Complaints

Complaints procedure

We recommend adding to the goods: complaint protocol (XLS) or complaint protocol (PDF).

1. General provisions

The Complaints Policy is an integral part of the General Terms and Conditions of the seller WATER4LIFE s.r.o., ID number 29289971, VAT number CZ29289971, with registered office at Prušánky 352, 696 21 Prušánky, Czech Republic, registered in the commercial register in the commercial register kept at the Regional Court in Brno, section C, insert 71338 ( hereinafter referred to as "seller" or "W4L"), and describes the procedure of how to approach a claim for goods purchased from W4L in the INDCOM.cz e-shop.

The buyer is obliged to familiarize himself with the Complaints Regulations and the General Terms and Conditions (hereinafter referred to as the "GTC") before ordering the goods. At the same time, the buyer acknowledges that he is obliged to provide W4L with the necessary cooperation necessary for handling the complaint, otherwise the deadlines are extended adequately by the time in which the buyer did not provide the required cooperation.

By concluding the purchase contract and taking over the goods from the seller, the buyer agrees to these Complaints Regulations.

The definitions of the terms contained in this Complaints Policy take precedence over the definitions in the General Terms and Conditions. If these Complaints Regulations do not define the term, it is understood in the sense in which it is defined in the General Terms and Conditions. If it is not defined there either, it is understood in the sense in which it is used by legal regulations.

In the case of applying the service as part of a purchased or contracted service, this service intervention is governed exclusively by the conditions of the given service.

2. Quality guarantee

We provide a warranty period of 12 months.

As proof of warranty, W4L issues a proof of purchase (invoice) for each purchased product with the legally required data required to apply the warranty (in particular product name, warranty duration, price, quantity, or serial number).

At the express request of the buyer, W4L will provide a guarantee in the form of a guarantee letter. However, by default, if the nature of the item allows it, the seller issues a proof of purchase of the item containing the specified information to the buyer instead of a warranty certificate.

If it is necessary with regard to the warranty provided, W4L will explain the content of the warranty in a comprehensible manner, state its scope, conditions, period of validity and the way in which claims resulting from it can be asserted. At the same time, W4L will state in the warranty certificate that the provision of the warranty does not affect the buyer's rights related to the purchase of the item.

The invoice also serves as a delivery note and, if the goods do not have a warranty, it also serves as a warranty. Installation instructions can be found at www.indcom.cz for the relevant product. Spare parts and other goods requiring professional assembly, and goods for which there are no instructions for use (they are only intended for professional assembly), can only be used, or assembled, by a professional service or a person who meets the professional qualifications according to Decree no. 50/78 Coll., which must be documented in the event of a complaint. The manufacturer is responsible for such goods according to legal provisions only on the condition that the above conditions are met. Otherwise, the warranty is void. Unauthorized goods cannot be returned or exchanged, and if you claim such goods, the claim will be rejected and the goods will be sent back to you at your expense.

2.1. Deadline for exercising rights from defective performance

The period for asserting rights from defective performance begins on the day the buyer takes over the goods, i.e. the day indicated on the purchase receipt or on the warranty card.

The warranty period is:

• 12 months for new (including unpacked) goods;
• 6 months for refurbished goods (refurbished goods are used goods which have subsequently been inspected by our experts and are marked as such);
• for goods used for 6 months (used goods means goods marked as such, which are used or serviced without defects, while the completeness of the packaging does not prevent the full use of the product).

For the buyer entrepreneur, the deadline for exercising rights from defective performance may be regulated differently, if this is explicitly stated for the given type of goods, the deadline thus stated takes precedence. In such a case, the goods are indicated in the "Warranty" column of the invoice with numerical data in months.

The period ends on the day that, with a numerical designation, coincides with the day it began and the appropriate number of months later. The length of the period in months is indicated for each item in the seller's store and is sufficiently marked on the purchase receipt.

Rights and responsibilities for defects in goods for which the quality guarantee applies shall expire if they have not been claimed within the specified time.

In the case of settlement of a complaint in the form of an exchange of goods, there is no new period, the period starting from the day of acceptance of the goods by the buyer is decisive.

2.2 Quality upon receipt

2.2.1                    The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of § 2165 et seq. of the New Civil Code, § 2161, § 2167, etc.).

2.2.2                    The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

1. the goods have the properties agreed upon by the parties and, in the absence of an agreement, have such properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
2. the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
3. the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
4. is the goods in the corresponding quantity, measure or weight and
5. the goods comply with the requirements of legal regulations.

2.2.3                    The provisions stated in Article 2.2.2 of the terms and conditions do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had upon acceptance by the buyer, or if this results from the nature of the goods.

2.2.4                    Rights from defective performance are exercised by the buyer at the address of the seller's place of business, where the acceptance of the complaint is possible with regard to the range of goods sold, possibly also at the registered office or place of business. The moment when the seller receives the claimed goods from the buyer is considered to be the moment of application of the complaint.

If a defect becomes apparent within six months of acceptance, it is considered that the item was already defective upon acceptance by the buyer, unless the seller proves otherwise.

2.3 Contractual guarantee for quality

With a quality guarantee, W4L undertakes that the item will be suitable for use for its usual purpose or that it will retain its usual properties for a period of 12 months.

3. Warranty conditions

3.1 Inspection of goods upon receipt

Upon personal acceptance from the seller, the buyer will check the received goods, their completeness and undamaged packaging.

When taking over from the carrier, the buyer will properly and carefully check the condition of the shipment (especially the number of packages, intactness or damage to the packaging) according to the waybill.

The buyer will also check the completeness of the goods on the day of receipt, especially that the package contains everything it should contain.

All discrepancies must be reported to the seller when taking over in person on the spot, when taking over from the carrier, mark them in the carrier's handover protocol or the buyer can refuse to accept the shipment, or it is always possible to report to obchod@indcom.cz by e-mail, or via the contact form, complaint form. In addition, W4L recommends attaching photo documentation of the damage and packaging in the event of collection from the carrier. Do not remove the packaging and keep the original packaging including the filling. This damage must be reported to our company immediately, PPL will then collect the package and document the current status of the shipment.

These agreements do not affect the legal deadline for exercising rights from defective performance. An additional complaint about the incompleteness or external damage of the shipment does not deprive the buyer of the right to complain about the item, but it gives W4L the opportunity to prove that this is not a violation of the purchase contract.

3.2 Applying for a claim

Select one of the following options:

• The buyer applies the claim in person at the seller's branch office during business hours from 7 a.m. to 3 p.m. or by appointment with a worker at any hour: Water4Life s.r.o., Pelhřimovská 1650, 39601 Humpolec.
• At the buyer's request, as part of the claim, W4L can order collection of the goods, the buyer pays for this collection.
• Sending goods in the form of a valuable package to the address: Water4Life s.r.o., Pelhřimovská 1650, Humpolec 39601 (not cash on delivery).

When sending the goods, please pay attention to the careful packaging of the claimed goods (preferably in the original packaging), in order to prevent damage during transport.

The shipment must contain: claimed goods (including complete accessories).
In addition, W4L recommends attaching a copy of the proof of purchase or in another suitable way to document the warranty of the goods (receipt, tax document), a detailed description of the defect and sufficient contact details of the buyer (especially the return address and phone number). Without the above, it is impossible to identify the origin and defects of the goods. We recommend adding to the goods: complaint protocol (XLS) or complaint protocol (PDF).

W4L recommends choosing the desired method of handling the claim (repair, exchange, credit).

W4L will issue a written confirmation to the buyer of when the claim was made, what it contains, what method of handling the claim is required, by email immediately after receiving the claim, in the case of a personal claim it is forwarded immediately.

The buyer is aware that if he does not deliver the claimed goods including all the accessories received, then in the event of the buyer's withdrawal from the contract, the purchase price will be returned to the buyer reduced by the price of the undelivered accessories.

3.3 Compatibility

W4L does not guarantee the full compatibility of the sold components with other components not approved by W4L employees, the manufacturer or the supplier, the functionality of which was not explicitly requested by the buyer in the written order, unless such compatibility is usual for similar goods and if W4L has not explicitly stated that it is given for the goods goods compatible only with the specified list or not compatible only with the specified list.

3.4 Exclusions

By violating the protective seal, information sticker or serial number, the buyer risks rejection of the claim, unless the damage occurs during normal use. Seals and serial numbers are an integral part of the goods and do not in any way limit the customer's right to use and handle the goods to the full extent of what the goods are intended for.

In addition, the warranty does not cover damage caused (in the event that such activity is not a normal activity and is not prohibited in the attached instructions for use):

1. mechanical damage to the goods,
2. by electrical overvoltage (visibly burned components or printed circuit boards) with the exception of normal deviations,
3. using the goods in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical effects of the environment, which is directly determined by the seller or manufacturer,
4. by unprofessional installation, handling, service, or neglecting the care of the goods,
5. damage to the product or its part by a computer virus, etc.,
6. if the defect manifests itself only with software for which the customer is unable to prove a legal method of acquisition, or with the use of unauthorized software and consumables,
7. damage caused by excessive loading or use contrary to the conditions specified in the documentation or general principles,
8. performing an unqualified intervention or changing parameters,
9. goods that have been modified by the customer (painting, bending, etc.), if a defect has arisen as a result of this modification,
10. damage by natural elements or force majeure,
11. using incorrect or defective software,
12. by the use of incorrect or non-original consumables, nor for possible damages arising as a result, if such use is not usual and has not been excluded in the attached instructions for use.

These restrictions do not apply if the characteristics of the goods, which are in conflict with the above conditions, have been expressly agreed upon by the buyer and W4L, exchanged or declared by the seller, or can be expected due to the advertising carried out or the usual way of using the goods.

3.5 Defect testing

The goods handed over for a claim will only be tested for the defect indicated by the buyer (in the claim form, in the attached sheet with a description of the defect). W4L recommends a written form to report a defect, which also includes electronic communication.

If the complaint is rejected and if the buyer agrees to a paid repair, the repair will be charged based on the agreement between the seller and the buyer, so that there is a mutual agreement.

3.6 Refusal to accept a complaint

A. for contamination of goods

W4L has the right to refuse to accept goods for a claim in cases where the claimed goods and/or their components are contaminated or do not meet the basic requirements for hygienically safe delivery of the goods for the claim procedure. In the event of a claim for a device with a fuel tank, the tank must be empty at the time of acceptance for the claim.

B. for device security

If access to the device is protected by a password or a gesture or other access security, the buyer is obliged to cancel this protection or state the password in the description of the defect when making a complaint. Otherwise, W4L has the right to refuse to accept the goods for a claim

4. Complaint processing

4.1 Buyer - consumer

In accordance with the provisions of § 2 paragraph 1, letter a) of Act No. 634/1992 Coll., on consumer protection, as amended, a consumer is a natural person who does not act as part of his business activity or as part of the independent performance of his profession.

If the buyer is a consumer, the seller decides on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for expert assessment of the defect.

W4L will handle the complaint, including the removal of the defect, without undue delay, no later than 30 days from the date of application of the complaint. The period of 30 days can be extended after making a complaint by agreement with the consumer - such an extension must not be indefinite or disproportionately long. After the deadline or of the extended period, it is considered that a defect in the goods actually existed and the consumer has the same rights as if it were a defect that could not be removed.

4.2 Buyer - businessman

5. Common provisions

W4L will issue a written confirmation to the buyer of the date and method of settlement of the complaint, including confirmation of the repair and the duration of the complaint, or the justification for the rejection of the complaint.

After a recognized claim has been settled by repair or replacement, the device's warranty is extended for the duration of the claim. The duration of the complaint is calculated from the day following its application to the day the buyer was informed of the settlement.

The buyer has the right to reimbursement of purposefully incurred costs associated with the application of a justified complaint. These costs are understood as the least necessary. In particular, this concerns the postage for sending a complaint. These costs do not have to include travel by car to apply for a claim and express transport and other similar things. Reimbursement of costs must be requested without undue delay, but no later than 1 month from the end of the period for exercising rights from defective performance.

The buyer is obliged to check the received goods and their compliance with the complaint delivery protocol. The buyer will also check the completeness of the goods, especially that the package contains everything it is supposed to contain. Later objections will no longer be taken into account.

These agreements do not affect the legal deadline for exercising rights from defective performance.

The buyer is obliged to take over the complaint without unnecessary delay within 30 days from the day on which he was informed about its handling, this period cannot expire earlier than 60 days from the submission of the complaint.

If the claim is not accepted by the buyer by the last day of the deadline at the latest, the seller will be charged a storage fee for storing the goods in the amount of CZK 20, including VAT, for each day of delay.

If the buyer does not pick up the goods from the settled complaint within 6 months from the day on which he was informed about the settlement, W4L reserves the right to sell the goods and use the proceeds to pay the storage fee.

When delivering the goods or paying the credit note in cash after handling the claim, the buyer is obliged to present the document on the basis of which the item was accepted for claim and must prove his identity with a valid identity document (citizen card, passport), for the purpose of preventing damages and avoiding legalization of proceeds from criminal activity. Without presenting any of these documents, W4L can refuse to issue the goods or pay the credit note. If the buyer is a legal entity, then the goods will be delivered or the credit note reimbursed only to the statutory body of the given legal entity or to a person who presents a verified power of attorney.

If the claim is rejected by W4L, the buyer has the option to contact the Czech Trade Inspectorate (ČOI), www.coi.cz, with a request to find a common out-of-court solution to this situation. The out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.

6. Consumables and minimum lifespan

If the subject of the purchase is consumable material (eg batteries, various types of lighting and the like) or if this material is part of the purchased goods, the lifetime will be used instead of the quality guarantee. The service life can be specified in terms of time, the period of the goods or the number of uses, or similarly specified. More than one of these lifetimes may be listed for goods. In order to successfully apply for a claim, it is necessary to comply with all the stated conditions.

The buyer's right to claim goods within the statutory warranty period is not affected by this. However, the buyer must take into account the above facts, as the warranty does not cover wear and tear caused by normal use of the item and cannot be confused with the lifetime of the product. The service life of the goods represents the susceptibility to wear caused by normal use. If you have been using (not owning) the product for longer than its normal lifespan, it is likely that the resulting defect is a result of normal wear and tear, but it is not excluded that it is indeed a warranty defect.

W4L is obliged to indicate the shelf life on the offered goods, otherwise it cannot invoke this shelf life.

7. Final provisions

The buyer's rights arising from the law are not affected by these Complaints Regulations.

These Complaints Regulations are valid from February 1, 2016 and cancel the validity of previous complaints regulations.

This Complaints Procedure is available as a document at www.indcom.cz.