Complaints Procedure

Complaints Procedure of Photon Energy Technology CEE’s B2B E-Shop

1. This Complaints Procedure follows the General Terms and Conditions of Photon Energy Technology CEE’s B2B E-Shop (the “GTC”) and forms an integral part thereof.

2. The Buyer is entitled to exercise the right under liability for defects and quality guarantee (the “Complaint”) within 12 months of acceptance of the goods. For the avoidance of doubt, it is hereby laid down that the “presumption of defectiveness” pursuant to Section 2161 (2) of the Civil Code shall not apply to a purchase contract concluded pursuant to these GTC.

3. The Buyer shall lodge the Buyer’s Complaint with the Seller without undue delay after discovering the defect, by completing the complaint report within the E-Shop or by sending the completed complaint report to the following email address: eshop@photonenergy.com. The complaint report form is provided on the E-Shop website below.

4. Following receipt of the complaint e-report, the Seller shall contact the Buyer within 6 working days to agree with the Buyer whether:

   1. an assessment of the goods complained about will be made by the Seller or by a person authorized by the Seller on the Buyer’s premises or, as the case may be, the assessment will be carried out through remote access online or

   2. the Buyer will transport the goods at its expense to a location designated by the Seller where the goods complained about will be assessed. The Buyer is obliged to pack the goods complained about appropriately to prevent any damage thereto. To assess the complaint, the goods complained about must be delivered together with the accessories.

5. In the event that the Contracting Parties do not agree on the place of settlement of the Complaint, it shall be decided by the Seller.

6. In the event that the Complaint is found to be justified, the Seller shall decide on one of the following solutions:

   1. removal of the defect by delivering new goods without a defect or by delivering the missing goods;

   2. removal of the defect by repairing the goods;

   3. granting a reasonable discount on the purchase price; or

   4. withdrawal from the purchase contract in the event that the solution under Section 6 (a) to (c) above is found to be impossible.

7. If the Complaint is found to be unjustified, the Seller has the right to claim from the Buyer compensation for the costs incurred to settle the Complaint (e.g. travel costs, consumption of materials, time spent by service technicians, disposal of defective goods).

8. The Seller shall decide on the settlement of the Complaint, as a rule, within 6 months of delivery of the complaint report. After settlement of the Complaint under Section 5 or in the event that the Complaint is found to be unjustified, the Buyer has 14 days from the Seller’s call to collect the goods complaint about. In the event of delay in collecting the goods, the Seller has the right to claim from the Buyer compensation for the costs of storage of the goods complained about. If the Buyer fails to collect the goods complained about within 2 months from the Seller’s call, the Seller has the right to sell the goods and use the funds received to cover the costs of storage of the goods complained about.

9. Liability for defects and the quality guarantee provided shall not apply to defects arising in particular due to:

   1. normal wear and tear resulting from the use of the goods;

   2. damage to the goods as a result of use beyond the normal purpose of use;

   3. overvoltage, except for normal deviations;

   4. use of the goods in conditions whose temperature, dustiness, humidity, and chemical and mechanical influences do not correspond to the environment specifically intended by the Seller or the manufacturer of the goods;

   5. improper installation, handling, operation or neglect of care of the goods;

   6. damage caused by excessive loading or use contrary to the conditions specified in the documentation or general principles;

   7. tampering with or change of the parameters of the goods;

   8. if the goods have been modified by the Buyer (painting, bending, etc.), the defect is due to such modification;

   9. damage caused by natural elements or force majeure.

10. Differences in color shades in reality and in the E-Shop display cannot be considered to be a defect of the goods.

11. The Seller shall not be liable for damage caused by the operation or use of the defective goods after the Buyer has discovered the defect.

12. The application of Section 1924 of the Civil Code shall also be excluded, and the Buyer shall bear the costs of exercising the rights under liability for defects or the rights under the quality guarantee.

Sample complaint report