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The rights and obligations of defective performance

Quality of taking over

If the received goods deficiencies (eg. Not contracted or reasonably expected properties does not lend itself to the usual or agreed purpose is not complete, does not match its quantity, measure, weight or quality does not match the other statutory, contractual or pre-contractual parameters), it is a defective goods, for which the seller is responsible.
 
The buyer at the seller may apply within two years of receipt of goods according to your entitlement to free remedy or at a reasonable price discount; if it is not disproportionate nature of the defect (especially if you can not remedy the defect without undue delay), you can apply the requirement for the supply of new things without defects or new parts without defects, if it concerns only flaw of this component.
 
Unless the repair or replacement of the goods may, on the basis of the withdrawal buyer may request a refund of the purchase price in full.
 
Within six months of receipt of the goods, it is assumed that the defect existed at the time of goods delivery.

The seller is not obliged to meet the claim of the buyer, if he proves that the buyer knew about the defect goods or he himself caused.

For used goods sold by the seller is not liable for defects caused by the existing use or wear. For items sold at a lower price, the seller is not liable for defects for which the lower price was agreed. Instead of the right to exchange a buyer in such cases the right to a reasonable discount.

Legal rights of defects

The seller is responsible for defects arising after the receipt of goods in the 24-month warranty period, or at the time stated in advertising, on the packaging of goods or in the accompanying instructions.
 
In this period the buyer can make a claim and its option to require the defect, which is a fundamental breach of contract (regardless, if the defect is removable or non-removable)
 
• removal of a defect by supplying the new things without defects or delivery of missing things;
• free remedy repair;
• reasonable discount on the purchase price; or
• refund of the purchase price under the contract rescinded.
 
It is essential to such a breach of contract, for which the party in breach at the time of conclusion of the contract knew or should have known that the other party has not concluded an agreement if such violation anticipated.
 
For defects, which means minor breach of contract (regardless, if the defect is removable or non-removable), the buyer is entitled to remove the defects or a reasonable discount on the purchase price.
 
Occurred when correctable defect after repair again (third complaint for the same defect or fourth for different fault), or the goods have a greater number of defects (at least three defects at the same time), the buyer can exercise the right to a discount on the purchase price, the exchange of goods or withdraw from the contract .
 
The seller is not liable for defects caused by normal wear or failure to follow instructions for use.

Settlement of the claim

The buyer is obliged to lodge a complaint with the seller or the person designated for repair without undue delay after finding deficiency. By doing so in writing or electronically, it should include your contact information, description of the problem and the demand for a way of settling the claim.
        
A complaint can handle the following ways:

  • by writing to Apple LCD Daniel Heneberg, Guerrilla 2, 785 01 Šternberk
  • e-mail, which is listed in the contacts on Apple's website LCD
  • in a customer account -> Order History -> select the order and press the "Detail" -> select goods to the complaint, fill out the reason for the complaint and submit a claim clicking "Create complaint / Return". The status of the complaint / return of goods is in the customer account -> Complaints / Returns
  • in person at HS cellphone Partyzánská 2, 785 01 Šternberk

The buyer is obliged to inform the seller, what right have chosen when notifying defects or without undue delay after notification of the defect. Changing the election without the consent of the seller is possible only when asked if the buyer fix flaws that will prove to be unrecoverable.

If the buyer chooses his right to a fundamental breach of contract on time, the rights as in minor breach of contract.

The buyer is obliged to prove the purchase of goods (the best proof of purchase - delivery / warranty certificate). The deadline for settling a claim runs from the transmission / receipt of goods to the seller or the place designated for repair. Goods should be carried packed in suitable packaging to avoid damage, it should be clear and complete.

Seller shall immediately, not later than three working days to decide on the complaint, or that the decision needed expertise. Information about the need for expert assessment to the purchaser within that period, communicate. The complaint, including the removal of defects, the seller handled without undue delay, within 30 days of its application, unless the buyer agreed in writing on a longer period. After this period, the purchaser has the same rights as if it were a fundamental breach of contract.

If the seller refuses to remove the defect case, the buyer may request a reasonable discount on the price or withdraw from the contract.

The warranty period is extended by a period of a claim in its execution or until the buyer was obliged to pick up a thing. If an exchange of goods or part thereof, shall apply to the seller's responsibility as if they were buying new goods or parts thereof.

If it is not possible to monitor the status of settlement of a claim online, the Seller undertakes to settle claims by the purchaser to inform his request e-mail message or via SMS.

For legitimate complaints belong to the buyer reimbursement of reasonable costs incurred.

Privacy

Buyer agrees that personal data provided by the Seller processed and stored in accordance with the Law on Protection of Personal Data (no. 101/2000 Coll.) In order to fulfill the contract. The buyer has the right to know what personal data about him selling records, and is entitled to change the data, or in writing to oppose their processing. Supervision over privacy exercised by the Office for Personal Data Protection.
 
Buyer Seller can tell that he wants to stop sending commercial messages, and that the electronic address obtained in connection with the performance of the contract without incurring any costs thereby incurred.

Dispute resolution

Disputes between the seller and the buyer solves the ordinary courts.
 
Buyer can turn to for advice about their consumer rights dTest ops www.dtest.cz/poradna or via phone at 299 149 009.
 
Seller agrees to preferentially seek extra-judicial settlement of disputes with the buyer if the buyer does not reject. Alternative dispute resolution takes place via VašeStížnosti.cz on the website www.vasestiznosti.cz.
 
This procedure is not mediation, according to the Act no. 202/2012 Coll., On mediation, as amended, or by arbitration under the Act no. 216/1994 Coll., On arbitration and enforcement of arbitral awards, as amended, and its use is not affect the right of either party to apply to their claim to court.
 
For the duration of the negotiations out of court settlement not running start to the limitation and the limitation period under the Civil Code, unless one of the parties expressly rejected negotiations continue.
 
Seller agrees with the agreement of the buyer to strive to fulfill the recommender opinions Dtest.
 
Compliance with the duties under the Act no. 634/1992 Coll., On Consumer Protection, as amended, performed by the Czech Trade Inspection (www.coi.cz).


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