The seller is responsible to the consumer that the goods bought from the seller:
have the required quality and utility attributes, operational and technical parameters specified by the manufacturer and their use for the specified purposes has been approved in accordance with the relevant generally binding legal regulations in the territory of the Slovak Republic
comply with the health, hygiene and other conditions laid down therein in accordance with generally binding legal regulations;
are without defects;
have been sold to the consumer for the agreed price at the time of order placement and this price was correctly charged to the consumer.
The seller’s liability according to the point 1 applies to the same extent to the goods purchased at reduced prices within special offers sale where a price discount has been granted and where the sale is subject to the fulfilment of specific and agreed conditions.
Upon sale, the seller is obliged to issue to the consumer documents on the purchase of the goods in the form determined by binding legislation. The seller shall provide to the consumer a warranty certificate if required by the nature of the goods.
The consumer shall have the right to make a complaint for the defect found on the purchased goods upon the goods receipt or during the warranty period.
The consumer is obliged to exercise his or her right to claim the defect of the goods upon the receipt or within the warranty period, without undue delay, but no later than before the expiration of the warranty period. If the consumer does not exercise his or her right to claim the defect during the warranty period, the right will expire. Any rights to claim the defect applicable to the defects of the products prone to quick quality deterioration are obliged to be exercised no later than on the day following the purchase, otherwise these rights will expire.
The seller is responsible to the consumer for the defects:
that already existed upon goods receipt
or occurred after the receipt of the goods within the warranty period.
The seller is not responsible for the defects:
which occurred after the warranty period, or which were claimed after the expiration of the warranty period
in case the consumer does not prove by a document or by other sufficiently credible means that the claimed goods were purchased from the seller and that the provided warranty period has not yet expired
claimed by the consumer after the expiration of the warranty period, unless the consumer demonstrates with a warranty certificate or by other sufficiently credible means that he or she has been granted a longer warranty period than the warranty period defined by generally binding regulations
caused by the consumer or other (third) person, or caused independently of their actions by damage in situations of force majeure
caused by an improper use or by use for purposes other than those for which the goods are intended by their nature or caused by arbitrary modifications and repairs.
that have arisen as a result of non-compliance with instructions and explicit warnings, or have been caused by a consumer, by his or her improper use, storage or were stored in an unsuitable environment.
The warranty period is valid for 24 months and starts to run from the day when the goods are received by the consumer.
If a different period of use is specified on the purchased goods, on their packaging or in the attached instructions, the warranty period shall not end before the expiry of this period.
In case of the goods sold at a lower price due to their defect, the warranty period is set for 24 months, whereas, the defects due to which the goods were sold cheaper are excluded from the warranty.
In case of the used goods, the warranty period is 12 months.
If the items are not prone to quick quality deterioration or used, the seller is responsible for the defects that occur after their receipt within the warranty period.
The seller may grant an extended warranty period. The conditions and the scope of granting must be specified on the purchase document or on the warranty certificate.
The warranty period does not include the time between the day when the consumer exercised his right from liability for defects and the day from which the consumer was obliged to take over the goods after the repair or the end of the complaint procedure. The seller is obliged to issue to the consumer a confirmation on when he exercised the right, what repairs have been done and their duration. If the item is exchanged, the warranty period will start to run again from the receipt of the new goods.
The seller accepts the complaints at all his premises via employees in charge or via managing employees. Exceptions to this provision are complaints of the goods delivered directly to the seller’s address, when the seller receives the complaint at the address specified on the document accompanying the shipment.
When exercising the right to make a complaint, the seller is obliged to issue to the consumer a written confirmation of receipt of the complaint (claim protocol) containing the seller ’s and the consumer ’s identification details, the name, quantity and possible accessories of the claimed goods, description of the defects, the consumer ’s preferred complaint resolution option and an approximate date of the complaint ’s resolution. Even in the cases when it is evident that the complaint shall not be accepted by the seller, the seller is obliged to issue a written document to the consumer with the reasons for rejection. If the complaint is made by means of long-distance communication, the seller is obliged to deliver the claim acknowledgement to the consumer immediately; if it is not possible, it must be delivered without undue delay, however, not later than when delivering the complaint resolution document; the complaint acknowledgement does not need to be delivered if the consumer can prove the claim in a different way.
The seller is obliged to issue a written document on complaint resolution no later than 30 days from the complaint date.
Resolution of the complaint does not affect consumer’s right to compensation under a special regulation.
If the consumer makes the complaint properly, nevertheless, the complaint is not accepted by the authorized employee or by the manager and, simultaneously, there is a reason to assume that non-recognition of the complaint or the handling process have been contrary to this claim policy or applicable laws; the consumer is entitled to send a written complaint about the approach and the method of the complaint handling directly to the address of the official seat of the seller.
In accordance with the provisions of this claim policy and the provision of the applicable law, if the consumer is obliged to take over the defective goods from the seller or the seller provably requests him to take over the claimed goods, the consumer is obliged to take over the subject of the complaint without undue delay but no later than 15 days from the day when this obligation arose. If the consumer does not take over the goods, the seller is not responsible for any damages to the goods.
The consumer claims the goods orally, in a written form, by phone, by fax or by means of electronic communication.
The consumer shall exercise his or her right to claim the defective goods by submitting a cash or other accounting (tax) document proving the purchase of the goods, and a complete and unaltered warranty certificate confirmed by the seller, or other documents requested by the seller as needed, from which it is undoubtedly clear that the item was purchased from the seller and that the warranty period provided by the seller to claim its defect has not yet expired.
When exercising the right to claim defective goods, the consumer is obliged to present to the seller, besides the documents pursuant to the previous point, also the purchased goods.
When exercising the right to claim the defective goods, the seller is obliged to inform the consumer about his or her rights according to generally binding regulations; based on them the consumer decides which of these rights he or she prefers to exercise; this will determine the next method of the complaint handling.
If the consumer claims the goods, the seller will decide on the method of its handling and will handle the complaint
1. Immediately
2.Within 3 working days from the day when the complaint was made, in justified cases, especially if a complex technical assessment of the condition of the product is required, no later than 30 days from the day when the goods were claimed. After the expiration of the period for handling the complaint, the consumer has the right to withdraw from the contract or to have the product exchanged for the new one.
If the consumer has exercised his or her right to claim the defective goods:
1. During the first twelve months following the purchase, the seller may reject the complaint only upon professional expertise; regardless of the outcome of the expertise, the consumer cannot be required to reimburse the costs of the expertise or other related costs, the seller is obliged to provide the consumer with a copy of the expertise justifying the reason of the complaint rejection no later than 14 days from the date of the complaint handling.
2. If the consumer claims defective goods twelve months after the purchase and the seller has rejected the claim, the authorized employee or the manager of the store who handled the claim is obliged to specify on the claim document to whom the consumer can send the goods for further expertise. If the expertise proves the seller is responsible for the defective goods, the buyer can file a complaint again; during the expertise, the warranty period is not running. The seller is obliged to reimburse all costs incurred for the expertise, as well as all related incurred costs to the consumer within 14 days from the date when the complaint was re-filed. The re-filed complaint cannot be rejected.
If the claim is justified and the claim conditions are met, the seller will either exchange the product for a new one or repair the defects. If the seller is unable to do so due to the unavailability of the goods, he will refund the consumer.
If the defective goods can be repaired, the defect can be removed, the goods will be repaired during the warranty period free of charge, properly, on time and without undue delay. If the defect cannot be repaired, the buyer has the right to have the product exchanged or is entitled to a refund.
The consumer may request replacement for the defective product or for the defective part of the product instead of the defect removal, if such measure does not cause unreasonable costs to the seller considering the product’s price or defect’s severity.
The seller is always entitled to replace the defective product by the non-defective product instead of defect removal if such measure does not cause serious difficulties to the consumer.
If the consumer is not able to use the product due to the recurrence of the defect after the repair or due to a number of defects, he or she has the right to return the goods or have a refund within the warranty period. The recurrence of the same defect after the repair means that the same defect has occurred after at least two previous repairs. Under the number of defects, we understand at least three coexisting different irremovable defects while each of them prevents the goods from their use.
If the product is replaced by a new product, the new warranty period begins to run on the day when the new product is received by the consumer.
If the seller does not repair the claimed goods under the warranty period within 30 days, the goods are considered as irreparable, and the consumer is entitled for the replacement or the refund.
In accordance with the relevant legislation, when delivering the goods through a postal company or a courier ( or other delivery service provider, hereinafter referred to as “transport intermediary”) the consumer is obliged to make a complaint and write a protocol on the damage of the received consignment at the time of its pick-up from the intermediary (e.g. in case of the torn consignment, damaged packaging, other signs of improper handling during delivery, etc.) or to refuse the damaged consignment. If the consumer does not do so upon the receipt of the consignment, the consumer loses the right to file a complaint for the above-mentioned reason.
The consumer is obliged to check the delivered package properly upon its receipt without undue delay in order to detect any possible damage, incompleteness or discrepancies between the content of the package and the delivery note (invoice). The consumer is obliged to inform the seller about any detected defect within 48 hours from the time when the goods were received. By goods receipt, we understand delivery of the consignment by the transport intermediary (carrier) to the consumer.
When claiming the goods received by consignment, the consumer is obliged to notify the seller about any detected defects in writing indicating the preferred complaint resolution. The consumer shall send the claimed goods to the seller along with the written notification (or with the claim protocol available on the website of the seller) to the address indicated on the delivery note (invoice), or he or she can also claim the goods in person on the seller’s address mentioned on the delivery note (invoice)
The complaint is considered unjustified when the claiming defects are not resulting from the contractual relationship between the seller and the consumer, or they conflict with generally binding legal regulations or good morals; if the facts stated in the consumer’s claim are not based on truth or the complaint has been made after the warranty period.
