Complaint conditions Diamond Hands s.r.o
This Complaints Policy is valid from 01.01.2023 and is available at the seller's headquarters or as a document at Diamond Hands s.r.o.
The complaint procedure describes the normal business cooperation between the buyer and the company Diamond Hands s.r.o. with headquarters in Uherova 2910/15 058 01 Poprad, ID: 55027521 (hereinafter referred to as the seller) and the return and complaints branch LUCULLUS s.r.o. , SNP 264/3, 059 21 Svit .
The buyer is obliged to familiarize himself with the complaint procedure and the General Terms and Conditions before ordering the goods. By accepting the goods from the seller, they agree to the complaint procedure below. In the event that the goods are not taken over personally, the moment of handing them over to the first carrier is understood as taking over the goods.
As proof of warranty (warranty certificate), the Seller issues a purchase document (invoice - hereinafter only warranty certificate) with all the necessary data for applying the warranty (product name, warranty length, price, quantity, product code...) for each purchased product. .
LENGTH OF WARRANTY
The warranty period begins on the day of receipt of the goods by the buyer. The statutory warranty period is generally 24 months. The seller can extend this statutory period. The length of the warranty period is always indicated on the warranty certificate (in the warranty column).
The warranty period consists of the statutory period (24 months) and possibly an extended period. Within the statutory warranty period, complaints are governed by the Civil Code No. 40/1964 Coll. § 619-627 taking into account this complaint procedure. In the case of an extended period, complaints are governed exclusively by these regulations.
An exception may be goods sold at a discount (damaged, used, incomplete goods, etc.). If the buyer is a consumer and if the items are used, the seller is not responsible for defects corresponding to the degree of use or wear and tear the goods had when the buyer took them over. Rights from liability for product defects shall expire if they have not been exercised within 24 months from the date of receipt of the goods by the buyer. The seller can shorten this period by agreement with the buyer, but not to less than 12 months. This time will be indicated by the seller in the document on the sale of the goods. For goods sold at a lower price due to an error or incompleteness, the warranty does not apply to errors due to which the lower price was agreed upon.
For selected products, the manufacturer's warranty for non-consumer buyers is limited. The legal rights of the end customer (consumer) are not affected in any way, the guarantee applies to them according to the law.
The buyer is obliged to check the condition of the shipment with the carrier immediately upon delivery (number of packages, integrity of the tape with the company logo, damage to the box) according to the attached waybill. The buyer is entitled to refuse to accept a shipment that is not in accordance with the purchase contract by the fact that the shipment is e.g. incomplete or damaged. If the Buyer takes over the damaged shipment from the carrier, it is necessary to describe the damage in the carrier's acceptance protocol.
An incomplete or damaged shipment must be reported immediately by e-mail to the address: firstname.lastname@example.org , write a damage report with the carrier and send it to the seller by e-mail or post without undue delay. Additional complaints of incompleteness or external damage to the shipment give the seller the opportunity to demonstrate that this is not a violation of the purchase contract.
The warranty does not apply to defects caused by inappropriate handling, insufficient or inappropriate care, as a result of natural changes in the materials from which the goods are made, as a result of any damage by the user or a third party, or other improper intervention.
PROCEDURE FOR HANDLING THE CLAIM
If the buyer is a consumer without an ID number:
If it is a defect that can be removed, the goods will be repaired. If repair is not possible and the nature of the defect does not prevent normal use, the seller and the buyer can agree on a reasonable discount on the price of the goods. In the case of a discount, it is not possible to complain about this defect later. In case of impossibility of settlement of the claim with any of the mentioned options, a credit note will be issued to the buyer.
If it is a defect that cannot be removed and which prevents the item from being properly used as a non-defect item, the seller will offer the buyer an exchange of the defective item for an item with the same or similar utility properties or issue a credit note.
If the buyer is an entity with an ID number:
If it is a defect that can be removed, the goods will be repaired. If repair is not possible and the nature of the defect does not prevent normal use, the seller and the buyer can agree on a reasonable discount on the price of the goods. In the case of a discount, it is not possible to complain about this defect later.
If it is a defect that cannot be removed and which prevents the item from being properly used as a defect-free item, the seller is entitled to exchange the defective goods for goods with the same or similar useful properties or issue a credit note.
The seller handles product complaints without undue delay, but no later than 30 days from the day following the buyer's claim. This deadline is not binding on the buyer, who used the ID number during the purchase and thus his relationship with the seller is governed by the Commercial Code.
After processing a valid claim, the warranty period is extended by the duration of the claim. In the event of an unauthorized complaint, the warranty period is not extended. If the complaint was settled with an exchange, the next possible complaint is considered the first complaint of the goods. (The duration of the claim is calculated from the day following receipt to the day the claim is processed. However, not until it is picked up by the buyer. The customer is informed about the equipment by e-mail, which he specified during the purchase.)
After processing the complaint, the seller will notify the buyer of the termination of the complaint either by phone or by e-mail. If the goods were sent by a transport service, they will be automatically sent to the buyer's address after fitting. If, for technical reasons, the e-mail is not received by the buyer within the statutory one-month period, the buyer has the option to automatically appear at the claims department, where the claim will be dealt with after submitting the original claim receipt.
In the event that the claimed goods are not picked up within 60 days from the date of filing the claim, the seller, according to § 656 of the Civil Code, is entitled to charge the amount for storage when the claim is removed from storage. This amount is set at EUR 0.50/day for goods up to 5 kg.
For the company Diamond Hands s.r.o
Prepared in accordance with the Civil Code. no. 108/2000 Coll. , commercial law and the relevant amendments to Coll