Company Complaint Procedure No. 01/2025
created in accordance with Act No. 40/1964 Coll. (Civil Code), Act No. 513/1991 Coll. (Commercial Code) and Act No. 634/1992 Coll., on Consumer Protection, as amended.
I.
OVERVIEW
1) This Complaint Procedure applies to goods/services ordered and purchased from Agartha Company s.r.o. (hereinafter referred to as the "Supplier") and duly claimed within the warranty period.
2) By (I) submitting an online order, (II) accepting the order confirmation, (III) accepting the supplier's counteroffer, (IV) confirming the supplier's offer, (V) accepting and paying (even partially) the invoice for the advance payment, (VI) accepting the delivered goods/services or (VII) accepting the invoice for the delivered goods/services, whichever occurs first, confirms that it has familiarized itself with the applicable terms and conditions of the supplier, as well as with this Complaint Procedure and that he agrees with them.
3) An invoice will be submitted to the Client at the same time or after the delivery of the goods or the provision of the service. The invoice is also considered a warranty certificate or a delivery note (handover document) if these are not attached to the goods/service.
II.
WARRANTY PERIOD
1) The warranty period for goods/services is twelve (24) months, except as specified in Art. VII. of this Complaint Procedure.
2) The warranty period for the delivered goods/services begins on the day of receipt of the goods/service, i.e. upon signing the handover document (handover certificate, delivery note), signing the delivery note by the client, receipt of the invoice, whichever occurs first.
3) After the settlement of a legitimate complaint, the warranty period is extended by the duration of the complaint. The duration of the complaint begins on the day following the receipt of the goods/service for the complaint and ends on the day the complaint is settled, not on the day of collection/takeback of the goods/services by the Client. In the event of an unjustified complaint, the warranty period is not extended. If the complaint about goods/services was settled within the statutory warranty period by replacing the goods/services with new ones, the warranty is renewed in full from the moment the customer takes delivery of the new goods/service.
III.
SCOPE OF WARRANTY
1) The warranty expires in the following cases:
(a) defects caused by improper operation, unprofessional or inappropriate handling, use and installation, which are contrary to the instructions for use or the usual method of use,
(b) wear and tear of the thing caused by its normal use,
(c) defects arising as a result of inaccuracy, incompleteness of data, documents and information provided by the Client to the Contractor,
(d) in the case of items supplied at a lower price (with a discount), the warranty does not apply to defects for which a lower price was agreed,
(e) damages resulting from:
• mechanical damage to the item,
• using the item in conditions that do not correspond to the parameters specified in the instructions for use (temperature, chemical and mechanical influences of the environment),
• unprofessional installation, handling, operation, or neglect of the care of the item,
• the item has been damaged by excessive loading or use contrary to the conditions specified in the instructions for use or the general principles,
• by carrying out an unqualified intervention or changing the structure,
• the thing has been modified by the client or other persons designated by the client,
• the thing was damaged by natural elements or force majeure,
(f) damage to the item during transport (these defects must be resolved with the carrier upon receipt),
(g) the warranty period has expired for the claimed goods/services.
2) The Contractor is not liable for defects of which the Client was expressly notified at the time of concluding the contract or when handing over the goods/services.
IV.
COMPLAINTS ABOUT OBVIOUS DEFECTS
1) The Client is obliged to arrange for an inspection of the goods/services immediately after their receipt and to notify the Supplier of any obvious defects (including quantity and quality) detected by such inspection within two working days from the date of receipt of the goods/service in electronic form to the Supplier's e-mail address obchod@daycomp.eu (the subject of the e-mail communication will be the designation "COMPLAINT " together with the tax document number) or send the complaint of goods or services in question to the address of the company's registered office and at the same time submit to it:
• claimed goods or services,
• description of obvious defects,
• purchase documents.
The contractor assesses the complained defect and, if the complaint is deemed justified, removes the defect.
2) If the customer fails to inspect the goods/services or does not arrange for them to be properly inspected at the time of their takeover, they may only make claims for defects ascertainable during such inspection if they prove that the goods/services were already defective in these defects at the time of the transfer of the risk of damage to the goods/service, i.e. at the time of their receipt. If the Client does not claim any defects found from the Contractor without undue delay, i.e. within two working days, the Contractor is released from liability for these defects.
3) If mechanical damage to the packaging of the goods/services is found on the goods/services that are transported to the Client, the Client is obliged to check the condition of the goods/service immediately upon delivery and, in the event of damage, to make a record of the damage in the presence of the carrier. The carrier is responsible for damage during transport. By signing the delivery note by the customer, the customer agrees to take over the goods/services and you confirm that they arrived undamaged due to transport.
In.
PROCEDURE FOR CLAIMING HIDDEN DEFECTS
1) In the event of a complaint about goods/services that have a hidden defect during the warranty period, the Client is obliged to submit:
(a) the claimed goods/service (including all accessories and all documentation), or to enable the inspection of the goods/service,
(b) A copy of purchase documents (invoice proving the conclusion of a purchase contract or contract for work regarding the claimed goods/services, warranty certificate, delivery note, handover certificate, delivery note, delivery note, delivery note). If the goods/services have been claimed in the past, the customer must also submit proof of this past complaint,
(c) A cover letter in which the Client provides a detailed and as concise description of the alleged defects and their manifestations as possible and specification of the claims that the Client asserts against the Contractor, as well as the Client's contact details (address, e-mail, telephone number).
The Client is obliged to submit a cover letter containing the specification of the complaint to the Supplier immediately upon filing the complaint, no later than before handing over the claimed goods/services to the Supplier.
2) In the event of a complaint, the Client is obliged to pack the goods/service in suitable packaging material that meets the requirements of the transport of the goods/service, preferably in the original packaging, due to the risk of possible damage to the goods/service. The supplier is not obliged to accept the goods/service for a complaint if the customer does not hand it over with the required parts and accessories.
3) When sending the goods/services back using a transport service, this shipment is carried out at the expense and risk of the customer. The goods/service must be sent to the address of the supplier's registered office and the parcel in which the goods/service is packed must be visibly marked with the inscription "COMPLAINT" and must contain the claimed goods/service together with documents and a letter according to par. 1) of this article.
Goods that are sent at the supplier's expense will not be accepted by the supplier. The return delivery of the goods after the settlement of a legitimate complaint is paid by the supplier. If the complaint is judged to be unjustified, the goods will be sent back to the customer's address at the customer's expense and risk.
4) The complaint must be filed by the customer with the supplier (and delivered) within the warranty period.
VI.
HANDLING A COMPLAINT
1) The Contractor undertakes to settle the complaint within a reasonable period specified by the Contractor, or agreed with the Client, with the exception specified in Article VII of this Complaint Procedure. After examining the submitted documents and a cursory inspection of the claimed goods/services, the supplier will either return these goods/services to the client, stating that he does not accept the claimed defect or accept the complaint and:
(a) if the defect is remediable (the appearance, function and quality of the goods/services will not be affected by the removal of the defect):
• removes the defect, or
• exchange the claimed goods/service or its part for goods/services with the same or similar utility properties from the same or a different manufacturer, unless this is disproportionate with regard to the nature of the thing;
(b) in the case of an irreparable defect (a defect that prevents the use of goods/services):
• offers the customer a discount on the price of goods/services, or
• offers the client the option of withdrawing from the purchase contract or contract for work.
The decision as to whether a defect is remediable or irreparable is solely the responsibility of the supplier and the supplier's contractual service partners.
The contractor will issue a written document to the client about the receipt of the claimed item for the complaint procedure, the accuracy of which will be confirmed by both parties to the contract with their signatures.
2) The Contractor shall notify the Client of the possibility of accepting the claimed item from the complaint procedure (both in the case of a positive complaint and in the case of rejection of the complaint as unjustified) in a pre-agreed manner (in writing or by one of the remote means of communication – usually by telephone or e-mail). If the Client does not pick up the claimed item after being notified by the Supplier within 3 working days, the Supplier is entitled to send the goods/service back to the Client at the Client's expense.
3) In the event of an unjustified complaint, the Contractor has the right to charge the Client an amount corresponding to the efficiently incurred costs of the complaint procedure, including transport costs.
4) If there is a hidden defect in the goods/services supplied at a lower price (with a discount) that prevents them from being used for the given purpose from a functional point of view, the Client has the right to complain about the goods/service in accordance with the previous provisions of this article. If there is another irreparable defect in the goods/services supplied at a lower price, but which does not prevent them from being used for the given purpose, the Client is entitled to a reasonable discount on the price of the goods/service.
VII.
Different provisions for consumers
1) Definition of consumer
A consumer is considered to be a person who, when concluding and performing a contract, does not act in the course of his business or other business activities.
2) Warranty period
The warranty period for new goods/services is 24 months and for selected goods/services it may be extended by the supplier beyond this statutory period.
3) Complaint settlement
a) The supplier undertakes to decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of goods/service needed for an expert assessment of the defect.
b) The Contractor undertakes to settle the complaint, including the removal of the defect, within 30 days from the date of filing the complaint, or within the period agreed between the Contractor and the Client. After this period, the client has the same rights as if it were a defect that cannot be removed.
c) The Client has the same rights as in the case of irreparable defects even if the same repairable defect appears on the goods/service after the previous two repairs, or if there are at least three repairable defects on the goods/service at the same time.
4) Returns
For goods purchased through the online store, the customer is entitled to return them to the supplier without giving a reason, within 14 days of delivery of the goods. The goods must not be damaged or otherwise deteriorated in any way and must not show any signs of use. The goods must be packed in their original packaging, the packaging must contain all accessories and documentation and must be sent no later than 14 days from the date of delivery to the customer to the address of the supplier's registered office: Agartha Company s.r.o., Libušina 496/3, Moravská Ostrava and Přívoz 702 00. Postage is paid by the customer. After the goods packed in this way are delivered back to the supplier, the amount corresponding to the full purchase price paid for the goods will be sent to the client's bank account or by postal order, or in another way agreed between the supplier and the client.
VIII.
Final provisions
1) These Complaint Handling Procedure are valid and effective from the date of their publication and fully replace the previous wording.
2) If one or more parts of this Complaints Policy become invalid for any reason, the remaining parts shall not be affected.
3) The supplier reserves the right to make changes to this Complaint Procedure. It shall always do so in writing and shall publish the changes in the usual manner.
4) The contractor and the client may agree in writing on deviations from the terms of this Complaint Procedure in the purchase contract or contract for work.
This Complaint Procedure comes into effect on 01.02.2025