1.1. If it is a defect of the goods that can be removed, the buyer has the right to be free, timely and properly removed. The Seller is obliged to remove the defect without undue delay.
1.2. Instead of removing the defect, the Buyer may
require the replacement of the goods, or, if the defect concerns only the part
of the goods, replacement of the component, unless the Seller incurs
unreasonable costs with respect to the price of the goods or the seriousness of
the defect.
1.3. The seller may always replace the defective goods as defective instead of removing the defect if this does not cause serious difficulties to the buyer.
1.4. If it is a defect of goods that cannot be removed and prevents goods from being properly used as a non-defective item, the buyer has the right to exchange the goods or has the right to withdraw from the contract. The same rights belong to the buyer if it is a removable defect, but if the buyer cannot properly use the goods for recurrence of the defect after repair or for a number of defects.
1.5. If there are other irreparable defects, the buyer has the right to a reasonable discount on the price of the goods.
1.6. The seller instructed the buyer about his rights under the law. § 622 of the Civil Code (points 8.1. To 8.3. Of these Terms and Conditions of Sale and Claim) and the rights arising from it. Section 623 of the Civil Code (clauses 8.4 to 8.5 of these Business and Complaints Terms and Conditions) by placing these business and complaint terms on the relevant e-commerce sub-page of the Seller and the Buyer was able to read them before the order was sent.
1.7. The Seller is liable for defects of goods in accordance with the valid regulations of the Slovak Republic. The Buyer is obliged to file a complaint with the Seller or with the designated person. Information on designated persons and service points for warranty and post-warranty service is provided on the back of the warranty card or provided by the seller to the buyer upon request by phone or e-mail.
1.8. The complaint procedure is governed by the valid complaint procedure of the seller, ie Art. 8 of these Terms and Conditions of Sale and Claim. The buyer was fully informed about the complaint procedure and informed about the terms and conditions of the complaint, including information on where the complaint can be made, and on the performance of warranty repairs in accordance with the provisions of the Provision. § 18 para. 1 of the Act in the time before the conclusion of the purchase contract by placing these business and complaint conditions on the relevant sub-page of the seller's e-commerce and the buyer was able to read them before the order was sent.
1.9. The Complaints Procedure applies to goods purchased by the Buyer from the Seller, in the form of e-commerce, on the Seller's e-commerce website.
1.10. The buyer has the right to claim liability for defects of goods purchased from the seller for which the manufacturer, supplier or seller is responsible during the warranty period.
1.11. If the goods shows defects, the buyer has the right to file a complaint in the establishment of the seller in accordance with est. § 18 (2) of the Act, so as to deliver the goods to the facility of the seller and the seller delivers the manifestation of the will of the buyer to exercise its right pursuant to sections 8.1. up to 8.5. these business and return conditions (hereinafter "Notice of exercising the claim"), for example, in the form of the completed form for complaints, which is placed on the appropriate sub-page of the electronic shop of the seller. The seller recommends that the goods, when sending the complaint, to insure. Cod shipments the seller accepts. The buyer is obliged to in the Notice of exercising the claim has truthfully reported all required information, especially the exact mark, the nature and extent of the defects of the goods. The buyer also indicate which of its rights arising from the chapter. § 622 and 633 of the Civil code applies. The buyer has the right to file a complaint also with the person authorized by the manufacturer of the goods to perform warranty repairs (hereinafter the "designated person"). The list of designated persons is set out in the warranty or on the buyers request.
1.12.The complaint
procedure concerning goods, which can be delivered to the seller begins the day
are met cumulatively all of the following conditions:
(a) the delivery of
Notice of exercising the claim to the seller,
(b) delivery of the claimed goods from the buyer to the seller or designated person.
1.13. The seller or a designated person shall issue to the buyer a confirmation of the application to claim the goods in an appropriate form chosen by the seller, e.g. in the form of e-mail or in written form, in which it is required to accurately mark the claimed defects of the goods and once again instruct the consumer about his rights arising from paragraph 8.1. up to 8.3. these business and return conditions (chpt.. § 622 Civil code) . If the claim is invoked by means of remote communication, the seller is obliged to confirm the application of the complaint delivered to the buyer immediately. If it is not possible to confirm the deliver immediately,
1.14. The buyer is entitled to decide which of its rights in terms of chapter. § 622 and chapter. § 623 of the Civil code applies, and at the same time is obliged to information about their decisions deliver to the seller. On the basis of the decision of the buyer, which of its rights in terms of chapter. § 622 and chapter. § 623 of the Civil code applies, the seller or a designated person shall determine the way of processing the claim according to the chapter. § 2 (m) of the Act immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases, particularly if it requires complex technical assessment of the state of the goods at the latest within 30 days from the date of the beginning of the complaints procedure. After the determination of the way of the claim seller or a designated person shall settle the claim immediately, in justified cases it may be possible to process the claim at a later date. The settlement of the claim but may not take longer than 30 days from the date of lodging the complaint. After expiry of the period for settlement of the claim, the consumer has the right to withdraw from the contract, or the right to exchange the goods for new goods.
1.15. If the buyer has claimed the goods during the first 12 months after the conclusion of the purchase contract, the seller may settle the claim by refusal only on the basis of an expert's opinion or an opinion issued by an authorized, notified or accredited person or a designated person's opinion (hereinafter referred to as “expert assessment of goods”). Regardless of the outcome of the expert assessment, the Seller may not require the Buyer to pay for the costs of expert assessment of the goods or other costs associated with the professional assessment of the goods.
1.16. If the buyer made the claim for the product after 12 months of the purchase contract and the seller rejected it, the person who settled the claim is in the proof of the claim that the buyer can send the goods for professional assessment. If the buyer sends the goods for professional assessment to the designated person specified in the document, the expert's assessment of the goods, as well as all other related costs, are borne by the seller, regardless of the result of the expert assessment. If the Buyer is responsible for the claim of defective goods by a professional assessment, he / she may reclaim the claim; the warranty period does not occur during the performance of the professional assessment of the goods. The Seller is to pay for the Buyer within 14 days of the claim for all professional costs. A reclaimed claim cannot be rejected.
1.17.The warranty
does not apply to defects that the buyer was warned about at the time of
conclusion of the contract, or who, having regard to the circumstances under
which the contract was concluded, had to know .
1.18. The Seller reserves the right to replace defective goods with other impeccable goods with the same or better technical parameters if this does not cause serious difficulties to the Buyer.
1.19. The seller is
not responsible for defects of the goods:
a) if the buyer has
not exercised his right regarding the seller's liability for the defect of the
goods until the end of the warranty period,
b) if the goods are
damaged by the goods caused by the buyer,
c) if which do not
meet the natural environment of the goods by their intensity, humidity,
chemical and mechanical effects;
d) if the defect of
the goods is due to improper handling, servicing or neglect of the care of the
goods; in the documentation or general principles of the usual use of the
goods,
e) if the defect of
the goods is caused by damage to the goods by excessive loading or use contrary
to the conditions specified in the documentation or the general principles of
normal use of the goods;
f) if the defect of
the goods was caused by damage to the goods by unavoidable and / or
unpredictable events,
g) if the defect of
the goods was caused by damage to the goods by accidental damage and damage, m
water, fire, static or atmospheric electricity or other force majeure,
h) if the defect of
the goods was caused by unprofessional intervention, water damage, fire, static
or atmospheric electricity or other force ,
i) if the defect of
the goods was caused by interference with the goods to an unauthorized person.
If the shipment is
not complete, if it is an obvious defect that the buyer could detect by checking
the shipment upon delivery of the goods and which he did not notify the
seller's representative in accordance with clause 5.9 of these Complaint and
Business Terms, later complaints of this kind will only be accepted if the
buyer proves that the defects claimed were already in the time of its receipt
by the buyer.
1.20. The Seller is
obliged to settle the claim and terminate the complaint procedure in one of the
following ways:
a) handing over the
repaired goods; ,
b) exchange of goods,
c) return of the
purchase price of the goods,
d) payment of a
reasonable discount on the price of the goods,
e) a written
invitation to take over the seller's specified performance,
f) reasonably refused
a claim for goods.
1.21. The Seller is
obliged to issue a written document to the Buyer about the manner of
determining the handling of the complaint and about the equipment of the
complaint, no later than 30 days from the date of the claim being filed
personally, through the postal or courier or delivery service provider.
The seller will
inform the buyer of the result of the claim settlement immediately after the
complaint procedure has been completed by telephone or e-mail and at the same
time he will be together with the goods, respectively. a complaint proof document
is delivered via e-mail.
1.22. The warranty
period is 24 months from the date of delivery of the goods, unless a specific
warranty period is specified for specific cases.
1.23. The warranty
period is extended by the period for which the buyer could not use the goods
for warranty repair.
1.24. In case of
replacement of the goods with a new one, the buyer will receive a document
indicating the exchange of goods, and any other claims shall be made on the
basis of the purchase contract and this claim document. In the case of
replacement of the new goods, the warranty period will run again, from the
receipt of the new goods, but only to the new goods.
1.25. As regards the
removable defect, the complaint will be handled according to the buyer's decision
under point 8.15. these warranty and business terms and conditions as follows:
a) the seller ensures
the removal of the defect, or the seller replaces the defective goods.
b) replace the
defective goods by the seller.
1.26. As regards the
removable defect, the Buyer shall not determine immediately according to
paragraph 8.15. these complaints and business conditions, how the complaint
should be equipped, the seller will settle the complaint by removing the
defect.
1.27. If it is a
defect that cannot be removed, or one or more repeated removable defects, or a
greater number of different removable defects that prevent the goods from being
used properly without defects, the seller will, depending on the buyer's
decision according to the point 8.15. of these complaints and business
conditions, the claim as follows:
a) exchange of goods
for other functional goods of the same or better technical parameters, or
b) in the event that
the seller cannot exchange goods for another, he will settle the claim by refunding
the purchase price for the goods.
1.28. Complaint handling applies only to defects specified in the Notice on Claim Complaint and in the Claim of Goods Claim, according to clause 8.14. these terms and conditions.For the purposes of the claim, the removable defect is repeatedly considered to be more than twice the occurrence of one removable defect.
1.29. For the purpose
of complaint, the occurrence of more than three different removable defects is
considered to be the greater number of different removable defects.
1.30. The right of
the buyer to claim a defect in the goods is after he has exercised his right
and asked the seller to remove the defect of the goods under point 8.1. of
these claims and business terms consumed, and regardless of the outcome of the
claim, any re-claim of the same unique defect (not defects of the same type)
will be rejected.
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