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Terms and Conditions

Below you will find information about the terms and conditions of sale and service that govern the purchase and provision of our services.

Terms and Conditions

General Terms and Conditions (hereinafter referred to as GTC) of the e-shop www.nbservis.cz, operated by NBSERVIS s.r.o.

1) Basic provisions

These GTC regulate the relations between the parties to the purchase contract, where on one side is NBSERVIS s.r.o. , ID 24199231, VAT CZ24199231, with registered office at nám. Jana Masaryka 2735, 27204 Kladno, registered by the Municipality of Kladno on 19.12.2011 as a seller and/or service provider and/or licensor (hereinafter referred to as the “Seller”) and on the other side is the buyer and/or customer, who may also be a consumer (hereinafter referred to as the “Buyer”). Further information about the Seller is provided on the website www.nbservis.cz.
Where the Seller acts as a provider, it provides services and/or license rights according to its current offer to individual buyers according to their requirements at the price and on the terms and conditions specified for the specific offer of services and/or license rights, and these GTC shall apply in relation to the respective contract, unless otherwise stated.

The buyer is a consumer or entrepreneur.

A consumer is a natural person who, when concluding and performing a purchase contract with the seller, is not acting within the scope of his trade or other business activity or within the scope of his independent exercise of his profession.

Legal relations between the Seller and the Consumer not expressly regulated by these GTC shall be governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, both as amended and in force, as well as related regulations.

Entrepreneur means:

– a person registered in the Commercial Register,
– a person who operates on the basis of a trade licence,
– a person carrying on business on the basis of a licence other than a trade licence under special regulations, and
– a person who carries out agricultural production and is entered in the register under a special regulation.

Legal relations between the Seller and the Buyer, who is an entrepreneur, not expressly regulated by these GTC or the contract between the Seller and the Buyer are governed by the relevant provisions of Act No. 513/1991 Coll., Commercial Code, as amended, as well as related regulations. In the event of any differences between the GTC and the individual contract, the text of the contract shall prevail.

By submitting an order, the Buyer confirms that he/she has read and agrees to these GTC, which form an integral part of the Complaints Procedure and the “Methods of Transport” document, the terms and conditions of the ordered service and/or the license granted, in the version valid and effective at the moment of sending the order. The Buyer will receive a copy of the GTC as an attachment to the order confirmation to the email address provided.

The Buyer is aware that the purchase of products included in the Seller’s commercial offer does not confer any rights to use registered trademarks, trade names, company logos or patents of the Seller or other companies, unless otherwise agreed in a specific contract.

Purchase contract

If the buyer is a consumer, the proposal for the conclusion of the purchase contract is the placement of the offered goods by the seller on the site, the purchase contract arises when the consumer sends the order and the seller accepts the order. The Seller shall immediately confirm this acceptance to the Buyer by an informative email to the specified email address, but this confirmation shall not affect the formation of the contract. This confirmation is accompanied by the current version of the GTC and the Seller’s Complaints Procedure. The resulting contract (including the agreed price) may only be amended or cancelled by agreement of the parties or on the basis of legal grounds. For an exception to this procedure, see section V. Ordering.
If the Buyer is an entrepreneur, the proposal for the conclusion of the purchase contract is the order for goods sent by the Buyer to the entrepreneur and the purchase contract itself is concluded at the moment of delivery of the Seller’s binding consent to the Buyer to the entrepreneur’s proposal.
Relationships and any disputes arising under the contract shall be governed exclusively by the applicable law of the Czech Republic and shall be resolved by the courts of the Czech Republic. This is without prejudice to cases where the buyer is a consumer and is habitually resident in a state other than the Czech Republic and choice of law or prorogation of court will not be permitted.

The contract is concluded in the Czech language. If a translation of the text of the contract is created for the buyer’s needs, the interpretation of the contract in the Czech language shall apply in the event of a dispute over the interpretation of terms.

The concluded contract shall be archived by the Seller for at least five years from its conclusion, but no longer than the period according to the relevant legal regulations, for the purpose of its successful execution and shall not be accessible to third, uninvolved parties. Information on the individual technical steps leading to the conclusion of the contract is evident from these Terms and Conditions, where the process is clearly described. The buyer has the opportunity to check and, if necessary, correct the order before actually sending it. These T&C are available on the Seller’s individual portals and can thus be archived and reproduced by the Buyer.

The cost of using remote means of communication (telephone, internet, etc.) to place an order is at the normal rate, depending on the tariff of the telecommunications services used by the buyer.

1. Information security and protection

The Seller declares that all personal data is confidential, will be used only for the performance of the contract with the Buyer and the Seller’s marketing actions and will not be otherwise disclosed, provided to a third party, etc., except in situations related to distribution or payment related to the ordered goods (disclosure of the name and delivery address). The Seller shall act in such a way that the data subject does not suffer any prejudice to his/her rights, in particular the right to preserve human dignity, and shall also take care to protect against unwarranted interference with the private and personal life of the data subject. The personal data voluntarily provided by the Buyer to the Seller for the purpose of fulfilling the order and the Seller’s marketing actions are collected, processed and stored in accordance with the applicable laws of the Czech Republic, in particular Act No. 101/2000 Coll., on the protection of personal data, as amended and in force. The Buyer gives the Seller his consent to the collection and processing of these personal data for the purpose of fulfilling the subject of the concluded purchase contract and use for marketing purposes of the Seller (especially for sending commercial messages, telemarketing, sms), until his written expression of disagreement with this processing sent to NBSERVIS s.r.o., Nám. Jana Masaryka 2735, Kladno 27204. In this case, electronic form, in particular by e-mail sent to kladno@nsbservis.cz, is also considered as a written statement. The buyer has the right to access and correct his personal data.

III. Operating hours

Orders via the Seller’s online shops: 24 hours a day, 7 days a week

Receipt of orders for dispatch by the second working day in the Czech Republic: until 18:00

1. Prices

All prices are contractual. In the online e-shop are always current and valid prices. The prices are final, i.e. including VAT and all other taxes and charges that the consumer must pay to obtain the goods, but not including any charges for transport, etc.

The promotional prices are valid until the stock is sold out when the number of pieces of promotional goods is specified or for a specified period of time.

Ordering

The buyer will receive the goods at the price valid at the time of ordering. The Buyer Consumer has the opportunity to get acquainted with the total price including VAT and all other charges (PHE, etc.) before placing the order. This price will be stated in the order and in the message confirming receipt of the order of goods. The Buying Consumer shall have the opportunity to know before placing an order the period for which the offer or price remains valid.

– You can order in the following ways:
– via the electronic shop at www.shop.nbservis.cz (hereinafter referred to as “e-shop”)
– by electronic mail at kladno@nbservis.cz
– in person at the Seller’s premises

by phone The Seller recommends the Buyer to place orders via the e-shop

1. Withdrawal from the contract

Withdrawal from the contract by a buyer who is a consumer

In accordance with Section 53(7) of the Civil Code, the consumer buyer has the right to withdraw from the contract within 14 days of receipt of the goods if the contract was concluded by means of distance communication. If the consumer decides to exercise this right, he must deliver the withdrawal to the seller no later than the 14th day after receipt of the goods. The seller is only entitled to reimbursement of the costs actually incurred in returning the goods.

Please send your withdrawal and goods to:
NBSERVIS s.r.o., Nám. Jana Masaryka 2735, Kladno 27204

The consumer should return the goods complete, with full documentation, undamaged, clean, preferably including the original packaging, in the condition and value in which the goods were received. In the event that the returned goods are incomplete or damaged, the seller may reduce the returned purchase price by the corresponding amount (in accordance with Section 458(1) of the Civil Code).

1. Money for returned goods will be refunded to the consumer within 14 days of withdrawal.
2. Except where withdrawal is expressly provided for, consumers cannot withdraw from contracts:
3. for the provision of services, if the performance of the services was started with his consent before the expiry of the period of 14 days from the acceptance of the performance,
4. for the supply of goods or services the price of which depends on the fluctuations of the financial market independently of the will of the seller,
5. for the supply of goods which have been adapted to the consumer’s wishes or for his person, as well as goods which are subject to rapid deterioration, wear and tear or obsolescence,

the supply of audio and video recordings and computer programs if the consumer has damaged their original packaging,

for the supply of newspapers, periodicals and magazines,6. consisting in a game or lottery,

If the buyer decides to withdraw within the specified period, we recommend that the goods be delivered to the seller’s address together with an accompanying cover letter with the possible reason for withdrawal from the purchase contract (not a condition), with the number of the purchase receipt and the specified bank account number or with an indication of whether the amount will be withdrawn in cash or whether it will be drawn for further purchase.
The Buyer acknowledges that if gifts are provided with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the consumer’s right to withdraw from the contract pursuant to Section 53(7) of the Civil Code is exercised, the gift contract shall cease to be effective and the Buyer shall be obliged to return the goods together with the related gifts provided. In the event that these are not returned, these values shall be regarded as unjustified enrichment of the buyer.
If all of the above conditions for the return of goods are met, the Buyer shall be entitled to a refund of the sums paid in connection with the returned goods, which shall be returned to the Buyer within 30 days of withdrawal from the contract. If no account number is provided, the amount is automatically ready to be drawn down within the same period by means of a further purchase or to be collected in cash on presentation of the original credit note, which is sent to the customer without undue delay after the withdrawal has been resolved.

Withdrawal from the contract by a buyer who is an entrepreneur

If the buyer is an entrepreneur, the provisions of Section 436 et seq. of Act No. 513/1991 Coll., Commercial Code, as amended, shall apply. The Seller states that the Buyer may be offered an agreement to terminate the purchase contract depending on the condition of the returned goods, the loss of warranty and the current price of the returned goods. The condition of the goods is assessed by the seller. In the event of failure to agree terms acceptable to both parties, the goods will be returned at the seller’s expense. The Seller shall be entitled to charge the Buyer for any additional costs incurred.

When issuing a credit note, the buyer may be required to show ID to protect the buyer’s property rights. By submitting the OP, the buyer agrees to the processing of personal data according to point II (personal data within the meaning of Section 4 (a) of Act 101/2000 Coll., on the protection of personal data).

VII. Payment terms

1. The Seller accepts the following payment terms:
2. payment in cash upon purchase,
3. payment in advance by bank transfer,
4. cash on delivery (the cash is taken from the customer by the carrier – the buyer pays extra cash on delivery)
5. payment on invoice with due date

The goods shall remain the property of the seller until full payment and acceptance, but the risk of damage to the goods shall pass upon acceptance of the goods by the buyer.

VIII. Terms of delivery

Personal collection:

Only the buyer can take delivery of the goods. This person must be sufficiently identified and provide proof of a valid ID card or valid passport.

Shipping service – Czech Republic:

The goods can be sent to the buyer by shipping service, e.g. PPL or Czech Post s.p. The condition is the order received by 18:00. The carrier normally delivers shipments anywhere in the Czech Republic within 24 hours. The shipping price is according to the price list current on the day of the order. If the goods are not delivered to the buyer for reasons lying on the seller’s side within two working days (if the conditions are met and after the consumer has taken all the necessary steps, especially payment in advance, if this form is chosen), the buyer has the right to withdraw from the contract (this does not affect his other rights, such as the right to compensation for damages).
The buyer who is an entrepreneur is obliged (the buyer who is a consumer is recommended to follow this procedure) to check the condition of the parcel (number of parcels, intactness of the tape with the company logo, damage to the box) with the carrier immediately upon delivery according to the enclosed delivery note. The buyer is entitled to refuse to accept a shipment that is not in conformity with the purchase contract, e.g. because the shipment is incomplete or damaged. If the Buyer accepts such a damaged shipment from the carrier, it is necessary to describe the damage in the carrier’s handover report.

Incomplete or damaged shipments must be immediately reported by e-mail to kladno@nbservis.cz, a damage report must be drawn up with the carrier and sent to the seller by fax, e-mail or post without undue delay. An additional complaint of incompleteness or external damage to the shipment does not deprive the buyer of the right to claim the item, but gives the seller the opportunity to prove that there is no breach of the purchase contract.

1. Warranty conditions

The warranty conditions for the goods are governed by the Seller’s Complaints Procedure and the valid and effective legislation of the Czech Republic. The purchase document is usually used as a warranty certificate (see the Complaints Code for details).

2. Final provisions

These General Terms and Conditions are valid and effective from 1.10.2013 and repeal the previous version of the GTC. The Seller reserves the right to change the GTC without prior notice.

Complaints Procedure

1. General provisions

The Complaints Procedure is an integral part of the General Terms and Conditions of the Seller NBSERVIS s.r.o. , ID 24199231, VAT CZ24199231, with registered office at nám. Jana Masaryka 2735, 27204 Kladno, registered by the Municipality of Kladno on 19.12.2011, and describes the procedure of how to approach a complaint for goods purchased from the seller.

The buyer, who may be an entrepreneur or a consumer, is obliged to get acquainted with the Complaints Procedure and the General Terms and Conditions before ordering the goods.

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 Complaints 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 in the applicable and effective law.

Acceptance of the goods by entrepreneurs is the moment of their handover by the seller to the buyer or the first carrier. If the buyer is a consumer, the moment of receipt of the goods by the consumer from the seller or receipt from the carrier.

As a proof of warranty (warranty certificate), the Seller issues a purchase document (invoice or sales slip – hereinafter referred to as the warranty certificate) for each purchased goods with all the data required by law to claim the warranty (especially the name of the goods, length of warranty, price, quantity, serial number).

At the request of the buyer, the seller shall provide a guarantee in writing (guarantee certificate). The warranty certificate shall contain the Seller’s business name, identification number and registered office. However, as a standard, if the nature of the item so permits, the seller shall issue the buyer with a proof of purchase containing this information instead of a warranty certificate.

If necessary with respect to the warranty provided, the Seller shall explain in the warranty in a comprehensible manner the content of the warranty provided, its scope, conditions, duration and the manner in which claims arising from it may be asserted. The seller shall also state in the guarantee that the provision of the guarantee does not affect the rights of the buyer relating to the purchase of the item.

Extended Warranty – This warranty shall always be in accordance with the manufacturer’s warranty terms and any related advertising, in which case the warranty certificate shall always contain the above and be issued in accordance with the above.

1. Length of warranty

The warranty period starts on the date of receipt of the goods by the buyer, i.e. the date indicated on the warranty certificate.

When selling consumer goods, the statutory warranty period is 24 months* for consumers**, unless a longer period is stipulated by a specific legal regulation. The seller may extend this statutory period. The length of the guarantee period is always indicated on the guarantee certificate (in the guarantee column). The warranty period consists of the statutory period (24 months) and any extended warranty period. The warranty period is further extended by the period during which the goods have been in complaint. Liability rights for defects in the goods for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period.

If the purchaser is a consumer, within the statutory warranty period, claims shall be governed by Act No. 40/1964 Coll., the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, both acts in the current and effective wording, taking into account the clarifications in these Complaints Regulations. In the case of an extended time limit, the complaint shall be governed exclusively by this Complaints Procedure.

*Exceptions may be goods sold at a discount (damaged, used, incomplete, etc. – this characteristic is always indicated on the goods – if it is not, the goods are considered to be new, undamaged and complete). If the buyer is a consumer and the goods are second-hand, the seller is not liable for defects corresponding to the degree of use or wear and tear the goods had when the buyer took them over, and the rights of liability for defects in the goods will be extinguished if they have not been asserted within 12 months from the date of the buyer’s takeover of the goods. This period shall be stated by the seller in the document of sale of the item and sufficiently prominently in the goods offered and in the order confirmation. In the case of goods sold at a lower price due to defects or incompleteness, the guarantee does not apply to the defects for which the lower price was agreed.

** For selected products, the manufacturer’s warranty is limited for non-consumer purchasers. The legal rights of the end customer (consumer) are not affected, the warranty is valid according to the law.

III. Warranty Conditions

I. The buyer who is not a consumer is obliged, and the buyer who is a consumer is advised, to check the condition of the shipment (number of packages, intactness of the tape with the company logo, damage to the box) together with the carrier immediately upon delivery according to the enclosed delivery note. The buyer is entitled to refuse to accept a shipment that does not conform to the purchase contract, on the grounds that the shipment is incomplete or damaged, for example. If the Buyer accepts such a damaged shipment from the carrier, it is necessary to describe the damage in the carrier’s handover report.

II. An incomplete or damaged shipment must be immediately reported by e-mail to the address: kladno@nbservis.cz, a damage report must be drawn up with the carrier and sent by fax, e-mail or post to the seller without undue delay. An additional complaint of incompleteness or external damage to the shipment does not deprive the buyer of the right to claim the item, but gives the seller the opportunity to prove that there is no breach of the purchase contract.

III. The place for filing a claim is

NBSERVIS s.r.o., Nám. Jana Masaryka 2735, Kladno 27204

or if the buyer is a consumer, he/she can also claim the goods at the seller’s branches where the goods were purchased (however, we recommend the address mentioned above to speed up the processing of the claim). However, if the warranty card of the goods indicates an authorized service center that is located at the seller’s location or at a location closer to the buyer, the buyer shall exercise the right at the authorized service center.

IV. If the goods were purchased by a buyer who is a businessman, the buyer must claim directly and only in an authorized service. In this case, the claim shall be governed by the terms and conditions of the authorised service centre.

V. The Buyer may send defective goods for complaint by shipping service to the address of the Seller’s premises or authorized service. The claimed goods should be thoroughly secured to prevent damage during transport, the package should be visibly marked “CLAIM” and contain: the claimed goods (including complete accessories), we recommend enclosing a copy of the purchase document, a detailed description of the defect and sufficient contact details of the buyer (especially the return address and telephone number). Without the above, it is impossible to identify the origin and the defect of the goods. This procedure is also recommended to the consumer buyer, unless he proves and proves otherwise. It is also recommended to choose the required method of complaint handling (see below).

VI. A buyer who is not a consumer shall prove the validity of the guarantee by presenting the purchase receipt, if the goods have been claimed in the past, he/she shall also provide proof of the claim. The purchase document (purchase 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 a buyer who is a consumer, unless he proves and proves otherwise.

VII. The Seller does not guarantee full compatibility of the sold parts with other parts not approved by the Seller’s staff, nor with software applications whose functionality was not explicitly requested by the Buyer in the written order, unless such compatibility is usual for similar goods and unless the Seller has explicitly stated that the goods are compatible only with the specified list or are not compatible with the specified list.

VIII. The warranty does not cover defects resulting from the use of incorrect or defective software, incorrect consumables or any damage resulting therefrom, unless such use is not customary and has been excluded in the enclosed operating instructions. 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 supply network (e.g. lightning), except for normal deviations.

IX. The Seller does not guarantee the full functionality of the application software in versions that are not suitable (not created) for the ordered operating system, unless such functionality is usual for similar goods and unless the Seller has explicitly stated that the goods are functional only with the specified list or not functional with the specified list. The Seller accepts no responsibility for any problems caused by limited functionality of applications that do not meet this condition.

X. Breach of the protective seal, information label or serial number exposes the purchaser to the risk of rejection of the claim, unless the damage occurs during normal use. Seals and serial numbers are an integral part of the product and in no way limit the customer’s right to use and handle the goods to the full extent of what they are intended for.
Furthermore, the warranty does not cover damage caused by (where such activity is not normal and yet not prohibited in the enclosed instructions for use):

1. mechanical damage to the goods,
2. electrical surges (visibly burnt components or circuit boards), except for normal deviations,
3. the use of the goods in conditions which do not correspond to the temperature, dustiness, humidity, chemical and mechanical environment directly intended by the seller or the manufacturer,
4. improper installation, handling, operation or neglect of the goods,
5. if the goods or any part thereof have been damaged by a computer virus,
6. if the defect is manifested only by software for which the customer is unable to prove the legal means of acquisition, or by the use of unauthorised software and consumables,
7. the goods have been damaged by excessive loading or by use contrary to the conditions specified in the documentation or general policies,
8. unqualified intervention or alteration of parameters,
9. goods that have been modified by the customer (painting, bending, etc.), if the defect is the result of such modification,
10. an incorrectly performed BIOS or firmware upgrade,
11. the goods have been damaged by natural elements or force majeure.

Tato omezení neplatí, pokud byly vlastnosti zboží, jež jsou v rozporu s výše uvedenými podmínkami, kupujícím a prodávajícím výslovně dohodnuty, vymíněny nebo prodávajícím deklarovány, případně je lze očekávat vzhledem k  prováděné reklamě nebo obvyklému způsobu užití zboží.

These limitations do not apply if the characteristics of the goods that are contrary to the above conditions have been expressly agreed, exchanged or declared by the buyer and the seller, or can be expected due to the advertising or the usual way of using the goods.

1. If the goods are software, the warranty covers only the physical legibility of the media (media must not be scratched, etc.). Upon removal of the protective devices (foil, seal, opening of the envelope, etc.), the purchaser becomes the authorized user of the software product and accepts the licensing terms of the software manufacturer. This does not apply to a conflict with the purchase contract (see below).

XII. 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). We recommend that the defect is stated in writing.

XIII. 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 was damaged by incorrect behavior of an application (e.g. games, viruses) not supplied by the seller, or if the data was damaged by the buyer or a third party, the claim will be rejected. If the customer agrees to a paid repair, it will be charged according to the current valid price list. Before the paid repair is carried out, the buyer will be informed of the price of the repair, its scope and the time required to carry it out. A paid repair can only be carried out with the express consent of the buyer (or on the basis of a service contract) after the information according to the previous sentence.

XIV. When handing over a computer system or data storage device for repair, we recommend the buyer to ensure that an adequate backup of the necessary data is made and to prevent possible misuse or damage. The Seller shall not be liable for any loss, damage or misuse of the data stored on the data storage devices in the computer system.

XV. Data storage devices are devices whose failure rate is an objective phenomenon with a random nature of occurrence of failures. The Seller hereby draws the Buyer’s attention to this fact and recommends systematic backup of user data on a suitable device (e.g. ZIP, CD). However, the warranty is not limited by this warning.

XVI. The Seller has the right to refuse to accept the goods for complaint 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 for complaint, unless the contamination is normal.

LCD display

ISO 13406-2 – Since each LCD display consists of at least 2.35 million subpixels or transistors (15″), it is not practically possible to prevent pixel loss from the point of view of manufacturing technology. LCDs with a maximum of ten defective pixels can be put on sale.

The standard specifies the following classes in relation to defective pixels:
They are divided into four classes, three types of defective pixels and two frequency criteria. Defective pixels may occur as glow pixels, black pixels or loss of subpixels (or flicker pixels). The frequency criteria distinguish between, firstly, the number of white or black pixels occurring in a particular area (cluster) and, secondly, loss of subpixels or flicker pixels occurring in a cluster. The four classes determine the maximum number of errors allowed for each type of defective pixels. LC displays from ADI, SONY, EIZO and most other LCDs on our market are classified as Class II. This means that if the number of these defective pixels is less than ten, (2xType1, 2xType2 and 5xType3 = 2 black pixels + 2 white pixels + 5 colour pixels = max 9 defective pixels), the customer is not entitled to make a claim or exercise a right for breach of contract (see below). In the event of a large number of defective pixels, please contact the authorized service of your LCD or dealer.

1. Complaint handling

If the buyer is a consumer:

Compliance with the purchase contract

If the buyer is a consumer, if the goods are not in conformity with the purchase contract when taken over by the buyer (hereinafter referred to as the “conflict with the purchase contract”), the buyer has the right to have the seller put the goods into a condition corresponding 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 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 knew of the non-conformity with the purchase contract before taking delivery of the item or caused the non-conformity with the purchase contract himself. A conflict with the contract of sale which becomes apparent within six months of the date of receipt of the goods shall be deemed to exist at the time of receipt of the goods, unless this is contradicted by the nature of the goods or the contrary is proved.

Conformity to the contract of sale means, in particular, that the item sold has the quality and utility characteristics required by the contract, described by the seller, the manufacturer or his representative, or expected on the basis of their advertising, or the quality and utility characteristics of the type usual for the item, that it conforms to the requirements of legal regulations, is in the appropriate quantity, measure or weight and corresponds to the purpose for which the seller states the item is used or for which the item is usually used.

If the buyer is a consumer, depending on the nature of the defect, the buyer has the following rights when exercising the statutory guarantee:

legal guarantees these rights:

– if the defect is removable, the right to free, proper and timely removal of the defect, the right to replacement of the defective goods or defective parts, unless this is disproportionate due to the nature of the defect. If such a procedure is not possible, he has the right to a reasonable discount on the purchase price or to withdraw from the purchase contract,

– if the defect is irremovable and prevents the proper use of the goods, the right to have the defective goods replaced or to withdraw from the purchase contract; the same rights are granted to the consumer if the defects are removable, but if the buyer cannot use the goods properly due to the recurrence of the defect after repair or due to a greater number of defects. In particular, a recurrence of a defect shall be deemed to occur 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 if the item has at least three defects preventing its proper use at the same time,

– in the case of other irremediable defects and if the consumer does not request the replacement of the item, the consumer has the right to a reasonable discount on the purchase price or to withdraw from the purchase contract,

The choice of how to settle the complaint is made by the buyer. The Seller shall warn the Buyer of the inappropriateness of the choice and suggest a suitable method (especially in the case where the Buyer requests a method relating to a removable defect but the Seller finds that it is an irremovable defect). If the consumer does not choose the method of settlement of the complaint within a reasonable period of time provided by the seller, the seller shall choose it.

In the case of a discount, the goods cannot be claimed later for the defect for which the discount was granted.

If the buyer is a consumer, the seller decides on the complaint immediately, in complex cases within three working days. This time limit does not include the period of time appropriate to the type of product or service required for a professional assessment of the defect. The seller shall settle the complaint, including the removal of the defect, without undue delay. The time limit shall begin to run from the day following the day on which the complaint is made; if the time limit ends on a weekend or public holiday, it shall be extended to the next working day. 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 unreasonable period of time. 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 remedied. This time limit is not binding on the buyer, who is an entrepreneur and whose relationship with the seller is therefore governed by the Commercial Code.

The Seller shall issue the Buyer to the Consumer a written confirmation of when the claim was filed, what its content is, what method of handling the claim is required, by email immediately upon receipt of the claim (in the case of personal application it is transmitted immediately); furthermore, a confirmation of the date and method of handling the claim, including confirmation of the repair and the duration of the claim, or the reasons for rejecting the claim.

The buyer has the right to reimbursement of necessary costs (in particular postage costs paid by the buyer when sending the claimed goods) incurred in connection with the exercise of the legitimate rights under the liability for defects (we recommend that you apply no later than 30 days after the claim has been settled – the statutory deadline is not affected) and were incurred actually and efficiently. In the event of withdrawal from the contract due to a defect in the goods, the consumer is also entitled to reimbursement of the costs of such withdrawal.

If the buyer is an entrepreneur:

If it is a defect that 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 and the buyer may agree on a reasonable discount on the price of the goods. In the case of a discount, the defect cannot later be claimed.

If there is a defect which cannot be removed and which prevents the item from being properly used as a non-defective item, the seller is entitled to replace the defective goods with goods with the same or similar utility characteristics or issue a credit note.

I. After a justified claim has been settled, the warranty period is extended by the duration of the claim. In the case of an unjustified claim, the warranty period shall not be extended. If a claim for goods has been settled within the statutory warranty period by replacement of the goods with new ones, the warranty period shall start again from the date of settlement of the claim. The duration of the claim is calculated from the day after the claim is made until the date of settlement of the claim, i.e. the date on which the buyer was obliged to take over the goods. The customer is informed of the settlement by the e-mail address he/she provided at the time of purchase..

II. After the complaint has been settled, the Seller shall notify the Buyer of the termination of the complaint 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.

III. In the event that the claimed goods are not collected within one month from the expiry of the time when the claim should have been made, and if it was made later, within one month from the notification of its execution (i.e. usually within 60 days from the date of filing the claim), the seller, according to § 656 of the Civil Code, is entitled to charge the amount for storage when issuing the claim.

IV. When issuing the goods after the claim has been settled, the buyer is obliged to present the document on the basis of which the item was accepted for claim and must prove his identity with an ID card or a valid passport.

The Buyer’s right to claim the goods within the statutory warranty period is not affected. However, the buyer must take into account the above-mentioned facts, since the warranty does not cover wear and tear caused by normal use of the goods according to Section 619(2) of the Civil Code and cannot be confused with the durability of the product. The durability of the goods represents the susceptibility to wear and tear caused by normal use. If you use (not own) the goods for longer than their normal lifetime, it is likely that the defect is the result of normal wear and tear, but it is not excluded that it is actually a warranty defect. The seller will always state in the reasons for any rejection of the claim whether the defect was caused by normal wear and tear. The above-mentioned normal durability is also always indicated by the seller for the goods offered, otherwise it is not possible to invoke this durability.

Free service For products sold with a warranty longer than 24 months, free service is provided after the 24-month period. In the event of a defect in the product after the 24-month period, such product will be accepted for service and will be repaired or replaced with another item with the same or better specifications. If neither of these solutions is possible, a credit note will be issued. The Seller undertakes to terminate such service within 35 days of receipt of the goods – after which the Buyer shall have the right to withdraw from the Contract.

VII. Final Provisions This Complaint Procedure is valid from 1.1.2024 and cancels the validity of previous Complaint Procedures. This Complaints Procedure is available at the Seller’s registered office and premises or as a document at www.nbservis.cz.

Service and repairs conditions:

I. NBServis, (hereafter referred to as the Contractor), shall remedy the defects in the equipment listed in the Defect Description section and the Customer agrees to pay the cost of the repair if it is an out-of-warranty repair. The Contractor guarantees the repair for 3 months. The warranty for the materials used and other rights and obligations of the parties to the contractual relationship not expressly provided for herein shall be governed by the applicable laws of the Czech Republic.
II. The right to warranty repair shall expire:
A. If the equipment is not functional due to incorrectly performed software installation.
B. If the equipment has been operated in violation of the operating instructions.
C. If the equipment has been tampered with in an unprofessional or unauthorized manner.
D. If the malfunction was caused by foreign matter entering the device.
E. If the defect was caused by the customer storing the device outside the temperature range: device: -25°C to 55°C, battery: 0°C to 49°C.
F. If the defect was caused by storage or operation in a damp, dusty, chemically aggressive or otherwise unsuitable environment.
G. In the event of mechanical damage by the customer.
H. In case of damage due to an unavoidable event (natural disaster).
I. If the equipment has been connected to a supply voltage other than that prescribed.
III. The Customer shall provide the Contractor with the security code of the equipment to be repaired and the password to start the operating system. In the event of a breach of this obligation or in the event of an incorrect code-password being provided, the Client shall be obliged to reimburse the Contractor for the costs associated with any unlocking of the equipment.
IV. The Customer shall be obliged to provide the following information before
V. The Client undertakes to pay the price of out-of-warranty repairs set according to the valid price list of the Contractor in cash upon acceptance of the repaired equipment.
VI. In the event that the repair is carried out later than the estimated time of completion of the repair specified above, the Contractor shall notify the Client of the date for collection of the equipment. If the Customer fails to collect the equipment within 14 days from the estimated date of completion of the repair or from the written request (by post or e-mail), the Contractor shall be entitled to charge the Customer a storage fee of 20 CZK/equipment/day. If the Customer fails to collect the equipment within two months of the expected date of completion of the repair or written notice, the Contractor shall send (by post or e-mail) a final notice to the Customer to collect the equipment. After the expiry of the deadline specified in the last notice, the Contractor shall be entitled to sell the equipment and satisfy its claims against the Customer from the proceeds of the sale. If the proceeds of the sale exceed the claims incurred by the Contractor, the difference shall be sent to the Client (by postal order or bank transfer)
VII. In the event that the Client withdraws from the contract, the Client undertakes to reimburse the Contractor the amount for the work already performed and to reimburse the costs reasonably incurred. The Client undertakes to pay the costs reasonably incurred even if the equipment is beyond repair and has been returned without repairs.
VIII. The contractor shall not be liable if the customer has activated the BitLocker function on his device. During servicing and repair, this feature may be activated and linked to the customer’s self-created Microsoft account. It is therefore necessary for the customer to deactivate BitLocker or have access to their account from where they can reboot the device using the master key before servicing. More about BitLocker here.
IX. This Agreement shall come into force and effect on the date of signature by both parties.
X. I agree to receive commercial communications to the email address provided, this consent can be revoked at any time in the future.
NOTICE – Repairing a defective part may change the manifestation of the defect and the behavior of the device. This new condition may be permanent and irreversible.