Complaints procedure

Complaints procedure

  1. Introductory Provisions

1.1. This Complaints Procedure was prepared in accordance with the provisions of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the Civil Code) and Act No. 634/1992 Coll., Consumer Protection Act, as amended.

1.2. By ordering goods from the Seller, the Buyer agrees to the Complaints Regulations below.

1.3. In the event that the goods are not collected in person, acceptance of the goods is understood as the moment they are handed over to the first carrier.

1.4. As a proof of sale, the Seller issues a tax document (invoice) for each purchased item with all the necessary data for applying the warranty (item code, product name, price, quantity, merchant name, contractual warranty period for which the warranty on the purchased item lasts...). Warranty periods for individual types of goods and components are listed in the Seller's Warranty Periods (item 8).

  1. Basic conditions of the complaint

2.1. The Buyer's rights from defective performance are governed by the relevant generally binding regulations (especially the provisions of § 2161 of the Polish Civil Code).

2.2. If a defect occurs in the purchased goods during the warranty period, the Buyer has the right to claim this defect.

2.3. With a contractual quality guarantee (hereinafter referred to as the "Guarantee"), the Seller undertakes that the item will be suitable for use for its usual purpose or that it will retain its usual properties for a certain period of time. The indication of the warranty period or the period of use of the item on the sales document also has these effects. The warranty is contractual and is stated on the sales document or Delivery Note.

2.4. The buyer has the right to claim a warranty on the goods that were purchased from the seller. The warranty does not cover defects caused by normal wear and tear.

2.5. The claim must be made within the warranty period, which is stated in the delivery note. The warranty period for the delivered goods begins on the day the tax document is issued and is extended by the time the product was under warranty repair.

2.6. For software-type goods, the warranty only applies to the physical legibility of the installation media. At the moment of removing the protective means (foils, seals, opening the envelope, etc.), the Buyer becomes the authorized user of the software product and accepts the license agreement of the software manufacturer. This type of goods can no longer be returned to the Seller.

2.7. Defects are those that were hidden by the seller at the time of sale.

2.8. A change (property) of the goods that occurred during the warranty period as a result of its further wear and tear cannot be considered a defect. The warranty does not cover defects caused by:

      • Violation of protective or warranty seals, barcodes and stickers, if they are on the product
      • by using it contrary to the user manual
      • using incorrect or defective software
      • by changing or upgrading the software in violation of the minimum requirements and compatibility declared by the software manufacturer
      • careless or improper use
      • using non-original consumables
      • mechanical damage to the goods
      • damage to goods by malicious software
      • damage to the goods, the effects of overvoltage in the distribution network
      • before purchase, i.e. with which the Buyer was acquainted at the time of sale and purchased them with these
      • by excessive loading or use contrary to the conditions specified in the instructions for use
      • damage by natural elements or force majeure
      • by performing unqualified (unauthorized) intervention or unprofessionally changing hardware parameters
      • insufficient or inappropriate maintenance
      • by using the goods in conditions that do not match the parameters of the office environment
      • failure to observe service inspections at the intervals prescribed by the manufacturer
      • by breaking protective seals and serial numbers (eg: imei), if they are on the product
      • for used goods during repair at a service center other than the one specified by the seller

2.9. If the Buyer applies the guarantee, the authorized employee of the Seller is obliged to decide on the acceptance of the claim immediately, in more complex cases within three working days. However, the time required for a professional assessment of the defect is not included in this period.

2.10. The complaint, including the removal of the defect, will be dealt with without undue delay, but no later than within 30 days from the date of application of the complaint. An authorized employee of the Seller may, in justified cases, agree on a different deadline with the Buyer.

2.11. Before handing over the computer system or data storage device for repair, it is the Buyer's duty to ensure the creation of an adequate backup of the data and thus prevent their possible damage. The seller is not responsible for any loss or damage to data stored on the devices.

2.12. A buyer who makes a purchase with an ID number - that is, when concluding a purchase contract, states the name of his company and its ID number - is considered an entrepreneur (buys products or uses services for the purpose of his business with these products or services) and is not subject to the right of consumer protection (e.g. . the complaint does not have to be resolved within 30 days, he does not have the right to return goods purchased remotely within 14 days, etc.).

2.13 The buyer is obliged to hand over the device clean for the claim.

III. Procedure for making a complaint

3.1. The buyer is always obliged to prove the validity of the warranty by presenting the sales document, and if the goods have already been claimed, he must also provide proof of the claim. Without presenting the sales document, the Seller will start the complaint procedure only if the Buyer proves in another credible way that he purchased the claimed goods from the seller.

3.2. Complaints must always be made at the Seller's premises, namely:

      • in person at the address of the establishment (outlet) Žižkova 489, Příbram
      • by post or using a shipping service:
        it is necessary for the Buyer to contact the claims department first, either by phone number: +420 725 303 415 or by e-mail: info@simplypc.cz, the claimed goods must be sufficiently packed and secured against possible mechanical damage during transport, the package must contain complete claimed goods, exact description of the defect, sufficient contact details of the Buyer (name, address, telephone number, copy of the sales document). The processed claim will be sent back to the indicated contact. The costs of transporting the claimed goods to the Seller's premises are always paid by the Buyer, the costs of transporting the rightfully claimed goods back to the Buyer are paid by the Seller. The seller also reserves the right to choose the transport company, uncollected claimed goods will be disposed of after the expiry of the statutory period.

3.3. An authorized employee of the Seller will issue to the Buyer, at the Buyer's request, a confirmation of when the claim was made, the method of solving the claim, as well as the execution of any repair and its duration.

3.4. The goods submitted for complaint will be tested only for the specified defect.

3.5. Damage to goods during transport is governed by the transport company's complaints procedure.

3.6. As soon as the Buyer exercises some of the rights from defective performance, for example the right to remove the defect or a discount, he is bound by this statement and cannot change the choice of the exercised right, unless he agrees otherwise with an authorized employee of the Seller.

  1. Deadlines for making a claim

4.1. The claim must be made within the warranty period. Complaints must be made without undue delay, i.e.: as soon as the defect appears. Any delay in the continued use of the goods may lead to aggravation of the defect, deterioration of the goods and may be a reason for the rejection of the claim and termination of the warranty period.

4.2. The time during which the claimed goods were under repair is not included in the warranty period.

  1. Removable defects

5.1. Defects that can be removed by repair without affecting the function and quality of the goods are considered removable defects.

5.2. In the event of a defect that can be removed, the Buyer has the right to have it removed free of charge, in a timely manner and properly. The seller is obliged to remove the defects without undue delay, but no later than within 30 calendar days from the date of application of the claim.

5.3. The authorized employee of the Seller decides on the repair and designates or agrees on the date of collection of the repair by the Buyer, unless otherwise agreed (sending by post, use of a transport company).

5.4. In the event of a removable defect, the Buyer has the right to exchange the goods (can be exchanged for similar goods) or to withdraw from the contract only in the following cases:

      • the claim was not settled within 30 calendar days from the day of its application and no other agreement was reached
      • The buyer cannot properly use the goods due to the reappearance of a removable defect after repair or a larger number of removable defects. Reoccurrence of a defect after repair occurs if the same defect, which has already been removed at least twice during the warranty period, occurs again. A product suffers from a greater number of defects if it has at least three removable defects at the time of the claim.
  1. Irremovable defects

6.1. An irreparable defect is considered to be a defect that cannot be removed or its removal is not expedient, taking into account all relevant circumstances.

6.2. If it is an irreparable defect that prevents the goods from being properly used as a defect-free product:

      • The seller will offer to exchange the goods for a faultless one (can be exchanged for similar goods),
      • if the Seller cannot offer similar goods, the purchase price of the goods will be returned to the Buyer.

VII. Contradiction of the purchase contract

7.1. The Seller is responsible to the Buyer for the fact that the Sold Goods are in accordance with the purchase contract upon acceptance by the Buyer. Conformity with the purchase contract further means that the goods have the quality and useful properties described by the Seller, or the quality and useful properties usual for this type of goods and with regard to the nature of the offered goods.

7.2. In the event that the goods upon acceptance by the Buyer do not comply with the purchase contract, the Seller is obliged to restore the goods to the condition corresponding to the purchase contract without undue delay, according to the Buyer's request, either by repairing the goods or by replacing them (can be exchanged for similar goods). If this is not possible, the Buyer may request a reasonable discount or withdrawal from the purchase contract. 

VIII. Warranty periods

8.1. The warranty provided by the Seller applies to the goods and services listed on the tax document with the following exceptions:

      • consumables (toners, ... etc.),
      • accumulators and batteries (capacity),
      • defects of software origin,
      • defective pixels of LCD (TFT) displays according to the ISO 13406-2 standard,
      • reinstallation of SW after an operating system crash caused by the user.

8.2. The guarantee provided by the Seller is valid only on the condition that the Buyer fulfills the conditions arising from the Terms and Conditions and the Complaints Regulations.

8.3. Warranty periods for goods:

      • new: 24 months (or valid manufacturer's warranty),
      • new, exposed, unused (e.g. open packaging): 0-36 months,
      • refurbished: 0-48 months,
      • used: 0-36 months,
      • non-functional: no warranty.
  1. Post-warranty repairs

9.1. As part of its professional activity, the Seller also offers the Buyer a post-warranty service for the purchased goods.

9.2. These service operations are governed by the valid service price list.

  1. Final provisions

These Complaints Regulations are valid from 1 June 2022 and replace all previous versions.