Complaint procedure
Do you need to solve a problem or is there any fault in a product purchased from us? Unfortunately, despite all our precautions, this can sometimes happen. We provide a 2-year warranty for the goods. We will try to handle your complaint as quickly as possible to your maximum satisfaction.
How to proceed with a complaint
Please contact us first by email: info@armodd.com. Specify the reason for your complaint, or describe the fault.
As soon as we reply to you, unless otherwise stated, pack the goods carefully (so they are not damaged during transport) and send them to the address specified below. Attach the proof of purchase and the filled-in complaint form. Always send the goods complete, including accessories. Please do not send the goods cash on delivery, they will not be accepted.
Address for sending complaints:
ARMODD GmbH
Königstraße 80
70173 Stuttgart
Germany
Complaint Procedure
The Complaint Procedure is an integral part of the Terms and Conditions of the e-shop operated at: www.armodd.com, of the Seller: ARMODD GmbH, (hereinafter referred to as the “Seller”), Company Reg. No. HRB 785744 with its registered office at Königstraße 80, 70173 Stuttgart, Germany and describes how to proceed when complaining about goods purchased from the Seller.
1. Introductory provisions
The Buyer’s rights from defective performance (hereinafter referred to as the “complaint”) must always be exercised in accordance with this Complaint Procedure. Matters not regulated by this Complaint Procedure are governed by the legal system of Germany. The Seller will familiarise the Buyer with this Complaint Procedure in an appropriate way and, at the Buyer’s request, will hand it over to them in text form. This Complaint Procedure is in accordance with Act No. 89/2012 Coll. Civil Code and Act No. 634/1992 Coll. On consumer protection as amended.
The Seller is not responsible for defects in the following cases:
- if the goods are used and the defect corresponds to the level of use or wear and tear that the goods had when the Buyer took them over,
- the defect arose on the item due to wear and tear caused by normal use, or if this results from the nature of the item (e.g. expiration of its useful life),
- the defect is caused by the Buyer due to improper use, storage, improper maintenance, intervention by the Buyer or mechanical damage,
- the defect arose as a result of an external event beyond the control of the Seller.
Complaints are not justified in cases where a defect or damage occurred:
- due to demonstrably incorrect use of the product (e.g. use contrary to the instructions for use or contrary to the instructions on the product packaging or use contrary to generally known rules of use of the product in question, operation with incorrect supply voltage, connection to unauthorised current sources) or due to other improper actions of the user;
- due to provably unauthorised interventions in the device, natural disaster, mechanical damage to the product or when seals were damaged or removed if the product is equipped with seals;
2. Application of complaint
The Buyer has the right to file a complaint with the Seller by delivering the goods to the address: ARMODD GmbH, Königstraße 80, 70173 Stuttgart, Germany
The Buyer is required to prove that they have the right to file a complaint, in particular to prove the date of purchase, either by presenting a receipt, a confirmation of the Seller’s obligations from defective performance on the warranty card, or in another plausible way. The Buyer is not entitled to make a complaint for a defect that has already been pointed out in the past, if a reasonable discount from the purchase price has been provided for it. The Buyer is required to provide contact information in the application for a complaint, especially the exact address to which the product is to be sent from the Seller. If the exercise of the right from defects should cause considerable difficulties for the consumer, especially because it is not possible to transport the item to the place of application of the complaint in a normal way or it is a product that is built-in or part of the property, the Seller will assess the defect themselves, in agreement with the Buyer, either at the site, or in another way. In such a case, the Buyer is required to provide the Seller with the necessary cooperation.
3. Responsibility of the Seller
When selling goods, the Seller is responsible for ensuring that the goods have the specified quality, quantity, measure and weight. The goods must be free of defects and must comply with technical standards.
4. Liability for defects and warranty period
The Seller is liable to the customer for the fact that the item is free of defects upon receipt. If a defect becomes apparent within 6 months of the receipt of the item by the customer, it is assumed that the item was already defective at the time of receipt, unless proven otherwise.
The Buyer has rights from defects according to this article of the Complaints Procedure. The Buyer can demand the delivery of a new item without defects only if this is not unreasonable due to the nature of the defect. If the defect concerns only a part of the item, the Buyer can only request the replacement of the part. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without unnecessary delay, the Buyer has the right to have the defect removed free of charge (see Sec. 2169 of Act No. 89/2012 Coll., the Civil Code).
5. The Seller is not liable
- for an item sold at a lower price because of a defect for which a lower price was agreed,
- for the wear and tear of the item caused by its usual use,
- in a used item, for a defect corresponding to the degree of use or wear and tear the item had when the customer took it over.
A defect caused by unprofessional assembly or other unprofessional commissioning of the item is considered a defect of the item if this assembly or commissioning was:
- agreed in the purchase contract and carried out by the Seller or another person under the responsibility of the Seller,
- carried out by the customer and the defect arose based on incorrect instructions given in the manual for assembly or commissioning the item.
A specific product for complaints are LCD monitors and televisions, which must meet certain provisions according to the ISO 13406-2 standard. Thus, only an LCD monitor or TV with a defect of three or more colour pixels (points on the screen) or six or more non-functioning sub-pixels can be recognised as a defective product and subsequently complained about.
The warranty period is two years. In the event of a purchase of already used goods, the period for exercising rights from defective performance is twenty-four months. This does not apply if the parties have reduced this time to half of the legal period in the case of already used goods.
The warranty period begins to run when the customer accepts the item. If the purchased item is to be put into operation by an entrepreneur other than the Seller, the warranty period will start to run only from the day the item is put into operation, if the customer has ordered the putting into operation no later than three weeks after accepting the item and has properly and timely provided the necessary cooperation to perform the service. The start of the warranty period is thus postponed only if all the above conditions are met. If any of them is not met, the warranty period begins to run from the day of accepting the item.
The time from the exercise of the right from liability for defects to the time when the customer was required to accept the item after the repair is not included in the warranty period (see Sec. 1922 of Act No. 89/2012 Coll., Civil Code).
The Seller is required to give the customer a confirmation of when they exercised the right, as well as of the repair and its duration.
6. Deadline for making complaints
Rights from liability for product defects for which the warranty period applies expire if they have not been exercised within the warranty period.
The Seller or an employee authorised by them will decide on the complaint immediately, in complex cases within three working days of receiving the goods, and will confirm this to the customer by email. This period does not include the time required for a professional assessment of the defect (see Sec. 19 of the Act on Consumer Protection). The period for handling complaints is suspended if the Seller has not received all the documents required for handling the complaint (parts of goods, other documents, etc.). The Seller is required to request additional documents from the Buyer in the shortest possible time. The period is suspended from this date until the requested documents are delivered by the Buyer. The complaint, including the removal of the defect, must be handled without undue delay, but no later than 30 days from the date of making the complaint, unless the Seller and the customer agree on a longer period. After the expiration of this period, the customer has the same rights as if it were a defect that cannot be removed. The period for handling the complaint begins on the day after the complaint is made (according to Sec. 605 of the Civil Code No. 89/2012 Coll.). The Seller undertakes to inform the Buyer by e-mail about the handling of the complaint no later than 30 days after receiving the complaint.
The customer can inquire about the outcome of the complaint with the Seller. When accepting the item for the complaint procedure, the Seller is not responsible for the Buyer’s data and information stored on HD, memories, or other information carriers that are part of the item accepted for complaint, or their possible loss.
7. Quality when accepting the item
The Seller declares that they hand over the goods to the Buyer in accordance with the provisions of Sec. 2161 of the Civil Code, i.e.:
- the goods have the properties that the Buyer and the Seller have agreed upon, and in the absence of such an agreement, such properties that the Seller or manufacturer have described or that the Buyer expected with regard to the nature of the goods and on the basis of their advertising,
- the goods are suitable for the purpose that the Seller states for their use or for which a thing of this type is usually used,
- the goods are in the appropriate quantity, measure or weight and the goods comply with the requirements of legal regulations.
In the event that the goods upon acceptance by the Buyer do not meet the above-mentioned requirements, the Buyer has the right to delivery of new goods without defects, if this is not unreasonable due to the nature of the item. If the defect concerns only a part of the thing, the Buyer can only demand the replacement of the part; if this is not possible, they can withdraw from the contract and demand a full refund of the purchase price. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without unnecessary delay, the Buyer has the right to have the defect removed free of charge.
If the Buyer does not withdraw from the contract or if they do not exercise the right to deliver new goods without defects, to replace a part of it or to repair it, they can demand a reasonable discount from the purchase price. The Buyer has the right to a reasonable discount even if the Seller cannot supply new goods without defects, replace their parts or repair the goods, as well as if the Seller does not remedy the situation in a reasonable time or if the remedy would cause significant difficulties for the consumer.
If a defect becomes apparent within 6 months of the receipt of the item by the customer, it is assumed that the item was already defective at the time of receipt.
8. Rights from defects
If the defect is rectifiable, it is always considered an insignificant breach of the contract. In such a case, the customer has the right to have the defect remove by repairing or replacing the item, if this is not unreasonable due to the nature of the defect.
If the defect cannot be removed by repairing the item, the customer has the right to receive a new item free of defects. If the defect cannot be removed either by repairing the item or by delivering a new item free of defects, the customer has the right to a reasonable discount on the price or the right to withdraw from the contract.
If the Seller does not remove the defects within a reasonable period of time, or if they inform the Buyer that they will not remove the defect, or refuses to remove the defect, the Buyer may demand a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract. The choice made cannot be changed by the Buyer without the consent of the Seller.
The Buyer cannot withdraw from the contract or demand the delivery of a new item if they cannot return the item in the condition in which they received it. This does not apply in the cases specified in Sec. 2110 of Act No. 89/2012 Coll. (Civil Code).
The right from defective performance does not belong to the Buyer if the Buyer knew before accepting the item that the item had a defect, or if the Buyer caused the defect themselves.
If the item has a defect for which the Seller is liable, and if the item is sold at a lower price or a used item, the Buyer has the right to a reasonable discount instead of the right to exchange the item.
9. Reoccurrence of defects
The customer has the right to the delivery of a new item, replacement of a part, a reasonable discount on the price of the item, or withdrawal from the contract if they cannot properly use the item due to the reappearance of a defect after repair or due to a larger number of defects.
Reoccurrence of a defect after repair only happens if the same defect, which has already been removed at least twice during the warranty period, occurs again. This is not the case if, after the previous repair, a defect other than the one complained about appears on the item.
The item suffers from a greater number of defects if it has at least three removable defects at the time of the complaint.
10. Cooperation of the customer
The customer is required to provide the Seller, without delay, with all cooperation to verify the existence of the claimed defect and to remove it (including the corresponding necessary testing or dismantling of the product).
The customer is required to hand over the complete product to the Seller. In the event that the product is not delivered complete and if the completeness of the product is necessary to establish the existence of the claimed defect and/or to remove it, the period for handling the complaint begins to run only with the delivery of the missing components.
In particular, the customer is required to hand over the product clean in accordance with hygiene regulations or general hygiene principles, including all its components and accessories, enabling such verification and removal of the defect.
11. Return of goods after repair
The Seller will send the product to the Buyer’s address, which the Buyer specified in the request for claiming the defect.
12. Complaint costs and dispute resolution
If the complaint is recognised as justified, the Buyer has the right to reimbursement of purposefully incurred costs associated with the exercise of their right.
In the event that the Seller rejects the complaint as unjustified, the Buyer, or by agreement with the Seller both parties, can turn to an expert witness in the field and request the processing of an independent expert assessment of the defect.
If no agreement is reached between the Buyer and the Seller, the Buyer can turn to the relevant court.
13. Final provisions
This Complaint Procedure is valid and effective from 28/07/2022 and cancels the previous wording of the Complaint Procedure, including all parts and attachments, and is available at www.armodd.com/complaint-procedure/
APPENDICES
Form for the withdrawal from the purchase contract
Form for the exchange of goods
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