Reclamation

The Purchaser shall be entitled to make a claim against the Seller or a person designated for repair without undue delay after detecting the defect. If the claim is made in writing or electronically, it should include the Purchaser's contact data, description of the defect and requirement regarding the method of the claim settlement.

The form is available for download here – www.ventilatory.net/reclamation-form.pdf

The Purchaser is obliged to inform the Seller at the time of notifying the defect, or immediately after notifying the defect, which right of option it has selected. Any change of the selected option without the consent of the Seller shall only be possible if the Purchaser has requested to repair a defect that has turned out to be irremovable.

Should the Purchaser fail to select its right of option resulting from a serious breach of the contract in time, it has the same rights of option as with a minor breach of the contract.

The Purchaser shall be obliged to prove the purchase of the goods (preferably by a purchase receipt). The time limit for settling a claim shall start running from handover/delivery of the goods to the Seller or to the place designated for repair. The goods should be packed during the transport in a suitable packaging in order to avoid any damage, they should be clean and complete.

The Seller is obliged to decide immediately, however not later than within three business days, on the claim or about the fact that the decision requires expert assessment. The information regarding the need of expert assessment shall be provided to the Purchaser within this time limit. The Seller shall settle the claim, including the defect removal, without undue delay, however not later than within 30 days from making the claim, unless the Seller agrees with the Purchaser in writing upon a longer time limit. After the expiry of this time limit, the Purchaser has the same rights as it concerns a serious breach of the contract.

Should the Seller refuse to remove the defect of the goods, the Purchaser is entitled to require a reasonable discount from the price or to withdraw from the contract.

The warranty period shall be extended by the time from making the claim until its settlement or until the time when the Purchaser has been obliged to collect the goods. If the goods or any of their parts have been replaced, the Seller's responsibility shall apply as it involves a purchase of new goods or their parts.

If it is not possible to monitor online the status of the claim settlement, the Seller undertakes to inform the Purchaser on settling the claim by email or via SMS according to its demand.

As for justified claims, the Purchaser is entitled to reimbursement of reasonably incurred costs.

The warranty does not apply to defects caused by:

• Inappropriate use and project,
• Improper handling (not applicable to mechanical damage),
• Transport (compensation for damage incurred during transport need to be applied with the carrier),
• Improper assembly, improper electrical wiring or protection,
• Improper operation,
• Unqualified interference with the device, dismantling the device,
• Use in inappropriate conditions or an improper manner,
• Wear and tear due to normal use,
• Intervention of a third party,
• Natural disaster.

When exercising the warranty, it is necessary to provide a claim protocol, containing:

• Data on the Purchaser,
• Date and number of the sales receipt,
• Exact specification of the defect,
• Diagram and specification of protection,
• Measured values when starting the device operation: 
• Voltage,
• Current,
• Static pressure difference,
• Air flow,
• Air temperature.

Any warranty repair shall be essentially made based on the decision of VSM Teplice – Stanislav Med in the company service station, by a service technician on the site of installation (after agreement and completing the claim form), or by a service technician of the manufacturer of the goods delivered. The method of removing the defect is solely based on the decision of the service station of VSM Teplice – Stanislav Med. The claimant shall receive a written statement on the result of the claim. If the claim is unjustified, all costs for its settlement shall be paid by the claimant. The device must be installed by a professional company specialized in air-conditioning, and electrical wiring must be performed by a professional company specialized in electrical engineering. The device must undergo an initial revision of electrical equipment according to CSN 33 1500. The device must be professionally regulated. When starting the device, the above stated values need to be measured and recorded. Such a record must be confirmed by the company putting the device into operation, and together with the record on the initial revision and with the data on the motor protection must be provided with any claim. During the period of operation, the following activities must be carried out regularly: revision of electrical equipment at intervals according to CSN 33 1500, inspections, maintenance and cleaning of the air-conditioning equipment, including checks of the pipe network regulation (the operating point of the system must lie in the permitted area of the working characteristics of the fan, and the fan flow cannot exceed the nominal value).

Order Cancellation and Withdrawal from the Contract

The Purchaser is entitled to withdraw from the contract within 14 days from receipt of the goods or the last part of delivery, regardless of the method of the goods receipt or payment. The respective time limit is intended to allow the Purchaser to get familiar with the nature, characteristics and functioning of the goods to a reasonable extent.

The Purchaser shall be entitled to withdraw from the contract anytime before delivery of the goods, outside the exceptions stated in this section.

The Purchaser shall send or give the notice of withdrawal to the Seller within a 14-day time limit. The Purchaser does not have to provide the reason for which the Purchaser terminates the contract. In order to facilitate the communication, it is appropriate to state in the notice of withdrawal the date of purchase or the number of contract / sales receipt, bank details, and the selected method for returning the goods.

The Seller is obliged to return the sum fully corresponding to the goods price and the costs paid for their delivery to the Purchaser within 14 days from withdrawal from the contract, using the same method by which the Seller accepted the payment from the Purchaser. If the Seller offers several options within any specific method of the goods delivery, the Seller is obliged to reimburse to the Purchaser the cheapest one of them. The Purchaser is obliged to send or hand over the purchased goods to the Seller within the same time limit at the latest. The goods should be returned to the Seller (not as cash on delivery) complete, preferably in the original packaging, including fillings, clean, and without any signs of wear or damage. Costs of returning the goods shall be borne by the Purchaser.

If the Purchaser returns the goods in person at the business premises, the Seller shall return the above-stated payments within 7 days from withdrawal from the contract to the Purchaser's bank account provided in the form of withdrawal from the contract.

If the goods returned are damaged due to the breach of the Purchaser's obligations, the Seller shall be entitled to claim from the Purchaser a compensation for diminished value of the goods and offset it against the reimbursed payment.

The Purchaser acknowledges that, if any gifts are provided with the goods, the deed of gift is entered into between the Seller and the Purchaser on condition that, should the consumer exercise its right to withdraw from the contract, the deed of gift shall cease to be effective, and the Purchaser is obliged to return not only the goods but also the relating gifts provided. If such gifts are not returned, these values shall be seen as unjust enrichment of the Purchaser. 

Except for cases where withdrawal from the contract has been explicitly stipulated, the consumer is not entitled to withdraw from service contracts on condition that the performance has been made with the prior express consent of the Purchaser before the time limit for withdrawing from the contract has lapsed; from contracts for providing services or supplying goods where the price depends on fluctuations of the financial market beyond the control of the Seller; from contracts to supply goods designed as desired by the consumer, or for the consumer himself/herself; and from contracts for goods that have been irretrievably missed with other goods, or that have been removed from a sealed packaging and cannot be returned back for health reasons.

The template of withdrawal from the contract – https://en.ventilatory.net/notice-of-withdrawal-from-the-contract.pdf

Termination of the contract by the Purchaser – entrepreneur

If the Purchaser is an entrepreneur, the Seller states that it is possible to offer the Purchaser an agreement on termination of the purchase contract depending on the condition of the returned goods, expired guarantee and the actual price of the returned goods. The condition of the goods shall be assessed by the Seller. Should the parties fail to agree upon acceptable conditions, the goods shall be returned at the expense of the Seller. The Seller is entitled to charge the Purchaser any other costs incurred.