Terms and Conditions of service i-fix.cz, Company ID: 05845254, registered office: Hlavatého 663/15 Prague 4, 14900

Service conditions of i-fix.cz valid from 1.1.2019
1.1. The service conditions are an integral part of the Contract for Work (hereinafter referred to as the “Contract”) between the customer (hereinafter also “customer” or “client”) and the contractor, concluded in accordance with the Commercial Code or the Civil Code.

1.2. The Contract can be concluded in writing or orally. A written Contract means a document signed by the contractor for the acceptance of the device for service intervention (“Order Sheet”).

1.3. The proposal for concluding an oral Contract is considered to be the handover of the device to a third party for transport for the purpose of service intervention by the contractor according to Article 7.1 of these conditions. The Contract is concluded at the moment of physical acceptance of the device by the contractor for service intervention. The handover of the device to a third party for transport for the purpose of service intervention means, in particular, sending the device for repair via a transport service or postal license holder, where the client expresses his will to conclude the Contract by a cover letter sent together with the device intended for service intervention, in which he requests the service intervention in writing. The signature of the Contract on the part of the client is replaced by the signature of the client in the cover letter attached to the sent device.

1.4. If the device is handed over in person by the client to the contractor for service intervention/repair, it is considered that the client fully and without reservation accepts these Service Conditions.

1.5. All contractual relationships are concluded in accordance with the legal order of the Czech Republic. If the contracting party is a consumer, relationships not regulated by the business conditions are governed by the Civil Code (No. 40/1964 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.). If the contracting party is another entity, relationships not regulated by the business conditions are governed by the Commercial Code (No. 513/1991 Coll.), all as amended.

1.6. If any article of the Contract or the Service Conditions of the contractor becomes inconsistent with the legal order of the Czech Republic due to amendments to legal regulations or the adoption of new legal regulations, the validity of the relevant article is affected by the current wording of the legal regulation, and to the extent of the invalidity of the relevant provision, the wording of the current legal regulation takes precedence over the Contract and the Service Conditions. The invalidation of part of the Contract according to this point does not affect the validity of the remaining points of the Contract and the Service Conditions.

2. Price for the order

2.1. The Contract includes a price limit for the order, based on the expected time and material demands of the order, stated in the Contract.

2.2. If it is not possible to determine the price limit in advance at the time of concluding the Contract, it is assumed that the price limit for the order is set as a preliminary price of at least 200 CZK (hereinafter referred to as the “minimum price” or “minimum price limit”). The client’s request to accept the item for repair without setting a preliminary price is unjustified, as it is contrary to § 636 paragraph 1 of the Civil Code.

2.3. The minimum price is not set based on a professional diagnosis of the required service intervention by a technician, so the contractor reserves the right to set a new minimum price limit for the order after a professional diagnosis, which will correspond to the identified scope of defects and the expected scope of work and materials needed to carry out the service intervention. If the newly set minimum price exceeds the preliminary price by more than 10%, the contractor will suspend work on the order and orally or in writing notify the client of the need to exceed the minimum price. The contractor will continue work on the order as soon as the client agrees to the new minimum price. If the newly set minimum price does not exceed the preliminary price by more than 10%, the client undertakes to pay the newly set minimum price, and it is considered that he agrees with the newly set minimum price without the need to notify him of the newly determined minimum price. In such a case, it is sufficient to notify the client of the newly set minimum price in the final billing for the work performed (service intervention performed).

2.4. The contractor reserves the right to change the agreed minimum price even several times during the execution of the order if previously unknown facts affecting the price of the order are discovered during the diagnosis and execution of the order. However, the contractor will always request oral or written consent to the change in the minimum price from the client.

2.5. If the client, before approving the price of the order, requests the contractor to provide a list of work and materials that will lead to the repair of the device, this is a request for the delivery of the “diagnosis” product, provided by the contractor for a fee. The price of the “diagnosis” product is 400 CZK.

2.6. Before the repair of the device is completed, the client may withdraw from the Contract (i.e., cancel the order) in the following cases:

2.6.1. When the contractor notifies the client in writing or orally of his intention to increase the price of the repair or maintenance and the client does not agree with this price. In such a case, however, the client is obliged to pay the contractor for the work already performed and the costs incurred according to the originally agreed price, regardless of whether the client benefited from the partial repair (e.g., partial removal of the defect, etc.). This provision does not affect the validity of Article 2.3 of these conditions.

2.6.2. Until the repair or maintenance is completed, the client may withdraw from the Contract (cancel the order) without any reason, but in such a case, the client is obliged to pay the contractor the amount corresponding to the work already performed and the ordered or delivered material. At the same time, the contractor has the right to demand compensation from the client for reasonably incurred costs related to the withdrawal from the Contract (material transport, compensation to subcontractors, etc.)

2.7. If the client refuses to pay the price charged according to the Contract and Service Conditions, this conduct will be considered a breach of the Contract by the client. Unless otherwise agreed between the contractor and the client, the contractor is entitled, according to § 175 et seq. of the Civil Code, to use the right of retention and not to return the item to the client until the price is paid. If the client is in default with the payment of the service price, he is also obliged to pay the contractor statutory default interest for the period during which the client’s default lasts.

2.8. If the customer does not collect the item entrusted to the contractor for repair within 6 months of being notified to collect it, the contractor will physically dispose of the device without the customer’s right to compensation. The contractor also reserves the right to sell or otherwise use such an uncollected item to compensate for the customer’s unpaid costs incurred in connection with the repair of the device. If the contractor knows the client’s address and it is an item of greater value (according to Government Regulation No. 258/1995 Coll., an item of greater value is an item exceeding the value of 3,000 CZK), the contractor is obliged to notify the client in advance of the intended sale or disposal of the item and provide him with a reasonable additional period of two weeks to collect the item.

2.9. According to § 656 of the Civil Code, the client is obliged to collect the item no later than one month after the period during which the repair or modification was to be carried out, and if it was carried out later, within one month of receiving notification of its completion. If he does not do so, he is obliged to pay a storage fee of 10 CZK incl. VAT per day.

2.10. During the period in which the client is in default in taking over the serviced item, the risk of loss, destruction, damage, and accidental destruction of the item passes to the client (§ 520 and § 522 of the Civil Code).

3. Warranties

3.1. The contractor provides the client with a 6-month warranty on device repairs. For repairs mediated through subcontractors, we provide a 3-month warranty in accordance with § 654 of the Civil Code.

3.2. The client is obliged, in his own interest, to check the full functionality of the device within 24 hours after receiving it from the contractor. Later complaints about defects not directly related to the work performed will not be considered as warranty claims. This paragraph does not apply to the warranty for the repaired defect that was the subject of the service.

4. Warranty Repairs

4.1. The contractor is legally obliged to process a warranty claim within 30 days of receiving the device for warranty repair.

4.2. Settlement of the claim means the removal of the claimed defect or the return of money for the previous service intervention, or another solution according to the agreement with the client – e.g., a reasonable reduction in the price of the repair or modification.

4.3. Warranty repair claims will not be recognized as justified in the following cases:

4.3.1. If the warranty repair claim is not recognized by the contractor as justified, the service case will not be considered as warranty.

4.3.2. If the seal on the claimed device is broken.

4.3.3. If the claimed defect does not appear during initial tests and the customer is also unable to visibly demonstrate the defect to the contractor.

4.3.4. If the cause of the defect is non-compliance with the instructions in the user manual for the device or instructions given by the contractor in the service intervention report.

4.3.5. If the cause of the defect is contamination of the device.

4.3.6. If the device was used in connection with such an accessory, consumable, accessory, or in a manner that is contrary to the manufacturer’s instructions or the contractor’s instructions.

4.3.7. If there is a delay of more than 7 days from the occurrence of the defect and its claim (physical delivery of the device for claim to the contractor) in claims for defects where the use of the device regardless of the defect may affect the worsening of the claimed defect or may cause other damage to the device.

4.3.8. If the cause of the claimed defect is not directly related to the work performed on the device as part of the claimed service intervention, according to the text of the work performed and the statement of charged items on the service protocol.

4.3.9. For other reasons arising from the current wording of these service conditions of the contractor.

4.3.10. If there is mechanical damage or scratching of the replaced part.

5. Limitation of the contractor’s liability for devices provided by the customer for service intervention

5.1. The contractor, in principle, cannot and does not guarantee the data stored on the customer’s data media and devices, and is entitled to delete or modify this data during the service intervention. The customer’s request to preserve data in entrusted devices is therefore considered unjustified and will not be taken into account by the contractor – the mentioned request is considered invalid even if it is expressly stated in the Contract. The customer should therefore back up data before handing over the device for service intervention and during normal operation. If he cannot do this himself, the contractor can provide data backup on request at the customer’s expense.

5.2. The contractor is not liable for hidden defects of the product that the customer has not demonstrably notified, for possible worsening of already existing defects of the product that existed before the order was accepted (e.g., cracks, functional faults of the device that cannot be repaired, etc.)

5.3. The contractor is liable for the functionality of the device after the service intervention to the extent agreed in the order or to the extent corresponding to the usual output tests of the device carried out according to the contractor’s internal guidelines. All defects not meeting these criteria in the case of a later complaint will be considered as non-warranty matters.

5.4. If the contractor fails to carry out the ordered service intervention/repair for technical or financial reasons, or if the customer withdraws from the Contract, the device will be restored to its original state only if technically possible and if the customer pays the costs associated with this work according to the contractor’s intervention price list.

5.5. The contractor is entitled to perform technical operations on the device that are necessary to determine the financial demands of the total repair/service intervention, without the customer’s right to free restoration of the device to its original state if, for technical or financial reasons, the order is not completed.

5.6. The contractor is liable for damage to the device entrusted to him by the client for service intervention, from the moment of its physical acceptance. In the event of loss of the entrusted device or damage to the entrusted device for reasons other than those listed in the Service Conditions, the contractor will compensate the client for the damage to the device up to the actual value of the device corresponding to the type of device, its age, and the type of damage with which it was demonstrably physically handed over to the contractor for repair. If the contractor and the client do not agree on the amount of compensation, the client may ask the contractor to have the amount of damage determined by a certified court expert in computer technology at joint expense (each pays ½ of the actual costs). The amount of damage thus determined will be considered final and indisputable by both parties. The contractor has the right to request an advance payment for the expert’s costs. The contractor is not liable for damage to the device that occurred from the time the device was handed over to a third party for transport according to Article 7.1 of these conditions until its physical handover to the contractor. The moment of transfer of liability for damage to the item is thus the physical handover of the device for service intervention to the contractor by the client or a third party.

5.7. The client acknowledges that the contractor is not liable and does not guarantee any costs incurred by the client in connection with the repair of the device, e.g., lost profit, telephone charges, internet connection, transport, etc.

5.8. In the event of disputes regarding defects or damage to devices handed over to the contractor for service intervention, it is in the client’s interest to document the condition of the device in an indisputable manner before handing it over to a third party for transport or to the contractor, e.g., by photographing damaged areas, visible mechanical wear of parts, etc. The contractor is not responsible for such wear or mechanical damage to devices handed over by the client that the client cannot demonstrably declare as having occurred at the contractor. A unilateral statement by the client in the Contract about the condition of the handed-over device is not considered as credible documentation of the device’s condition before repair – the contractor performs all service interventions on used devices, and the degree of wear cannot be clearly and indisputably described verbally.

5.9. For orders handed over by the client to the contractor indirectly (i.e., by sending the device to the contractor via a third party), the contractor cannot influence the text stated by the customer in the cover letter of the device. All texts stated by the client in such an order (Contract) are considered unilateral statements of the client and are not legally binding for the contractor, as these texts are automatically transferred to the text of the Contract without the contractor’s intervention, and this is printed on the contractor’s side in accordance with point 1.3. of the service conditions. Furthermore, the contractor is not obliged to carry out comprehensive tests of the device at the time of acceptance for repair to verify all the client’s statements in the Contract – especially those that are not immediately apparent, both in the case of personal handover for repair and in devices handed over for repair via a third party. If the contractor discovers a discrepancy between the client’s statements and reality during the order, he is not responsible for the discrepancy and has the right to bring the text of the Contract into line with reality. At the same time, he will notify the client of this discrepancy. The contractor is entitled to discover the discrepancy between the customer’s statements and reality at any time, not only at the time of acceptance of the device for repair. This paragraph mainly concerns the description of the device’s condition, the list of supplied accessories, and objectively difficult-to-detect data about the device that are not immediately visible, such as device functionality, display quality, mechanical wear of parts, battery capacity, device configuration, etc.

5.10. The client acknowledges that the contractor’s service intervention will affect the possibility of subsequent repair in the “exchange program,” as the device may not meet the conditions for inclusion in the “exchange program.”

6. Defective parts and their replacement

6.1. As part of the device repair, the contractor undertakes to ecologically dispose of the replaced defective parts at his own expense, unless the client requests the return of defective parts after the repair in the Contract.

6.2. In cases where the possibility of obtaining service parts is limited or unprofitable, the contractor reserves the right to replace original defective parts with equivalent replacement parts and components in service orders, which will ensure the required functions in the repaired device in similar quality as the original part.

6.3. The client acknowledges that in some types of device repairs, irreversible mechanical, thermal, electrical, or chemical damage to these components occurs during disassembly, diagnosis, or replacement of defective components, and in these cases, it is not technically possible to restore the device to a state exactly corresponding to the state before the service intervention if the repair is not successfully completed for technical, economic, or other objective or subjective reasons.

7. Transport of the device for repair

7.1. Customers from all over the Czech Republic can use the services of a postal license holder or other shippers or transport services (hereinafter also “third party”) to send the device for service intervention to the address of the I-FIX Service branch Ječná 529/29 Prague 120 00. (hereinafter referred to as the “Service”).

7.2. The contractor is not responsible for the way the customer packs the shipped equipment and for any damage to the shipment caused during transport, as he cannot influence the way the shipment is packed.

8. Procedure for claiming a device damaged during transport to the customer

8.1. If the customer discovers damage to the device after its return delivery by a third party, it is absolutely necessary to report the claim of the package to the contractor’s service dispatch (tel. +420 773 063 863) by the second working day after delivery of the package and also send a damage report by e-mail to i.opravime@gmail.com In the message, state the package number and a detailed verbal description of the damage to the package and its contents.

8.2. If the customer can photograph the damage, we recommend sending these materials by e-mail to support the claim.

8.3. If there is a delay of more than 1 working day from the delivery of the package to the reporting of the damage, the recipient’s right to claim and compensation for damages expires.

8.4. The recipient must not handle the package and its contents until he receives instructions from the contractor’s claims worker on how to proceed with the claim. Under no circumstances should the recipient immediately send the damaged package back to the sender without following the above-prescribed procedure.

8.5. In case of doubt about the fault of the transport service for the damage, the customer must allow the transport service’s claims worker to investigate the damage at the place where the recipient discovered the damage.

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