- GENERAL PROVISIONS
1.1 This Complaints Procedure, together with theTerms and Conditions for purchases through the e-shop ofAbacus Electric, s.r.o., ID No: 45022828, with its registered office at Planá 2, Postal Code 370 01, registered in the Commercial Register kept at the Regional Court in České Budějovice, Section C, Insert 1228 (hereinafter referred to as the "Seller") applies to the goods purchased from the Seller by the Buyer (hereinafter referred to as the "Buyer") on the basis of the purchase contract concluded between the Seller and the Buyer via the e-shop (hereinafter referred to as the "Purchase Contract") and is an integral part of the Purchase Contract.
1.2 The buyer is a consumer or a business.
- A consumer is any person who enters into a contract outside the scope of his or her business activity or outside the scope of the independent exercise of his or her profession ("consumer").
- An entrepreneur is a person who independently carries on a gainful activity on his own account and responsibility in a trade or similar manner with the intention of doing so on a regular basis for profit (hereinafter referred to as "entrepreneur").
- COMPLAINTS POLICY
2.1 Each item purchased from the Seller is accompanied by an Invoice, Delivery and Warranty Certificate. Agree to the warranty terms and conditions listed in the Delivery and Warranty Card rep. listed on the product website at www.abacus.cz, eshop.salente.com and eshop.evolveo.com (hereinafter referred to as the e-shop) is confirmed by the buyer by confirming the electronic order. Confirmation of the electronic order is done by clicking on the button that completes the order. In the case of exchange of goods, the buyer will receive a new Delivery and Warranty Card, which will include the new serial number of the product, if the serial number is recorded for the goods. Further claims, if any, will be made on the basis of the newly assigned serial number.
2.2 The length of the warranty in months is indicated on the goods card of the e-shop and on the Delivery and Warranty Card, If the purchase is a used item, the seller is not liable for defects corresponding to the level of use or wear and tear that the item had when the buyer took over the item, and the rights of liability for defects in the item will expire if not exercised within 12 months from the date of acceptance of the item by the buyer. The warranty on consumables ends with the first use of this product. The software sold is warranted by the manufacturer and covers the readability of the media. The warranty period is extended by the time the goods have been under claim.
2.3 If the Buyer discovers any difference between the Delivery and Warranty Card and the goods actually delivered (in type, quantity or condition), has not received a correctly completed Delivery Card with the shipment, or has received damaged or incomplete goods, the Buyer shall claim such defect from the Seller immediately.
2.4 The Buyer may file a claim within the warranty period without undue delay after the defect has been discovered. The seller is not liable for the increase in the extent of damage if the buyeruses the goods although he knows about the defect. The buyer shall precisely identify the defect and inform the seller of the seller ' s chosen right of liability for defects when notifying the defect or without undue delay after notification of the defect. Information on the rights of the buyer from defective performance are given in the General Terms and Conditions of the seller.
2.5 The Buyer shall personally deliver or send the claimed goods, sufficiently packed against damage, to the following address:
Abacus Electric, s.r.o.
37001 Planá 2
The goods are accompanied by a completed Claim Form.
The buyer removes the SIM cards and memory cards before sending the claim. Memory cards are sent with the claim only if the battery is draining quickly or the mobile phone is switching off.
2.6 Upon receipt of the claimed goods, an employee of the Seller shall assess the accuracy of the completed data and inspect the goods. In the event that the conditions of the complaint are not met, the buyer will agree with the buyer on the next course of action. The Seller shall issue the Buyer with a written confirmation of when the Buyer made the claim, what the content of the claim was and what method of handling the claim the Buyer requested. Furthermore, a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint.
2.7 The Seller shall settle the Buyer's claim without undue delay, no later than 30 days from the date of the claim, unless a longer period is agreed. The time limit for the settlement of claims is suspended if the seller has not received all the documents necessary for the settlement of the claim, such as parts of the goods, other documents, etc.
2.8 Settled claims are sent back to the Buyer at the Seller's expense to the address provided by the Buyer.
2.9 The Buyer runs the risk of rejection of the claim:
- Breach of protective seals and labels, if any, on the product (unless the breach occurs during normal use).
- Damage to or removal of the seller's own marking, if present on the product (components from personal computers, etc.).
2.10 The Seller shall not be liable for defects in the following cases:
- if there is a defect in the item at the time of its acceptance and a discount on the purchase price is agreed for such defect,
- if the goods are used and the defect corresponds to the level of use or wear and tear that the goods had when they were taken over by the buyer,
- the defect has been caused by wear and tear caused by normal use or by the nature of the item (e.g. expiry of its useful life),
- the defect is caused by the buyer and has been caused by improper use, storage, improper maintenance, tampering or mechanical damage,
- the defect was caused by an external event beyond the seller's control (e.g. damage caused by a computer virus, the elements or force majeure, etc.).
- OTHER PROVISIONS
3.1 The Buyer who is a business shall complete the RMA form on the Seller's website before submitting a claim. If he exercises his rights from the defective performance in the form of removal of the defect by repair and if another person is appointed to carry out the repair, he shall always exercise this right with this person.
3.2 In case of repeated delivery of incomplete accompanying documents necessary for the complaint (delivery note, list of shipped goods, etc.), the Seller is entitled to charge the Buyer, who is a businessman, a fee of CZK 500 for tracking down these documents). In the event of an unjustified or unacknowledged claim, the seller reserves the right to charge a penalty of up to CZK 500,- and shipping costs.
3.3 The Buyer, who is an entrepreneur, agrees to set off his property claim arising from the Seller's liability for defects in the goods against his obligation to the Seller, which is more than one month overdue.
- FINAL PROVISIONS
4.1 The Buyer may contact the Seller by email sent to firstname.lastname@example.org
4.2. This Complaint Procedure shall enter into force on 6 January 2023.