Collection: Complaints procedure
I. Introductory provisions
This Complaints Procedure forms an integral part of the Seller's Terms and Conditions and regulates the method and basic conditions for complaints about defects in goods and exercising warranty claims. This Complaints Procedure applies to goods purchased in the Seller's online store www.FIXED.zone and www.intercom.zone
The Buyer is obliged to familiarize himself with the Seller's Terms and Conditions and Complaints Procedure before ordering the goods.
By concluding a purchase contract and taking over the goods from the seller, the buyer agrees to these Complaints Procedures.
This Complaints Procedure was prepared in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., the Consumer Protection Act, as amended.
II. Terms and definitions
The seller is the company FIXED Services sro with its registered office at Budějovická 19, 370 01 Homole, registered in the Commercial Register kept by the Regional Court in České Budějovice under file number C 30586, company ID 098 07 420.
Seller's contact details:
- delivery address: FIXED Services sro
Budejovicka 19
370 01 Lobster
Czech Republic
- e-mail address: info@fixed.zone
- phone: +420 385 510 205
The buyer is a buyer-entrepreneur or a buyer-consumer. A buyer-entrepreneur is a legal or natural person who, when ordering goods, acts within the scope of their business activity or within the independent exercise of their profession. A buyer-consumer is a natural person who, when ordering goods, does not act within the scope of their business activity or within the independent exercise of their profession. If the common term “buyer” is used in some provisions of these Complaints Procedures, this refers to both the buyer-entrepreneur and the buyer-consumer.
All terms and definitions contained in these Complaints Procedures take precedence over the definitions set out in the Seller's Terms and Conditions. If these Complaints Procedures do not define a term, it shall be understood in the meaning in which it is defined in the Seller's Terms and Conditions. If it is not defined there either, it shall be understood in the meaning in which it is used by legal regulations.
III. Responsibility for quality upon acceptance
The seller is responsible to the buyer for the fact that the item is free from defects upon receipt, i.e. he is responsible for the completeness and flawlessness of the delivered goods and their accessories at the time of delivery. The seller is particularly responsible for the fact that at the time the buyer received the item,
- the item has the properties agreed upon by the parties, and in the absence of such agreement, the properties described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of their advertising,
- the item is suitable for the purpose stated by the seller for its use or for which an item of this type is usually used,
- is a thing in the appropriate quantity, measure or weight,
- the matter complies with the requirements of legal regulations
If a defect becomes apparent within 12 months of receipt of the goods by the buyer-consumer, it is assumed that the item was defective upon receipt.
As proof of obligation in the event of defective performance, the seller issues a sales document (invoice) for each purchased item containing all the data required by law for exercising the right to claim defects (in particular, the name of the item, order code, warranty period, quantity, price, or serial number).
The period for exercising rights arising from defective performance begins on the date of receipt of the goods by the buyer, i.e. the date stated on the proof of purchase or on the warranty certificate.
The deadline is:
- for new (including unpacked) goods 24 months;
- for goods used for 12 months (used goods are goods marked as such that are used or serviced without defects, and the completeness of the packaging does not prevent the full use of the product).
The period ends on the day that coincides numerically with the day it began and the corresponding number of months later. The length of the period in months is stated for each item in the seller's online store and is sufficiently indicated on the proof of purchase.
IV. Rights and obligations arising from defective performance
- Quality upon receipt
If the goods received have defects (e.g. if they do not have the agreed or legitimately expected properties, if they are not suitable for the usual or agreed purpose, if they are not complete, if their quantity, measure, weight or quality do not correspond, or if the goods do not correspond to other legal, contractual or even pre-contractual parameters), these are defects in the goods for which the seller is liable.
The seller is not obliged to satisfy the buyer-consumer's claim if he proves that the buyer-consumer knew about the defect in the goods before taking over or caused it himself.
In the case of used goods, the seller is not liable for defects corresponding to the degree of previous use or wear and tear. In the case of goods sold at a lower price, the seller is not liable for a defect for which the lower price was agreed. Instead of the right to exchange, the buyer-consumer has the right to a reasonable discount in these cases.
- Legal rights from defects
The buyer-consumer is entitled to exercise the right to a defect that occurs in consumer goods within the period according to Article III.
The buyer-entrepreneur is entitled to exercise the right from a defect that the item had when the risk of damage passed to the buyer, even if it only becomes apparent later. The buyer-entrepreneur's right will also be established by a defect that arose later and that the seller caused by breach of his obligation.
The buyer is obliged to notify the seller of the defect without undue delay after he could have discovered it during timely inspection and sufficient care.
As part of the claimed complaint, the buyer-consumer is entitled to request, at his/her choice, for a defect that constitutes a material breach of contract:
- removal of the defect by delivering a new item without the defect or by delivering the missing item or
- free removal of the defect by repair
At his/her option, the buyer-consumer may demand delivery of a new item without defects or repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this shall be assessed in particular with regard to the significance of the defect, the value that the item would have without the defect, and whether the defect can be removed in the other method without significant difficulties for the buyer. The seller may refuse to remove the defect if this is impossible or disproportionately expensive, in particular with regard to the significance of the defect and the value that the item would have without the defect.
In such a case, the buyer-consumer has the right to:
- a reasonable discount on the purchase price or
- refund of the purchase price based on withdrawal from the contract
A material breach of contract is a breach of contract of which the party breaching the contract knew or should have known at the time of conclusion of the contract, and the other party would not have concluded the contract if it had foreseen the breach.
In the event of a defect that constitutes a non-material breach of contract, the buyer-consumer is entitled to have the defect removed or a reasonable discount on the purchase price.
If a removable defect occurs repeatedly after repair (i.e. a third complaint for the same defect or a fourth for different defects) or if the goods have a larger number of defects (i.e. at least three defects simultaneously), the buyer-consumer may exercise the right to a discount on the purchase price, exchange the goods or withdraw from the contract.
The seller is not responsible for defects resulting from normal wear and tear or failure to follow the instructions for use.
V. Warranty conditions
- Checking goods upon receipt
Upon personal receipt from the seller, the buyer will check the goods being received, their completeness and the integrity of the packaging.
Upon receipt from the carrier, the Buyer shall properly and carefully check the condition of the shipment (in particular the number of packages, the integrity of the company tape with the logo, the integrity or damage to the packaging) according to the shipping document. The Buyer is entitled to refuse to accept goods that are obviously damaged, or if the shipping packaging is obviously significantly damaged, which gives rise to a reasonable assumption that the goods inside are damaged (this also applies to cases where the cardboard shows that it has been exposed to weather or water).
If the buyer discovers physical damage to the goods after opening the package, which may have been caused by transport, this fact must be reported to the seller without undue delay. In such a case, we recommend taking a photo of the damaged product, including the shipping packaging, and sending it, indicating the purchase receipt or order number, to the company's registered office address, email: podpora@fixed.zone. The seller will immediately inform the buyer about further steps.
On the day of receipt, the buyer will also check the completeness of the goods, in particular that the packaging contains everything it is supposed to contain.
Complaints about incomplete or incorrectly delivered goods must be made immediately in a demonstrable form (in writing or by e-mail) directly to the seller, but no later than the next business day after receipt of the shipment.
These provisions do not affect the statutory period for exercising rights arising from defective performance. An additional complaint about incompleteness or external damage to the shipment does not deprive the buyer of the right to complain about the item, but gives the seller the opportunity to prove that there is no conflict with the purchase contract.
- Exercising the right to defective performance
The Buyer has the right to file a complaint at the Seller's premises without undue delay from the discovery of the product defect. The Buyer is entitled to file a complaint either in person or in writing or electronically.
Before making a complaint, it is recommended to contact technical support via the form in the Support section of the seller's online store or use the complaint and return form.
The address for filing a complaint is:
FIXED.zone as
Complaints department
Budejovicka 19
370 01 Loaf
Email: reklamacie@fixed.zone
Phone: +420 724 161 817
The buyer is obliged to prove that he has the right to make a complaint, in particular by proving the date of purchase, either by submitting a sales receipt , a confirmation of the seller's obligations from defective performance of the warranty certificate, or in another credible manner.
The buyer must always provide his contact details ( especially the return address and phone number , or e-mail) and a precise description of the defect . It is also recommended to choose the desired method of handling the complaint. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.
The buyer is not entitled to make a complaint about a defect that was already reported in the past if a reasonable discount on the purchase price was provided for it.
In the event of sending the claimed goods by courier service, the buyer is obliged to pack the claimed product carefully to prevent damage during transport. The product must be sent complete, including all accessories that were in the original packaging. The buyer is aware that if the claimed goods are not delivered, including all accessories received, then in the event of the buyer's withdrawal from the contract, the purchase price will be refunded to him, reduced by the price of the undelivered accessories.
- Claim rejection
- for contamination of goods
The seller has the right to reject a complaint about goods in cases where the claimed goods and/or their components are contaminated or do not meet the basic requirements for hygienically safe handover of goods for complaint proceedings.
- for device security
If access to the device is protected by access security, the buyer is obliged to deactivate this protection when making a claim. Otherwise, the seller has the right to reject the claim.
- for breach of warranty conditions
By breaking the protective seal, information sticker or serial number, the buyer runs the risk of having the claim rejected, 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.
Furthermore, the warranty does not apply to damage caused by (if such activity is not a normal activity and is not prohibited in the enclosed instructions for use):
- mechanical damage to the goods,
- electrical overvoltage (visible burnt components or printed circuit boards) with the exception of normal deviations,
- using the goods in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical influences of the environment directly determined by the seller or manufacturer,
- unprofessional installation, handling, operation, or neglect of care for the goods,
- damage caused by excessive loading or use contrary to the conditions specified in the documentation or general principles,
- by performing unqualified intervention or changing parameters,
- goods that have been modified by the customer (painting, bending, etc.), if the defect arose as a result of this modification,
- damage caused by natural elements or force majeure,
- the use of incorrect or non-original consumables, nor for any damage resulting therefrom, if such use is not usual and has not been excluded in the enclosed instructions for use.
- Complaint handling
The seller's authorized person decides on the complaint.
If the buyer-consumer files a complaint, the complaint must be decided on immediately, in complex cases within three working days. This period does not include the time appropriate to the type of goods required for a professional assessment of the defect.
The complaint, including the removal of the defect, must be settled no later than 30 days from its submission. The 30-day period may be extended after the submission of the complaint by agreement with the consumer - such an extension may not be for an indefinite or unreasonably long period. After the expiry of the period, or the extended period, it is considered that the defect in the item actually existed and the consumer has the same rights as if it were a defect that cannot be removed.
If a complaint is filed by a buyer-entrepreneur , the seller undertakes to decide on the complaint within 30 days from the date of filing the complaint.
The complaint is considered settled as soon as the seller informs the buyer that the complaint is settled and how it was settled. At the same time, the goods submitted for complaint are available at the seller's premises. If the buyer does not pick up the goods after the complaint has been settled, the seller has the right to demand payment for the storage of the goods.
If the claimed goods are delivered to the seller by a courier service, the date of claim is considered to be the day the shipment was delivered to the seller's address. The date of claim settlement is then the day the goods are sent back to the buyer.
In the event of withdrawal from the purchase contract, the complaint is settled by issuing a corrective tax document (credit note).
- Completing the claim process
As proof of the settlement of the complaint, the seller will issue the buyer a written confirmation of the repair and its duration, or a justification for the rejection of the complaint.
After a justified complaint has been resolved by repair or replacement, the period for exercising rights arising from defective performance of the goods is extended by the duration of the complaint. The duration of the complaint is calculated from the day following its submission until the day the complaint is resolved.
In the event of a complaint being settled by exchanging goods, a new period for exercising rights arising from defective performance does not run; the period that runs from the date of receipt of the original goods by the buyer is decisive.
The buyer-consumer has the right to compensation for the costs reasonably incurred in connection with the exercise of a justified complaint. The costs of transport for the return of goods and unjustified complaints are borne by the buyer. The 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 goods being received and their compliance with the complaint delivery protocol. The buyer will also check the completeness of the goods upon receipt. Later objections will not be taken into account.
The buyer is obliged to take over the goods without undue delay. If the buyer does not collect the goods from a settled claim within 6 months from the date on which he was informed of the settlement, the seller reserves the right to sell the goods and use the proceeds to pay the storage fee.
VI. Consumables and minimum service life
If the product, its packaging, or the instructions or other documentation for the product indicate a shelf life (durability, usability), the shelf life will be used instead of a quality guarantee (e.g. batteries, various types of lighting, etc.). To successfully claim, it is necessary to comply with all the stated conditions.
The buyer's right to make a complaint about the goods within the statutory warranty period is not affected. However, the buyer must take into account the above-mentioned facts, as the warranty does not cover wear and tear caused by normal use of the item and cannot be confused with the product's lifespan.
VII. Final provisions
The buyer's rights arising from the law are not affected by these Complaints Procedures.
The Seller reserves the right to change these Complaints Procedures.
These Complaints Procedures come into effect on July 1, 2024.