Complaints Procedure

1. General provisions

The Complaints Procedure is an integral part of the General Terms and Conditions of the Seller OptoSmart s.r.o., VAT 09449230, VAT CZ09449230, with registered office T.G. Masaryka 521 26751 Zdice (hereinafter referred to as "Seller" or "OS"), and describes the procedure for handling complaints of goods purchased from OS.

The Buyer is obliged to get acquainted with the Complaints Procedure and General Terms and Conditions (hereinafter referred to as "GTC") before ordering the goods. At the same time, the Buyer acknowledges that he/she is obliged to provide the OS with the necessary cooperation required for the settlement of the complaint, otherwise the time limits shall be adequately extended by the time in which the Buyer did not provide the required cooperation.

By concluding the purchase contract and accepting the goods from the seller, the buyer agrees to this Complaints Procedure.

The definitions of terms contained in this Complaint Procedure take precedence over the definitions in the GTC. If this Complaints Procedure does not define a term, it shall be understood in the sense in which it is defined in the GTC. If it is not defined therein, it shall be construed in the sense in which it is used by law.

You do not need a warranty certificate to make a claim. An invoice is always sufficient.

The warranty runs from the date of receipt of the goods for a period of 24 months.

In the event of a claim being settled by replacement, the new warranty on the goods does not apply. The original warranty continues.

1. Quality guarantee

As a proof of warranty, the OS issues a proof of purchase (invoice) for each purchased item with the statutory information required to claim the warranty (e.g. name of the item, length of warranty, price, quantity, serial number).

1. Time limit for exercising rights arising from defective performance

The time limit for exercising rights from defective performance begins on the date of acceptance of the goods by the buyer, i.e. the date indicated on the purchase document or warranty certificate.

The time limit is: 24 months for new goods;

The period shall end on the date which coincides numerically with the date on which it began and the corresponding number of months later. The length of the period in months is indicated for each item in the Seller's shop and is sufficiently indicated on the proof of purchase.

The rights of liability for defects in the goods for which the quality guarantee applies shall be extinguished if they have not been exercised within the specified period.

In the case of settlement of the complaint in the form of replacement of goods, no new time limit shall apply, the time limit starting from the date of receipt of the goods by the buyer shall be decisive.

If the buyer-consumer claims a defect within 6 months of purchase, it is assumed that the defect has already occurred during the production of the product. Therefore, if the defect is recognized by an authorized service center, the buyer is entitled to:

1.  Removal of the defect
2. Replacement of a defective part of the item
3. Delivery of a new item without defects
4. If neither of the above is possible, he is entitled to a refund

This does not apply to goods that the customer himself damages, whether by mistake or intentionally.

2. Quality on receipt

The Seller shall be liable to the Buyer that the item is free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the item,

• the goods have the characteristics agreed between the parties and, in the absence of an agreement, such characteristics as the seller or the manufacturer described or the buyer expected in view of the nature of the goods and on the basis of the advertising carried out by them.
• the item is fit for the purpose for which the seller states it is used or for which an item of that kind is usually used.

III. Warranty Conditions

1. Inspection of goods on receipt

The buyer shall check the goods, their completeness and undamaged packaging upon personal receipt from the seller.

The buyer shall also check the completeness of the goods on the day of receipt, in particular that the package contains everything it should contain.

Any discrepancies must be reported to the seller or service technician upon personal acceptance on site

These arrangements are without prejudice to the statutory time limit for the exercise of rights arising from defective performance. An additional claim of incompleteness or external damage to the shipment does not deprive the buyer of the right to claim the item, but gives OS the opportunity to prove that there is no breach of the purchase contract.

2. Making a claim

The Buyer may file a claim with the Supplier by phone or email at reklamace@optosmart.cz.

Subsequently, the supplier will notify the buyer of the date of the visit of the service technician who will solve the complaint on site.

The OS also recommends that you choose the desired method of complaint handling (repair, replacement, credit note).

OS will issue the Buyer with a written confirmation of when the claim was filed, what its content is, what method of handling the claim is required, by email immediately after receipt of the claim. The written confirmation serves only as proof of receipt of the claim. The condition in which the Buyer has handed over the goods to OS will be assessed as part of the complaint procedure.

The buyer is aware that if he/she fails to deliver the claimed goods including all accessories received, then in the event of the buyer's withdrawal from the contract, the purchase price will be refunded to the buyer, reduced by the price of the undelivered accessories.

3. Exclusions

Breach of the protective seal, informative sticker or serial number puts the buyer at risk of rejection of the claim, unless the damage occurs during normal use. The seals and serial numbers are an integral part of the goods and in no way restrict the customer's right to use and handle the goods to the full extent of their intended use.

Furthermore, the warranty does not cover damage caused by (if such activity is not normal and is not prohibited in the enclosed instructions for use):

1. mechanical damage to the goods,
2. electrical surges (visibly burned components or circuit boards) except for normal deviations,
3. use of the goods in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical influences of the environment directly intended by the seller or manufacturer,
4. improper installation, handling, operation or neglect of the goods,
5. damage to the goods or parts thereof by a computer virus, etc,
6. if the defect is manifested only by software for which the customer is unable to prove the legal method of acquisition, or by the use of unauthorised software and consumables,
7. damage caused by excessive loading or use contrary to the conditions specified in the documentation or general principles,
8. by performing unqualified intervention or changing parameters,
9. By removing the protective devices (foil, seals...)
10. Goods that have been modified by the customer (painting, bending, etc.), if the defect has arisen as a result of this modification,
11. damage from the elements or force majeure,
12. using incorrect or faulty software,

5. Fault testing

Goods submitted for complaint will be tested only for the defect indicated by the buyer (in the complaint form, in the attached defect description sheet). OS recommends that the defect is indicated in writing, which also means electronic communication.

If the claim is rejected and if the buyer agrees to pay for the repair, the repair will be charged according to the current valid price list of the service.

Before the paid repair is carried out, the buyer will be informed about the price of the repair, its scope and the time required for its execution, and the repair will be carried out within 60 days from the day following the receipt of the goods. The paid repair can only be carried out after the Buyer's express consent (or on the basis of a service contract), after the information according to the previous sentence.

7. Rejection of a claim

OS has the right to reject a claim for goods in cases where the goods and/or their components are contaminated or do not meet the basic requirements for hygienically safe submission of the goods to the claims procedure.

9. LCD displays

Due to the number of pixels on the LCD panel, it is not practically possible to prevent pixel loss from a manufacturing technology point of view. For this reason, the ISO 13406-2 standard was created. The standard divides monitors into four quality classes and specifies the maximum allowable amount of defective pixels or clusters for each class. A cluster is a 5×5 square of pixels. Unless otherwise specified, the goods sold by OS fall into the second class.

Defective pixel:

• Type 1 - white dot, permanently illuminated pixel.
• Type 2 - black dot, permanently unlit pixel.
• Type 3 - a colored point, a permanently lit or unlit sub pixel, resulting in a point with a color other than the desired color.

Defective cluster:

• Defective cluster type 1 - more than one defective pixel type 1 or type 2
• Defective cluster type 2 - more than one defective pixel type 3

Number of allowable losses per 1 million pixels

Class	Type 1 (white dot)	Type 2 (black dot)	Type 3 (coloured dot)	Cluster Type 1	Cluster Type 2
I	0	0	0	0	0
II	2	2	5	0	2
III	5	15	50	0	5
IV	50	150	500	5	50

1. Complaint handling

The complaint, including the removal of the defect, shall be settled by OS without undue delay, no later than 30 days from the day following the filing of the complaint. The 30-day period may be extended after the claim has been made by agreement with the consumer - such extension shall not be for an indefinite or unreasonably long period. After the expiry of the time limit or the extended time limit, the defect shall be deemed to have actually existed and the consumer shall have the same rights as if it were a defect that could not be remedied.

1. Common provisions

OS shall issue the Buyer with a written confirmation of the date and manner of settlement of the claim, including confirmation of the repair and the duration of the claim, or the reasons for rejecting the claim.

After the claim has been settled, OS will notify the buyer of the termination of the claim either by phone, SMS or e-mail. If the goods have been sent by a shipping service, they will be automatically sent to the buyer's address after processing.

After a claim has been settled by repair or replacement, the warranty of the equipment is extended for the duration of the claim. The duration of the claim is calculated from the day after the claim is made to the day on which the buyer is informed of the settlement.

These arrangements are without prejudice to the statutory time limit for the exercise of rights arising from defective performance.

The buyer is obliged to accept the complaint without undue delay within 30 days from the day he was informed of its settlement.

VII. Final Provisions

The Buyer's rights under the law are not affected by this Complaints Procedure.

This Complaints Procedure is valid from 1 January 2022 and cancels the validity of previous Complaints Procedures.