I. GENERAL PROVISIONS
The Complaints Procedure is an integral part of the General Terms and Conditions of the seller PRG Trading Group s.r.o, IČ 02630664, with its registered office at Denisova 1300, 377 01 Jindřichův Hradec, Czech Republic, registered in the Commercial Register maintained by the Regional Court in České Budějovice in Section C, Insert 22460 (hereinafter referred to as the seller), and describes how to deal with a claim of the goods bought from the seller.
The Buyer is obliged to acquaint himself with the Complaints Procedure and the General Business Terms and Conditions before ordering the goods.
By concluding the purchase contract and accepting the goods from the seller, the buyer agrees with this Complaint Procedure.
Definitions of terms contained in this Complaints Procedure take precedence over the definitions in the GTC. If this Complaint Procedure Code does not define the term, it is understood as meaning in the GTC. If it is not defined there, it is understood in the meaning used by law.
As a proof of warranty (warranty certificate), the Provider issues a purchase document (invoice or sales receipt - hereinafter referred to as the warranty certificate) with each of the goods purchased, with all the necessary data for warranty application (especially the name of the goods, warranty period, price, quantity, serial number).
At the Buyer's request, the Operator will provide a written warranty (warranty card). The warranty card contains the business name of PRG Trading Group s.r.o., its identification number and registered office. However, by default, if the nature of the case so permits, the Seller issues a proof of purchase of the item containing the information provided to the Buyer instead of the Warranty Certificate.
If this is necessary concerning the warranty provided, the Operator shall explain in the warranty certificate in a comprehensible manner the contents of the warranty provided, indicating its scope, conditions, validity period and how claims arising from that place may be exercised. At the same time, the Operator shall state in the Warranty Certificate that the provision of the guarantee does not affect the rights of the buyer who is bound to purchase the item.
II. WARRANTY LENGTH
The warranty period begins on the date of receipt of the goods by the Buyer. In the case of issuing a warranty certificate, the warranty period begins to run on the date stated in the warranty certificate.
For the sale of consumer goods, the statutory warranty period is 24 months, unless a special legal regulation stipulates a longer period. An exception may be goods sold at a discount (goods damaged, used, incomplete, etc. - such a characteristic is always stated for the goods - if not, it is considered that the goods are new, undamaged and complete). If the goods are used, the Operator shall not be liable for defects corresponding to the level of use or wear that the thing had upon receipt by the Buyer, and the rights arising from liability for defects shall cease to exist if not exercised within 12 months from the date of acceptance by the Buyer. This period shall be stated by the Operator in the proof of the sale of the item and sufficiently significantly in the offered goods and the order confirmation. For items sold at a lower price due to defect or incompleteness, the warranty does not apply to defects for which a lower price has been agreed.
The operator may extend this statutory period. The warranty period is always indicated on the warranty card. The warranty period consists of a statutory period (24 months) and, if applicable, an extended warranty period. The warranty period is further extended by the period during which the goods were in the complaint. The rights of liability for defects in goods for which the warranty period applies shall expire if not exercised within the warranty period.
In the case of an extended period, the complaint is governed solely by this Complaint Procedure.
III. WARRANTY CONDITIONS
I. The Buyer is advised to check the shipment status (number of packages, the integrity of the adhesive tape, damage to the box) along with the carrier immediately upon delivery, by the shipping note. The Buyer is entitled to refuse to accept a shipment that is not in conformity with the Purchase Agreement, with the shipment being incomplete or damaged. If the Buyer agrees such a damaged shipment from the carrier, it is necessary to describe the damage in the carrier's delivery protocol.
II. Incomplete or damaged shipments must be notified immediately by e-mail to firstname.lastname@example.org by phone. A damage report signed with the carrier must be filled and sent to the Seller by e-mail or post without undue delay. The additional complaint of incompleteness or external damage to the shipment does not relieve the Buyer of the right to complain but allows the Operator to prove that it is not a contradiction with the purchase contract.
III. The buyer sends the claimed goods to Xiaomi-Store.cz, Římská 24, 120 00, Prague 2. The Buyer may send the defective goods to the address specified by the Seller or hand the claimed goods in person at a pre-arranged place. The claimed goods should be thoroughly secured, the package should be marked visibly with the word "CLAIMS" and should include the claimed goods with complete accessories. We recommend attaching a copy of the purchase document, detailed description of the defect and sufficient Buyer's contact information (especially return address and phone number). Without the above, identification of the origin and the defect of the goods is impossible. This procedure is also recommended to the Buyer-Consumer if it does not prove and substantiates the facts otherwise. We also recommend that you choose the required way of handling your claim (see below).
IV. The buyer-entrepreneur shall prove the validity of the guarantee by submitting a purchase document. The purchase document (purchase or claim document) must have the same serial number as on the claimed product (if the product has a serial number). This procedure is also recommended to the Buyer-Consumer if it does not prove and substantiates the facts otherwise.
V. The warranty does not cover defects caused by the use of incorrect or defective software, improper consumables, or any consequential damages if such use is not usual and is not excluded in the enclosed instruction manual. Furthermore, the warranty does not cover defects caused by improper operation, improper or inadequate handling, use and installation that are inconsistent with the user's manual or damage to the network's overvoltage effects (e.g., lightning) except for standard deviations.
VI. By violating the Seal, Informative Label or Serial Number, the Buyer is at risk of rejecting the claim unless damage occurs in regular use. Seals and serial numbers are an integral part of the product and do not in any way, limit the customer's right to use and manipulate the goods to the fullest extent intended.
Furthermore, the warranty does not cover damage incurred (if such activity is not a regular activity and is not prohibited in the enclosed instructions for use):
mechanical damage to goods,
electrical overvoltages (visibly burned components or printed circuit boards) except for standard deviations,
using the products in conditions that do not conform to the temperature, dust, humidity, chemical and mechanical influences of the environment that are intended by the vendor or manufacturer;
improper installation, handling, servicing or neglect of the care of goods,
if a computer virus has damaged the goods or parts thereof,
the goods have been damaged by excessive loading or use in violation of the documentation or general principles,
by performing unqualified intervention or changing parameters
goods that have been modified by the customer (coating, bending, etc.) if the defect is due to this adjustment,
in case of firmware upgrade,
the goods were damaged by natural elements or by force majeure.
These restrictions do not apply if the properties of the goods, which are contrary to the conditions mentioned above, were explicitly agreed, exchanged or declared by the Seller, or may be expected due to the advertising or the usual use of the goods.
VII. Goods submitted for complaint will only be tested for defects stated by Buyer. We recommend a written form to indicate the defect.
VIII. If the technician finds that the cause of the problem is not the claimed product (e.g. phone), but incorrect installation of the software (operating system, game), if the application has been corrupted by some applications (eg, games, viruses) not supplied by the Seller or if buyer or third party have corrupted the data, the claim will be rejected. If the Buyer agrees to the paid repair, there will be charges according to the currently valid price list. Before making a paid repair, We will inform the Buyer about the price of the repair, its scope, and the time necessary for its implementation. The paid repair can be performed only after the express consent of the Buyer (or based on the concluded service contract) made after the notification according to the previous sentence.
IX. The Operator has the right to refuse acceptance of goods in complaints in cases where the claimed goods and/or its components are contaminated or do not meet the basic hygienic requirements for safe delivery of goods.
IV. CLAIM SETTLEMENT
The Operator usually decides on a complaint immediately, but within three working days at the most. This period does not include the period appropriate to the type of product or service required for the expert assessment of the defect. The Operator shall settle the complaint, including the removal of the defect, without undue delay, no later than 30 days from the date of the claim. The 30 days may be extended after consultation with the consumer - such extension may not be indefinite or unreasonably prolonged. Upon expiry of this period, it is considered that the defect has existed and the consumer has the same rights as if it were a defect that cannot be removed. This period is not binding on the Buyer-Entrepreneur when the complaint will be decided within 40 days from the date of claim.
The Operator shall issue to the Buyer-Consumer a written confirmation of when the claim was filed, what is its content, what manner of claim settlement is required. Furthermore, confirmation of the date and method of settling the claim, including confirmation of the repair and the duration of the claim, or justification of the rejection of the claim.
The Buyer has the right to reimbursement of necessary costs (especially postage, which he paid for the dispatch of the claimed goods), which arose in connection with the exercise of justified rights from liability for defects and were actually and effectively spent. In case of withdrawal from the contract due to a defect of the goods, the consumer also has the right to reimbursement of the costs of such withdrawal.
After the settlement of the justified claim, the warranty period is extended by the duration of the claim. In case of an unjustified claim, the warranty period is not extended. The duration of the complaint is counted from the following day after the claim is lodged to the date of settlement of the claim, ie when the Buyer was obliged to take over the claim. The customer is informed about the settlement by e-mail, which he stated already during the purchase.
After the complaint has been settled, the Operator will notify the Buyer about the termination of the complaint either by phone, SMS or e-mail. If the goods have been shipped, they will be automatically sent to the Buyer's address after processing.
In the case of non-collection of the claimed goods within one month of the expiration of the period when the complaint was to be made, and if later, within one month of notification of its execution (ie usually within 60 days from the date of filing the complaint), the Operator is entitled to charge for storage
Upon the release of goods after settling the claim, the Buyer is obliged to prove his/her identity by ID or valid passport.
V. NON-WARRANTY REPAIRS
The following applies to all non-warranty repairs (ie, replacement of LCDs, speakers, USB connectors, etc.):
- PRG Trading Group s.r.o. provides the customer with a 3-month warranty for repair following Section 654 of the Civil Code.
- The customer is obliged in his interest to check the full functionality of the equipment within 24 hours after receipt from the contractor. Following claims of defects not directly related to the work performed will not be regarded as a warranty. This paragraph does not cover warranty repair.
- The PRG Trading Group s.r.o. provides a warranty period of 6 months from the end of the repair, except for material subject to special legislation.
If the contents of the package or the subject of purchase are consumables (eg, batteries), its usual lifetime is six months unless otherwise stated. For headphones, the lifespan is always six months. The exception is headphones that were purchased as a standalone product.
The Buyer's right to claim the goods within the statutory warranty period is not affected. However, the Buyer must take into account the above, as the warranty does not cover the wear and tear caused by the regular use of the item and cannot be confused with the life of the product. The durability of goods is a susceptibility to wear and tear caused by regular use. If you use the goods for longer than the usual lifetime, it is likely that the defect is due to normal wear and tear, but it's possible that it is a warranty defect. The Operator always states in the justification of any rejection of the claim whether the defect was caused by usual wear and tear.
The above-mentioned usual service life is always stated by the Operator also for the offered goods. Otherwise, it is not possible to invoke this viability.
VII. FINAL PROVISIONS
This Complaints Procedure is valid from June 5th 2019 and invalidates the previous Complaint Rules.
This Complaints Procedure is available electronically at https://www.xiaomi-store.cz.