Warranty Claim Policy

1. General Provisions↑

The Warranty Claim Policy defines the rights and responsibilities of the seller, Stickfish, s.r.o., place of business in Koněvova 141/2660, Prague 3, 130 83, company ID No. 26729687, registered in the Commercial Registry of the Municipal Court in Prague, Section C, Paper 90069, delivery address same as company seat, phone +420 267 108 385, electronic mail address: info@64bit.eu, hereinafter just “seller”, on one side and a buyer on the other side.

 

Claims filed by consumer buyers are governed by Act no. 40/1964 Coll. of the Civil Code, as amended, and Act no. 634/1992 Coll. on Consumer Protection, as amended, and related regulations.

 

Claims filed by buyers who are either legal entities or physical entities conducting business (hereinafter just businessman buyers) are governed by Act no. 513/1991 Coll. of the Civil Code and related regulations.

 

All goods purchased from the seller are accompanied by a bill of delivery with serial numbers of products (if the manufacturer assigns serial numbers to products), or an invoice containing a note that it also serves as a bill of delivery and a certificate of warranty. A consumer buyer filing a claim must present the original manufacturer's certificate of warranty. A buyer confirms the receipt of goods and their consent with the conditions of warranty by signing a bill of delivery or an invoice. In case the goods are not personally collected at the seller's place of business, the receipt of goods is considered to be the moment when a buyer accepts the goods from a forwarding agent. The buyer is obligated to send the signed bill of delivery to the seller.

 

2. Conflict in Contract of Purchase↑

Consumer Buyer

If a consumer buyer discovers damage to the delivered goods, any disparity between the bill of delivery, the tax document, and the actual delivered goods (in type, quantity, or serial number), or does not receive a correctly filled out bill of delivery with serial numbers of the products along with the delivery, or an invoice, they are obligated to immediately and in a provable manner contact the seller in order to remove these deficiencies. The consumer buyer is entitled to have the seller put things in order free of charge and without unreasonable delay according to the contract of purchase, and, according to the consumer buyer's request, by either exchanging the item or repairing it; if such procedure is not possible, the consumer buyer may request an appropriate discount from the price of the item or withdraw from the contract. This does not apply in cases where the consumer buyer knew of the conflict in the contract of purchase before accepting the item, or they caused the conflict in the contract of purchase themselves. The consumer buyer's rights are defined by § 616 of Act no. 40/1964 Coll. of the Civil Code, as amended.

 

A conflict in a contract of purchase that becomes apparent within six months of item receipt is considered to be a conflict existing at the time of receipt, unless it is made impossible by the nature of the item or is proven otherwise. A conflict in a contract of purchase is mainly understood to be one of the following: a sold item does not have the quality or the product manufacture qualities required by the contract of purchase, described by the seller or their agent, or expected on the basis of advertising performed by the seller or their agent, or the quality and product manufacture qualities common to items of this kind, or is not in compliance with legal regulations, is not in quantity, scale, or weight appropriate for such compliance, or does not correspond with the purpose presented by the seller for the use of the item or with the purpose for which the item is usually used.

 

If it is a defect that can be removed, the consumer buyer is entitled to have it removed free of charge, in a timely manner, and in due form, and the seller is obligated to remove the defect without unreasonable delay. Unless it would be disproportionate with regard to the nature of the defect, the buyer may request to have the item exchanged, or if the defect only affects a part of the item, to have the part exchanged. If such procedure is not possible, the buyer may request an appropriate discount from the price of the item or withdraw from the contract. If it is a defect that cannot be removed and prevents the item from being used as one without a defect, the buyer is entitled to have the item exchanged or withdraw from the contract. The buyer has the same rights if the defect can be removed but the buyer cannot properly use the item because of repeated occurrences of the defect following repairs or a large number of defects. In case of other defects that cannot be removed and if the buyer does not request item exchange, the buyer is entitled to an appropriate discount from the price of the item, or he or she can withdraw from the contract.

 

Businessman Buyer

A businessman buyer is obligated to check the content of the package no later than one business day since accepting the goods, with the exception of cases when the goods were presented and accepted at the seller's place of business. If a businessman buyer discovers damage to the goods, any disparity between the invoice or the bill of delivery and the actual delivered goods (in type, quantity, or serial number), or does not receive a correctly filled out bill of delivery with serial numbers of the products along with the delivery, they are obligated to notify the seller of this in writing and in a provable manner within one business day. Unless the buyer does so, their later claims will not be taken into consideration.

3. Warranty Conditions↑

The warranty period in months is given on the bill of delivery or the invoice. Unless there is a different warranty period given for an item, in accordance with the law, on the invoice or the bill of delivery, Stickfish, s.r.o., guarantees a warranty of 12 months for businessman buyers and 24 months for consumer buyers, in both cases on goods other than software. The warranty period starts on the day when the consumer buyer accepts the goods. In case of used, second-hand goods the warranty period is at least 12 months and it will be clearly marked on the certificate of warranty. If it is not marked, the warranty period is assumed to be 12 months from the acceptance of the goods.

 

The warranty period is not running during the period between the filing of a warranty claim for defects and the day when the buyer is obligated to accept the item after the completion of repairs. The seller is obligated to issue a certificate for the buyer with the following information: when was the claim filed, how was the item repaired, and how long did it take. In case of an exchange the warranty period starts anew upon acceptance of the item. The same applies in case of an exchange of a part covered by the warranty. The warranty does not cover goods with broken protective seals, information stickers with serial numbers, etc. Seals and serial numbers are indispensable parts of products and do not limit the customer's right to use and manipulate products the way they were intended to.

4. Voiding Warranty↑

If a buyer purchases individual components for self-installation in their device, the seller shall not be liable for the compatibility of said components with components already installed in the device. The seller shall also not be liable for damage to the delivered goods related to the self-installation or for any other losses incurred if the user manual or instructions from the manufacturer or the seller were not followed during the installation, or by combining components and software. The warranty is void in the following cases:

 

  1. buyer installs components unsupported by the manufacturer, such as third party hard disks or RAM
  2. the warranty period ran out
  3. mechanical damage, unprofessional installations, unprofessional handling or operation, neglecting common maintenance
  4. defects caused by computer viruses
  5. if a defect is only seen in software for which the buyer is unable to prove legal acquisition
  6. goods damaged by natural forces or by electrical blackout
  7. goods damaged by overloading or using in violation of conditions specified in documentation

 

5. Goods with Lifetime Shorter than 24 Months↑

Goods with lifetime shorter than 24 months are marked as such in the seller's offering, and this information is also in writing on the bill of delivery or the invoice. The technological nature of these products means their lifetime is assumed to be shorter than 24 months. This does not affect the length of their warranty period which is still 24 months and during which a consumer buyer is entitled to file a claim.

6. Return procedure – consumer buyer↑

A consumer buyer delivers the goods for which he or she intends to file a complaint at their own cost to the seller's place of business. The buyer if obligated to deliver the goods with any and all accessories originally supplied with the goods, and preferably in original packaging. If the buyer no longer has the packaging, they are obligated to pack the goods sufficiently to prevent damage to the goods if the goods needs to be sent by the seller to the manufacturer or an authorized workshop. In some cases, the manufacturer may refuse to honor the warranty without accessories, buyers will be informed of this in the product description on www.64bit.eu. The buyer must present an invoice or a bill of delivery along with the goods, and also the warranty certificate from the manufacturer (a copy is acceptable) if it accompanied the product.

 

An employee of the seller will assess the defect over which the complaint is being filed and immediately, if possible, decide whether the claim is reasonable. The decision will be made within three days in complicated cases. This period does not include the time, adequate to the type of the product, needed for a professional assessment of the defect. The seller's employee will draw up a complaint protocol with the buyer that will include the defect over which the claim is being filed, the expected, non-binding date by which the complaint should be handled, and the method used to handle the complaint. If the seller assesses the complaint as unreasonable, this fact will be included in the complaint protocol as a rejected claim. The complaint protocol and the current state of complaints can be found in the Complaint section after you log in to the www.64bit.eu store.

 

In case of a reasonable complaint, the buyer has rights stipulated in § 598 of Act no.. 40/1964 Coll. of the Civil Code, as amended.

 

The thirty-day period during which a complaint must be handled starts on the day following the filing of the claim by the buyer. The period, determined by days, starts on the day following the event decisive for its start. If the last day of the period falls on Saturday, Sunday, or holiday, the last day of the period moves to the next business day.

 

Removable Defects

If a defect can be removed, the buyer is entitled to have it removed free of charge, in a timely manner, and in due form, and the seller is obligated to remove the defect without unreasonable delay. Unless it would be disproportionate with regard to the nature of the defect, the buyer may request to have the item exchanged, or if the defect only affects a part of the item, to have the part exchanged. If such procedure is not possible, the buyer may request an appropriate discount from the price of the item or withdraw from the contract.

 

Item Exchange

Complaints filed regarding defects in goods that are in store on the day of the filing of the claim are handled by exchanging the goods. If the goods are not in store on the day of the filing of the claim, the consumer buyer may agree with the seller on an expected date of the delivery of the goods to the store. Upon acquiring the goods for the store, the seller prompts the consumer buyer to collect the product, or sends the goods to the consumer buyer and pays the shipping costs. If the goods from a certain manufacturer over which the complaint was filed are no longer in production or are unavailable for a long period of time, the seller may agree with the consumer buyer to exchange the goods for goods from a different manufacturer, provided they have identical or better parameters than the goods over which the complaint was filed, and fulfill the same function with the same or better parameters.

 

Defect that Cannot Be Removed

If it is a defect that cannot be removed and prevents the item from being used as one without a defect, the buyer is entitled to have the item exchanged or withdraw from the contract. The buyer has the same rights if the defect can be removed but the buyer cannot properly use the item because of repeated occurrences of the defect following repairs or a large number of defects. Repeated occurrences are understood to be 3 justified and accepted complaints of the same kind, or a fourth justified and accepted complaint of a different kind, or a justified and accepted complaint of 3 serious defects at the same time. In case of other defects that cannot be removed and if the buyer does not request item exchange, the buyer is entitled to an appropriate discount from the price of the item, or they can withdraw from the contract.

 

Claims, including defect removal, must be handled within 30 days, unless a longer period is agreed on with the consumer buyer. Upon successful completion of the complaint procedure, the consumer buyer is presented with the complaint protocol which must include a description of how the complaint was handled. If the complaint was satisfied by an exchange, the protocol includes the new serial number of the goods. Further complaints related to the exchanged goods shall be filed by the consumer buyer on the basis of this complaint protocol which serves as an addition to the certificate of warranty and the bill of delivery.

7. Return procedure – businessman buyer↑

1. If the delivery of the goods constitutes a major breach of the contract (a contract breach is major if the party breaching the contract knew, at the time of the conclusion of the contract, or it could be reasonably assumed with regard to the purpose of the contract that followed from its content or the circumstances under which the contract was concluded, that the other party would not be interested in fulfilling the stipulations with such breach of the contract; if in doubt, a breach is not considered major), the businessman buyer may:

 

  1. request the removal of defects by the exchange of defective goods for perfect goods, delivery of missing goods, and the removal of legal defects
  2. request the removal of defects by repairing the goods, if the defects are removable
  3. request an appropriate discount from the purchase price, or
  4. withdraw from the contract.

 

2. The choice from the options listed in paragraph 1 is only available to the businessman buyer if they notify the seller of it in a notice about defects sent in a timely manner, or without unreasonable delay after such notice. The businessman buyer cannot change the chosen option without the seller's consent. However, if it turns out that the defects of the goods cannot be removed or their repair would constitute unreasonable costs, the businessman buyer may request a delivery of replacement goods, provided they ask the seller for it without unreasonable delay after the seller notifies them of this fact. If the seller fails to remove the defects during an adequate period of time or if the seller announces that the defects will not be removed before the time limit expires, the businessman buyer may withdraw from the contract or request an appropriate discount from the purchase price.

 

3. If the buyer fails to announce their choice of a claim during the period stipulated in paragraph 2, they are entitled to claims for defects as in a case of a minor breach of contract.

 

4. Besides claims listed in paragraph 1, the buyer is entitled to a compensation for damages and a contractual fine, if one had been agreed on.

 

Minor Breach of Contract

  1. Removable defects, legal defects, larger number of defects that do not prevent the goods from being properly used, repeated defects, or other defects (wrong amount or color, missing documents, etc.) are considered a minor breach of contract.

  2. If there is a minor breach of contract because of defective goods, the businessman buyer may request either the delivery of the missing goods and the removal of other defects, or a discount from the purchase price.

  3. Until such time that the businessman buyer claims their discount from the purchase price or withdraws from the contract according to paragraph 6, the seller is obligated to deliver the missing goods and remove any legal defects. The seller is obligated to remove other defects either by repairing the goods or delivering replacement goods; the chosen method of defect removal must not cause the businessman buyer to incur unreasonable costs.

  4. If a businessman buyer requests the removal of defects in the goods, they cannot make any other claims regarding defective goods before the end of an additional adequate period that they must grant the seller for this purpose, with the exception of claims for a compensation of damages and a contractual fine, unless the seller notifies the businessman buyer of their inability to fulfill their obligations in time.

  5. Until such time that the businessman buyer sets the period described in the previous paragraph or makes a claim for a discount from the purchase price, the seller may notify the businessman buyer that the defects will be removed in a certain period of time. Unless the businessman buyer notifies the seller of their disapproval without unreasonable delay after the receipt of the said notice, the notice serves as a stipulation of the period according to the previous paragraph.

  6. If the seller fails to remove the defects by the end of the period consequent from paragraphs 4 or 5, the businessman buyer may make a claim for a discount from the purchase price or withdraw from the contract, provided they notify the seller of their intention to withdraw from the contract while stipulating the period according to paragraph 4 or at an adequate time prior to the withdrawal from the contract. The businessman seller may not change their chosen claim without the consent of the seller. Withdrawal from a contract is contingent upon the businessman buyer returning the goods undamaged, with no signs of wear or tear, in original packaging, and with all accessories, including accompanying certificates of warranty and manuals originally supplied with the goods.

  7. An adequate period for defect removal is 30 calendar days. A different period may be stipulated in justified cases; the seller then sets a period during which they will remove the defects. Unless the businessman buyer notifies the seller of their disapproval immediately (within 24 hours) after the stipulation of the period, it is assumed that they agree with the offered period. If the seller fails to remove the defects by the end of the period according to the previous paragraphs, the businessman buyer may make a claim for a discount from the purchase price or withdraw from the contract.

  8. A businessman buyer may not withdraw from a contract, if they failed to notify the seller of the defects without unreasonable delay.

  9. The effects of a withdrawal from a contract will not come into being, if the businessman buyer cannot return the goods in the same state they received it.

     

The provisions of paragraph 9 do not apply,

  1. if the inability to return the goods in the state stipulated by paragraph 9 is not caused by the actions or the negligence of the businessman buyer, or

  2. if the change in the state of the goods resulted from a properly performed check intended to find defects in the goods.


 

The provisions of paragraph 9 also do not apply, if the businessman buyer sold the goods or its part, or consumed the goods either wholly or in part, or changed the goods during its regular use, before the defects were discovered. In such case the businessman buyer is obligated to return the unsold or unconsumed goods or the changed goods and compensate the seller up to the amount corresponding to buyer's gain from the use of the goods. If the goods were sent to the businessman buyer using a forwarding agent, the businessman buyer is not entitled to compensation for shipping costs when filing a claim.

8. Claims Regarding Goods Damaged during Transport↑

A buyer has the right to refuse to accept damaged goods from a forwarding agent, or if the transport packaging is damaged to a significant degree that invites a reasonable belief that the goods inside are damaged (this also applies to cases where it is evident that the carton was subject to adverse weather conditions – rain, snow, etc.).

 

Should the buyer still wish to accept the goods, despite the damaged packaging, the buyer is obligated to draw up a protocol about the damage to the shipment with the forwarding agent. This protocol will serve as the basis for filing a claim against the forwarding agent, if the content of the package was damaged. If the buyer discovers physical damage to the goods, which could have been caused by the transport conditions, upon opening the package, it is necessary to notify the seller of this fact without unreasonable delay (a businessman buyer within 24 hours, a consumer buyer is advised to act in the same period of time), and the seller will inform the buyer of further procedure. If damaged goods were delivered, the buyer is entitled to a delivery of new goods, when available, based on warehouse stock of the seller or the seller's suppliers, as the obligation still exists. Or they can withdraw from the contract based on the reason that they are no longer interested in a belated delivery of the goods. The buyer is obligated to notify the seller of the chosen variant when notifying them of the delivery of damaged goods.

 

The seller uses the services of DPD (Direct Parcel Distribution) and TopTrans for domestic shipping, and TNT for international transport.

 

9. Storage Charges↑

If a buyer fails to pick up the goods following the completion of a claim within 30 days of being notified of the completed claim, they will be charged for storage in the amount of CZK 30 for every started day after the completion of the claim until the pick up by they buyer. A buyer will be notified of a completed claim by electronic mail. If a buyer fails to pick the goods until such time that the storage charges exceed the price of the goods over which the claim was filed, the goods will be used to compensate for the storage. This means that the buyer's and the seller's counterclaims will be calculated according to § 580 an. of the Civil Code.

10. Final Provisions↑

The seller shall not be liable for a loss of data on a device during the processing of a claim. Customers are advised to back up their data before returning a device because of a claim.

 

This Warranty Claim Policy has become valid and come into effect on the 22nd of June 2010, and replaced the Warranty Claim Policy from 1 January 2010. The seller reserves the right to change this Warranty Claim Policy. Older versions of the Warranty Claim Policy are available from the seller on request.

 

http://www.spotrebitele.info/audit/audit.php?id=0218

These terms and conditions were consulted with SOS – Sdružení obrany spotřebitelů, o. s. (Consumers Defence Association). This is evidenced by the unique logo confirming that a SAOP – Spotřebitelský audit obchodních podmínek (Consumer Audit of Terms and Conditions) has been performed by SOS – more about the audit can be found at http://www.spotrebitele.info/audit/audit.php (in Czech). Should there be anything unclear about these terms and conditions, you can contact SOS electronically at http://www.spotrebitele.info/poradna/vlozdotaz_saop.php or by phone on its Prague hotline 900 08 08 08 (CZK 8/min).

 

 

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