Return and Refund Policy of GES-ELECTRONICS

Interpretation

  1. This Return and Refund Policy is a part of the Trading Conditions of the company GES-ELECTRONICS, a.s. (Czech Republic ID-Nr. 40524752, VAT-Nr. CZ40524752) residing in Studentska 55a, Plzen, Czech Republic (hereinafter the „Seller“), which defines the return policy and refund claims processing the rights of the product defective performance (hereinafter the „Product“).
  2. The Purchaser is either a Consumer (nature person) or a Corporation (hereinafter the „Purchaser“). The definition of terms Consumer and Corporation is clarified by the valid legislative. The legal relationships between the Purchaser and the Seller are governed by the valid legislative, in particular Law No. 89/2012 Coll. - Civil Code.
  3. The Purchaser is obliged to get to know both, the Trading Conditions and Return and Refund Policy, and accept them before the the contract is concluded by the final confirmation.

Rights and Obligations of the Seller

  1. On taking over of the Product by the Purchaser, the Seller guarantees the sold Product is free of any defects, more accurately at the moment of sale the Product:
    1. has the declared qualities coresponding to the nature and usage of the Product presented by the Seller or Producer, in advertising,
    2. is equivalent to the sample or the project quality and performace if provided,
    3. satisfies the requirements of legal regulations,
    4. is in corresponding quantity or measure or weight,
    5. answers to its nature and purpose of usage the Purchaser use it for.
    The Product defective performace within the first six months from the date of the Product taking over declares the defect was already at the moment of the sale.The Seller answers for defects that are shown after taking over of the Product in the warranty period.
  2. The product is wrapped and manipulated as usual in order to avoid any damage.
  3. On the Purchaser´s request the Seller gives the guarantee by written form (a guarantee certificate). The sales cash receipt is usually used as a guarantee certificate that is clearly labelled with business name, identification number, registered office and information about the Product.
  4. The Seller guarantees the Product qualities coresponding to the nature and ordinary usage for the particular time.The quality guarantee period lasts since the date of purchase or delivery to the Purchaser. The quality guarantee period is stated also by the expiration date of the Products.
  5. The Seller is obligated to issue the claim process confirmation, duration of repair (claim protocol).
  6. The Purchaser is obliged to take-over the repaired/ exchanged Product without undue delay within the estimated time.The Seller is entitled to sell the Product in case it is not picked up within the six months period without any previous notice.
  7. At claims that are sent by cash on delivery without previous notice the Seller has a right to refuse the parcel.
  8. Claims which are applied by the Seller in face of its suppliers, do not influence the claim process of the Purchaser´s refund.

Rights and Obligations of the Purchaser – Consumer

  1. The Purchaser has to apply the rights of product defective performance within 24-months quality guarantee period and without redundant delay after defect was approved.
  2. In case the expiration date of the Product is stated on the wrapping, in the manual or advertising governed by the valid legislative, the warranty period is stated prior this way.
  3. In case of used Products the warranty period is limited of half-lenght duration.
  4. The Purchaser is not obliged to accept claims of the right of product defective performance if:
    1. the Product was sold for lower price, the Seller does not accept defects for which the lower price was negotiated,
    2. defects are caused by using up the Product in ordinary way,
    3. the defect is cause by improper handling, unauthorised interference, failure of the seal, water or fire or static damage or by atmospheric electricity and other elements or circumstances beyond control. Further, for defects caused by reversing of polarity or by over voltage or by damage of the batteries or accumulators and as well for defects caused by modification or surface-damaged on the goods,
    4. the Product has been modified,
    5. the Product has been sold as used up, the defect was declared and the right of the product defective performance can not be applied,
    6. it results from the Product nature.
  5. If the claim is justified, the Purchaser will have the right:
    1. of exchange of the defective Product or completation of the missing Product if possible, otherwise the Purchaser is enabled to withdraw from the contract,
    2. of the Product defect repairing,
    3. of an adequate discount or refund without undue delay (the Product defect is not possible to entitle again),
    4. of the contract withdrawal.
  6. The Purchaser has the right of the defective Product exchange or its part replacement also in case of recoverable failure if it happens repeatedly, the failures disables the Product using, or for more defects. The Purchaser is entitled to withdraw from the contract.
  7. The Purchaser has the right of claim an adequate discount compensation instead of the contract withdrawal, the Product replacement by the new one or repairing of the defect. In case the Seller is not able to either exchange or repair the Product, or process the refund claim in the estimated time, it will be possible to set up the claim to an adequate discount compensation as well.
  8. The Purchaser announces the Seller the chosen refund method. The chosen method can be changed just in case the defect turns out to be not recoverable. If the defect is unrecoverable the Purchaser is allowed to set up a claim of the Product exchange by the faultless one, discount or the contract withdrawal (= return the Product and require money refund).
  9. The Purchaser has to set up the Product claim at any of the Seller´s shops or services. Except for the cases where is in guarantee card other contractor destined for reparation, which is in locality of seller or near locality of the Purchaser.
  10. The claim has to be resolved as soon as possible, in more complex cases the Seller has a right to decide about the claim until 3 working days. The claim process including the Product repairing has to be effected at least within 30 days period unless otherwise agreed. Otherwise, the Purchaser has a right to withdraw from the contract.
  11. In case of the Product replacement, the Purchaser is obliged to return the defective performance Product to the Seller. The costs of the Product return back to the Seller are paid by the Seller.
  12. It is not allowable to set up the refund claim if the Purchaser is not able to return the Product in the proper state as taken. The exceptions are
    1. the Product has been undone in order to detect the defect,
    2. the Product had been used before the defect was detected,
    3. the Product state has not been modified on purpose,
    4. the Purchaser had sold the Product before the defect was detected, the Product has been consumed or modified for the purpose of the ordinary usage. If it is possible the Purchaser is allowed to return at least a part of the Product and compensate the Seller for the benefit of the Product.

Rights and Obligations of the Purchaser – Corporation

  1. The Purchaser is obliged to check the Product carefully regarding the quality and quantity when taking-over. The Purchaser has to announce the Product defective performance without redundant delay after defect was approved.
  2. The Purchaser is not obliged to accept claims of the right of product defective performance if:
    1. the Product was sold for lower price, the Seller does not accept defects for which the lower price was negotiated,
    2. defects are caused by using up the Product in ordinary way,
    3. the defect is cause by improper handling, unauthorised interference, failure of the seal, water or fire or static damage or by atmospheric electricity and other elements or circumstances beyond control. Further, for defects caused by reversing of polarity or by over voltage or by damage of the batteries or accumulators and as well for defects caused by modification or surface-damaged on the goods,
    4. the Product has been modified,
    5. the Product has been sold as used up, the defect was declared and the right of the product defective performance can not be applied,
    6. it results from the Product nature.
  3. If there is a defect that is reparable the Purchaser has the right to ask for proper repair. In case the repair is not possible but the Product can be used properly, an adequate discount or refund without undue delay will be allowed .This particular Product defect is not possible to entitle again.
  4. If the Product defective performance is considered to be the contract breach and the defect is not recoverable, the Seller is obliged to replace the defective performance Product by the new one. In case the exchange is not possible, the Purchaser is entitled to withdraw from the contract.
  5. The Purchaser has the right of the defective Product exchange or its part replacement also in case of recoverable failure if it happens repeatedly, the failures disables the Product using, or for more defects. The Purchaser is entitled to withdraw from the contract.
  6. The Purchaser has to set up the Product claim at any of the Seller´s shops or services. Except for the cases where is in guarantee card other contractor destined for reparation, which is in locality of the Seller or near locality of the Purchaser.
  7. In case of the Product replacement, the Purchaser is obliged to return the defective performance Product to the Seller. The costs of the Product return back to the Seller are paid by the Seller.
  8. It is not allowable to set up the refund claim if the Purchaser is not able to return the Product in the proper state as taken. The exceptions are
    1. the Product has been undone in order to detect the defect,
    2. the Product had been used before the defect was detected, the Product state has not been modified on purpose,
    3. the Purchaser had sold the Product before the defect was detected, the Product has been consumed or modified for the purpose of the ordinary usage. If it is possible the Purchaser is allowed to return at least a part of the Product and compensate the Seller for the benefit of the Product.

This Return and Refund Policy is valid from January 1, 2014