Claim Rules

 I. General provisions

1.   This Complains Regulation was prepared pursuant to the provision of act No. 89/2012 Coll., of the Civil Code (hereinafter later referred to only as the “Civil Code”) and relates to the goods bought at the Seller, i.e. at EPRIN spol. s r.o., with its registered seat at Podnikatelská 2956/6, 612 00 Brno, company ID 46343601, registered in the Commercial Registry, held at the Regional Court in Brno, file No. C 5379 (hereinafter later referred to only as the “Goods”), where the rights of the Buyer for the liability for defects are claimed and also for the quality guarantee in the warranty period (hereinafter later referred to only as the “Complaint”). This Complaints Procedure shall also apply reasonably to the services provided by EPRIN spol. s r. o.

2.   Complaints Procedure forms an integral part of the General Terms & Conditions of EPRIN spol. s r. o. (hereinafter later referred to only as the “GTC”). By concluding the purchase contract, the Buyer expresses his consent with these GTC and this Complaints Procedure, confirming that he was made aware thereof properly and undertakes to observe this Complaints Procedure.

3.   The Complaints Procedure is available at the registered seat of the Seller and also on website www.eprin.cz and is therefore known to both of the parties.

II. Liabilities of the Seller

1.   Liability of the Seller for Goods defects 

The Seller shall be liable to the Buyer for the Goods having no defects at the time of takeover. In particular, the Seller shall be liable for the Goods at the time of the takeover by the Buyer and:

a)   that the Goods have the properties agreed between the parties and if such agreement is missing, the Goods have such properties the Seller or the manufacturer has described or the Buyer expected with regard to the nature of the Goods and on the basis of the advertisement performed by him,

b)   such Goods are appropriate for the purpose the Seller specified for its use or for the purpose such Goods are commonly used,

c)    such Goods correspond to the sample or template by its quality or arrangement if such quality or arrangement was defined by such agreed sample or arrangement,

d)   that the Goods are in corresponding amount, size or weight and comply with the requirements of the legal rules.

2.    Liability of the Seller for the quality warranties of the Goods. 

a)     The Seller shall be held responsible to the Buyer for the period or 6, or 12 months as the case may be, and the Goods will be useable for the common purpose and shall maintain their common properties. Duration of the warranty period is agreed in the contract or in the GTC.

b)     A delivery note is attached to the Goods and subsequently, the invoice is handed over and sent (by mail or by an electronic mail) and is also considered as the warranty note.  

III. Rights from the liability for Goods defects

1.   Clear damage of the Goods or the package during delivery shall be solved with the transporter immediately and any discrepancies shall be written down in the takeover report (shipping note). The Buyer is not obliged to take over such Goods from the transporter and shall inform the Seller about the found damage without delay (i.e. no later than the day after). On the day of takeover, the Buyer shall check the Goods properly for damage and the completeness of their accessories.

2.   In the event the delivery service or a public transporter is used, the complaints procedure for such damaged product shall observe the complaints procedure of the transporter. Liability for the defects caused in this way may not be applied for at the Seller.

3.   In the event the Buyer does not check the Goods when taking them over, he may claim the rights for defects identifiable during such check only if he proves that the Goods had these defects (e.g. missing accessories) already at the time of transfer of the risk for damage on such Goods. Any later complaints for incompleteness of the Goods or any external damage does not disentitle the Buyer from his right for complaint. However, the Seller may prove that there is no contradiction to the purchase agreement and he may claim that the defect was not applied on time.

IV. Rights from the quality warranty for the Goods

1.   The warranty period duration is 6 or 12 months according to the GTC, unless stated otherwise (e.g. in a form of note on the invoice, in the warranty note or by any provision in the purchase contract).

2.   The warranty period starts on the day of the takeover of Goods by the Buyer. The warranty period is prolonged for the time the Goods were in repair. In the event the Goods are exchanged within the repair, the original warranty period continues.

3.   Should the purchased Goods be put into operation by any other entrepreneur than the Seller, the warranty period starts from the day when the Goods were put into operation in case the Buyer ordered the Goods to be put into operation no later than three weeks from the day of taking the Goods over properly and on time and provided necessary assistance for the service to be provided. The date of putting the Goods into operation shall be designated in the document proving the placing of the Goods into operation, received by the Buyer. Therefore, the start of the warranty period is postponed only in the event that all the mentioned conditions are met. In the event none of these conditions are met, the warranty period starts from the day of takeover of the Goods.

V. Liability of the Seller and complaint from the Buyer

1.   The place for Complaint application is the actual registered seat of EPRIN spol. s r.o. according to the Commercial Registry.

2.   In the event the Buyer shall send the Goods to the Seller at his own costs and risks by a shipping service, he should pack the Goods that are the subject of the complaint into the appropriate protective packaging material, corresponding to the demanding nature of the transportation to avoid any damage during such transportation. The packing material must be clearly marked with “COMPLAINT”. In the case of fragile Goods, the shipment should be marked with the respective symbols.  Such shipment must contain Goods under complaint (including full accessories), sale documentation or the contract, warranty note, delivery note, etc., detailed description of the defect under complaint and the correct actual contact data of the Buyer (name, surname, mail address, e-mail address, phone).

3.   The Buyer shall prove demonstrably that the Goods were purchased at EPRIN spol. s r.o. An optimal document would be the original of the purchase documentation for the Goods or a properly completed warranty note. Other supportive documentations to claim the rights from the liability for defects are the purchase agreement, contract on work, handover protocol, delivery note, order note, etc.

4.   Rights from the liability for defects of the Goods and from the quality guarantee for Goods shall not apply to cases when the defect or damage was caused by any of the following:

a)     mechanical damage, wear and tear caused by common use,

b)     demonstrably unauthorized interventions into the machine, unqualified repairs and adjustments, disassembly, adjustments to parameters, change of any components without   the Seller being aware thereof,

c)     if the protective seals were removed or damaged (e.g. lead seals, informative labels, serial numbers) in the event that the Goods are fitted with protective seals,

d)     electrical overvoltage (in particular clearly burnt components or printed circuits),

e)     by demonstrably improper use,

f)      by use which is contradictory to the generally known rules for use,

g)     by use which is contradictory to the operation manual or to the instruction specified on the package or warranty note,

h)     by use of improper or defective program equipment, improper consumables,

i)      damage by a computer virus,

j)      by demonstrable use in the conditions that do not correspond to the conditions designed directly by the manufacturer, like temperature, dust, humidity, chemical and mechanical effects, or which are clearly implied from the nature of such item,

k)     by a demonstrably unqualified installation, use, manipulation and maintenance,

l)      by a demonstrably neglected care for Goods that is contradictory to the technical conditions or the user’s manual,

m)   in the event the submitted warranty note shows clear signs of changes to data or where there is a different manufacturing number on the Goods than the number specified in the warranty note,

n)     due to a natural disaster, natural forces (e.g. by thunder, fire or water), nonstandard phenomena (e.g. by an overload in the switchboard or phone network) or by force majeure

5.   The liability of the Seller shall not apply to the wear and tear caused by common use to Goods sold for a lower price due to a defect for which such price was agreed, to the used Goods for the defect corresponding to the rate of use or wear and tear the Goods had when it was taken over by the Buyer.

6.   Any defect that occurred due to an unqualified assembly or by any other unqualified putting into operation shall be considered as a defect, if such assembly or putting into operation was agreed in the purchase agreement and executed by the Seller or any other person under the liability of the Seller.

7.   In the event that consumables are the contents of package or the subject of the purchase (e.g. battery, accumulator, printing head, projector lamp), the common lifetime under ordinary use is 6 months, unless stated otherwise. The right of the Buyer to submit a complaint for the Goods shall not be affected thereby. However, the Buyer shall take into account the fact that the warranty shall not apply to the wear and tear of the Goods or to the components caused by a common use and thus it should not be misjudged as the lifetime. For gifts, the Seller provides the Buyer for free under a purchase agreement on any other paid Goods, no warranty shall apply, nor any liability for defects beyond the law. In the event of withdrawal from the purchase agreement, the Buyer shall return the Goods, provided as a gift, to the Seller in the original state.

8.   Following a request from the Buyer, the Seller shall provide written confirmation to the Buyer, related to the obligations arising out of a defective performance within the scope set by the law (warranty note). This warranty note shall contain the name or name of the company, company ID and the registered seat of the Seller. In the event that the nature of such item allows it, a document on the purchase of the Goods, containing the same data as the warranty note, may be used instead of such warranty note.

VI. Rights from the defects of Goods

1.   The Buyer has no rights from the defective performance if the Seller notified the Buyer before the Goods were taken over that such Goods had a defect or the Buyer caused such defect.

2.   The liability of the Seller shall be related to material defects, functional defects, defects created during the production, assembly or installation of the Goods, performed by the workers of the Seller.

3.   In the event that such Goods or service is software, the liability of the Seller shall be related to the errors and defects, which are contradictory to the functionality of the product.

4.   In the event of withdrawal from the contract, the Buyer shall return the Goods in full to the Seller, including all the accessories.

VII. Settlement of the complaint

1.   In the event of a complaint, the Buyer hands over the Goods clean and in accordance with hygienic legal rules and general hygienic principles, including all of the components and accessories.

2.   The Buyer shall hand over the Goods into a complaint procedure as complete. In the event the Buyer does not provide Goods complete and its completeness is necessary for the defect under complaint to be identified and/or removed, the period of time for the complaint to be settled starts from the day when all the missing parts are handed over as well.

3.   Complaint of the Goods is settled by the Seller without unnecessary delay, with maximum effort to settle it as soon as possible and to assist to secure functionality of operation, where the product is implemented.

4.   When taking over the Goods, the Seller shall not be held responsible for the data and information for the Buyer that is saved on hard disks, memory or any other information carriers, forming part of the Goods taken over during the complaint, nor for any potential loss of such data and information.

5.   If the complaint is applied for, the Buyer shall receive written confirmation – complaints protocol or an order note, serving as a document for the complaint settlement. When completing the complaint or order protocol, the Buyer shall specify all the required data, whose completeness and correctness is confirmed by his signature on such complaint or order protocol. In the protocol, there are information for the case of application of the complaint, what would be its content. In the event that the Buyer sent the product to the complaints procedure by a shipping service, he shall receive such protocol by e-mail.

6.   Goods handed over for complaint will be tested only for the defect specified by the Buyer in writing. The Seller may invoice the Buyer for the work of a technician if the description of such defect is insufficient.

7.   In the event such technician finds that the reason for such problems is not the product under complaint (e.g. the TT printer), but an incorrect operation of the devices, supplied by any third party (e.g. PC, operation system), the works of such technician to ascertain the real condition and to put, potentially, the device into a functional state, will be invoiced to the Buyer.

8.   In the event the servicing technician visits the premises of the Buyer, it is necessary to prepare a protocol about the found defects and the form of their removal. Without such protocol, the visit of servicing technician is not taken into consideration.

VIII. Warranty repair and the warranty period

1.   In the event that such repair is a warranty repair, then following such eligible complaint the warranty period is prolonged for the period of time the complaint lasted. In the event of an ineligible complaint, the warranty period is not prolonged. If the complaint was settled by exchanging Goods for a new one, the original warranty period continues from the date the complaint is settled. In the event the complaint is settled by exchange, any other potential complaint is considered as the first complaint on the Goods.

2.    The period of time the complaint is processed is calculated from the second day after the takeover until the day the complaint is settled (customer is informed), not until the day of takeover of the Goods by the Buyer.

IX. Refusal to accept the Goods for complaint

1.   The Seller has the right to refuse Goods into a complaint procedure if such Goods are impure or the accessories are impure.

2.   The Seller has the right to refuse Goods into a complaint procedure also in the event that the Goods are not handed over in accordance with the hygienic regulations and general hygienic principles.

X. Takeover of Goods from the warranty repair

1.   The Seller shall inform the Buyer when the complaint procedure is finished in writing, by phone or by electronic mail (e-mail). In the event the goods are shipped by a shipping service and the Buyer has not specified the takeover manner in the attached description of the defect, the Goods will be sent to the address of the Buyer automatically by the shipping service chosen by the Seller.

2.   After the eligible complaint is accepted as a warranty complaint, the Seller shall pay the costs for the delivery of the Goods to the Buyer. In the event that such complaint is ineligible, the Buyer will be charged a manipulation fee according to the actual price list, while the Goods will be sent to Buyer’s address at the Buyer’s costs.

3.   The Seller shall issue or send written confirmation to the Buyer, including the date and manner of complain settlement, confirmation about the repair performance and the duration of such complaints procedure or any reasoning for the complaint’s refusal.

4.   In the event that the Goods under complaint are not taken over from the warranty repair within 1 month from the day when the warranty repair was settled, the Buyer shall pay the Seller a fee for storage of CZK 100 per each initiated day of delay with the takeover of Goods.

5.   In the event that the Buyer does not take over the Goods even after 6 months from the day the complaint was settled, the Seller has the right to sell this product to any third party in a proper manner for a reasonable price, pursuant to art. 2428 of the Civil Code, at the cost of the Buyer. The profit thereon shall be sent to the Buyer without delay, but the Seller may deduct storage costs and any costs incurred to him for the purpose of the sale of such Goods.

6.   In the event of the handover of Goods after the complaint is settled, the Buyer shall submit a document he received when his Goods were accepted for a complaint procedure or he shall prove his identity.

This Complaints Procedure shall become valid and effective from 1.1.2020 and shall substitute all previous versions. The Seller reserves the right to amend this Complaints Procedure unilaterally without prior notification.