Part of the Warranty Claim Policy and Terms&Conditions is also user manual of particular goods.
Warranty Claim Policy describes usual business cooperation between the buyer and the seller. The seller is the company Dataflex Security, Ltd. The buyer can be entrepreneur or consumer where both are obliged to read Warranty Claim Policy as well as Terms&Conditions before making an order. The buyer agrees with Warranty Claim Policy by concluding a purchase contract and by reception of the goods from the seller.
The moment of reception is the moment of handing over the goods to the first shipping company when the buyer is the entrepreneur, when the buyer is consumer, the moment of reception is the moment of acceptance the goods from a shipping company.
The invoice (with all necessary details in accordance with valid legislation) serves also as a warranty card.
Dataflex Security Ltd. guarantees that the goods are able to work for a period of time or that they will keep usual properties when used properly. This guarantee is given also by a warranty period or expiry date of the goods as stated on the package or in advertisement. A warranty can be given only on a particular component of the goods.
Rights of the buyer for warranty are not touched if a defect of the goods was caused by the usage of the goods. This does not apply if the seller proves that he warned the buyer about unsuitability of the goods and the buyer insisted on usage of the goods or if the seller proves that despite his customer care, he could not inform the buyer about the unsuitability of the goods (section 2102 by Act 89/2012 Coll.).
The buyer loses his warranty claim if a defect of the goods could be found when paying usual attention to the goods. This does not apply if the seller explicitly assured the buyer that the goods are without defects or if the seller concealed the defect (section 2013 by Act 89/2012 Coll.).
The buyer inspects goods as soon as possible after the transition of the danger and checks its properties and quantity.
Dataflex Security Ltd. assures the buyer that the goods are without defect. Dataflex Security, Ltd. assures that especially in the moment of the buyer receptions the goods:
a) have properties both parties agreed on; if there was no such agreement, the goods have properties the seller described or properties the buyer expects them to have regarding the nature of the goods or advertisement of the goods
b) are suitable for purpose the seller describes or for purpose the goods are usually used for
c) are in appropriate quantity, scale or weight
d) are in accordance with legislation
a) demand delivery of the new goods without defects or delivery of a missing part of the goods if it is adequate to the nature of a defect. If a defect affects only a part of the goods, the buyer can demand only replacement of this part; if it is not possible due to the nature of the goods, he can withdraw from contract. But if the nature of a defect allows replacement, especially if it is easy and quick replacement, the buyer has the right for free replacement
b) demand removal of a defect by repair
c) demand adequate discount from purchase price
d) withdraw from contract
The buyer informs Dataflex Security, Ltd. which of the above mentioned possibilities he has chosen (when reporting a defect or without unnecessary delay after reporting a defect). The buyer cannot change his choice without consent of Dataflex Security, Ltd.; this does not apply if the buyer requested repair, but the repair proves to be irreparable. If Dataflex Security, Ltd. does not repair defect in adequate period of time or if does not inform the buyer that will not repair defects, the buyer can demand discount or withdraw from contract instead of repair. If the buyer does not make his choice duly, he has right as in case of unsubstantial breach of the contract. The consumer can demand adequate discount also if the seller cannot supply new goods without defects, replace or repair defective parts or if the seller is unable to rectify the defect in adequate period of time or if the rectification would be breach of the contract - see below.
The buyer has a right to demand repair of a defect or to demand discount.
Until the buyer enforces his right for discount or withdrawing from contract, Dataflex Security, Ltd. can deliver missing goods or eliminate legal flaws. Other flaws can be eliminated depending on the choice of Dataflex Security, Ltd. by repair or by delivering new goods.
If Dataflex Security, Ltd. does not repair defects in given period of time or if refuses to repair the defect, the buyer can demand discount or can withdraw from the contract. The choice made by the buyer cannot be changed without consent of Dataflex Security, Ltd.
The buyer has a right for delivery of the new goods or part of the goods even in the case of removable defect if he cannot use the goods properly because of the recurrence of the defect after repair or because of higher number of defects. In such a case, the buyer has also the right to withdraw from contract.
When new goods are delivered, the buyer returns initially delivered goods to Dataflex Security, Ltd. on the expenses of the seller.
If the buyer does not inform the seller about defect without unnecessary delay (after he could have reasonably inspect the goods), the court will deny his right arising from defective performance. This apply also for the case of a latent defect if the defect was not reported without unnecessary delay after the buyer could have reasonably inspect the goods, but within two years after purchase at latest.
The warranty is lost if a defect of the goods was caused by an external event after the transition of danger to the buyer.
The buyer loses rights arising from defective performance if he knew about the defect before purchase or if the defect is fault of the buyer.
The seller guarantees that the goods are able to work for a period of time or that they will keep usual properties when used properly. This guarantee is given also by a warranty period or expiry date of the goods as stated on the package or in advertisement. A warranty can be given only on a particular component of the goods.
The consumer can enforce his rights arising from defective performance within period of 24 months from the purchase of the new consumer goods. The entrepreneur can enforce his right arising from defective performance within period of 12 months from the purchase. If it is case of used goods, the period for enforcing rights is shortened to 12 months, the seller indicates this shortening in confirmation on duties arising from defective performance or in invoice (e.g. by note "used," "like new" or "second hand"). After the end of this period, the right from defective performance cannot be enforced. The seller may lengthen this period.
The warranty begins in the moment of handing over the goods to the buyer, if the goods were send, the warranty begins in the moment of delivering the goods to the destination.
If the buyer is consumer (as defined in Terms&Conditions), the warranty is governed by Act 89/2012 Coll. (the Civil Code) and by Act 634/1992 Coll. (Consumer Protection), both valid and taking into account this Warranty Claim Policy. When the warranty period is lengthened, it is governed exclusively by this Warranty Claim Policy.
* Exception can be made for goods sold with discount (damaged, used, incomplete etc.). If the buyer is consumer and the goods are used, the seller is not responsible for defects caused by the usage of the goods or by wear and tear the goods had in the moment of purchase. The warranty claims terminate after 24 months from purchase, if not enforced within this period. The seller can shorten this period by mutual agreement with the buyer, but no less than to 12 months period. This period is stated in invoice. If the goods are sold as defective or incomplete, the warranty does not involve defects which were the reason for the discount.
** On selected goods, if the buyer is not consumer, the warranty is limited by the manufacturer. The rights of the end user (consumer) are not affected.
I. The buyer, who is not consumer, is obliged to (and the buyer, who is consumer, is advised to) immediately inspect the goods with shipper (number of packages, intactness of tape with company logo, damage of the package) if they are as described in waybill. The buyer has a right to refuse to accept the delivery which is not as described in the purchase contract (e.g. damaged or incomplete). If the buyer accepts such a delivery, the damage has to be described in the handover protocol.
II. If the delivery is incomplete or damaged, the seller has to be informed about it as soon as possible on address info&dfscz.cz, the buyer has to draw up the damage protocol and this protocol send via fax, email or post to the seller as soon as possible. The buyer does not lose his warranty claims in case of later complaints on incomplete or damaged delivery, but gives the seller opportunity to prove that the damage is not in conflict with the purchase contract.
III. The warranty claims can be enforced at address Dataflex Security, Ltd. - Complaints Department, Na poříčí 1060/39, 110 01 Praha 1, or, if the buyer is consumer, he can enforce his warranty claims in seller's branch offices (but for faster execution we advise the address above). If there is authorized service of the manufacturer in Czech Republic, we recommend to enforce warranty in this service (see the list of services on www.dfscz.cz) or at the place of the seller.
IV. If the buyer is entrepreneur, he can enforce warranty only in authorized service. In this case, the complaints are governed by conditions of the authorized service.
V. The buyer can send defective goods via cheapest shipping company on the address of the seller. These goods should be properly packed to prevent damage during transport and the package should be clearly marked as "Warranty Claim." The package should contain defective goods (including all accessories), detailed description of the defect, contact details of the buyer (address, phone number) and we also advise to enclose a copy of the invoice. Without these the seller cannot identify where the package comes from and what the defect is. This procedure is advised also to the consumer, if he does not prove above mentioned facts otherwise.
VI. The buyer's warranty claims are proven as justified by showing an invoice, if the goods were already repaired in warranty period, then they are proven by certificate of repair. In the acquisition document (invoice or repair certificate) has to be same serial number as on the claimed goods (if the goods have such number). This procedure is advised also to the consumer, if he does not prove above mentioned facts otherwise.
VII. The seller does not guarantee full compatibility of the goods with other, by the seller unapproved components or software where its compatibility was not explicitly requested in written order.
VIII. The warranty does not apply on defects caused by the usage of unsuitable or defective software components, unsuitable consumables. The warranty does not apply on defects caused by inappropriate, unprofessional or inadequate handling, assembly or installation which is in conflict with user manual or guide or on defects caused by overvoltage.
IX. The seller does not guarantee full functionality of the application software in versions which are not designed for ordered operating system. The seller is not responsible for any eventual problem caused by this incompatibility.
X. By damaging the warranty seal, label or serial number, the buyer expose himself to the danger of declining the eventual warranty claim. Seals and serial numbers are inseparable part of the product and do not restrain rights of the buyer to use and handle the goods in the way they were designed to be handled.
XI. The warranty does not apply to:
a) mechanical damage
b) overvoltage (obviously burned components or PBC - printed board circuit)
c) usage of the goods in conditions, temperatures, dustiness, humidity, chemical and mechanical conditions which are in contrast with conditions recommended by manufacturer
d) unprofessional installation, handling, operation or neglecting the maintenance
e) damages caused by PC virus
f) if error appears only in software where the buyer cannot prove legal acquisition of it or if the unauthorized software or consumables are used
g) if the error appears in software which originally was not part of the goods or in original software which was changed by the buyer after purchase
h) damage of the goods caused by excessive workload or caused by usage in conflict with conditions and general provisions
i) unprofessional repair or altering the parameters
j) damage caused by the buyer's adjustment (bending, painting etc.)
k) faulty firmware upgrade
l) damages caused by natural disasters or force majeure
XII. In a case the goods are software, the warranty applies solely on physical legibility of the medium (medium cannot be scratched). In the moment of removing protective means (foil, seals, opening the envelope etc.) the buyer becomes legitimate user of the software product and accepts license agreement of the software's manufacturer.
XIII. If the technician finds out that the cause of the errors is not the claimed goods (e.g. computer) but unprofessional installation of software (OS, anti-virus software etc.), if the data were damaged because of the error of application software (games, virus etc.) or if the buyer damaged the data, the warranty claim will be declined.
XIV. In a case the customer agrees with paid repair, the cost will be determined on the basis of up-to-date price list and offered price
XV. The claimed goods will be tested only for defect the buyer described (described in enclosed letter). We advise written description of the defect.
XVI. If a memory storage device is claimed, we advise to back up data on it and prevent possible abuse or damage. The seller is not responsible for eventual loss, damage or abuse of this data.
XVII Memory storage devices are devices which arbitrary malfunction is usual phenomenon. The seller informs the buyer about this fact and recommends regular back up of the data on suitable devices (CD, USB flash discs, SD cards, hard discs, SSD disc etc.). But the warranty claim remains untouched by this fact.
XVIII. The seller has the right to refuse acceptation of the goods in cases where claimed goods are dirty or unhygienic and therefore potentially dangerous.
XIX. Factory reset or uploading of the new firmware is not considered as defect and therefore cannot be claimed. For any defects of this software is responsible the author of this software whose responsibility is described in license agreement of each software. The license agreements usually contain arrangements that the software is provided as it is and that the author is not usually responsible for its imperfect running. Freeware, which is preinstalled in sold devices, is not sold and lacks any customer support. The service and support has to be ordered and paid.
XX. LCD display
Norm ISO No.12406-2 - Because each LCD display contains at least millions subpixels or transistors, it is impossible to prevent loss of pixels. Only LCD displays with 10 defective pixels at maximum can go into the sale. The ISO norm divides defective pixels into classes.
They are divided into 4 classes, 3 types of defective pixels and 2 frequency criteria.
The defective pixels can be radiant, black or flickering (the loss of subpixels).
Frequency criteria distinguish:
a) number of white or black pixels in particular location (cluster)
b) the loss of subpixels or radiant pixels in particular cluster
The 4 classes determine maximum number of defects at each type of defective pixels. LCD display by ADI, SONY, EIZO and most of other LCD displays on our market belong to the second class. It means that if the number of defective pixels is lower than 10 (2xType1, 2xType2 and 5xType3 = 2 black pixels+2white pixels+5 colour pixels = 9 defective pixels), the buyer cannot enforce warranty claims or exchange of the LCD display. If the number is higher than 10 pixels, the buyer should contact authorized service of his LCD or the seller.
4.1 If the buyer will enforce warranty claim on defect described in paragraph 3, sections VII -XIII and the defect will be, according to these section, obvious, the buyer knows about the defect as described in paragraph 3, section VII-XIII and still enforce his warranty claims and wants to return goods to the seller, the buyer exposes himself to the danger of declining the warranty claim.
4.2 The seller has right to demand payment of the costs for groundless warranty claim as described in 4.1. The seller has right to demand payment from the consumer for inspection of the claimed goods, i.e. material and work. The entrepreneur will pay fixed price 500 CZK (excluding 21 % VAT) for groundless warranty claim.
If the buyer is the consumer:
In case that the goods are in the moment of reception in conflict with purchase contract, the consumer has a right to demand free repair or exchange of the goods as soon as possible. If it is not possible, the consumer has a right to demand adequate discount from the purchase price or to withdraw from contract. This does not apply if the consumer knew about the conflict before reception of the goods or he caused the conflict. The conflict with the purchase contract which appears within six months from reception of the goods is considered as conflict existing already in the moment of reception of the goods if it is not against the nature of the goods or is proven otherwise.
By agreement with a purchase contract is understood that the sold goods have properties required by the contract and such as described by the seller, manufacturer or his representative and as advertised, or such properties which are typical for the particular type of goods and that the goods are in accordance with legal requirements, are delivered in adequate quantity, scale or weight and is suitable for the usage the seller describes or usage typically expected from that type of goods.
The consumer has, depending on the type of a defect, these rights:
1) if a defect can be repaired, he has the right for free repair as soon as possible, or exchange of the goods or defective component, if possible. If the goods cannot be repaired or exchanged, he has the right for adequate discount or he can withdraw from the contract.
2) if a defect cannot be repaired and it prevents the consumer from proper usage, the consumer has a right for exchange of the goods or to withdraw from the contract. The consumer has same rights in the case that the defects can be repaired, but they are repetitive or the number of defects is higher and prevents the consumer from proper usage of the goods. As repetitive defect is considered defect that has been repaired at least twice during warranty period and appears again. By the higher number of defects are meant at least three concurrent defects preventing the proper usage of the goods.
3) other defects that cannot be repaired and the consumer does not demand exchange of the goods - the consumer has a right to demand adequate discount or can withdraw from the contract. In case he chooses discount, warranty claims cannot be enforced on defect because of which the goods were discounted.
If the buyer is the consumer, the seller decides on warranty claim immediately, in difficult cases within three working days. Into this period is not included time necessary for professional assessment of the defect. The warranty claim has to be dealt with without any delay, within 30 days from the warranty claim at latest. After this period, the consumer has same rights as in the case where the defect cannot be repaired. This period is not binding when the buyer is the entrepreneur, the relations between him and the seller are governed by Commercial Code.
The seller gives the consumer written receipt on warranty claim with details when was the claim enforced, what was the problem, which of his rights consumer enforced, confirmation on date the way the claim was dealt with together with confirmation that the repair was made and how long the repair lasted, or eventually reason why the warranty claim was declined.
In a case of accepted warranty claim, the consumer has the right for payment of his costs (especially postage he had to pay when returning the goods). In case of withdrawal from the contract because of the defect of the goods, the consumer has also the right for payment of his costs.
If the buyer is the entrepreneur:
If the defect can be repaired, it will be repaired. If the repair is not possible and the nature of the defect does not prevent the usual usage of the goods, the seller and the entrepreneur can agree on adequate discount. In a case of discount, warranty claims cannot be enforced on defect because of which the goods were discounted.
If the defect cannot be repaired and it prevents usual usage of the goods, the seller has the right to exchange the goods for goods with same or similar usage or gives the entrepreneur credit note.
After warranty repair, the warranty period is lengthened for the time the repair lasted. In case of declined warranty claim, the warranty period is not lengthened. If the defective goods were exchanged for the new goods, the warranty period starts again from the moment of carrying out the complaint. Also, if the defective goods were exchanged, the warranty claim on exchanged goods is considered as the first complaint. The time of dealing with complaint counts from the next day after enforcing the claim to the day the complaint is carried out. The entrepreneur is informed about carrying out the complaint via email, SMS or telephone he provided during purchase. If the goods were send via shipping company, they are automatically send back on the address of the entrepreneur.
If the claimed goods are not collected within month after repair (if the repair was performed later, then within month after the entrepreneur was informed the repair is done) i.e. usually 60 days from the first day of the enforcing the claim, the seller has the right to demand payment for storage of the goods.
When the repaired goods are given back to the buyer, he has to show his ID or passport to verify his identity.
If a part of the package consists of consumables (cartridges, toner, batteries, projector lamp etc.), the service life of these consumables is 6 months, if not stated otherwise. In the case of headphones, the service life is unified to 6 months. Exception is made for headphones which were bought separately.
The right of the buyer for warranty claims remains untouched, but the buyer has to take into consideration above mentioned facts, because the warranty does not apply to usual wear and tear caused by usual usage of the goods which cannot be confused with service life of the goods.