I. General provisions
The following claims code constitutes an integral part of the General Business Terms and Conditions of the seller – Romarc Trading, Co. Reg. No. 03201562, with its registered office at Lidicka 700/19, CZ-602 00 Brno, registered in the Commercial Register with the Municipal Court in Brno(“Seller” or “Romarc Trading”) – and describes the process of claiming the warranty arranged to the goods purchased from Romarc Trading.
The purchaser must get familiarised with the Claims Code and the General Business Terms and Conditions before ordering the goods. Simultaneously, the purchaser acknowledges that the purchaser must provide Romarc Trading with all assistance and co-operation necessary to handle the claims; otherwise, the period for handling the claims gets extended for the time of purchaser’s failure to provide the required assistance and co-operation. The purchaser agrees to this Claims Code by entering into the purchase agreement and receiving the goods from the Seller.
The definition of terms contained herein supersedes the definition of terms contained in the General Business Terms and Conditions. If the respective term is not defined in the Claims Code, the term in question is interpreted and construed as defined in the General Business Terms and Conditions. If the term in question is not defined in the General Business Terms and Conditions, it is interpreted and construed as defined by law.
Any maintenance claimed within the purchased or agreed services is exclusively governed by the terms and conditions for the services in question.
II. Quality Warranty
The warranty can be claimed against a purchase document (invoice) issued by Romarc Trading in respect of the goods purchased. This document (invoice) includes all essentials stipulated by law required to claim the warranty (namely the name of the goods, period of warranty, price, quantity and serial number).
If so explicitly requested by the purchaser, Romarc Trading issues a certificate of warranty. In general, however, if the nature of the case so permits, a purchase document including the essentials stated above is issued by the Seller to the purchaser in place of the certificate of warranty.
If the provided warranty so requires, Romarc Trading describes in the certificate of warranty the contents, scope, terms and conditions, period and process of claiming the arranged warranty. In the certificate of warranty, Romarc Trading further states that the purchaser’s rights pertaining to the purchase of the goods in question are not affected if the warranty is claimed.
The period for exercising the rights to claim the warranty commences on the day the purchaser accepts the good, that is, on the day stated in the purchase document or certificate of warranty.
The period lasts 24 months.
The warranty of consumables (cosmetics, drugstore items, etc.) can be claimed within twenty-four (24) months. If, however, a best before date is indicated on every piece of the goods in question, the period for claiming the warranty is shortened and terminates on the date indicated on the goods.
Purchasers-entrepreneurs may be subject to a different period for claiming the warranty; however, only if such a different period is explicitly stated on the goods in question. Such goods are then labelled as follows.
The period for claiming the warranty terminates on the day corresponding to the day on which the period has commenced plus the respective number of months thereafter.
The period for claiming the warranty in terms of months is stipulated with reference to every piece of goods purchased at a Seller’s shop and is sufficiently indicated on the purchase document.
If not claimed within the stated period, the respective product liability rights terminate. If, as part of the handled claim, the defective goods are replaced, no new period of guarantee commences. The relevant period for claiming the warranty commences at all times on the day the purchaser receives the original goods.
2. Quality upon Receipt
The Seller is liable to the purchaser that the goods are free from defects upon receipt. In particular, the Seller is liable to the purchaser that, at the moment the goods are received by the purchaser:
- The goods have the characteristics agreed by the parties or (if no agreement is reached) the characteristics described by the Seller or the manufacturer or expected by the purchaser with reference to the nature of the goods and related advertisement.
- The goods can be used for the purposes stated by the Seller or for the purposes for which the goods of that kind are usually used.
- The goods are provided in the corresponding quantity, measurement or weight.
- The goods comply with the requirements stipulated by law.
If the goods become defective within six month after receipt, the goods are deemed being defective already upon receipt by the purchaser, unless proved by the Seller otherwise.
3. Contractual Warranty
In addition to the statutory period of warranty (24 months), Romarc Trading may provide free maintenance for a period so arranged. Such arranged maintenance is governed exclusively by this Claims Code, namely by Part VII (Free Maintenance).
III. Warranty Terms and Conditions
1. Quality Inspection
When receiving the goods from the shipping company, the purchaser is to properly and thoroughly inspect the delivery (namely the number of packages, undamaged sealing tape bearing the company logo and undamaged packaging) as per the delivery note.
On the day of receiving the goods, the purchaser is to further inspect the goods for completeness; in particular, if all parts have been delivered.
Any incongruities are to be reported to the Seller upon receipt of the goods from the shipping company and stated in the record of delivery whereby the purchaser may refuse to accept the delivery. Any incongruities may as well be reported to the email address firstname.lastname@example.org or email@example.com. In addition, Romarc Trading recommends attaching any photos documenting the defects and damaged packaging.
The statutory period for claiming the warranty is not affected thereby. Any subsequent claims of incomplete delivery or damaged packaging do not limit the purchaser’s right to claim the warranty; yet, they enable Romarc Trading to prove that the same do not represent a conflict with the purchase agreement.
2. Warranty Claims
When claiming the warranty, the purchaser is to deliver the goods in question, incl. major appliances, to the following address of the Seller:
Romarc Trading s.r.o.
The delivery is to include: the goods claimed (including all parts and accessories); in addition, Romarc Trading recommends enclosing the purchase document or another proof that the warranty can be claimed, detailed description of the defects and sufficient contact details of the purchaser (namely the sending address and telephone number) so that the origin and defects of the goods can be identified.
Romarc Trading further recommends selecting the mode of handling the claim (repair, replacement or refund).
The purchaser receives a written document issued by Romarc Trading with information as to the date of the claim, scope of claim and selected solution whereby this document is sent by email once the claimed goods are delivered; if the warranty is claimed in person, the document is handed over instantly.
The purchaser acknowledges that if the claimed goods are not submitted to the Seller along with all parts and accessories received originally with the claimed goods, the purchaser – if withdrawing from the agreement – will be refunded the purchase price less the price of the parts and accessories not submitted.
Compatibility of the purchased parts with other parts not approved by Romarc Trading, manufacturer or goods provider is not guaranteed.,4. in the price list of the authorised service centre in question.
4. Rejected Goods
A. Dirty Goods
Romarc Trading has a right to refuse to accept the claimed goods if the goods in question and/or the parts thereof are dirty or do not comply with the basic sanitary and security requirements for claiming the guarantee. Fuel tanks must be submitted empty.
If the goods are protected by a traditional or gesture password or otherwise, the purchaser must cancel this protection when claiming the warranty or disclose the password in the description of the defect claimed; otherwise, Romarc Trading has a right to refuse to accept the claimed goods.
IV. Handled Claims
1. Purchaser – Consumer
The consumer is a private individual acting in a private capacity. Claims of purchasers-consumers are decided by the Seller immediately or, if the complex nature of the claim so requires, within a maximum of three business days (excluding the time reasonably necessary to professionally assess the defect with respect to the type of the claimed goods or services).
The claims are handled and the defects are removed by Romarc Trading without undue delay; however, within a maximum of 30 days after the warranty has been claimed. Once the warranty is claimed, the period of 30 days can be extended as per the agreement with the consumer; however, only for a period other than indefinite or unreasonably long. After the period (extended period) expires, the claimed defect is deemed to have indeed existed and the consumer has the same rights as if the defect in question was ascertained to be other than capable of being removed.
2. Purchaser – Entrepreneur
Claims of purchasers-entrepreneurs are decided by the Seller within a maximum of 40 days after the warranty has been claimed whereby the purchaser-entrepreneur learns about the decision from an email letter sent to the contact email address.
V. Common Provisions
The purchaser receives a written document issued by Romarc Trading with information as to the date of the claim, result, repair (if any), duration and reasons (if any) for rejecting the claim.
After the claim is handled, the purchaser is informed by Romarc Trading thereabout by telephone, text message or email letter. Goods shipped by a shipping company are automatically shipped backed to the purchaser’s address once the claim is completely handled.
If the claim is accepted as legitimate and the goods are repaired or replaced, the period of warranty is extended for the period of handling the claim with this period commencing one day after the day the warranty has been claimed and terminating on the day the purchaser has been informed about the result.
If the claim is accepted as legitimate, the purchaser is entitled to claim reimbursement of costs reasonably incurred in claiming the warranty; in particular, the purchaser is entitled to the reimbursement of postage. The costs claimed need not necessarily include costs incurred in travelling by car to claim the warranty, express shipping, etc. The reimbursement of costs must be claimed without undue delay; however, within a maximum of one month before the period for claiming the warranty expires.
VI. Consumables and Minimum Lifetime
Purchased consumables , whether alone or constituting a component of the purchased goods, are subject to a lifetime warranty rather than a warranty guarantee. The lifetime can be expressed in terms of time, best before date, number of use, number of printed pages, etc. whereby several lifetimes can apply concurrently. The lifetime warranty cannot be claimed unless all of the stipulated terms and conditions are met.
The purchaser’s right to claim the warranty in the warranty period is not affected thereby. In claiming the warranty, however, the purchaser must take the above into account as the warranty does not apply to the ordinary wear and tear caused by common use of the goods and as such cannot be confused with the lifetime of the goods in question. Lifetime represents the tendency of the goods in question to become worn and torn if used in a usual way. If the goods are used (i.e. not owned) for a period exceeding the usual lifetime of the goods in question, the defect is likely to be caused by ordinary wear and tear; however, without prejudice to the guarantee defect.
If not marked on the goods offered by Romarc Trading, the lifetime warranty cannot be referred to.
VII. Free Maintenance
Goods with a warranty period exceeding 24 months are subject to free maintenance provided after the lapse of 24 months.
Goods with defects appearing after the lapse of 24 months are accepted by the Seller and:
- repaired; or
- replaced with the same or similar product with better parameters; or
- refunded if none of the above is feasible.
The Seller undertakes to repair / replace the goods or refund the purchaser within a maximum of 35 days after the goods have been accepted by the Seller; otherwise, the purchaser is entitled to withdraw from the purchase agreement.
Rights to claim the warranty provided by the manufacturer are not affected thereby.
VII. Final Provisions
The statutory rights of the purchaser are not affected hereby.
This Claims Code comes into effect on 01 August 2016.
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