Return Policy of a-viac.eu for B2C

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Return Policy of a-viac.eu for B2C

1 Background

  1. This warranty and return policy regulates the relationship between the Supplier and the Customer, amends the Contract on B2C Partner Business Relationships (hereinafter referred to only as the “Contract”) and General Terms and Conditions (GTC), and constitutes an integral part of the Contract.
  2. Where complaints are lodged, the relationship between the Supplier and the Customer is governed by the relevant provisions of the Commercial Code and of this Return Policy. The Supplier and Customer hereby jointly declare that the provisions of this Return Policy enjoy priority over the relevant provisions of the Commercial Code, with the exception of the mandatory rules set by the Commercial Code.
  3. The Customer acknowledges the effectiveness of this warranty and return policy upon receiving their order’s confirmation from the Supplier.
  4. Through the effectiveness of this Return Policy, the Supplier reserves a right to amend its provisions in any way, while respecting the mandatory rules set by the Commercial Code and other legal regulations which are effective in the Slovak Republic. Any amendments to the Return Policy come into effect on the 3rd day of their publication on www.a-viac.eu.
2 Receiving the goods, a risk of damage to the goods
  1. The Customer is obliged to properly and timely inspect the delivered goods, as soon as the risk of damage to the goods is assumed (i.e. immediately after receiving the goods). if the contract obliges the Supplier to dispatch the goods, the Customer assumes the risk associated with the goods after they are handed to the shipper at a contractually appointed place; if the stated obligation of the Supplier does not arise from the Contract, then after the goods are handed over to the first shipper for the purposes of delivering them to the place of destination.
  2. The Customer is obliged to inspect the delivered goods without any unnecessary delay, as soon as they are at their disposal. If the Customer learns that the delivered goods sustained a mechanical damage after they were handed over to the shipper, even if this discovery was made ex post facto, they are obliged to immediately contact the shipper and request that a damage report be made. At the same time, they have an obligation to notify the Supplier that the shipper was informed of the damage. Subsequently, they must get in touch with the Supplier’s complaints department where their complaint will be processed, based on the damage report. Without the above-mentioned written document (the damage report), it is not possible for the Supplier to recognise that there was a mechanical damage. If the Customer does not inspect the goods or does not arrange for their proper and timely inspection in the time the associated risk is assumed, they can enter a claim of defects discovered during an inspection only if it is proven that the goods already sustained this damage by the time the associated risks were being assumed. The Customer must conduct the inspection in a way that makes sure all defects which can be discovered with the exercise of due expert diligence are indeed discovered.
  3. No later than 12 hours after conducting the inspection, the Customer is obliged to notify the Supplier of all discovered defects, or rather of all defects which could have been properly and timely discovered with the exercise of due expert diligence. In the event the amount or type of goods which were actually delivered differs from the information stated in the delivery note, the Customer must notify the Supplier of this fact in writing, no later than in two days. The Customer undertakes to settle the price of delivering a substantial amount of goods only if they failed to notify the Supplier as per the provisions of the previous sentence.
3 Responsibility for defects, a quality guarantee
  1. The above-mentioned rules of lodging complaints jointly apply to lodging complaints about defects in the delivered goods for which the seller bears legal responsibility, and about defects in goods where the seller assumed the guarantee of quality. In all cases, a proof of payment and delivery of the goods whose defects are being reported must be submitted.
  2. The liability rights in regard to defects in goods which are the responsibility of the Supplier as per the provisions of the Commercial Code must be exercised by the Customer within the meaning of the provisions of the Commercial Code. If a complaint concerns defective goods where a guarantee of quality was assumed by the Supplier, these defects must be reported before the warranty period expires at the latest. In case of a personal pick-up, the warranty period starts on the day when the Customer receives the goods; on the day when the goods are received from the appointed shipper at the place of delivery if the goods are being dispatched.
  3. The Customer is obliged to report defective goods without any unnecessary delay, within 3 work days of having discovered the defect or of the day when the defect could have been discovered were due diligence exercised at the most. If there is a failure to enter a claim in regard to defective goods, and the defect is not reported within 3 days of the day when the defect was discovered or of the day when it could have been discovered, the right to lodge a complaint becomes extinguished, as well as any claims resulting from these defects in the goods. If the goods are under warranty, the defect must be reported and the related claims entered before the warranty period expires. The right to lodge a complaint becomes extinguished when the warranty period expires.
4 Processing complaints
  1. On the Supplier’s website (www.a-viac.eu) or by e-mail (support@prostudio.sk), the Customer will present the Supplier with a proof of purchase issued by the Supplier – invoice, delivery note, handover certificate, warranty card.
  2. If the Customer has any questions about lodging complaints, they can contact the Supplier.
  3. If the manufacturer has an authorised repair shop in the Slovak Republic, the Customer is obliged to exercise any and all claims related to defective goods by lodging a complaint directly in this authorised repair shop. The costs of lodging a complaint (packing, transport, mail…) at the place where the complaint is processed are born by the Customer.
  4. If a conditional complaint is lodged, the time of its processing depends on the Supplier. In the event the manufacturer does not recognise the complaint as a justified warranty repair, all costs related to the complaint’s processing will be borne by the Customer; the goods will be returned to the Customer only after the incurred costs are paid.
  5. If a complaint is recognised as justified, all costs related to dispatching the goods back to the Customer will be borne by the Supplier.
  6. Packages containing goods which are subject to a complaint must be clearly labelled “RMA”. If the package is addressed to a specific person, their name must be stated (dealer, warehouse, RMA, accounting…). If the package contains multiple items, a list of the returned goods must be enclosed. Parcels which contain goods subject to a complaint and are dispatched at the addressee’s expense will not be accepted by any authorised repair shop or the Supplier.
  7. If a complaint is lodged at the seat of the Supplier, assuming that the Customer should have lodged the complaint in the authorised repair shop and was aware of this fact, the Supplier will have a right to be reimbursed for all costs related to transporting the returned goods to an authorised repair shop, as the Customer was informed of this course of action in the Supplier’s return policy.
  8. The Customer is obligated to dispatch the goods in such a packaging that prevents any mechanical damage from occurring during transport. The Supplier recommends the returned goods to be dispatched in the original packaging, antistatic wraps, etc. 
  9. The Customer must make certain that the serial numbers on the goods and the numbers recorded in the warranty card are identical. If any difference is discovered, the Customer must write to the Supplier within three work days of having received the goods. The Supplier’s employees will arrange for the discrepancy to be eliminated and for a new warranty card to be dispatched at the Customer’s expense. If the Customer failed to report the above-mentioned facts, the complaint will be viewed as unjustified and the right to enter a claim in regard to defective goods will become extinguished. 
  10. When goods that are subject to a complaint are handed over for the purposes of processing the complaint, the warranty card and proof of purchase must always be enclosed.
  11. If any of the Supplier’s requirements are not met, the goods will not be received for the purposes of exercising the rights associated with them, and will be send back to the address stated on the packaging, at the Customer’s expense.
  12. Unless other provisions of this Return Policy state otherwise, the Customer can lodge a complaint in person, on work days from 8:30 a.m. to 5:00 p.m. at the Supplier’s headquarters. The Customer is obliged to submit a notification of discovered defects in writing, within periods set by this Return Policy. This written notification must describe the discovered defects, i.e. state how the discovered defect manifest itself, and declare which claim is being made as a result of the defect’s existence. In the event the Customer lodges a complaint about defective goods in an authorised repair shop, they must immediately, but no later than in 2 work days, inform the Supplier that the complaint was lodged, either in writing, or by sending an e-mail to an employee of the Supplier’s complaints department. In that case, the Customer is also obliged to notify the Supplier of the discovered defect and the claim that is being made as a result of the defect’s existence.
  13. When lodging a complaint, the Customer fills out a complaints form, published on the Supplier’s website, or sends a request e-mail with information about the defective product, invoice number, product code, serial number, and the defect’s description. Only those complaint forms which were filled out in a proper and timely fashion will be accepted.
  14. The Customer can check the status of their complaint directly on www.a-viac.eu, or by sending an e-mail to support@prostudio.sk. The Supplier does not accept any goods that were sent by express mail.
  15. If the Customer does not accept the returned goods (both in the case of a justified, and unjustified complaint) within 30 days of its handling, the Supplier is entitled to charge a storage fee of 2.00 EUR for each commenced day of storage.
5 Warranty period
  1. The Supplier provides a warranty for the quality of selected types of goods, thus guaranteeing in writing that the supplied goods will be suitable for use during the stated period and for the negotiated or regular purpose, i.e. that the supplied goods will keep its negotiated or regular properties. Unless any provision of the Contract, GTC, or this Return Policy states otherwise, the warranty starts on the day when the goods are received.
  2. The Supplier bears no responsibility for any damage caused by an improper storage of the goods, functional properties, or for any damage sustained as a result of any unqualified use or external factors and incorrect handling of the goods. The provided warranty does not extend to any defect with such an origin.
  3. The Supplier will provide such a warranty period for the goods that is stated in the warranty card and which is based on the warranty period provided by the manufacturer.
  4. The time between lodging a complaint and its handling is not factored into the warranty period. The warranty period for goods which were either repaired, or exchanged on the basis of a lodged complaint runs as per the warranty provided for the original goods, even if the complaint was handled by replacing the defective product with a new one, with a different serial number.
  5. If the returned goods are dispatched without a written notification of discovered defects, tests do not detect the alleged defect and the goods are declared fully functional, the warranty period for the particular goods has expired, or if the defect was caused by an improper handling, the Supplier has a right to receive a sum of at least 17.00 EUR per 1 piece of goods, VAT not included, as a reimbursement for incurred repair, organisation, and handling costs.
6 Claims of defective goods
  1. If a warranty complaint, lodged in the warranty period, is deemed to be justified, the Supplier must repair the defective goods free of charge. If the goods cannot be repaired, the Customer has a right to receive replacement goods of the same kind. If no replacement goods of the same kind are available, the Supplier can deliver replacement goods whose specifications and technical solutions are similar to those of those purchased previously. If the non-repairable returned goods are not available on the market, the complaint will be handled by providing an adequate replacement or by issuing a credit note of value equal to the price of the adequate replacement as determined by the Supplier’s complaints department. In that case, the Supplier can decide whether they are going to handle the complaint by providing an adequate replacement, or by issuing a credit note.
  2. The Supplier is obliged to process a complaint within as short a time of having received it as possible.
  3. If a warranty card is not provided with the goods, the warranty period will be determined by the warranty period specifications stated in the provisions of this Return Policy, or directly on the Supplier’s website. If a warranty card was not a part of the goods’ delivery, and at the same time their warranty period is not established by any provision of the Return Policy or on the Supplier’s website, a warranty period of 6 calendar months will apply to the goods. The costs of repairing returned goods after the warranty expired are borne by the Customer.
  4. The warranty provided in a warranty period does not apply to defects caused by using unauthorised software and consumer materials; by computer viruses; by using the goods in improper working conditions, especially in unsuitable temperatures, where there is humidity or dustiness, or where the working conditions present in an office environment have unsuitable chemical, physical, or mechanical effects; overloading the goods; by using the goods contrary to their documentation or general rules; by unqualified installation, unqualified operation, or a failure to properly take care of the goods; by plugging the goods into an electricity network which does not conform to the relevant STN standard; by force majeure; and by meteorological influences (primarily by a lightning strike, etc.).
  5. The warranty provided in a warranty period also does not apply if the goods’ serial number was removed or damaged; if the goods sustained a mechanical damage after they were received; if they were damaged as a consequence of their operation in improper conditions; if they were exposed to a chemically aggressive environment, high temperatures, or an electric/magnetic field; if their seal was removed; if the goods were damaged by a natural disaster, a fault current, or by being used and handled contrary to the instruction manual and the manufacturer’s warranty terms.
  6. The returned goods must not be labelled with any stickers, scribbled over by a pen or marker, or otherwise marked.
7 Damages and unjustified complaints
  1. The Customer has the obligation to familiarise themselves with the manufacturer’s specific warranty terms, or with the instruction manual, and to do it upon the receipt of goods at the latest. The Supplier will bear no responsibility for the occurrence of any defect if the Customer fails to fulfil their obligation to familiarise themselves with the manufacturer’s warranty terms, or with the instruction manual, resulting in a partial or complete damage of the goods or their complete destruction, primarily if a defect is caused by an improper handling or use and would not have occurred if the goods were used in a regular and proper fashion. This does not affect the Supplier’s right for damages.
  2. If it is shown that a defect that is subject to a complaint was caused by an action on the part of the Customer – a damage sustained due to an improper use or handling (leaks) – and that the Customer lodged a complaint about the defect although they were aware or could have been aware of this fact, the Supplier may request damage.
  3. If a complaint is deemed to be unjustified, the Customer must settle a handling fee of 6.64 EUR + VAT for each unrecognised complaint.
  4. If there is a hidden defect which cannot be detected upon the complaint’s receipt – for instance water in the keyboard, a burnt VGA card under the cooler, or by overlocking –, and the complaint is not recognised by the manufacturer as justified, the Supplier reserves the right to demand damages from the Customer.
  5. In the event that the Supplier exercises due expert diligence, yet is unable to sufficiently identify the returned goods (so-called alternative toners) due to a missing serial number, and if the Supplier properly handles the complaint despite this fact, the Customer bears responsibility for any damage they caused by this action, if the Supplier’s distributor deems such a complaint to be unjustified. In that case, the Customer must settle all sufficiently documented expenses incurred by the Supplier to process such a complaint.
8 Consumer materials

This category includes lightbulbs, discharge tubes, charges (toners, cartridges), and tapes. The warranty period lasts 6 months.

If the goods consist of software, the warranty applies exclusively to the physical unreadability of the data media. Once the means of protection are removed (adjustment wrap, seals, etc.), the Customer becomes an authorised licensed user of the purchased goods which become goods that can no longer be returned to the Supplier.

9 Final provisions
  1. The Supplier’s Return Policy is an integral part of the Contract and GTC.
  2. The provisions of the Return Policy come into force and effect on the day of the Contract’s signing. If the Customer does not conclude a Contract with the Supplier, and the business relationship is established by the Supplier’s confirmation of an order, then this confirmation will be interpreted to mean that the Customer agreed to the Supplier’s warranty terms.
  3. If the Supplier learns that the manufacturer of the returned goods or the distributor from whom the Supplier purchased the goods is not able to process the complaint within the meaning of the agreed terms of business due to insolvency (they declared bankruptcy, or the company was dissolved with no legal successor), the Supplier will bear no responsibility for any damage incurred by the Customer. In that case, the Supplier reserves the right to send the returned goods back to the Customer without handling the complaint.
  4. This Return Policy comes into effect on the 1st of September 2018.

 

 
 
 
 
 
 
 
 
 
 
 
 
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