Service conditions – IT services

1. Basic provisions

1.1 Bound Documents

1.1.1 The service conditions are an integral part of the contract for work (hereinafter referred to as the Contract) between the customer and the contractor, concluded in accordance with Act No. 89/2012 Coll., the Civil Code or Act No. 90/2012 Coll., on commercial companies and cooperatives (Act on Business Corporations) and are further governed by the Business Terms and Conditions.

1.2 Contracting Parties

1.2.1 Contractor – Lexaco s.r.o., Růžová 354/18, 350 02 Cheb, ID: 09157611, VAT number: CZ09157611, file number C39326 kept at the Regional Court in Pilsen; or subcontractors contacted by the contractor, whose identity is covered by the contractor’s trade secret. The contractor is fully responsible for the work done in this way, as if he had done it himself.

1.2.2 Orderer (or also Customer) – a registered customer of the website http://Lexaco.cz or another person who requests a service intervention.

2. Arrangement

2.1 Contractual provisions

2.1.1 The contract can be concluded in writing or orally. Written Agreement means a document signed by both the contractor and the customer on the acceptance of the equipment for service intervention (a document entitled “Service Protocol”).

2.1.2 The service conditions are available on the website www.lexaco.cz. The Service Terms valid on the date of acceptance of the order by the contractor are part of the Agreement.

2.1.3 Handing over the device to a third party for transportation in order to carry out service intervention by the contractor in accordance with section 3.2.1 of these terms and conditions is considered a proposal for the conclusion of an oral contract. The contract is concluded at the moment of physical acceptance of the equipment by the contractor for service intervention. Handing over equipment to a third party for transport for the purpose of carrying out service intervention means in particular sending the equipment for repair via a transport service or a postal license holder, where the customer expresses his will to conclude a contract for the work either by filling out and sending the “Repair order” web form, or by accompanying by a letter sent together with the device intended for service intervention, in which he requests a service intervention in writing. The signature of the Contract on the part of the customer replaces either the customer’s signature in the accompanying letter attached to the sent device or the expression of consent to the conclusion of the Contract by sending the completed web form “Repair order”. In the case of sending the completed web form “Repair order”, the customer is notified of the expression of consent to the conclusion of the contract before sending it with the following text: companies and cooperatives (Business Corporations Act). The Service Terms of the contractor are an integral part of this Contract for the work concluded between the customer and the contractor. The customer (orderer) declares that, before sending the form, he has familiarized himself with these service conditions of the contractor, which are also available at https://www.lexaco.cz By sending the completed form, the customer declares that he has familiarized himself with the service conditions of the contractor and accepts them without reservation .” At the same time, before sending the web form, the customer is invited to give consent to the processing of personal data, when the consent is formulated as follows: “Hereby, in accordance with Act No. 101/2000 Coll., on the protection of personal data, as amended and the regulation of the European of the Parliament and the Council No. 2016/679 of 27 April 2016 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (hereinafter referred to as the “GDPR Regulation”), I give my consent to the processing of the personal data of the company Lexaco s. r. o., with registered office at Růžová 354/18, 350 02 Cheb, ID number: 09157611, VAT number: CZ09157611, file number C39326 kept at the Regional Court in Pilsen, for the purpose of return to contacting the applicant and processing his request or inquiry from this form. Information submitted through this form will be handled in accordance with the GDPR regulation and the company’s personal data processing principles available at https://www.lexaco.cz. The withdrawal of consent to the processing of the provided data can be done by e-mail at info@lexaco.cz. In case of suspicion of unauthorized use of the data provided by you, you have the right to submit a request for investigation to the Office for the Protection of Personal Data.”

2.1.4 In the event that the device is handed over personally by the customer to the contractor for service intervention/repair, the customer fully and without reservations accepts these Service Terms.

2.2 Price per order

2.2.1 Part of the Contract is the limit price of the contract, based on the expected time and material requirements of the contract, specified in the Contract.

2.2.2 If it is not possible to set the limit price in advance at the time of concluding the Contract, then it is considered that the limit price of the order is set as a preliminary price of a minimum amount of CZK 290 incl. VAT 21% (hereinafter also “minimum limit price”). The customer’s request to accept the item for repair without setting a preliminary price will be considered set at the minimum limit price, as otherwise this would be in violation of § 2586, paragraph 2 of the Civil Code.

2.2.3 If the minimum limit price is not determined on the basis of the professional diagnosis of the required service intervention by the technician, the contractor reserves the right to set a new minimum limit price of the order after carrying out the professional diagnosis, which will correspond to the detected extent of defects and the expected scope of work and material needed to implement the service intervention. If the newly determined minimum limit price exceeds the preliminary price by more than 10%, the contractor will stop work on the order and notify the client orally or in writing of the need to exceed the minimum limit price. The contractor will continue working on the order as soon as the customer agrees with the new minimum limit price. If the customer does not agree with the newly established minimum limit price, he is obliged to pay the contractor the amount attributable to the work performed so far, but at least CZK 290 incl. VAT 21%. (the stated amount corresponds to the costs of diagnosing the causes of the defect). If the newly determined minimum limit price does not exceed the preliminary price by more than 10%, the customer undertakes to pay the newly determined minimum limit price, while it is valid that he agrees with the newly determined minimum limit price without having to be informed about it. In such a case, it is sufficient to notify the customer of the newly established minimum price limit as part of the final invoice for the work performed (performed service intervention).

2.2.4 The contractor reserves the right to change the agreed minimum limit price several times during the execution of the order, if previously unknown facts are discovered that affect the price of the order in the process of diagnosis and execution of the order. However, the contractor always requests oral or written consent to change the minimum limit price from the customer.

2.2.5 If the customer does not specify a different maximum price in the contract order, the contractor always considers the agreed maximum limit price to be CZK 1,500 incl. VAT 21% (hereinafter also “maximum limit price”) plus the cost of necessary spare parts.

2.2.6 The customer is obliged to pay the invoiced amount to the contractor for the performed service intervention, if it does not exceed the last agreed limit price by more than 10%, without the obligation of the contractor to consult the final price charged with the customer.

2.2.7 The contractor undertakes to present to the client for approval, free of charge, the limit price of the contract, based on the results of expert diagnostics of equipment defects communicated by the client. However, it is not the contractor’s obligation to provide the customer with the price offer and the list of works and materials that will lead to the repair of the equipment free of charge.

2.2.8 If, even before agreeing on the contract price, the customer requests the contractor to provide a list of works and materials that will lead to the repair of the equipment, then this is a request for the delivery of the “equipment diagnostics” product provided by the contractor for a fee. The price of the “device diagnostics” service is CZK 290 incl. VAT 21%. This price will be charged to the customer who requested the product only in case of a subsequent refusal to implement the order, as the diagnosis of the causes of the defect and the preparation of the price offer is the result of time-consuming and professional work of the technician and other employees of the contractor.

2.2.9 Before the repair of the equipment is completed, the customer may withdraw from the contract (i.e. cancel the order) in the following cases:

a) When the contractor informs the customer in writing or orally of his intention to increase the price of repair or maintenance and the customer does not agree with this price. In such a case, however, the customer is obliged to reimburse the contractor for the work already performed and the costs incurred according to the originally agreed price, regardless of whether the customer benefited from the partial execution of the repair (if, for example, the defect was partially removed, etc.). This agreement does not affect the validity of the previous articles of these terms and conditions.

b) Until the repair or maintenance is completed, the customer may withdraw from the contract (cancel the order) without any reason, but in such a case, the customer is obliged to pay the contractor the amount that corresponds to the work already performed and the material ordered or delivered. At the same time, the contractor has the right to demand compensation from the customer for purposefully incurred costs related to withdrawal from the contract (transportation of materials from the customer, severance pay to subcontractors, etc.)

2.2.10 If the customer refuses to pay the price charged according to the Contract and Service Terms, this action will be considered a breach of the Contract on the part of the customer. If there is no other agreement between the contractor and the client, the contractor is authorized according to § 1395 et seq. and § 2610 et seq. Use the right of retention (retention) of the Civil Code and not release the item to the customer until the price is paid. If the customer is in arrears with the payment of the price of the service services, he is also obliged to pay the contractor statutory interest for the delay for the period during which the customer is in arrears, increased by 5 percentage points.

2.2.11 In the event that the customer does not pick up the item entrusted to the contractor for repair within 6 months from the sending of the call to pick it up, the contractor will physically dispose of the equipment without the customer’s right to compensation. The contractor also reserves the right to sell or otherwise use the unclaimed item in order to compensate the customer for costs incurred in connection with the repair of the equipment. If the contractor knows the customer’s address, the contractor is obliged to notify the customer in advance of the intended sale or liquidation of the item and to provide him with a reasonable additional period of not less than one month to pick up the item. This cost will be charged to the customer.

2.2.12 According to § 2609 of the Civil Code, the customer is obliged to pick up the item without undue delay after the work should have been completed, and if it was completed later, then without undue delay after notification of the completion of the work. If he does not do so, he is obliged to pay a storage fee of CZK 10 incl. VAT 21% / day.

2.2.13 During the period during which the customer is in arrears with taking over the serviced item, the risk of loss, destruction, damage and accidental destruction of the item passes to the customer (Section 1974 of the Civil Code).

2.2.14 If the scope of work requires work with the operating system (backup of data, installation of new components, etc.), the customer is obliged to deliver the device for repair without a password or to disclose the password before the repair. In the event that it is necessary to overcome an unknown password as part of the diagnostics or testing of the device by the service, the customer will be charged for this work according to the valid price list in addition to the approved repair budget.

3. Transportation of equipment for repair

3.1 Personal delivery

3.1.1 The serviced goods can only be handed over by the Customer against the signature of the document of acceptance of the device for service intervention (document entitled “Service Protocol”).

3.2 Shipping Service

3.2.1 The customer can use the services of PPL CZ s.r.o. or use the services of another holder of a postal license (hereinafter referred to as a Third Party) to send equipment for servicing to the address of the Lexaco s.r.o. office, Růžová 358/14, 350 02 Cheb, (hereinafter referred to as “Service”).

3.2.2 Before sending the device, in the case of using the Service, the customer is obliged to familiarize himself with the transport conditions of the relevant third party, especially with regard to the weight and method of packaging of shipments, and to comply with these conditions.

3.2.3 The contractor is not responsible for the method of packaging of the equipment sent by the customer and for any damage caused to the shipment as a result of transportation, as it has no possibility to influence the method of packaging of the shipment.

3.2.4 Packages weighing more than 20 kg or with more than one dimension exceeding 100 cm are excluded from collection.

4. Transportation of goods to the customer

4.1 Personal collection

4.1.1 The serviced goods can only be taken over by the Customer against the signature of the document on the release of the equipment after the service intervention has been carried out (the document entitled “Issue of the service intervention”). This person must submit the “Service Log” document. In the event that the service intervention was requested electronically, this person must show a valid identity document.

4.2 Shipping Service

4.2.1 The Contractor may use the services of a Third Party to send the equipment after a service intervention, only if this is expressly stated in the Contract. The customer will be charged a fee according to the valid price list of the third party, which the customer chooses himself. If he does not choose, the services of the contractor’s contracted carrier will be used.

4.2.2 The contractor is responsible for the method of packing the equipment being sent.

4.2.3 Parcels weighing more than 20 kg or with more than one dimension exceeding 100 cm are excluded from this shipping method.

4.3 Claim procedure for equipment damaged during transport to the customer

4.3.1 The customer is obliged to check the condition of the shipment (number of packages, intactness of the tape with the company logo, damage to the box) with the carrier immediately upon delivery according to the attached waybill. If the shipment is incomplete or damaged, this fact must be reported immediately on the telephone number of Lexaco s.r.o. (+420 739 425 660), draw up a damage report with the carrier and send it without undue delay by e-mail to the address info@lexaco.cz or by post to the Contractor. If the customer has the opportunity to take photos of the damage, we recommend sending the following documents by e-mail to claim the damage. The report must include the package number, the order number, a detailed verbal description of the damage to the package and its contents.

4.3.2 If there is a delay of more than 1 working day from the delivery of the package to the reporting of damage, the right of the recipient of the package to acknowledge the claim and compensation for the damage shall expire.

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

4.3.4 In the case of doubts about the fault of the transport service, the customer must allow the inspection of the damage by the transport service claims officer at the place where the damage was detected by the recipient of the package.

5. Warranty

5.1 Length of Warranty

5.1.1 The contractor provides the customer with a 12-month warranty for repairs and sales of refurbished computer and office equipment and consumer electronics in accordance with § 2619 of the Civil Code.

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

5.2 Warranty Repairs

5.2.1 The contractor is obliged by law to handle the request for a warranty claim within 30 days of receiving the device for warranty repair.

5.2.2 Handling a complaint means removing the claimed defect or refunding the money for the previous service intervention, or implementing another solution according to the agreement with the customer – for example, a reasonable reduction in the price of the repair or modification.

5.2.3 Claims for warranty repairs will not be recognized as justified in the following cases:

a) If the request for warranty repair is not recognized by the contractor as justified, the service case will not be considered as a warranty case.

b) If the seal on the claimed device is broken.

c) If the claimed defect does not manifest itself during the initial tests and if the customer is not able to visibly demonstrate the defect in front of the contractor.

d) If the cause of the defect is non-observance of the instructions in the user manual for the device or the instructions given by the contractor in the service intervention protocol.

e) If the cause of the malfunction is equipment contamination or neglect of periodic maintenance.

f) If the device has been used in conjunction with such additional equipment, consumables, accessories or in such a way that is contrary to the instructions of its manufacturer or the instructions of the contractor.

g) If there is a delay of more than 7 days between the occurrence of the defect and its complaint (physical delivery of the device for complaint to the contractor) in the case of defect complaints, where the use of the device regardless of the defect may have an effect on worsening the claimed defect or may cause other damage to device.

h) If the cause of the claimed defect is not directly related to the work carried out on the device as part of the claimed service intervention, according to the text of the work carried out and the statement of charged items on the delivery service protocol. i) For other reasons resulting from the valid wording of these service conditions of the contractor.

5.3 Limitation of the contractor’s liability for equipment supplied by the customer for service intervention

5.3.1 If not entered directly by the customer during the order, the contractor is not responsible for the data stored on the customer’s data media and devices and is entitled to delete or change this data during the service intervention. The customer’s request to preserve / save data in entrusted devices will be taken into account and the technician will be informed whether this is technically possible. If this is not the case, the contractor will not take this request into account. Before handing over the device for service intervention, the customer should continuously back up the data on their own, even during normal operation. If he does not have this option himself, the contractor can provide a data backup on request at the customer’s expense.

5.3.2 The contractor is not liable for hidden product defects that the customer has not demonstrably pointed out, for possible worsening of existing product defects that existed before the order was accepted (e.g. cracks, equipment malfunctions that cannot be repaired, etc.), for defects that have arisen due to wear and tear during the necessary input and output tests (e.g. used ink, toner, tape, etc.), for defects that occur spontaneously during operation without external causes (failure of data and print media, loss of battery capacity, wear or breakage of the needle or clogging of the print nozzle head etc.).

5.3.3 The contractor guarantees the functionality of the equipment after service intervention to the extent agreed in the contract order or to the extent corresponding to the normal output tests of the equipment carried out according to the contractor’s internal guidelines. All defects that do not meet these criteria in the event of a later claim will be considered a non-warranty matter.

5.3.4 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 equipment will be returned to its original condition, if it is technically possible and if the customer pays the costs of work with hereby connected according to the tariff of the contractor’s interventions.

5.3.5 The contractor is entitled to carry out technical operations on the equipment that are necessary to determine the financial cost of the overall service intervention / repair, without the customer’s right to restore the equipment to its original condition free of charge, if the order cannot be completed for technical or financial reasons.

5.3.6 The contractor is responsible for damage to the equipment entrusted to him by the customer to carry out 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 Terms, the Customer shall compensate the customer for damage to the device up to the amount of 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 customer do not agree on the amount of compensation for damages, then the customer can ask the contractor to have the amount of damage determined by a certified forensic expert in the field of computer technology at joint costs (each pays 50% of the actual costs). The amount of damage determined in this way will be considered final and undisputed by both parties. The contractor has the right to request an advance in advance to pay the expert’s costs. The contractor is not responsible for damage to the equipment that occurred between the time the equipment was handed over to a third party for transportation in accordance with section 3.2 of these terms and conditions until it was physically handed over to the contractor. The moment of transfer of responsibility for damage to property is the physical handing over of the equipment to the contractor by the customer or a third party for servicing.

5.3.7 The customer acknowledges that the contractor is not responsible and is not liable for any costs incurred by the customer in connection with the repair of the equipment, i.e. for example lost profit, costs of telephone charges, internet connection, transport charges, etc.

5.3.8 In the event of disputes regarding defects or damage to equipment handed over to the contractor for service intervention, it is in the customer’s interest to document the condition of the equipment 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 and tear or mechanical damage to the equipment handed over by the customer, which the customer is unable to demonstrably declare as caused by the contractor. A unilateral declaration by the customer in the Contract about the condition of the equipment being handed over is not considered to be provable documentation of the condition of the equipment before repair – the contractor performs all service interventions on used equipment and the degree of wear cannot be clearly and indisputably described verbally.

5.3.9 In the case of orders submitted by the customer to the contractor indirectly (i.e. through a web repair order or by the customer sending equipment to the contractor through a third party), the customer does not have the option to influence the text that the customer specifies in the repair order or the accompanying letter of the equipment. All texts specified by the customer in the order (Contract) executed in this way are viewed as unilateral statements by the customer and are not legally binding for the contractor, because these texts are automatically transferred without the contractor’s intervention into the text of the Contract and this is printed on the contractor’s side in accordance with section 2.1.3 of these Terms of Service. Furthermore, the contractor does not have the obligation at the time of taking over the item for repair to carry out comprehensive tests of the equipment, with which he would check all the customer’s claims stated in the Contract – especially those that are not obvious at first glance, both in the case of handing over the item for repair in person, and in the case of equipment handed over to be repaired by a third party. If, during the course of the contract, the contractor discovers a discrepancy between the statements made by the customer and the facts, then he is not responsible for the discrepancy and has the right to bring the text of the Agreement into line with the facts. At the same time, the customer will be notified of this discrepancy. The contractor is entitled to determine the inconsistency of the customer’s claims with the facts at any time, not just when the equipment is accepted for repair. This paragraph mainly refers to the description of the condition of the device, the list of supplied accessories and objectively hard-to-find data about the device that are invisible at first glance, such as the presence, capacity and condition of data carriers, device functionality, display or print quality, noise, mechanical wear of parts, battery capacity , content of print cartridges, device configuration, etc.

5.4 Defective parts and their replacement

5.4.1 As part of the repair of the equipment, the contractor undertakes to environmentally dispose of the replaced defective parts at his own expense, if the customer does not request the return of the defective parts in the contract after the repair.

5.4.2 In cases where the possibility of obtaining service parts is limited or unprofitable, the contractor reserves the right in service orders to replace original defective parts with corresponding equivalent spare parts and components that ensure the required functions of the repaired device with the same quality as the original part.

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

5.4.4 The customer acknowledges that for devices repaired in the “exchange system” (the defective block is replaced entirely by the supplier with a new or refurbished block with warranty), it is not possible to request the return of the defective block after the device has been repaired, since the defective part has become an exchange the property of the contractor’s subcontractor, who in the exchange system provided a more favorable price for the part exchanged in this way than the price of the normal order of the part from the manufacturer. If the customer insists on returning the defective part in such a case, the contractor reserves the right to withdraw from the repair offer under the agreed price conditions.

6. Special service conditions applicable to the service of PC assemblies (repairs, modifications, upgrades, conversions)

6.1 The above-mentioned Service Conditions, which are supplemented by the following points, apply to the service of PC assemblies

6.1.1 Repair, modification, upgrade of a PC assembly is understood as the replacement of defective or customer-specified components with good ones, or the delivery of new components that have independently passed hardware tests without problems, or the repair of damaged existing components.

6.1.2 The contractor guarantees the hardware functionality of the individual invoiced parts that were replaced in the PC assembly or delivered to it based on the contractor’s offer agreed by the customer and are covered by the manufacturer’s warranty.

6.1.3 The Contractor is not responsible or liable for any problems caused by mutual incompatibility between hardware components, between installed hardware and software, or between software products.

6.1.4 The contractor is also not responsible for the functionality of any software, including operating systems operated by the customer on the serviced PC set, if this is not the subject of the order.

6.1.5 In the event of a customer’s request for warranty repair of a serviced PC assembly, the following conditions apply:

6.1.6 In the event of any customer request for warranty service intervention, only a complete hardware check and functionality tests of the individual hardware components invoiced for the claimed repair will be performed. Tests will be performed on the contractor’s reference test equipment.

6.1.7 If, based on these tests, the contractor finds that the individual components show problems, the request for warranty repair will be recognized as justified.

6.1.8 Otherwise, the contractor will not recognize the claim as justified and the customer will pay for the work associated with performing tests for the “device diagnostics” product. The price of the “device diagnostics” product is CZK 290 incl. VAT 21%. This price will be charged to the customer who requested the product only in the event of a subsequent refusal by the contractor to implement the order, as the diagnosis of the causes of the defect and the preparation of the price offer is the result of time-consuming and professional work by the technician and other workers of the contractor.

7. Final and Transitional Provisions

7.1 Delivery of notices to the customer

7.1.1 Notifications (including handling of complaints) are sent by the Contractor to the Customer via the telephone service provider to the telephone number specified by the Customer in the “Service Protocol” document, otherwise to the specified address of permanent residence/place of business or registered office. If the sent notice fails to be delivered, it is deemed to have been delivered by delivery to the above-mentioned address or by the expiration of the deadline for collecting the notice, or by the date of return of the sent notice, whichever occurs first. The correspondence address can also be an e-mail (electronic address), which the customer communicates to the contractor for the purpose of delivering the notice, and if he requests or agrees to this method of delivery. The moment of receipt of the notification by the recipient’s server is then considered to be the moment of delivery.

7.1.2 In the case of delivery of a notification via SMS, the notification is considered to have been delivered at the moment of its delivery to our SMS centre.

7.1.3 If the Customer is also registered in the Client section at http://servis.lexaco.cz, notifications that we make available through the Client section will also be considered delivered at the time they are made available. In this regard, please note that we are not required to send the written notice specified in paragraph 7.1.1 above if delivered via the Client Section, and therefore please check frequently for notices delivered to your Client Section.

 7.2 Legal Regulations

7.2.1 These Terms of Service are subject to the relevant provisions of Act No. 89/2012 Coll., Civil Code, Act No. 90/2012 on Business Companies and Cooperatives (Business Corporations Act) and Act No. 101/2000 Coll., on the protection of personal data, and Act No. 634/1992 Coll. on consumer protection, as amended.

7.2.2 If any article of the Contract or the Contractor’s Terms of Service comes into conflict with the law of the Czech Republic due to amendments to legal regulations or the adoption of new legal regulations, then the validity of the relevant article is affected by the current wording of the legal regulation and to the extent that the relevant provision is invalid, it takes precedence the wording of the current legal regulation before the Agreement and the Terms of Service. 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 terms of service.

7.3 Effectiveness

7.3.1 The terms of service are effective from September 1, 2021. The Contractor reserves the right to change these Terms of Service without prior notice. The Customer will be notified of such a step on the website www.lexaco.cz.