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Hydrogen energy s.r.o.
nám. Míru 1217
768 24 Hulín
Czech Republic
ID: 28646614

E-mail: info@hydrogenenergy.cz

Phone: +420 602 188 035
Phone: +420 602 710 166



Complaint

In our e-shop HYDROGENENERGY (further - "e-shop") we offer the same conditions for claims as in any regular "bricks and mortar" shop in accordance with the applicable Commercial Code or the Civil Code.

Goods and accessories ordered and purchased through e-shop are provided with a legal warrantee of at least 24 months from the date of delivery, unless otherwise indicated.

If the content of the Contract does not infer otherwise, the warranty period shall begin from date of delivery of the goods. The claims made on defective goods will be settled under the Seller's Claims Policy.

If defects occur after receipt of the goods during the warranty period, the Buyer may make a legitimate claim:

  • By personal delivery to the billing address of the Seller (the invoice and warranty certificate for the purchased goods must be provided)
  • By phone, email (only if the installation was made by the service center)
  • Through a shipping service to the billing address of the Seller (goods should be returned in their original packaging or an appropriate carrying case accompanied by a description of the defect and a copy of the sales receipt).

All inquiries regarding claims can be directed to the following contacts:

E-mail: info@hydrogenenergy.cz
Phone: +420 725 463 731

Claims Policy

General provisions and definitions

The provision of a warranty, the warranty period and settlement of claims are governed by the Civil Code, the Consumer Protection Act and other legislation governing this area.

The Seller is the company Hydrogen energy s.r.o., headquartered at nám. Míru 1217, 76824 Hulín, Company Reg. No.: 28646614, Tax ID No.: CZ28646614, registered at the Regional Court in Brno, Section C, insert 79731.

The Buyer is an entity that has entered into a contract with the Seller to purchase goods.

The Seller may reasonably apply this Claims Policy on a Buyer who is not a consumer; otherwise the rights arising from liability for defects are governed by the Contract and the Commercial Code.

Warranty conditions

In the event that there is a defect in the Buyer's goods after receipt of the goods during the warranty period, the Buyer may make a legitimate claim. The warranty period shall be governed by the applicable provisions of the law. Warranty period is 24 months.

If the content of the Contract does not infer otherwise, the warranty period shall begin from date of delivery of the goods.

The Seller is responsible for defects of goods during transportation and for material or manufacturing defects that occur after receipt in the warranty period.

The warrantee does not apply in the following cases:

  • The warrantee period expires for the returned goods before the date of the claim (warranty expires).
  • The defect is due to improper installation, handling, operation, manipulation or neglect of necessary maintenance of the goods by the Buyer.
  • The defect is due to unauthorized interference with the goods or other modifications without the permission of the manufacturer.
  • The defect is due to the mains connection not corresponding to the relevant CSN standard.
  • The goods are damaged by the elements.
  • Optical changes appear on the product, which occur from normal use, and do not affect the functional capacity of the products.
  • The defect is due to the goods being used in a way contrary to the operating instructions or by failing to comply with the guidelines set by the manufacturer or retailer.
  • The defect is due to transport arranged by the Buyer.
  • The defect arises as a result of the conduct (action or omission thereof) of a third party or the Buyer.
  • The defect is due to improper storage of goods (temperature, exposure to humidity, dust) or normal wear and tear.
  • Protective seals and identification labels on the goods are broken or removed.
  • The defect is caused by mechanical or chemical damage.

Claims regarding the difference in external appearance of the supplied goods from the goods listed on the website, which is due to incorrect parameter settings of the Buyer-consumers' monitor screen do not constitute a reason for returning the goods and exercising a claim.

There may be optical or other visual defects on B-grade (B quality) panels. A claim cannot be made on defects to these panels.

Conflict with the Contract of Sale

In the event that the thing at the time of takeover by the Buyer is in conflict with the Contract of Sale (hereinafter referred to as "conflict with the contract"), the Buyer (consumer) has the right to ensure that the Seller free of charge and without undue delay renders the thing into a condition corresponding to the Contract of Sale, according to the Buyer's (consumers) requirements by exchanging or repairing the thing, unless such a procedure is not possible, the Buyer (consumer) may request an adequate discount on the price or withdraw from the contract.

This does not apply if the Buyer (consumer) knew of or caused the conflict with the Contract of Sale prior to taking over of the thing.

A conflict with the Contract of Sale that occurs within six months of the takeover of the thing is considered to be a conflict which exists at the time of the takeover, if this is in contrary to the nature of the thing or it is proven otherwise. Contradiction with the Contract of Sale means, in particular, that the thing sold does not have the quality and properties required by the contract, described by the Seller, manufacturer or its representative, or expected based their advertizing, or the quality and properties for the usual for a thing of this kind, does not meet the legal regulations, is not in the appropriate quantity, measure or weight and does not correspond to the purpose that the Seller states for the use of the thing or for which the thing is normally used.

Settlement of claims

Claims including defects will be settled without undue delay, within 30 calendar days from the date of exercising the claim at the latest, unless the Seller and the Buyer agree otherwise.

The Seller shall issue to the consumer confirmation of the date and method of settling the claim, including confirmation of any repair and its duration or written justification for rejecting the claim.

Warranty terms, information on warranty and warranty service are detailed in the warranty certificate that is issued to the Buyer-consumer when the ordered goods are delivered (if the Seller requires the warranty certificate when settling a claim and includes it with the goods).

The Buyer is obliged to demonstrate the conclusion of the Contract of Sale when exercising a claim in the framework of a legal warranty, preferably with the help of the purchase receipt and warranty certificate.

The place for the Buyer to lodge a claim is:

  • By personal delivery to the billing address of the Seller (the invoice and warranty certificate for the purchased goods must be provided)
  • By phone, email (only if the installation was made by the service center)
  • Through a shipping service to the billing address of the Seller - goods should be returned in their original packaging or an appropriate carrying case accompanied by a description of the defect and a copy of the sales receipt.

After settlement of the claim the Buyer will be asked to take over the repaired goods.

Unjustified claims

In case of unjustified claims, the Seller must give written reasons for the refusal and the Buyer is not entitled to reimbursement of its costs associated with the settlement of claims.

Any costs incurred by the Seller as a result of an unjustified claim made by the Buyer shall be reimbursed by the Buyer in full.

The Seller is responsible for the quality of the goods for 12 months after being put into operation, but not longer than 18 months from delivery, provided that the goods are put into operation by a company which is authorized by the Seller for servicing equipment. The quality warrantee begins on the date of receipt of goods by the Buyer on the date stated in the Contract of Sale or if the goods are not taken over on the date specified in the Contract of Sale, then the day when it they are picked in the Seller's warehouse. A further warranty period can be determined by written agreement of both parties.

If at the time of the claim the Buyer is in arrears with payment of the purchase price, the claim shall not be settled. Claims are settled by the Seller after the purchase price is paid in full. In this case the Buyer is not entitled to perform any claim (service) intervention at their own cost or through a third party. By doing so the warranty expires.

There may be optical or other visual defects on B-grade (B quality) panels. A claim cannot be made on defects to these panels.

Rights under the warrantee

The warranty period is extended by the period during which the goods are under warranty repair. In cases where goods are replaced, the Buyer shall obtain a new warranty (the warranty period is stated in the section "Warranty conditions").

If by supplying goods with defects the contract is materially breached, the Buyer may:

  • require the removal of defects by supplying replacement goods for the defective goods, or by supplying the missing goods
  • require the removal of defects by repairing the goods if the defects are repairable,
  • require a reasonable discount on the purchase price,
  • withdraw from the contract.

The Buyer can only choose between the claims mentioned in the preceding paragraph if they notify the Seller with a timely notification of defects or without undue delay after such a notification and no later than five calendar days from the date of takeover. The Buyer cannot change the exercised claims without the consent of the Seller.

Failure by the Buyer to notify the selection of claim within the period specified in the preceding paragraph, they shall have the same claims from defective goods as for a non-fundamental breach of contract.

If delivery of defective goods constitutes a non-fundamental breach of contract the Buyer has the right to either require the supply of missing goods and removal of the defect or a discount of the purchase price. If the Buyer does not apply a discount on the purchase price, the Seller must deliver the missing goods and eliminate the defects. The seller must eliminate the other defects in a manner of his own choice, either by their repair or by delivery of substitute goods.

The Buyer, who has become entitled to a discount on the purchase price is not entitled to claim compensation for loss of profits due to insufficiencies in the characteristics of the goods to which the discount applies. Satisfaction, which can be achieved by applying one of the claims of defective goods under Article 5, paragraph 5 or paragraph 8; is not obtainable by asserting a claim based on another legal ground.

For the purposes of issuing a credit note for defective goods, the Buyer shall provide Seller a copy of the tax document to which the goods were purchased.

Claims for damage during transport

The Buyer is obliged to immediately inspect the goods at the time of delivery and if necessary report on the findings of obvious defects i.e. exercise a claim on the goods, but not later than five calendar days from the date of delivery.

If the Buyer determines that the delivered goods are defective, they must immediately inform the Seller of this fact.

Claims relating to mechanical damage caused by transportation of goods are accepted only if the Buyer-consumer reports them during shipping of the goods and in the presence of an employee of the shipping company. A prerequisite for a successful claim is a written report on the damage prepared and signed by the Buyer and an employee of the shipping company.

In situations where the Seller has decided to send the goods back to themselves the Buyer, in their own interest, shall ensure that the goods are packed in an appropriate and adequately protecting packaging material, complying with the demands of transporting fragile goods, and the consignment is labeled with the appropriate symbols.

Risk of damage to the goods

Risk of damage to the goods passes to the Buyer when they take over the goods from the Seller, or if this does not happen on time, when the Seller makes it possible for them to dispose of the goods and the Buyer breaches the contract by not taking over such goods. In the event that the Buyer does not take over the goods when the Seller makes it possible for them to dispose of the goods, or even within the alternative deadline of 10 working days, the goods shall be relocated by the Seller to their outdoor area, whereby the Seller shall not be liable for damages caused by the weather. Damage to the goods which occurred after transfer of the risk to the buyer does not affect the buyer's obligation to pay the selling price.

Aquisition of right of ownership

The Parties agree that the right of ownership will pass to the Buyer

  • On the day the goods are taken over by them and which is stated in the Contract of Sale, or
  • If the goods are not taken over on the date specified in the Contract of Sale, then the day when they are picked in the Seller's warehouse, during which the goods at the time of transfer of rights of ownership are sufficiently individualized and labeled (serial number).

© 2020 Hydrogen energy s.r.o. Všechna práva vyhrazena.
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