1. GENERAL PROVISIONS
1.1 These Terms and Conditions of Warranty, together with the General Business Terms and Conditions of Abacus Electric, s.r.o., Company ID No.: 45022828, with its seat in České Budějovice, Planá 2, postcode 370 01, recorded in the Commercial Register of České Budějovice Regional Court, Section C, Insert 1228 (hereinafter referred to only as the “seller”) apply to goods bought by a purchaser (hereinafter referred to only as the “purchaser”) based on a sales contract concluded remotely between the seller and the purchaser (hereinafter referred to only as the “sales contract”) and constitute an integral part of the sales contract.
1.2 The purchaser is a consumer or entrepreneur.
- A consumer is any person who enters into a contract outside of the scope of their business activities or the independent conduct of their profession (hereinafter referred to only as “consumer”).
- An entrepreneur is a person who independently conducts a business on their own account and at their own risk, with the purpose of gaining a profit (hereinafter referred to as “entrepreneur”).
2. WARRANTY TERMS AND CONDITIONS
2.1 All goods bought from the seller come with an invoice, delivery note, and a warranty certificate. The purchaser confirms the takeover of the goods and their agreement with the terms and conditions specified in the delivery note and warranty certificate by signing both of these documents. If the product is exchanged, the purchaser will receive a new delivery note and warranty certificate, including a new serial number. Potential further warranty claims must include the new serial number.
2.2 The warranty period in months is indicated in the delivery note or warranty certificate (alternatively in the seller’s General Business Terms and Conditions). If the purchaser buys a used product, the seller is not liable for defects caused by corresponding wear and tear before the takeover. If no warranty claim is exercised, the defects liability period ends 12 months after takeover of the goods by the purchaser. Warranty for consumable items ends with their first use. Software warranty for readability is provided by the manufacturer. The warranty period is extended by the period of handling a warranty claim.
2.3 If the purchaser finds any difference between the delivery note or the warranty certificate and the goods actually delivered (concerning the type, amount, or state thereof), did not receive an accurate or complete delivery note, or received damaged or incomplete goods, they must immediately inform the seller and exercise a warranty claim.
2.4 The purchaser should exercise their right to a warranty claim without unnecessary delay after finding a defect. The seller is not liable for any aggravation of the damage if the purchaser continues to use the product once aware of a defect. The purchaser will mark and indicate the defect for the seller, and specify the right they wish to exercise based on the seller’s defect liability when reporting the defect or immediately afterwards. Information on the seller’s defect liability and the purchaser’s associated rights are specified in the General Business Terms and Conditions of the seller.
2.5 Warranty claims are handled by the seller at their business premises in České Budějovice. The address of their business premises is given at www.evolveo.com and in the General Business Terms and Conditions.
2.6 An employee of the seller will inspect the goods returned under warranty upon receipt and check the accuracy of data provided by the purchaser. If the RMA terms are not met, they will negotiate a way to handle the warranty claim together with the purchaser. The seller will issue the consumer a written certificate indicating when the purchaser exercised their right, what the warranty claim is referring to, and what method of remedy they want to pursue, along with the date and manner in which the warranty claim is handled, a certificate of repair, and time needed to complete it or a written justification of why the warranty claim was rejected.
2.7 A consumer’s warranty claim and correction of the defect will be handled without undue delay, 30 days after its issue at the latest, unless a longer period is agreed upon by both parties. This period only starts after the seller receives all materials necessary for them to handle the warranty claim (product components and other materials).
2.8 The seller bears all costs for sending the product back to the address given by the purchaser.
2.9 The purchaser bears the risk that their warranty claim may be rejected:
- If any protective seals and stickers are damaged (unless caused by normal wear and tear).
- If any labels of the seller, where they exist on the product, are damaged or removed (for PC components, etc.).
2.10 The seller is not liable for defects if:
- The defect is present already upon takeover, both parties are aware of it, and the purchaser receives a discount from the purchase price accordingly,
- The purchaser buys a used product and the defects correspond to normal wear and tear,
- The defect is caused by regular wear and tear or the very nature of the product (end of its lifetime, etc.),
- The defect was caused by the purchaser as a result of incorrect use, storage, incorrect maintenance, intervention or mechanical damage,
- The defect was caused by a force that is beyond the seller’s control (e.g. a computer virus, the elements, or force majeure).
3. FURTHER PROVISIONS
3.1 A purchaser who is an entrepreneur will fill in the RMA form on the seller’s website before placing a warranty claim. If they wish to exercise their right to demand a repair and another person is arranged to carry it out, they will negotiate with said person.
3.2 If a purchaser who is an entrepreneur repeatedly provides incomplete warranty documentation (delivery note, list of goods sent, etc.), the seller has a right to charge them a CZK 500 fee to compensate for having to trace the documentation. In the case of an unjustified or a rejected warranty claim, the seller maintains a right to demand a CZK 500 penalty plus transport costs.
3.3 A purchaser who is an entrepreneur agrees that a property claim ensuing from the seller’s defect liability can be set off against their liability to the seller if it is over one month past its due date.
4. FINAL PROVISIONS
4.1 These Terms and Conditions of Warranty enter into force on 1 January, 2020 and supersede the previous ones.
A warranty claim must include:
- Name of the defective goods and a detailed description of the defect.
- The complete goods for which the warranty claim is being made (e.g. mobile phone + battery, Set-Top Box + remote control).
- Relevant documentation confirming that the product was purchased from Abacus s.r.o. Alternatively, evidence of purchase for an EVOLVEO/Salente product bought from another seller (e.g. a warranty certificate, invoice, account statement).
- Address and contact information for details to be sent to concerning the processing of the claim (phone, E-MAIL).
- Do NOT send SIM or memory cards along with the device (only e.g. in case the battery is dying too fast or the phone switches off).
Warranty claims are to be sent only to the address below. We recommend sending mail by recorded delivery. Please keep the deposit receipt from the post office as evidence of having posted goods as part of a warranty claim. Do not forget to insure the goods.
Sales contract termination:
(General terms are specified in Art. 6 of the General Business Terms and Conditions of Abacus Electric, s.r.o)
The purchaser bears all costs for returning the goods to the seller. The purchaser is also liable for any depreciation of the goods caused by their handling that violates the necessary precautions based on their nature and properties.
The returned goods should be complete, placed in their undamaged packaging, and without signs of wear and tear, ideally unpacked. If the goods cannot be returned in their original state, the consumer must provide financial compensation of an equivalent value. Parcels sent cash on delivery will be returned. If the returned goods are partially damaged, the seller can exercise their right against the consumer for damage compensation, and set off their claim against the purchaser’s claim for the return of the purchase price. In such case the seller must prove that the damage was caused by the purchaser.
To terminate the sales contract, a party must:
- Provide evidence of purchase
- Write a cover letter including their contact information (telephone, e-mail address, bank account to send money to, address)
- The product in its original undamaged package, including all accessories
If you have any questions, contact us at firstname.lastname@example.org
SEND goods for warranty claims and returns, adequately packaged to protect against damage, to our service centre address:
Abacus Electric, s.r.o.
Warranty Claims Department
370 01 České Budějovice