This Complaint Procedure valid from 1 January 2015 applies both to sales via the E-shop of the Provider/Seller and to sales in his physical shops and replaces and annuls all previous Complaint Procedures. A copy of this Complaint procedure is available at the address of the registered seat of the Seller or in the electronic format on the E-shop web site www.pilotshop.cz
1. General Provisions
This Complaint Procedure describes standard business cooperation between the Provider/Seller (OK AVIATION BASE, s.r.o.) and the User/Buyer. The Buyer is liable to acquaint itself with the Complaint Procedure and the General Business Terms and Conditions of the Seller before placing any order. By conclusion of a purchase contract/personal takeover of any goods from the Seller the Buyer expresses its agreement with the below Complaint Procedure. The Seller issues a goods receipt slip with every goods item purchased as the warranty certificate (in the form of an invoice or cash receipt) with legal force of a warranty certificate with all appurtenances required by law for warranty claim application (name of the goods, length of warranty period, price, quantity, product number etc.) (hereinafter "Warranty Certificate").
2. Length of Warranty
The warranty period starts from the date of the goods takeover by the Buyer given in the Warranty Certificate. The general legal warranty term is 24 months*. The Seller may extend this legal term. The length of warranty is mentioned specifically for every goods item in the Warranty Certificate. The warranty term consists of the legal warranty (24 months) plus any potential warranty extension granted by the Seller.
The legal warranty is governed by Act No. 89/2012 Coll., the Civil Code, on consumer protection, with consideration of further details given in this Complaint Procedure. The extended warranty is exclusively governed by this Complaint Procedure.
Exceptions may be represented by discounted goods (damaged, used, incomplete etc. goods). In the case of goods sold with a discounted price for the reason of a defect or incompleteness the warranty does not apply to the defect causing the discount.
3. Warranty Terms
I. The Buyer is recommended to check the condition of the consignment together with the haulier immediately after delivery (the number of packages, intactness of the tape, box damage etc.) against the attached delivery note. The Buyer is entitled to refuse takeover of a consignment which does not comply with the purchase contract, i.e. is incomplete or damaged. If the Buyer takes over a damaged consignment the damage must be described in the takeover protocol of the haulier.
II. An incomplete or damaged consignment must be immediately reported by e-mail sent to firstname.lastname@example.org, a damage protocol must be compiled with the haulier and sent without undue delay by fax, e-mail or by ordinary post to the Seller. Later complaint of incompleteness or outer damage of the consignment does not deprive the consumer of the right to complaint but allows the Seller to attempt at proving that the complaint does not represent a contradiction to the purchase contract.
III. The location to file the complaint with is Pilotshop, Terminal 3, 160 08 Prague 6 – Ruzyně. Where there is an authorised service shop for the goods in the Czech Republic the Buyer is recommended to apply the complaint directly in the authorised service shop or the shop where the goods were purchased to accelerate settlement.
IV. The Buyer may send the defective goods with the complaint to the address of the Provider's facility. Costs of the transport are borne by the sender. The goods complained about should be very well secured to prevent their damage during return transport. The package should be visibly marked as COMPLAINT and include the goods complained about (including complete accessories). It is also recommended to attach a copy of the goods receipt slip, a detailed description of the defect and complete contact details of the sender (return address, phone number). Absence of the above may make identification of the origin and the defect of the goods impossible.
V. The Buyer must document validity of the warranty by submission of the receipt slip or if the goods were complained about in the past then the document of the past complaint. The acquisition document (the receipt slip or the complaint protocol) must bear the same product number as the complaint about product (if the product is provided with one).
VI. The warranty applies neither to defects caused by use of incorrect or defective software, nor to potential damage caused by such use. The warranty further does not apply to defects caused by incorrect operation, unauthorised or inadequate handling, use or installation in contradiction to the user manual, or to damage by mains overvoltage.
VII. The Seller does not guarantee full functionality of the application software in versions inappropriate (non-existent) for the given operating system. The Seller takes up no responsibility for potential issues caused by limited functionality of the applications not meeting this condition.
VIII. The warranty does not apply to goods with damaged protective seals, informative labels, serial numbers etc. The seals and serial numbers are an integral part of the product not limiting the right of the customer to use or handle the goods within the full scope of their purpose.
The warranty further does not apply to damage caused by:
a) Mechanical damage,
b) Electric overvoltage (visibly burnt components or printed circuits),
c) Use of the goods in inappropriate conditions in terms of temperature, dust, humidity, chemical or mechanical conditions directly specified by the Seller or the manufacturer,
d) Unauthorised installation, handling, operation or insufficient care of the goods,
e) Damage caused by computer virus,
f) Defect only manifested in the software for which the customer is unable to prove legal acquisition, or caused by use of unauthorised software,
g) Damage caused by excessive loading or use in contradiction to the conditions defined in the documentation or general principles of use,
h) Unauthorised modification or parameter change,
i) Customer modifications (paints, bending) causing defect,
j) Damage by natural or force majeure action.
IX. In the case of goods that are software the warranty only applies to physical readability of the media (the media must not be scratched etc.). At the moment of removal of protections (film, seal, envelope opening etc.) the Buyer becomes the authorised user of the software and accepts licensing conditions of the software manufacturer.
X. Goods returned for the reason of complaint will only be tested for the defect described by the Buyer (in the complaint protocol, the attached defect description). A written format of defect description is strongly recommended.
4. Complaint Settlement
I. If the goods taken over by the Buyer are not in compliance with the purchase contract (hereinafter only "non-compliance with purchase contract") the Buyer is entitled to the Seller's immediate and free restoration of the compliant condition of the goods by the goods repair or replacement, as required by the Buyer. If such procedure is not possible the Buyer may request an adequate discount or may withdraw from the purchase contract. This does not apply to cases where the Buyer knew about the non-compliance before the goods takeover or caused the non-compliance itself. Non-compliance with purchase contract manifested within six months from the date of the goods takeover is considered non-compliance existing before the goods takeover unless this is in conflict with the nature of the goods or proof to the contrary is furnished. Compliance with the purchase contract mainly means that the sold goods display quality and usable properties required by the contract, declared by the Seller, the manufacturer or their representative or expected on the basis of the goods promotion or usual for things of the kind, that the goods are compliant with the relevant legislation, and supplied in the ordered quantity, level or weight and usable for the purpose declared by the Seller or usual for the type of thing.
II. Rights of the Buyer related to the nature of the defect subject to justified complaint: In the case of a defect that can be repaired the Buyer is entitled to due and timely defect remedy free of charge, or replacement of the defective thing unless inadequate with regard to the nature of the defect. If this procedure is not possible then the Buyer is entitled to an adequate discount from the price of the defective goods or may withdraw from the purchase contract. In the case of a defect that cannot be repaired and prevents use of the goods in the intended manner the Buyer is entitled to replacement of the defective goods with faultless goods or may withdraw from the purchase contract. The same right applies to defects that can be repaired but repeat after the repair or occur in excessive number preventing the Buyer from proper use of the goods. Repeated defect occurrence means that the same defect preventing proper use of the thing reappears after at least two successful repairs of the same defect within the warranty period. An excessive number of defects means at least three simultaneous defects preventing proper use of the thing. In the case of a defect that cannot be repaired where the Buyer does not request replacement the Buyer is entitled to an adequate discount or to withdrawal from the purchase Contract.
III. In the case of a discount the goods can no longer be the subject of complaint for the defect for which the discount was provided.
IV The Seller shall decide about the complaint settlement immediately, or within three business days in complex cases. The complaint settlement including the defect remedy must be completed by the Seller without undue delay but no later than in 30 days from the complaint filing. This deadline does not include the time needed for professional assessment of the defect, depending on the product or service type. After elapse of this deadline the consumer enjoys the same rights as in the case of a defect that cannot be repaired. The complaint settlement period is suspended if the Seller does not receive all necessary documents for the complaint settlement until the required documents are duly submitted. This deadline is not binding for the buyer using its business ID for the purpose of the purchase, meaning that its business relation with the Seller is governed by the Commercial Code.
V. The Seller shall issue for the buying consumer a written confirmation of the date of the complaint filing, including its content and settlement method required, a confirmation of the repair time and completion, or written justification of the complaint rejection, as the case may be.
VI. In the case of a justified complaint the Buyer shall be entitled to compensation of complaint-related costs (including but not limited to the postage paid for the purpose of return of the goods complained about). In the case of withdrawal from the purchase contract for the reason of a defect of the purchased goods the consumer is also entitled to compensation of the costs incurred before the withdrawal.
5. Free Service
Free service is provided for goods with a warranty period longer than the standard 24 months after elapse of the legal 24 months. In the case of a defect occurring after elapse of the basic 24 months the product will be serviced and repaired or replaced with a piece with the same or better parameters. If none of these settlement solutions is possible a credit note shall be issued. The Seller agrees to complete the service within 35 days from the goods receipt for servicing.
On behalf of OK AVIATION Base, s.r.o., Miloš Dermišek CEO