Customer Complaints Code

I. General Provisions

The Customer Complaints Code is an integral part of the General Business Terms of the Seller, Alza.sk s.r.o., CIN 36562939, officially registered at Sliačska 1/D, 831 02 Bratislava-Nové Mesto, incorporated in the Commercial Register maintained by the Municipal Court in Bratislava I, sp. no. (hereafter referred to as the "Seller" or "Alza"), and describes how to claim the products purchased at Alza.

The Buyer is obligated to acquaint himself with the Customer Complaints Code and the General Terms and Conditions (hereafter referred to as the "GBT") before ordering any items. At the same time, the Buyer acknowledges that he is obliged to provide Alza with the level of co-operation necessary to resolve the claim, failing which the time-limit for the claim procedure will be extended by the time the Buyer did not provide the required cooperation.

By entering the purchase agreement and accepting items from the Seller, the Buyer agrees to this Customer Complaints Code.

Definitions of the terms contained in this Customer Complaints Code take precedence over the definitions as contained in the GBT. If this Customer Complaints Code does not define a term, the meaning is understood as defined in the GBT. If the GBT does not define it either, it is understood to have the meaning used in legislation.

Repair services covered by a purchased or contracted service are solely governed by the terms of the particular service.

II. Quality Guarantee

As proof of warranty, Alza issues a proof of purchase (invoice) with the legal data required for the claim procedure (e.g. the name of the product, warranty period, price, quantity, serial number).

At the express request of the Buyer, Alza can also provide the warranty in the form of a warranty card. By default, however, and if possible, the Seller provides the Buyer with a proof of purchase of the item, which contains all the necessary data.

If it is necessary for the warranty provided, Alza will explain the content of the warranty in a warranty card in an understandable manner, specifying its scope, conditions, duration and the way in which claims can be exercised. Alza will also state in the warranty card that the warranty does not limit or infringe the Buyer's rights related to the purchase of the product.

1. Time Period for Claiming Defective Performance

The time period for claiming defective performance starts on the date the Buyer receives the product, i.e. on the date listed on the purchase receipt or on the warranty card.

The time period is:

• 24 months for new (including unpacked) items;          
• 21 months for refurbished items (refurbished items are used items that have been checked by our specialists and are marked accordingly);            
• 12 months for used items (used items means products marked as such, which have been used or serviced, have no defects, and the completeness of the packaging does not prevent full use of the product).

For consumer products (e.g. cosmetics, drugstore items, etc.) the Buyer is entitled to claim defective performance within twenty-four (24) months, unless the expiration date is stated on the packaging, in which case the period is shortened to last until the date marked on the packaging.

The length of the warranty period is always indicated on the warranty card (in the warranty column). The warranty period consists of the statutory period (24 months) and, if applicable, an extended warranty period, but this is not the same as the paid "Extended Warranty" service, the terms of which are governed exclusively by the terms of that service.

The warranty period is further extended by the period for which the goods have been in the claim process. Any rights of liability for defects in the goods for which the warranty period applies shall be terminated if they have not been exercised within the warranty period.

When the Buyer is a consumer, within the statutory warranty period, claims are governed by Act No. 40/1964 Coll., the Civil Code and Act No. 250/2007 Coll., on Consumer Protection, both laws in the valid and effective wording, taking into account the clarifications in this Customer Complaints Code. For extended warranty periods, claims shall be governed by this Customer Complaints Code exclusively.

2. Quality Upon Takeover

The Seller is obligated to ensure that the Buyer's purchased product has no defects upon takeover. In particular, the Seller is obligated to ensure that at the time when the Buyer receives the product,

• the product has all the properties agreed on by both parties, and if such agreement does not exist, the product properties must be as described by the Seller or the manufacturer, or what the Buyer expects based on the nature of the product and the advertising made by the Seller or manufacturer.
• the product is suitable for the purpose indicated by the Seller or for the purpose the particular product type is normally used.
• the product is delivered in the appropriate quantity, volume, or weight.              
• the product meets necessary legal requirements.

If a defect occurs within six months of the takeover, it is assumed that the product was defective at the time of purchase by the Buyer, unless the Seller can prove otherwise.

III. Warranty Terms and Conditions

1. Quality Inspection

The Buyer who is not a consumer is obliged, and the Buyer who is a consumer is advised, immediately upon delivery, to check the condition of the consignment in cooperation with the shipping company representative (namely the number of packages, undamaged sealing tape bearing the company logo and undamaged packaging) as per the delivery note. The Buyer is entitled to refuse to accept a consignment that does not conform to the purchase contract on the grounds that the consignment is, for example, incomplete or damaged. If the Buyer accepts the damaged consignment from the shipping agent, the damage must be described in the shipping agent's handover report.

Any incomplete or damaged consignment must be reported immediately by e-mail to the address: [email protected] , and a damage report must be drawn up with the shipping company and sent to the Seller by fax, e-mail or post without undue delay. The statutory warranty period is not affected thereby. Any subsequent claims of incomplete delivery or damaged packaging do not limit the Buyer’s right to claim the warranty; yet, they allow Alza to prove that the same do not represent a conflict with the purchase agreement.

2. Warranty Claims

Any claims should be filed to Alza.sk – Mlynské Nivy 19034/5a, 821 09 Bratislava, or if the Buyer is a consumer, they may can claim the goods at any store of the Seller (to speed up the processing of the claim, however, we recommend the above-mentioned address). However, if the warranty card of the goods indicates an authorised service center that is in the Seller's location or in a location closer to the Buyer, the Buyer shall exercise their right at the authorised service center (see the list of authorised service centers at www.alza.sk in the section "Authorised Service Centers").

If the goods were purchased by a Buyer who is also an entrepreneur, the Buyer must file a claim directly and only with an authorised service center. In this case, the claim shall be governed by the terms and conditions of the authorised repair service.

The Buyer can send the defective goods for assessment using a shipping service to the Seller's address or to an authorised service. Claimed goods should be carefully secured to prevent damage during transport, the parcel should be visibly marked "CLAIM" and contain the following: the claimed goods (including the complete set of accessories), we recommend enclosing a copy of the purchase receipt, a detailed description of the defect and the necessary contact details of the Buyer (especially the return address and telephone number). Without the above, it will be impossible to identify both the origin and the defect of the goods. This procedure is also recommended to the Buyer-Consumer, unless they can identify themselves and substantiate their claims otherwise. It is also recommended to choose the preferred method of settling the claim (repair, replacement, credit note).

Alza or an authorised service will issue the buyer with a written confirmation of when the claim was filed, scope of claim, what solution is requested, immediately after receiving the claim. In the case of filing a claim, the confirmation is immediately, in all cases sent via e-mail. The confirmation serves only as proof of receipt of the claim. The condition of the goods in which the Buyer has handed over these goods to Alza will be assessed as part of the claims procedure.

A Buyer who is not a consumer shall prove the validity of the warranty by presenting the purchase receipt, and, if the goods have been claimed in the past, the Buyer shall also present the proof of claim. The delivery note (purchase receipt or claim document) must bear the same serial number as the product being claimed (if the product has a serial number). This procedure is also recommended for the Buyer who is a consumer, unless they can identify themselves and substantiate their claims otherwise.

The Buyer acknowledges that if the claimed goods are not submitted to Alza with all parts and accessories pertaining thereto, the Buyer – if withdrawing from the agreement – will be refunded the purchase price less the price of the parts and accessories not submitted.

3. Compatibility

Compatibility of the purchased parts with other parts not approved by Alza, manufacturer or goods provider is not guaranteed; nor is the compatibility with software applications whose functions have not been explicitly requested by the Buyer in the written order, unless such compatibility is common to similar goods or unless Alza explicitly states that the goods in question are (are not) compatible only with the items listed.

The Seller does not guarantee the full functionality of application software in versions that are not suitable (not created) for the ordered operating system, unless such functionality of similar products is common and unless it has been expressly stated by the Seller within the description of the product that the product is only compatible with the specified software list or not compatible with the specified software list. The Seller accepts no liability for any problems caused by the limited functionality of applications that do not meet this condition.

The warranty does not cover errors caused by the use of incorrect or defective software, improper consumables, or any damages resulting therefrom if such use is not customary and has not been excluded in the enclosed instructions for use. Furthermore, the warranty does not cover defects caused by incorrect operation, improper or inappropriate handling, use and installation contrary to the user manual or damage caused by the effects of surges in the power grid (e.g. lightning), except for normal fluctuations.

4. Limitations

If the protective seal, information sticker or serial number is damaged, the Buyer risks that the claim will be rejected; unless the same have been damaged in the course of ordinary use of the goods in question. The seals and serial number constitute an integral part of the goods and as such do not limit the customer in using and handling the goods within the extent to which the goods have been designated.

The warranty further does not apply to the damage caused by or resulting from the following activities (however, only if such activity is not usual and at the same time is not prohibited in the enclosed instructions for use):

These limitations do not apply to cases where the characteristics of the goods being in conflict with the above have been explicitly agreed on or stipulated by and between the Buyer and Alza or declared by Alza; or to cases where the same can be expected with reference to the advertisement or usual use of the goods.

A warranty arranged with respect to the purchased software applies only to the physical readability of the media (the media cannot be scratched, etc.). The Buyer becomes a legitimate user of a software product and accepts the licence terms and conditions of the software manufacturer once the protective elements (foil, seal, envelope, etc.) are removed or once the digital version is downloaded. This does not apply to the conflict with the purchase agreement (see below).

5. Tests

The claimed goods are tested only for the defects claimed by the Buyer (as claimed in the claims form or enclosed document describing the defects in question). Alza recommends describing the defects in writing, whether in paper or electronic form.

If the technician determines that the cause of the problems is not the claimed product (e.g. computer), but incorrect installation of software (operating system, antivirus program), if the data has been corrupted by improper operation of an application (e.g. games, viruses) not supplied by the Seller, or if the data has been corrupted by the Buyer or a third party, the claim will be rejected. If the Buyer agrees to a paid repair, the Buyer will be charged the amount stipulated in the valid price list of the authorised service centre.

The Buyer acknowledges that the repairs for consideration are not provided for directly by Alza but rather facilitated by Alza whereby Alza only orders the repairs with the authorised service centres or communicates the repairs, transport, etc. with the authorised service centres. Alza assumes no liability for the repairs made.

Before the goods are repaired, the Buyer is informed about the price, extent and time necessary for the repair. The repair is made within 60 days from the day after the goods are received by Alza. The goods can be repaired for consideration only if the Buyer so explicitly agrees (resp. only under the executed services agreement) after having received the information stipulated in the preceding sentence.

If the claim is rejected, the Buyer acknowledges that Alza may and can re-invoice to the Buyer the costs charged by the authorised service centre for diagnosing the defect and shipping the goods back as stipulated in the price list of the authorised service centre in question (applicable to Buyers-entrepreneurs only).

6. Backup

When claiming the warranty or repair of a PC system or backup device, the Buyer is to back up the necessary data accordingly and prevent the same from potential misuse or damage. Alza assumes no liability for any loss, damage or misuse of data stored in the backup device of a PC system.

The backup device is a device prone to objective defects of a random character. Alza hereby notifies the Buyer as of this fact and recommends that the user data be systematically backed up and stored on appropriate devices (ZIP, Cloud, DVD, etc.). The arranged warranty is not affected thereby.

The Buyer acknowledges that if, as part of the handled claim, the defective backup device is replaced the original device will not be returned.

7. Dirty Goods

Alza has a right to refuse to accept the claimed goods if the goods in question and/or parts thereof are dirty or do not comply with the basic sanitary and security requirements for claiming the warranty.

8. Security

If the goods are protected by a traditional or gesture password or otherwise, the Buyer must cancel this protection when claiming the warranty or disclose the password in the description of the defect claimed; otherwise, Alza has a right to refuse to accept the claimed goods. The same applies also to BIOS or firmware or access to the storage space of the device in question. Without full access, the device cannot be repaired or its defect diagnosed and the claiming procedure cannot be commenced unless the Buyer meets the duty stipulated herein.

If the device is protected by an active anti-theft service (Apple Find my iPhone, iPodtouch, MacBook, Intel anti-theft, etc.), this service must be deactivated by the Buyer before the device is submitted and the warranty claimed; otherwise, Alza has a right to refuse to accept the claimed goods and the claiming procedure can be commenced only after the Buyer meets the duty stipulated herein.

9. Default Settings, Modification of the Purchased Goods or Services by the Buyer

The Buyer is hereby notified of the need to restore the default settings of the claimed goods (namely the added or replaced operating memory modules, hard disks and SSD in laptops and PCs) before claiming the warranty. Alza assumes no liability for such components, especially if the same are not explicitly stated in the claim.

The original components must be retained so that their warranty (if any) can be claimed in the future and the purchase agreement terminated.

If the Buyer hands over goods that are not in the factory configuration, i.e. that have been modified by the Buyer or at the Buyer's request, the Buyer acknowledges that the service intervention may result in the devaluation of such modification, without the possibility of replacement. If the goods are modified, the Buyer must keep the original components.

Modifications made by the Buyer are for example:

• (a) adding or replacing operating memory, hard drives or SSDs in laptops and computers
• (b) application of protective glass to a phone or similar device, application of a skin or sticker to a device, patch on clothing and similar modifications.

10. LCD Displays

Given the amount of LCD panel pixels, the loss of pixels (faults) cannot be prevented with respect to the technology used. Therefore, ISO standard (ISO 13406-2) grouping the monitors into four quality classes with the maximum number of allowed defective pixels or clusters have been set for each class. A cluster is a square of 5x5 pixels. Unless stated otherwise, the goods offered by Alza are classified as Class 2 goods.

Defective pixel:

• Type 1 – a hot pixel (always on, white).
• Type 2 – a dead pixel (always off, black).
• Type 3 – a stuck pixel (sub-pixel, always on or always off, other than desired colour)

Defective cluster:

• Type 1 defective cluster – more than one type 1 or type 2 faults
• Type 2 defective cluster – more than one type 3 faults

Maximum number of faults (per type) per 1 million pixels:

IV. Handled Claims

1. Buyer – Consumer

A. Consumer's rights when exercising the statutory warranty

• If the defect is repairable, The Buyer has the right to free, proper and timely removal of the defect, the right to replacement of the defective goods or defective part, unless this is disproportionate due to the nature of the defect. If such a procedure is not possible, the Buyer shall have the right to a reasonable discount on the purchase price or to withdraw from the contract of sale,
• if the defect is irreparable and prevents the proper use of the goods, the Buyer has the right to have the defective goods replaced or to withdraw from the contract of sale; the same rights belong to the consumer if the defects are irreparable, but if the Buyer cannot use the goods properly because of the recurrence of the defect after the repair or because of a greater number of defects. In particular, a recurrence of a defect shall be deemed to have occurred if the same defect preventing proper use, which has already been rectified at least twice during the warranty period, occurs again. More than one defect shall be understood as if the item has at least three defects preventing its proper use at the same time,
• if the defects are not irreparable and the consumer does not request replacement, the consumer shall be entitled to a reasonable reduction in the purchase price or to withdraw from the contract of sale.

The choice of how to settle the claim is made by the Buyer. The Seller shall draw the Buyer's attention to any potential inappropriateness of the choice and suggest an appropriate method (in particular in the case where the Buyer requests a method relating to a repairable defect, but the Seller finds that the defect is irreparable). If the consumer does not choose the method of settling the claim within a reasonable period of time provided by the Seller, the Seller shall choose the method of settling the claim at its own discretion.

In the case of a discount, it is not possible to later claim the goods for the fault for which the discount was granted.

When the Buyer is a consumer, the Seller will resolve the claim immediately, in complex cases within three working days. This time limit does not include the time, appropriate to the type of product or service, needed for a professional assessment of the defect. The Seller shall handle the claim, including the rectification of the defect, without undue delay, at the latest within 30 days from the date of the claim. After the expiry of this period, 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 rectified. This time limit is also binding for the Buyer who is an entrepreneur.

If the consumer has filed a claim within the first 12 months of purchase, the Seller can only reject it on the basis of a professional assessment. The Seller shall provide the consumer with a copy of the professional assessment within 14 days from the settlement of the claim. If the Seller rejects the claim after 12 months from the date of purchase, the Seller must indicate on the processing document to whom the Buyer may send the product for expert assessment. If the consumer proves that the Seller is liable for the defect, the consumer may reassert the claim. Any reasonable costs incurred in connection with the professional assessment shall be borne by the Seller, who shall pay them to the consumer within 14 days of the date of the reasserted claim. The reasserted claim cannot be rejected by the Seller.

If the claim has been settled within the statutory warranty period by replacement of the defective item with a new one, the warranty period shall start again from the date of settlement of the claim.

The Seller shall issue the Buyer a written confirmation of when the claim was submitted, what is its content, and what method of settlement of the claim is requested. The confirmation will be made by email upon submission of the claim; furthermore, the Buyer will receive a confirmation of the date and method of settlement of the claim, including a confirmation of the repair and the duration of the claim, or a justification of the rejection of the claim.

The Buyer is entitled to reimbursement of the necessary costs (in particular the postage costs paid by the Buyer when sending the claimed goods) incurred by the Buyer in connection with the exercise of his/her legitimate rights under the liability for defects (we recommend that you apply within 30 days after the claim has been settled – the statutory time limit is not affected) if the costs have been incurred genuinely and expediently. In the event of withdrawal from the contract due to a defect in the item, the consumer is also entitled to reimbursement of the costs of such withdrawal.

B. Compliance with purchase contract

In the event that the goods are not in conformity with the purchase contract upon receipt by the Buyer (hereinafter referred to as "non-compliance with purchase contract"), the Buyer shall have the right to have the Seller restore the goods to a condition conforming to the purchase contract, free of charge and without undue delay, either by replacing the goods or by repairing them, as requested by the Buyer. If such a procedure is not possible, the Buyer may demand a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the Buyer was aware of the breach of the purchase contract prior to taking delivery of the item or if the Buyer himself/herself caused the breach of the purchase contract. A conflict with the purchase contract which manifests itself within six months of the date of acceptance of the goods shall be deemed to have already existed at the time of acceptance, unless this is contradicted by the nature of the goods or the contrary is proved.

Compliance with the purchase contract shall be understood in particular to mean that the item sold has the quality and performance required by the contract, described by the Seller, the manufacturer or its representative, expected on the basis of their advertising, or has the quality and performance typical for the item, that it complies with the requirements of the law, is delivered in the appropriate quantity, size or weight, and corresponds to the purpose specified by the Seller, or for which the item is normally used.

2. Buyer – Entrepreneur

The deadline for exercising rights from Defective Performance and individual rights from Defective Performance are the same as of April 13, 2023, both for a buyer who is a consumer and for a buyer who is an entrepreneur. (if you purchased before April 13, 2023, you can find an older version of the customer code here).

If the defect can be rectified, the goods will be repaired. If repair is not possible and the nature of the defect does not prevent normal use, the Seller may agree with the Buyer on a reasonable discount on the price of the goods. In the case of a discount, it is not possible to claim the defect at a later date.

If the defect cannot be rectified and prevents the item from being used in the same way as an item without defect, the Seller has the right to replace the defective goods with goods of the same or similar utility or issue a credit note.

If the claim has been settled within the statutory warranty period by replacement of the defective item with a new one, the warranty period shall be extended by the duration of the claim.

In the event of failure to collect the claimed goods within one month from the date when the claim should have been processed, and, if it was processed later, within one month from the date of notification that the claim has been processed (i.e. generally within 60 days from the date the claim has been filed), the Seller is entitled to charge a storage fee of € 0.5 per day, including VAT, collectable upon handover of the claimed goods.

If the Buyer fails to collect the item within two months from the date on which he or she was obliged to collect it, the Seller has the right to sell the item. The Seller shall inform the Buyer of the intended sale and give him or her a reasonable additional period of time to collect the item. If the uncollected item is sold, the Seller shall pay the Buyer the proceeds of the sale less the cost of repair or alteration, the storage fee and the cost of sale. The Buyer must claim the sale proceeds from the Seller.

3. Common Provisions

After a legitimate claim has been settled, the warranty period is extended by the duration of the claim. In the event of an unjustified claim, the warranty period shall not be extended. The duration of the claim shall be calculated from the day after the claim is made until the date of the claim, i.e. the date on which the Buyer was obliged to collect the item. The customer is informed of the settlement by e-mail, which he/she indicated at the time of purchase..

If the Buyer has full registration (name, surname, address and contact e-mail), Alza will refund the credited sum by means of special gift vouchers (Alza Credit), which can be used according to the terms and conditions of the Alza Credit service, to which the Buyer agrees by concluding the purchase contract. After the claim has been settled, the Seller shall notify the Buyer of the termination of the claim either by phone, text message or e-mail, and the Seller shall issue a written proof of the claim settlement within 30 days from the date of claim settlement at the latest. If the goods have been sent by a shipping service, they will be automatically sent to the Buyer's address after processing.

The Buyer is obliged to inspect the goods received and their compliance with the claim dispatch protocol. The Buyer shall further verify that the goods are complete, in particular whether the parcel contains everything it is supposed to contain. Later objections will not be taken into account. These arrangements are without prejudice to the statutory time limit for the exercise of rights arising from defective performance.

When the goods are dispatched after the claim has been settled or when a credit note is refunded, the Buyer is obliged to present the document on the basis of which the item was accepted for the claim and must prove his/her identity with an ID card or a valid travel document. If the Buyer is a legal entity, the handover of the goods or the reimbursement of a credit note shall be made only to the statutory body of the legal entity or to a person who presents a certified power of attorney.

V. Consumables

Purchased consumables (cartridges, toners, print heads, press cylinders, projector lamps, batteries, illumination, etc.), whether alone or constituting a component of the purchased goods, are subject to a lifetime warranty rather than quality. The lifetime can be expressed in terms of time, best before date, number of use, number of printed pages, etc. whereby several lifetimes can apply concurrently. The lifetime warranty cannot be claimed unless all of the stipulated terms and conditions are met.

The Buyer’s right to claim the warranty in the warranty period is not affected thereby. In claiming the warranty, however, the Buyer must take the above into account as the warranty does not apply to the ordinary wear and tear caused by common use of the goods and as such cannot be confused with the lifetime of the goods in question. Lifetime represents the tendency of the goods in question to become worn and torn if used in a usual way. If the goods are used (i.e. not owned) for a period exceeding the usual lifetime of the goods in question, the defect is likely to be caused by ordinary wear and tear; however, without prejudice to the warranty defect.

If not marked on the goods offered by Alza, the lifetime warranty cannot be claimed.

VI. Final Provisions

This Complaints Code comes into effect on 13 Aptil 2023, repealing the previous versions.

This Complaints Code is available for reference in the Alza central office, shops and the www.alza.sk website.