Reclamations

TAKEN FROM THE GENERAL TERMS & CONDITIONS PART 8. RECLAMATION (RESPONSIBILITY FOR DEFECTS, WARRANTY, RECLAMATIONS)

Reclamation can be filed for goods purchased by the buyer from the seller in the form of electronic shop at the Internet webpage of the seller.

The buyer has the right to claim warranty with the seller only for goods, which shows defects, which were cause by the manufacturer, vendor or seller, warranty does apply to it and it was purchased from the seller.The buyer is obliged to carry out an inspection of the goods upon receipt.
If he/she doesn’t do so, he/she can claim defects found during this inspection, only if he/she can prove that the goods had these defects already at the time of the receipt.

During the warranty period the customer has the right to free removal of the defect after submitting the goods, including accessories, documentation and manual to an authorized representative of the seller together with the warranty certificate and proof of payment.

If the goods show defect, the customer has the right to file reclamation, fill out a form (HERE) to file reclamation and delivers it to the seller. The buyer is obliged to precisely mark the type and extent of the defect on the goods in the form.

Reclamation procedure for the goods, which can be objectively delivered to the seller starts on the day, when all of the following conditions have been met:

1. delivery of a filled out form to file reclamation by the buyer to the seller,
2. delivery of the claimed goods from the buyer to the seller.

The seller recommends the buyer to insure the shipment of goods. Goods sent by money on delivery are not taken by the seller.

The beginning of the reclamation procedure is also the day the reclamation is filed.

The buyer is obliged to claim defects on goods with the seller without any unnecessary delay, otherwise the buyer looses the right against the seller for free removal of the defect.

The seller or a designated person issues the buyer a confirmation on filing reclamation of goods in a suitable form chosen by the seller, e.g.: in the form of an E-mail, in which he is obliged to exactly mark defects on the goods, pursuant to § 18 Sec. 5 of the Act and instruct the consumer about his/her rights based on § 622 and § 623 of the Civil Code.

Based on the decision of the buyer, which he/she applies based on his/her rights according to § 622 and § 623 of the Civil Code, the seller or a designated person is obliged to determine the method of handling the reclamation, based on § 2 Let. m) of the Act immediately, in more complex cases within 3 days since the reclamation procedure has started, and in justified cases within 30 days from the day the reclamation procedure has started. After expiration of the deadline to settle the reclamation, the consumer has the right to withdraw from the contract, or he/she has the right to have the goods exchanged for new goods (HERE). The seller informs the buyer about the completion of the reclamation procedure and about the result of the reclamation by E-mail and the buyer will be delivered a reclamation protocol together with the goods. If the buyer filed reclamation within the first 12 months since closing the purchase contract, the seller can refuse the claim only based on an expert’s opinion or a statement of a designated person (hereinafter referred to as “professional assessment of the goods”). Irrespective of the professional assessment of the goods, the seller cannot demand for the buyer to cover the costs of the professional assessment of the goods, or other costs related to the professional assessment of the goods.

The buyer does not have the right to file warranty for defects, about which he/she was notified by the seller at the time of closing the contract, or about which he/she had to have knowledge given the circumstances, under which the purchase contract was closed.

The seller can always replace a defective item for a new one instead of removing the defect, if this does not cause severe difficulties to the buyer.

Right to file reclamation by the buyer with the seller expires by

1. not submitting the warranty certificate, accessories or documentation of the goods,
2. not informing about obvious defects upon receipt,
3. expiration of the warranty period of the goods,
4. mechanical damage of the goods caused by the buyer,
5. use of goods in conditions, which are not correspond based on their humidity, chemical or mechanical effects to a natural environment,
6. improper handling, manipulation or neglecting care for the goods,
7. damage of the goods by excessive load or use in contrary with the conditions listed in the documentation,
8. general rules, technical standards or safety regulations valid in the Slovak Republic,
9. damage of the goods by irreversible an/or unforeseeable events,
10. damage of the goods by accidental destruction and accidental deterioration,
11. improper tampering, damage during transportation, damage by water, fire, static or atmospheric electricity or other force majeure.

The warranty does not cover common wear and tear of the item (or part thereof) caused by use. Thus the shorter life span of a product cannot be considered a defect and cannot be grounds for reclamation.

This does not apply, if the buyer upon receipt of the goods in conflict with the purchase contract knew about the conflict or caused the conflict him or herself. Conflict with the purchase contract, which manifests within six months since the day the goods were receipt is considered a conflict existing at the time of the receipt, if this does not contradict the nature of the goods or if it is not proven otherwise. In case of conflict of the goods with the contract, the consumer is entitled to arrangement of a remedy, namely:

• bringing the consumer goods into a condition corresponding to the contract by the means of a repair free of charge,
• adequate reduction of the purchase price,
• replacement delivery of goods,
• withdrawal from the contract.

The seller is obliged to process the reclamation and terminate the reclamation procedure by one of the following means:

1. handing over repaired goods,
2. exchange of the goods,
3. returning the purchase price of the goods,
4. paying adequate discount from the price of the goods,
5. written notice to accept the fulfillment set by the seller,
6. justified refusal of the reclamation of the goods.

The seller is obliged to issue a written document about the method of handling the reclamation and about settling the reclamation to the buyer no later than 30 days after the reclamation has been filed by an E-mail or in written form.

The warranty period is 24 months (unless another warranty period is set for specific cases) and begins on the day when the goods are receipt by the buyer.

The warranty period is extended by the time during which the buyer could not use the goods due to warranty repair of the goods.

In case the goods are exchanged for new ones, the buyer will receive a document, which will list said exchanged goods, and other possible reclamations will be filed based on the original delivery note and this reclamation document. In case the goods are exchanged for new ones, the warranty period will start anew when these new goods are receipt, but only for the new goods.

First, the consumer can demand from the seller a repair free of charge or a free additional delivery of the consumer goods. The buyer has the right for exchange of goods only if this is not excessive due to the nature of the defect. The seller will decide whether the defect is excessive or not. This decision will determine further course of actions based on legislation.

All warranty repairs are free, if the right for their application did not expire based on article 8.14 of General Terms and Conditions.

If the defect is removable, the reclamation will be processed based on the decision of the buyer according to article 8.11. of Reclamation and Business Conditions in the following way:

1. the seller ensures the removal of the defect, or
2. the seller exchanges the defective goods.

If the defect is not removable, or a removable defect repeated multiple times, or a greater number of various removable defects, which prohibit proper use of the goods, based on the decision of the buyer according to article 8.11 of Reclamation and Business Conditions, the seller handles the reclamation in this way:

1. exchange of goods for other goods, functional, of identical or better technical parameters, or
2. in case the seller cannot perform exchange of goods for other goods, he handles the reclamation by issuing a credit note for the defective goods.

Processing of the reclamation relates only to defects listed in the form to file reclamation.

For the purposes of the reclamation, multiple times repeated removable defect is considered the occurrence of a single defect more than twice.

For the purposes of the reclamation, greater number of various removable defects is considered the occurrence of more than three different removable defects simultaneously.

For the purposes of the reclamation, the period after closing the purchase contract, during which the buyer cannot properly use the goods, is the period, which collectively makes up for more than 180 days.

Right of the buyer to file reclamation for defects of goods is considered as used, after he/she used his/her right and asked the seller to remove a defect of the goods based on article 8.8. of these Reclamation and Business Conditions, irrespective of the outcome of the reclamation, he/she is not entitled to repeatedly file reclamation for the same unique defect (not a defect of same nature).

Reclamations

TAKEN FROM THE GENERAL TERMS & CONDITIONS PART 8. RECLAMATION (RESPONSIBILITY FOR DEFECTS, WARRANTY, RECLAMATIONS)

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