipment that does not comply with the purchase contract, with the fact that the shipment is, for example, incomplete or damaged. If the buyer takes over the damaged shipment from the carrier, it is necessary to describe the damage in the carrier's handover protocol.
II. An incomplete or damaged shipment must be reported immediately by e-mail to the address: techsoft[zavináč]techsoft.sk, a damage report must be drawn up with the carrier and sent without undue delay to the seller by fax, e-mail, or post. An additional complaint about the incompleteness or external damage of the shipment does not deprive the buyer of the right to complain about the item, but it gives the seller the opportunity to prove that this is not a violation of the purchase contract.
III. The place for making a claim is TECHSOFT s.r.o., Podtatranská 4931/23, 05801 Poprad. However, if an authorized service center is indicated in the warranty card of the goods, which is at the seller's location or at a location closer to the buyer, the buyer can exercise the right at an authorized service center.
IV. The buyer can send the defective goods for a claim by transport service to the address of the seller's headquarters or an authorized service center. Claimed goods should be thoroughly secured to avoid damage during transport, the package should be visibly marked "CLAIM" and contain: claimed goods (including complete accessories), we recommend attaching a copy of the purchase receipt, a detailed description of the defect and sufficient contact details of the buyer (mainly return address and phone number). Without the above, it is impossible to identify the origin and the error of the goods. This procedure is also recommended to the purchasing consumer, unless he proves and documents the stated facts otherwise. We also recommend choosing the desired claim handling method (see below).
V. The buyer-entrepreneur shall prove the validity of the warranty by presenting the purchase receipt, if the goods have been complained about in the past, he shall also provide proof of the complaint. The acquisition document (purchase or complaint document) must have the same serial number as the claimed product (if the product has a serial number). This procedure is also recommended to the Buyer-consumer, unless he can prove and document the mentioned facts otherwise.
VI. The seller does not guarantee the full compatibility of the sold components with other components not approved by the seller's employees, or with software applications, the functionality of which was not explicitly requested by the buyer in the written order, unless such compatibility of similar goods is usual and the seller does not explicitly state with the goods that the goods in question are compatible only with the specified list or not compatible with the specified list.
VII. The warranty does not cover defects caused by the use of incorrect or defective software, incorrect consumables, or possible damages caused as a result, if such use is not usual and has not been excluded in the attached instructions for use. Furthermore, the warranty does not cover defects caused by poor service, unprofessional or inappropriate handling, use and installation that are contrary to the user manual, or damage caused by overvoltage in the distribution network (e.g. lightning), with the exception of normal deviations.
VIII. The seller does not guarantee the full functionality of the application software in versions that are not suitable (not created) for the ordered operating system, unless such functionality is usual for similar goods and the seller has not explicitly stated with the goods that the given goods are functional only with the specified list or whether they are not functional with the given list. The seller assumes no responsibility for any problems caused by the limited functionality of applications that do not meet this condition.
IX By violating the protective seal, information sticker or serial number, the Buyer risks rejection of the claim, unless the damage occurs during normal use. Seals and serial numbers are an integral part of the product and do not in any way limit the customer's right to use and handle the goods to the full extent of what the goods are intended for.
In addition, the warranty does not cover damage caused (in the event that such activity is not a normal activity and is not prohibited in the attached instructions for use):
- mechanical damage to the goods,
- by electrical overvoltage (visible burnt components or printed circuit boards) with the exception of normal deviations,
- using the goods in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical effects of the environment, which is directly determined by the seller or manufacturer,
- by unprofessional installation, handling, service, or neglecting the care of the goods,
- if the goods or part thereof have been damaged by a computer virus,
- if the defect manifests itself only with software for which the customer is unable to prove a legal method of acquisition, or with the use of unauthorized software and consumables,
- the goods have been damaged by excessive loading or use contrary to the conditions specified in the documentation or general principles,
- performing an unqualified intervention or changing parameters,
- goods that have been modified by the customer (painting, bending, etc.), if a defect has arisen as a result of this modification,
- in the event of an erroneous BIOS, firmware upgrade,
- the goods were damaged by natural elements or force majeure.
These restrictions do not apply if the properties of the goods, which are in conflict with the above conditions, have been expressly agreed upon by the buyer and Alza, exchanged or declared by the seller, or if they can be expected due to the advertising carried out or the usual way of using the goods.
X. If the goods are software, the warranty applies exclusively to the physical legibility of the media (the media must not be scratched, etc.). At the moment of removing the protective means (foil, seal, opening the envelope, etc.), the Buyer becomes an authorized user of the software product and accepts the license agreement of the software manufacturer, in the case of digital content, this is already the download itself. This does not apply to conflict with the purchase contract (see below). After the license and activation codes for the software have been taken over by the buyer, the buyer can no longer withdraw from the concluded contract.
XI. The goods handed over for a claim will only be tested for the defect indicated by the Buyer (in the claim form, in the attached sheet with a description of the defect). We recommend a written form to indicate the defect.
XII. If the technician discovers that the cause of the problems is not the claimed product (e.g. computer), but incorrect software installation (operating system, antivirus program), if the data was damaged by the incorrect behavior of an application (e.g. games, viruses) not supplied by the seller, or if the data damaged by the buyer or a third party, the claim will be rejected. If the Buyer agrees to a paid repair, it will be charged according to the current valid price list. Before carrying out the paid repair, the buyer will be informed about the price of the repair, its scope and the time required to carry it out. A paid repair can only be carried out after the express consent of the Buyer (or on the basis of a concluded service contract) made after notification according to the previous sentence.
XIII. When handing over a computer system or data storage device for repair, we recommend the Buyer to ensure the creation of an adequate backup of the necessary data and to prevent their possible misuse or damage. The seller is not responsible for any loss, damage or misuse of data stored on data storage devices in the computer system.
XIV. Data storage devices are devices whose failure rate is an objective phenomenon with a random nature of failure occurrence. The seller hereby alerts the buyer to the above fact and recommends systematically backing up user data on a suitable device (e.g. ZIP, CD). However, the warranty is not limited by this notice.
XV The seller has the right to refuse to accept the goods for a claim in cases where the claimed goods and/or their components are contaminated or do not meet the basic requirements for the hygienically safe handover of the goods for the claim procedure, only in the case of ordinary contamination.
Method of processing the complaint
If the Buyer is a consumer:
Compliance with the purchase contract. If the buyer is a consumer, in the event that the goods upon acceptance by the buyer are not in accordance with the purchase contract (hereinafter referred to as "contradiction with the purchase contract"), the buyer has the right to have the seller restore the item to the condition corresponding to the purchase contract free of charge and without undue delay , according to the buyer's request, either by replacing the item or by repairing it. If such a procedure is not possible, the buyer can demand a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew about the violation of the purchase contract before taking over the item or caused the violation of the purchase contract himself. A contradiction with the purchase contract that manifests itself within six months from the day of taking over the thing is considered a contradiction already existing at the time of its taking over, unless this contradicts the nature of the thing or unless the contrary is proven.
Conformity with the purchase contract means in particular that the thing sold has the quality and useful properties required by the contract, described by the seller, the manufacturer or his representative, or expected on the basis of the advertising carried out by them, or the quality and useful properties usual for a thing of this kind, that it corresponds to the requirements of legal regulations, it is the corresponding amount, measure or weight and corresponds to the purpose that the seller states for the use of the item or for which the item is usually used.
When the buyer is a consumer, depending on the nature of the defect, he has the following rights when claiming the statutory warranty:
- in the case of a defect that can be removed, the right to free, proper and timely removal of the defect, the right to exchange defective goods or defective parts, if this is not disproportionate due to the nature of the defect. If such a procedure is not possible, he has the right to a reasonable discount from the purchase price or withdrawal from the purchase contract,
- in the case of an irreparable defect preventing the proper use of the goods, the right to exchange the defective goods or withdraw from the purchase contract, the same rights belong to the consumer, if the defects are removable, but if the buyer cannot claim for the reappearance of the defect after repair or for a larger number of defects to use properly. Reoccurrence of a defect is considered especially if the same defect preventing proper use, which has already been removed at least twice during the warranty period, occurs again. A greater number of defects is understood if the item simultaneously has at least three defects preventing its proper use,
- in the case of other non-removable defects and if the consumer does not demand the replacement of the item, he has the right to a reasonable discount from the purchase price or withdrawal from the purchase contract,
The buyer chooses the method of settlement of the complaint. The seller will point out the inappropriateness of the buyer's choice and propose a suitable method (especially in the case when the buyer requires a method related to a removable defect, but the seller finds out that it is an irremovable defect). If the consumer does not choose the method of handling the complaint within the reasonable period provided by the seller, the seller will choose it.
In the case of a discount, it is not possible to claim the goods later for a defect for which the discount was granted.
When the buyer is a consumer, the seller decides on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for expert assessment of the defect. The seller will deal with the complaint, including the removal of the defect, without undue delay, no later than 30 days from the date of application of the complaint. The period of 30 days can be extended after making a complaint by agreement with the consumer - such an extension must not be indefinite or unreasonably long. After the expiration of this period, it is considered that a defect in the goods actually existed and the consumer has the same rights as if it were a defect that cannot be removed. This deadline is not binding on the buyer, who is an entrepreneur and therefore his relationship with the seller is governed by the Commercial Code.
The seller issues a written confirmation to the buyer-consumer of when the claim was made, what it contains, what method of handling the claim is required, by email immediately after receiving the claim (in the case of a personal claim, it is forwarded immediately); further confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the complaint, or the justification for the rejection of the complaint.
The buyer has the right to reimbursement of the necessary costs (in particular the postage that he paid when sending the claimed goods) that he incurred in connection with the exercise of his legitimate rights from liability for defects (we recommend applying no later than 30 days after handling the complaint - the legal deadline is not affected by this) and were actually and purposefully spent. In the event of withdrawal from the contract due to a defect in the item, the consumer also has the right to reimbursement of the costs of this withdrawal.
If the buyer is an entrepreneur:
If it is a defect that can be removed, the goods will be repaired. If repair is not possible and the nature of the defect does not prevent normal use, the seller and the buyer can agree on a reasonable discount on the price of the goods. In the case of a discount, this defect cannot be claimed later.
In the case of a defect that cannot be removed and that prevents the item from being properly used as a defect-free item, the seller is entitled to exchange the defective item for items with the same or similar useful properties or issue a credit note.
I. After processing a valid complaint, the warranty period is extended by the duration of the complaint. In the event of an unauthorized complaint, the warranty period is not extended. If the product complaint was resolved within the statutory warranty period by exchanging the product for a new one, the warranty period will start running again from the date the complaint was resolved. The duration of the claim is calculated from the day after the claim is made to the day the claim is settled, i.e. the time when the buyer was obliged to take over the item. The customer is informed about the transaction by e-mail, which he already indicated during the purchase.
II. After handling the complaint, the seller will notify the buyer about the termination of the complaint either by phone, SMS or e-mail. If the goods were sent by a shipping service, they will be automatically sent to the buyer's address after processing.
III. In the event that the claimed goods are not picked up within one month from the expiry of the period when the claim should have been made, and if it was made later, within one month from the notification of its execution (i.e. usually within 60 days from the date of filing the claim), the seller, according to §656 of the Civil Code, entitled to charge the amount for storage when issuing a claim.
IV. When delivering the goods after the complaint has been settled, the buyer is obliged to present the document on the basis of which the item was accepted for complaint and must prove his identity with an OP or a valid passport
Free service
For products sold with a warranty longer than 24 months, a so-called free service is provided after the expiration of the 24-month period. In the event of a product defect after a period of 24 months, such product will be accepted for service and will be repaired or exchanged for another piece 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 receiving the goods - after this period, the buyer has the right to withdraw from the contract.
Final provisions
This complaint regulation is valid from 1.1.2015 and cancels the validity of the previous complaint regulations. This complaint policy is available at the seller's headquarters or as a document on our website.