Business conditions: Basic provisions
1. Verkäufer:
- Name: Miroslav Kameník
- Sitz: Magurska 8, 34-480 Jablonka Malopolske, Republik Polen
- USt-IdNr.: 6751756210
- Mehrwertsteuernummer: PL 6751756210
- E-Mail-Adresse: info@kamenik-at.de
- Telefonnummer: +421 940 949 000
2. Bankverbindung des Verkäufers:
- Kontonummer: 5183935230/0900 : SK42 0900 0000 0051 8393 5230
- GIBASKBX
3. VAT information:
◦ The seller is a VAT payer.
4. Buyer:
◦ Buyer within the meaning of these GTC is a person who is a consumer or entrepreneur and who concluded a purchase contract with the Seller through the Seller's website.
5. Definition of consumer:
◦ (hereinafter also "Seller") and any person who is a Buyer of goods or services offered by the Seller on the Seller's Website, and who acts as a consumer in the sense of other provisions of these General Terms and Conditions and relevant laws defining the consumer, within the framework of applicable legislation of the Slovak Republic, especially laws: Law no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the Seller's premises, as amended, Act no. 250/2007 Coll. on consumer protection as amended, Act no. 22/2004 Coll. on electronic commerce as amended, Act no. 40/1964 Coll. Civil Code as amended, Act No. 250/2007 Coll. on consumer protection as amended.
6. Definition of an entrepreneur:
◦ An entrepreneur is:
▪ a person registered in the commercial register,
▪ a person who does business on the basis of a trade license,
▪ a person who does business on the basis of a license other than a trade license according to special regulations,
▪ a person who carries out agricultural production and is registered in accordance with a special regulation.
7. Online store operator:
◦ Name: DATA ITCOM LIMITED
◦ Headquarters: Unit No. 1009 , Gold Crest Executive, Plot No: JLT-PH1-C2A, Jumeirah Lakes Towers Dubai P.O. Box 9127 United Arab Emirates
◦ Identification number: ICC20230818
◦ Email address: info@copyright-security.com
8. Responsibility for the content of the online store:
◦ The operator bears full responsibility for all the content of the online store, including graphic and textual works. The Seller carries out its business activity through the Operator's online store.
These General Terms and Conditions regulate the legal relations between Buyers who are consumers and the Seller.
9. Entrepreneur and GTC:
◦ For the purposes of these GTC, an entrepreneur is someone who acts as part of their business activity. If the Buyer states his identification number (IČO) in the order, he acknowledges that the rules specified in the GTC for entrepreneurs apply to him.
10. Legal relations with the entrepreneur:
◦ Legal relations between the Seller and the Buyer, who is an entrepreneur, and which are not expressly regulated by these GTC or an individual contract, are governed by the relevant provisions of the Commercial Code, as amended, and related regulations. In case of differences between the GTC and the individual contract, the text of the individual contract takes precedence.
11. Acquaintance with the General Terms and Conditions:
◦ By confirming the order, the buyer expresses his agreement and confirms that he has thoroughly familiarized himself with these General Terms and Conditions, including the complaint procedure and the "Methods of transport" document, the terms of the ordered service and/or the license authorization provided. You will receive a copy of the GTC in electronic form as an attachment to the order confirmation to the specified email address.
12. Intellectual property rights:
◦ The Buyer is aware that by purchasing the Seller's products, he does not acquire any rights to use registered brands, trade names, company logos, patents of the Seller or other companies, unless otherwise agreed in a specific contract.
13. Delivery of documents:
◦ The buyer will receive a copy of the GTC as an attachment to the order confirmation to the specified email address. He will receive the invoice, containing basic data, contracts, including a receipt according to the Sales Registration Act and a tax document, in the form of a download link. Links to these documents will be sent to the e-mail address that he provided when ordering, or they will be accessible after logging in to his user profile in the "My account" section, subsection "My purchases". If interested in sending an invoice in paper form, the Buyer can contact the Seller via the contact form.
Article 2: Purchase contract
2.1 Conclusion of the purchase contract:
a) Buyer - Consumer:
• The proposal for concluding a purchase contract is the placement of the offered goods by the seller on the website. The purchase contract is created by sending ordersy buying consumers and acceptance of this order by the seller. The seller will immediately confirm the receipt of the order by an informative email to the specified address, but the formation of the contract is not affected by this confirmation. In this email confirmation, the buyer will also find a link to the current version of the GTC and the seller's complaint procedure. The contract can be changed or canceled only on the basis of agreement between both parties or on the basis of legal reasons. For details on this procedure, see point VI. Ordering.
b) Buyer - Entrepreneur:
• The proposal for the conclusion of a purchase contract is an order for goods sent from the buyer entrepreneur, and the purchase contract is concluded at the moment of delivery of the seller's binding consent to this proposal from the buyer entrepreneur. The seller is not responsible for any errors during data transmission.
2.2 Application of international law:
• The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply. (deleted point where we define that we conclude the order in the Slovak language)
2.3 Archiving and access to the contract:
• The concluded contract is archived by the seller for at least five years from its conclusion, but for as long as required by the relevant legal regulations. This archived contract is not accessible to unaffiliated third parties.
2.4 Order information:
• The buyer has the opportunity to check and correct the order before sending it. Based on the seller's long-term experience, the buyer is offered non-binding recommended services that he can simply remove from the order. These GTC are available on the seller's portals and allow their archiving and reproduction.
2.5 Communication and costs:
• Costs for distance communication (telephone, internet, etc.) for placing an order are standard and depend on the tariff of telecommunication services used by the buyer.
2.6 Provision of services before the expiration of the withdrawal period:
• If the buyer-consumer is ordering a service, he agrees that the service will be provided to him before the expiry of the legal period for withdrawing from the contract.
Article 3: Delivery of the subject of purchase
3.1 Basic provisions on the delivery of the object of purchase:
• Conclusion of the purchase contract: Based on the purchase contract, the seller is obliged to hand over the object of purchase to the buyer, whether it is physical goods or digital content/license, and to enable him to acquire the ownership right or license to it. On the contrary, the buyer undertakes to accept the object of purchase and to pay the agreed price for it.
• Ownership rights: The seller reserves the right of ownership to the object of purchase until the moment of full payment. This means that the buyer becomes the owner of the object of purchase only after its full payment.
3.2 Process of delivery of the item of purchase:
• Delivery of the object of purchase: The seller is obliged to hand over the object of purchase to the buyer together with all the necessary documents. If it is necessary to send the object of purchase, the carrier is responsible for delivery.
• Consignment: In case of sending the object of purchase to the first carrier for the purpose of its delivery to the buyer, the seller is responsible for handing over the object of purchase to the carrier.
3.3 Payment and delivery time:
• Payment: The seller can demand payment of the entire amount in the case of an order over 3,500 EUR, including VAT, before the actual delivery of the item of purchase.
• Delivery period: Seller Miroslav Kameník guarantees delivery of the item of purchase within 30 days of ordering or crediting payment to his account. In rare cases where the delivery deadline would be extended due to unforeseen circumstances, the buyer will be informed of this fact without delay.
3.4 Use and License Terms:
• Electronic content: The buyer has the right to use the purchased electronic content only for his personal needs and in accordance with the license terms of the product. It is forbidden to copy, reproduce or otherwise deal with electronic content in an unauthorized manner.
• Copyright: The buyer is obliged to respect the copyright of the purchased electronic content and cannot use it in violation of applicable regulations.
3.5 Additional conditions:
• Instructions: The buyer expressly agrees that the purchased goods do not need to be supplied with instructions/manuals for its use in the language of the country where the goods will be delivered.
• Electronic content as a gift: These terms also apply to electronic content that has been provided to the buyer as a gift.
•
Article 4: Prices and VAT
4.1 Basic information on VAT:
• Characteristics of VAT: The seller emphasizes that value added tax (VAT) is an indirect tax. This means that it is automatically reflected in the price of the good or service.
• Concept of VAT: It is based on the principle of deriving the tax from the difference between the purchase and sale price - that is, the difference by which the price was increased.
4.2 Application of VAT in the business process:
• VAT deduction: If the supplier is registered as a VAT payer, he will deduct value added tax to the state based on the difference between the purchase and sale price.
• Claim for VAT refund: The customer has the right to claim under certain conditionsfor a refund of the tax paid to the supplier.
• VAT rate: In Poland, the standard VAT rate is set at 23%.
4.3 Specification of product prices:
• VAT and final price: The buyer should be informed that the price of some products may be increased by the VAT rate.
• Alternative in case of disagreement: If the buyer does not agree with the price increase by 23%, the seller can offer an alternative or the possibility of canceling the order.
• Final prices: The listed product prices are final, that is, including VAT and other fees, with the exception of transport fees, which are listed separately.
4.4 Possible errors in the price:
• Liability for price errors: In the event of an incorrect price, the seller has the right to cancel the order and inform the buyer about this situation. The seller reserves the right to offer an alternative in the form of a replacement offer or the price of the available goods or services.
• Examples of incorrect prices: Examples of incorrect pricing can be e.g. unusually high discounts without marking a special sale or an error in the number of digits in the price.
4.5 Promotional and discounted prices:
• Meaning of the original price: The original price represents the amount for which the product or service was originally offered, excluding discounts or other promotional offers.
• Application of discount vouchers: The seller emphasizes that the discount voucher can only be used under the conditions set out in its terms and conditions. If the buyer misuses the voucher, the order may be cancelled.
• The customer cannot combine or combine individual discounts. A customer can claim only one discount per purchase at a time. In case of violation, the seller is entitled to cancel the discount or the order.
• Unauthorized use: If the discount voucher is used illegally, the seller has the right to consider the contract invalid. This includes cases where the voucher is used for other goods, in conjunction with another discount or does not meet the minimum order value.
Article 5: Orders and their conditions
5.1 Price conditions when ordering:
• Pricing: The buyer orders the goods at the price that is current at the time the order is placed.
• Price transparency: Before completing the order, the buyer has the opportunity to familiarize himself with the total price, which includes all fees, including VAT.
• Time validity of the offer: The buyer is informed about the validity of the given offer or price.
5.2 Methods of ordering:
• through electronic commerce,
• by e-mail to the address: info@kamenik-at.de
5.3 Unauthorized and invalid orders:
• Incorrect prices: The buyer is informed that the order may be canceled if the price is displayed incorrectly.
• Misuse of data: If a payment card or personal data is misused, the seller can cancel the order.
• Interventions by state authorities: The buyer is informed about the possible cancellation of the order in case of intervention by a judicial or administrative authority.
5.4 Discount vouchers and their application:
• Unjustified enrichment: In case of unauthorized application of the discount, the seller can demand the return of unjustified enrichment from the buyer.
5.5 Delivery information:
• Delivery notification: The buyer is informed about the delivery date of the ordered goods via e-mail.
5.6 Transport costs:
• The final price for shipping and the length of delivery of the goods depends on the shipping method that the buyer chooses when placing the order. The seller reserves the right to increase the price of postage for atypical and oversized goods, about which the customer will be informed.
Article 6: Withdrawal from the contract
6.1 Security of personal data:
• The seller Miroslav Kameník recommends that the buyer secures and deletes his personal data from the device or device that is the subject of the purchase before withdrawing from the contract.
6.2 How to withdraw from the contract:
• The buyer-consumer has the right to withdraw from the contract within 14 calendar days from the day of taking over the goods or concluding the contract for the provision of services.
• The goods must be returned complete, with complete documentation, undamaged, clean, if possible in the original packaging, in the condition and value in which the goods were received.
• The contract withdrawal form is available for download [link].
6.3 Address for returning goods in case of withdrawal:
• Miroslav Kameník, Magurska 8, 34-480 Jablonka, Malopolskie, Republic of Poland.
6.4 Reimbursement of costs and refunds:
• The consumer acknowledges that if he withdraws from the contract concluded at a distance, he will bear the costs of returning the goods to the Seller.
• Payment for the purchased goods will be paid to you no later than 14 days from the day we receive your notice of withdrawal from the purchase contract. However, only after the returned goods have been delivered back to our address. Send the goods back to us without undue delay and in any case no later than 14 days from the date of exercising the right to withdraw from the contract.
6.5 Exceptions to the right of withdrawal:
The consumer does not have the right to withdraw from contracts:
a) Services whose provision began with his consent. b) Sale of goods with a price depending on the financial market. c) Goods produced onmeasure or specifically for the consumer. d) Goods with a rapid decrease in quality or goods subject to rapid deterioration. e) Goods in protective packaging that have been opened. f) Alcoholic drinks with an agreed price. g) Repairs or maintenance at the consumer's request. h) Electronic content without physical carrier. i) Gift vouchers whose protective packaging has been opened.
6.6 Withdrawal for entrepreneurs:
• The buyer-entrepreneur has no right to withdraw from the contract.
6.7 Specification of goods with fuel tank:
• If the object of purchase is a device with a fuel tank, the tank must be empty when returned.
6.8 Returned goods - damage or incompleteness:
• If the returned goods are damaged or incomplete, the seller can demand compensation from the buyer for the reduction in the value of the goods. The seller is entitled to deduct the amount of damage from the order amount.
6.9 Consumer goods:
• In the case of consumer goods (such as cosmetics, drugstore products, etc.), it is possible to withdraw from the contract only if the buyer returns the goods undamaged, unused and in intact original packaging.
6.10 Withdrawal procedure:
• If the buyer decides to withdraw within the specified period, the Seller Miroslav Kameník recommends to speed up the process to deliver the goods to the specified address with an attached cover letter. The reason for withdrawal (optional), purchase receipt number and bank account details can be stated.
6.11 Electronic content and gift vouchers:
In the case of provision of electronic content other than on a physical medium, the consumer does not have the right to withdraw from the contract if the provision began with his express consent and he was duly informed of the loss of this right after the provision began. m) If the subject of the purchase contract is a gift voucher removed from the protective packaging, the secret code on it is invalidated.
6.12 Fees for withdrawal from a distance contract
In the event that the customer withdraws from the contract in accordance with the legal provisions, but the order has already been processed, the seller has the right to pay the costs associated with its equipment. These costs include:
Shipping costs according to the current price list of the delivery service,
Handling and packaging fee.
Article 7: Payment terms
7.1 Payment options:
The seller accepts the following payment options:
a) Payment in advance by bank transfer.
b) Payment in advance via the payment gateway Gopay Stripe, Paypal
c) Cash on delivery upon delivery of the goods - cash is collected from the customer by the carrier.
7.2 Ownership rights:
Until the moment of full payment of the price of the goods and their acceptance, the goods remain in the property of the seller. However, the risk of damage to the goods passes to the buyer immediately upon receipt.
7.3 Change of billing data:
After the order has been sent, it is not possible to change the buyer's billing information.
7.4 Reservations to payment terms:
The seller Miroslav Kameník reserves the right to offer the buyer only selected payment methods based on his own discretion or according to the current situation.
Article 8: Delivery conditions
8.1 Delivery methods:
The seller ensures or mediates the delivery of the goods using the following method:
• Shipping by shipping service.
8.2 Choice of transport method:
The offered transport methods are determined based on the current availability of specific transport services. The choice also takes into account capacity options and accessibility to specific locations.
8.3 Exceptional circumstances:
In the event of unforeseen events, such as force majeure or information system outages, the Seller Miroslav Kameník is not responsible for any delay in the delivery of the goods.
Article 9: Inspection and complaints upon receipt of the shipment
9.1 Inspection upon delivery:
The buyer, who is an entrepreneur, is obliged to check the shipment together with the carrier immediately after delivery. The inspection should include:
• Number of packages,
• The integrity of the tape with the company logo,
• As well as any damage to the box.
The buyer, who is a consumer, has this procedure recommended, but it is not mandatory for him.
9.2 Disagreement with the purchase contract:
The buyer is entitled to refuse to accept a shipment that is not in accordance with the purchase contract, if the shipment is e.g. incomplete or damaged. If the Buyer takes over the damaged shipment from the carrier, it is necessary to describe the damage in the carrier's handover protocol.
9.3 Notification to the seller:
It is essential that the buyer subsequently informs the Seller Miroslav Kameník about any problem with the delivered shipment. In the event of a complaint and visible damage to the shipment, it is necessary to write a damage report with the carrier and send it to the seller, either by e-mail to info@kamenik-at.de or via an electronic form.
Procedure for reporting a complaint
The seller recommends the buyer to proceed as follows when reporting a complaint:
Reporting a complaint - First report the complaint to the seller via e-mail or the electronic form (listed above).
Waiting for a statement - After sending the complaint report, wait for the opinion of the complaints department, which will inform you about the next procedure.
Collection of goods - In pif the claim is acknowledged, the seller will arrange for the collection of the claimed goods at his own expense.
Important notice
In the event that you send a complaint (e.g. for an incomplete or damaged shipment) to the seller's address without prior reporting and a statement from the complaints department, the seller will reimburse the buyer exclusively for postage costs up to the amount of the seller's current price list.
9.4 Additional claims:
If there are later complaints regarding the incompleteness or external damage of the shipment, this does not relieve the buyer of the right to file a complaint. However, it gives the seller the opportunity to prove that there is no conflict with the purchase contract.
Article 10: Warranty and Complaint Conditions
10.1 Basic provisions:
The warranty for the goods is governed by the Seller's Complaints Procedure and the current legal regulations of the Republic of Poland. The proof of purchase serves as a warranty document.
10.2 Notification of damage:
In the event of incompleteness or damage to the goods, the customer is obliged to inform the seller of these facts immediately, but no later than within 24 hours of receiving the shipment.
10.3 Disclaimer:
The seller Miroslav Kameník excludes his liability towards customers based on physical and legal defects in accordance with Article 558/1 of the Polish Civil Code.
10.4 Complaints procedure:
The complaint procedure is an integral part of the General Terms and Conditions (GTC) Seller Miroslav Kameník describes the way in which complaints should be made about goods purchased from the seller.
The buyer, whether he is an entrepreneur or a consumer, is obliged to familiarize himself with the Complaints Procedure and GTC before ordering the goods. At the same time, the Buyer acknowledges that he is obliged to provide the seller Miroslav Kameník with the cooperation necessary for handling the complaint, otherwise the time limits for processing the complaint will be adequately extended by the time during which the Buyer did not provide the required cooperation.
10.5 Consent to the Complaints Procedure:
By concluding the purchase contract and taking over the goods, the buyer expresses his agreement with this Complaints Policy.
10.6 Definitions of terms:
The terms used in this Complaints Procedure are defined in accordance with the General Terms and Conditions, and in the event that they are not defined therein, they are interpreted in accordance with valid and effective legal regulations.
10.7 Moment of takeover:
The moment of receipt of the goods by entrepreneurs is defined as the time when the goods are handed over by the seller to the buyer or the first carrier. In the case of consumers, it is the time when the consumer receives the goods from the seller or carrier.
10.8 Resolving complaints:
All complaints will be handled in accordance with the requirements and provisions of the Polish Civil Code.
Article 11: Length of warranty
11.1 Warranty document: The seller issues a purchase document (invoice) for each purchased product with all the necessary data for warranty application, including the name of the product, warranty length, price, quantity and serial number.
11.2 Warranty certificate: At the express request of the buyer, the seller will provide a written guarantee (warranty certificate). However, by default, as long as the nature of the goods allows it, the seller issues a proof of purchase of the goods containing the above-mentioned data instead of a warranty certificate.
11.3 Details of the guarantee letter: If it is necessary to issue a guarantee letter, the seller will clearly explain the content of the guarantee, its scope, conditions, period of validity and also the method of making claims from it. The warranty letter also states that the buyer's rights arising from the purchase are not affected by the provision of this warranty.
11.4 Extended warranty: The extended warranty is in accordance with the manufacturer's warranty conditions and any advertising. The warranty card for the extended warranty contains all the above-mentioned details.
11.5 Deadline for exercising rights from defective performance:
• The warranty period begins on the day the buyer takes over the goods.
◦ New goods: 24 months, unless another legal regulation establishes a longer period.
◦ Refurbished goods: 21 months.
◦ Used goods: 12 months.
Consumables have a shelf life of 24 months, unless an expiration date is indicated.
11.6 Special adjustment of the deadline for the buyer entrepreneur:
• The goods may have a different deadline, which takes precedence.
11.7 Natural versus legal entity:
• Natural person: Warranty period of at least 24 months according to the Polish Civil Code.
• Legal entity: At least 12 months according to the Polish Commercial Code.
11.8 Extension of the warranty period:
The warranty period is extended by the period during which the goods were under complaint. Rights from liability for product defects expire if they have not been exercised within the warranty period.
Address for making a claim:
Miroslav Kameník,
Magurska 8,
34-480 Jablonka, Malopolskie,
Republic of Poland
The buyer has the option to file a claim directly at an authorized service center, if such an option is provided. In the case of business buyers, the application of a claim is bound exclusively to an authorized service center and is governed by the relevant service conditions. The buyer can send the goods for a claim to the seller's address or to authorized dealersanother service. The shipment should be:
- Safely packed and marked "CLAIM".
- Complete (goods and accessories) and include a copy of the purchase receipt, a description of the error, and the buyer's contact information.
- Subject to adequate identification and control.
The buyer (including consumers) is advised to follow the above procedure until proven otherwise. The seller or authorized service provider will provide the buyer with a written confirmation of receipt of the complaint, including details of the complaint and the requested method of handling it, immediately upon personal application or by email. The buyer (not only entrepreneurs) should prove the validity of the warranty by submitting relevant documents and, in the case of a previous claim, with this document as well. In case of non-delivery of the complete accessories of the goods during the complaint, the buyer is informed that the returned amount will be reduced accordingly.
1. Compatibility:
• The seller does not guarantee the full compatibility of the sold parts with other products, the seller's employees, the manufacturer or the supplier of non-approved parts.
• This also applies to software applications, the functionality of which was not expressly requested by the buyer in the written order, unless such compatibility is customary or the specified goods were not explicitly compatible or incompatible with the specified list.
2. Functionality of the application software:
• The seller does not guarantee the full functionality of the application software in versions that are not suitable for the ordered operating system, unless such functionality is usual or the specified goods were not functional or non-functional with the specified list.
• The seller does not assume responsibility for problems caused by the limited functionality of applications that do not meet these conditions.
3. Warranty exclusions:
• The warranty does not cover errors caused by the use of incorrect or defective software or consumables, unless such use is not usual and has not been excluded in the instructions for use.
• The warranty does not cover defects caused by poor service, unprofessional handling, use and installation contrary to the user manual or damage caused by the effects of overvoltage in the distribution network, with the exception of normal deviations.
• The warranty does not apply in case of mechanical damage to the goods, electrical overvoltage (except for normal deviations), use of the goods in inappropriate conditions, unprofessional installation, handling, service, or neglect of the goods.
• It also does not apply to damages caused by computer viruses, use of illegal or unauthorized software and consumables, excessive loading of goods, or use in violation of the conditions specified in the documentation or general principles.
• The warranty does not apply if the goods were modified by the customer and this modification caused an error.
• Immediately after removing the protective means, the buyer becomes an authorized user of the software product and accepts the license terms of the software manufacturer.
4. Exceptions:
• These restrictions do not apply if the characteristics of the goods, which are contrary to the stated conditions, have been agreed between the buyer and the seller, exchanged or declared by the seller, or can be expected based on advertising or the usual way of using the goods.
5. Error testing:
• The goods sent for a claim will be tested only on the basis of the error that the buyer states in the claim form or in the attached letter with a description of the error.
• We recommend a written form for stating the error, which also includes electronic communication.
• If the technician finds that the problem is not in the product, but in the incorrect installation of software (e.g. operating system, antivirus program) or damage to data by an application (e.g. game, viruses) that are not part of the product, or if the data was damaged by the buyer or by third parties, the claim will be rejected.
• If the buyer agrees to a paid repair, it will be charged according to the current price list of the authorized service. The seller does not perform paid repairs, but mediates them at authorized service centers.
6. Data backup:
• When handing over a computer system or device for repair, the buyer is advised to create a backup of important data and protect it from possible misuse or damage.
• The seller is not responsible for the loss, damage or misuse of data stored on data storage devices in the computer system.
• The buyer acknowledges that in the event of a data storage device exchange, the original device is not returned.
7. Contaminated goods:
• If the goods or their parts are dirty or do not meet the basic hygiene standards, the buyer risks rejection of the claim.
8. Secure devices:
• If access to the device is protected by a password, gesture or other access security, the buyer is obliged to cancel this protection or provide the password when applying for a claim. The same applies to the device's BIOS or firmware and access to the device's storage space.
• If a service is activated that protects the device against theft, the buyer must use this service before paymentI am not deactivating complaints. Otherwise, it may not be possible to repair or diagnose the device. This applies to services such as Apple Find my iPhone, iPodtouch, MacBook, Intel anti-theft and others.
9. Factory settings: - The buyer is informed that the device handed over for the claim should be in the factory settings. This primarily applies to added or replaced components such as RAM, hard drives or SSDs in laptops and computers. The original components should be kept for any claim or withdrawal from the purchase contract.
The terms and conditions governing various aspects of complaints and repairs are hereby concluded. The buyer should be familiar with these terms and conditions before purchasing the goods and follow them during the entire claim and repair process.
Article 13: Method of processing the claim
13.1. If the buyer is a consumer:
Consumer rights when applying the statutory guarantee:
• The consumer has the right to free, proper and timely removal of the error, if it is a correctable error.
• The consumer has the right to exchange defective goods or defective parts, if this is not disproportionate due to the nature of the defect.
• If it is not possible to eliminate the error, the consumer has the right to an appropriate discount from the purchase price or to withdraw from the purchase contract.
• If it is an irreparable error preventing the proper use of the goods, or if the error occurs repeatedly even after two attempts to repair it, the consumer has the right to exchange the defective goods or to withdraw from the purchase contract.
13.2. Choice of claim processing method:
• The seller chooses the method of processing the claim. However, the seller has the right to draw attention to the inappropriateness of the consumer's choice and propose a suitable solution, especially if it is a defect that cannot be removed, but the consumer requests removal.
• In the case of a recognized complaint, the seller has the right to eliminate the identified defect as a matter of priority by repairing the goods or exchanging them for a new piece.
13.3. Complaint for the consumer:
• The seller is obliged to decide on the complaint immediately or within three working days at the latest in the case of simple complaints. In the case of complex complaints that require a longer professional assessment, the seller is obliged to make a decision within 30 days from the date of application of the complaint.
• The time required for expert assessment of the error is not included in this deadline.
• The seller is obliged to deal with the complaint, including the removal of the error, without undue delay, no later than 30 days from the date of application of the complaint.
• After the expiration of this period, it is considered that a defect in the goods existed and the consumer has the same rights as if it were an irreparable defect.
13.4. Consumer complaint after 12 months from purchase:
• If the consumer made a complaint within the first 12 months from the purchase, the seller can reject it even without a professional assessment.
13.5. Beginning of the new warranty period:
• If the goods claim was replaced with new goods, the new warranty period begins from the date the claim was processed.
13.6. Written confirmation of the claim:
• The seller issues a written confirmation to the consumer in the form of an email about the application of the complaint, its content, the method of equipment, the duration of the complaint, and if it is a legitimate complaint, a confirmation of the repair.
13.7. Reimbursement of consumer costs:
• The consumer has the right to reimbursement of necessary costs incurred in connection with the exercise of legitimate rights from liability for errors. Costs should be claimed within 30 days of processing the claim.
1. Non-compliance with the Purchase Agreement:
In the event that the goods received by the buyer are not in accordance with the purchase contract (hereinafter referred to as "non-conformity with the purchase contract"), the buyer has the right to have the seller restore the goods to a condition that corresponds to the purchase contract free of charge and without undue delay . This right can be exercised either by exchanging the goods or by repairing them. If such a procedure is not possible, the buyer is entitled to a reasonable discount on the price of the goods or to withdraw from the purchase contract. Exceptions are cases when the buyer was informed of the non-compliance with the purchase contract before taking over the goods, or when he himself caused the non-compliance with the purchase contract. In case of non-conformity, which becomes apparent within six months from the date of receipt of the goods, it is considered to have existed upon receipt, unless this contradicts the nature of the goods or the contrary is not proven.
Conformity with the purchase contract means that the sold goods have the quality and properties that were required in the purchase contract, described by the seller, manufacturer or his representative, or that were expected based on the advertisement. Also, matching goods are considered to be those that meet the requirements of applicable legislation, are in the correct quantity, measure or weight and are suitable for the purpose for which they were intended or for which they are usually used.
2. Buyer as an Entrepreneur: If the buyer is an entrepreneur, the seller undertakes to decide on the complaint within 60 days of its submission. The buyer as an entrepreneur will be informed about this decision via contact e-mail. In case of a defect, the removal of which is possible, the goods will be repaired. If repair is not possible and the nature of the defect does not prevent normal use, the seller and the buyer can agree on a reasonable discount on the price of the goods. In the case of a given discount, it is not possible to complain about this error later.
In case of a defect that cannot be removed and prevents the normal use of the goods without defects, the seller has the right to exchange the defective goods for goods with the same or similar properties. If the exchange is not possible, the seller has the right to issue a credit note.
If the goods claim was settled in exchange for new goods within the legal warranty period, the warranty period is extended by the duration of the claim.
3. Common Provisions: After processing a valid claim, the warranty period is extended by the duration of the claim. In the event of an unauthorized complaint, the warranty period is not extended. The duration of the claim is calculated from the day the claim was submitted to the day it was processed, i.e. to the day the buyer was obliged to take over the goods. The buyer will be informed about the handling of the complaint via the e-mail provided at the time of purchase. If the buyer has complete registration data (name, surname, address and contact e-mail), the seller Miroslav Kameník will issue a credit note after issuing a corrected tax document.
After processing the buyer's complaint, the seller informs about the termination of the complaint either by phone, SMS or e-mail, no later than 30 days from the date of filing the complaint. The buyer will receive a written document on the processing of the claim. If the goods were delivered by a transport service, they will be automatically sent to the buyer's address after fitting.
The buyer is obliged to check the goods upon receipt and to verify their compliance with the delivery complaint protocol. The buyer must also check the completeness of the goods, especially the contents of the package, in order to exclude later complaints. Later complaints will not be accepted. These agreements do not in any way affect the statutory deadlines for exercising rights from defective performance.
When issuing the goods after processing the claim or when reimbursing the credit note, the buyer must present the document on the basis of which the goods were accepted for the claim and prove his identity with an ID card or a valid passport. If the buyer is a legal entity, the issue of the goods or reimbursement of the credit note will be allowed only to the statutory body of the given legal entity or to a person who submits a verified power of attorney.
Consumables: If the subject of the purchase is a consumable (e.g. cartridge, toner, print head, print cylinder, projector lamp, flashlight, various types of lighting, etc.) or this material is part of the purchased goods, the lifetime will be applied instead of the quality guarantee. The service life can be determined by time, during the life of the goods, by the number of uses or otherwise specified. In some cases, multiple lifetimes may be listed. The buyer has the right to claim consumables within the legal warranty period, while he must take into account the stated conditions.
The buyer's right to claim the goods within the statutory warranty period remains unaffected. However, the buyer must take into account the above facts, because the warranty does not cover wear and tear caused by normal use of the goods and cannot be exchanged for the product's lifetime. The service life of the goods represents natural wear and tear caused by normal use. If you have been using (not owning) the product for longer than the usual lifespan, it is likely that the defect is a result of normal wear and tear, but it is not excluded that it is a warranty defect.
Final Provisions:
1. Resolution of Disputes: Possible disputes between the Seller Miroslav Kameník and the buyer can also be resolved out of court. In such a case, the Buyer - consumer can resolve the dispute online through the dedicated ODR platform. Before proceeding with an out-of-court settlement of the dispute, we recommend the Buyer to first use the contact to resolve the situation.
2. CISG: The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms and Conditions in accordance with Article 6 of this Convention.
3. Contact: The contact e-mail address of the Seller Miroslav Kameník is info@kamenik-at.de
However, the seller Miroslav Kameník recommends contacting via her contact form or other contact methods indicated on the website.
4. Effectiveness: These General Terms and Conditions are valid and effective from 01.01.2025 and cancel the previous version of the GTC. The seller reserves the right to change the GTC without prior notice.
