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Gewährleistung

  1. In the case of defect of the goods that can be removed, the buyer has the right for to have it removed free of charge, on time and properly. The seller is obliged to remove the defect without undue delay. This shall not apply in the case of reduced durability or performance of the goods or normal wear of the goods, in particular batteries and fluorescent lamps.
  2. Instead of removing the defect, the buyer may require replacement of the goods or, if the defect concerns only a part of the goods, the replacement of the part if this does not incur excessive costs for the seller with respect to the price of the goods or the severity of the defect.
  3. Instead of removing the defect, the seller may always replace the defective goods with flawless goods, unless this causes the buyer serious difficulties.
  4. In case of a defect of the goods that cannot be removed, and which prevents the goods from being properly used as a thing without a defect, the buyer has the right to exchange the goods or has the right to withdraw from the sales contract. The same rights belong to the buyer in the case of removable defects, but the buyer cannot properly use the goods due to the reccurent occurrence of the defect after repair or because of a larger number of defects.
  5. In the case of other irremovable defects, the buyer is entitled to a reasonable discount on the price of the goods.
  6. The seller instructed the buyer about their rights arising from the prov. Sec. 622 of the Civil Code (paragraphs 8.1. to 8.3. of these terms and conditions of sale and warranty) and the rights resulting from it under the prov. Sec. 623 of the Civil Code (paragraphs 8.4. to 8.5. of these terms and conditions of sale and warranty) by placing these terms and conditions of sale and warranty on the seller's relevant e-shop sub-page and the buyer had the opportunity to read them before the order was placed.
  7. The seller is liable for defects of the goods in accordance with the valid regulations of the Slovak Republic and the buyer is obliged to file a claim with the seller or a designated person. Information about the designated persons and points for warranty and post-warranty service can be found on the back of the warranty card or the seller provides them for the buyer upon request by telephone or by e-mail.
  8. The settlement of returns is subject to the applicable return procedure of the seller, i.e. art. 8 of these terms and conditions of sale and warranty. The buyer has been properly acquainted with the return procedure and has been informed about the terms and conditions of the return of the goods, including information on where the return can be applied and the execution of warranty repairs in accordance with the prov. Section 18 par. 1 of act no. 250/2007 Coll. on Consumer Protection and on the amendment of act of the Slovak National Council no. 372/1990 Coll. on misdemeanors, as amended (hereinafter referred to as the "Act") before the conclusion of the sales contract by placing these terms and conditions of sale and warranty on the seller's relevant e-shop sub-page and the buyer had the opportunity to read them before sending the order.
  9. The return procedure applies to goods purchased by the buyer from the seller in the form of an e-shop on the seller's e-shop website.
  10. The buyer has the right to claim from the seller liability for defects of goods relating only to goods that show defects for which the manufacturer, supplier or seller is liable, covered by warranty and purchased from the seller.
  11. If the goods show defects, the buyer has the right to request a return in the seller's premises in accordance with the prov. Section 18 par. 2 of the Act by delivering goods to the seller's premises and delivering to the seller a manifestation of the buyer's will to exercise their right under art. 8, points 1 to 5 of these terms and conditions of sale and warranty (hereinafter referred to as "Notice of applying a return") The seller recommends to insure the goods when it is sent for return by the customer. The seller does not take packages cash on delivery. The buyer is obliged to state in the Notice of applying a return truthfully all required information, in particular precisely indicate the type and extent of the defect of the goods; the buyer shall also indicate which of their rights under prov. Section 622 and 633 of the Civil Code they apply. The buyer has the right to request a return with a person authorized by the manufacturer of the goods to perform warranty repairs (hereinafter referred to as "designated person"). The list of designated persons is listed in the warranty card or the seller sends it to the buyer upon their request.
  12. The seller or designated person shall issue to the buyer a confirmation of applying the return of the goods in a suitable form chosen by the seller, eg. in the form of an e-mail or in written form, in which they are obliged to precisely identify the claimed defects of the goods and instructs the consumer once again about their rights under art. 8 par. 1 to 3 of these terms and conditions of sale and warranty (prov. Section 622 of the Civil Code) and rights, that result to them from art. 8 par. 4 to 5 of these terms and conditions of sale and warranty (prov. Section 623 of the Civil Code). If the return is made by means of remote communication, the seller is obliged to deliver the confirmation of application of the return to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the proof of return settlement; confirmation of the return need not be delivered if the buyer has the opportunity to prove the application of return otherwise.
  13. The buyer is entitled to decide which of their rights under prov. Section 622 and prov. Section 623 of the Civil Code they apply and at the same time obliged to deliver information about their decision to the seller without delay. According to the buyer's decision, which of their rights under prov. Section 622 and prov. Section 623 of the Civil Code they apply the seller, or the designated person is obliged to determine the method of settlement the return pursuant to the prov. Section 2 let. m) of the Act immediately, in more complicated cases within 3 days from the beginning of the return procedure, in justified cases, especially if a complex technical evaluation of the condition of the goods is required no later than 30 days from the day of the beginning of the return procedure. After determining the method of settling the return, the seller or the designated person will settle the return immediately; in justified cases, the return can be settled later. However, the settlement of return must not take more than 30 days from the date of requesting the return. After the futile expiry of the period for settling the return, the consumer has the right to withdraw from the contract or has the right to exchange goods for new goods.
  14. If the buyer has requested a return of the goods within the first 12 months of the sales contract, the seller may refuse the return only on the basis of an expert opinion or an opinion issued by an authorized, notified or accredited person or a viewpoint of a designated person (hereinafter only "expert goods assessment"). Regardless of the outcome of the expert goods assessment, the seller may not require the buyer to pay for the expert goods assessment or other costs related to the expert goods assessment.
  15. If the buyer requested a return after 12 months from the conclusion of the sales contract and the seller has rejected it, the person who settled the return is obliged to state in the document of the settlement of return to whom the buyer can send the goods for expert assessment. If the buyer sends the goods for expert assessment to the designated person specified in the return settlement document, the costs of expert goods assessment as well as all other related purposefully spent costs shall be borne by the seller, regardless of the result of the expert assessment. If the buyer proves the seller's responsibility for the claimed defect of the goods by expert judgment, they can request the return again; the warranty period does not expire during the expert goods assessment. The seller is obliged to pay to the buyer within 14 days from the date of the reapplied return all the costs incurred from the expert goods assessment, as well as all related costs reasonably incurred. A reapplied return cannot be rejected.
  16. The buyer is not entitled to exercise the right of liability for defects about which the seller notified them at the time of conclusion of the contract or which, having regard to the circumstances in which the sales contract was concluded, the buyer had to know.
  17. The seller reserves the right to replace the defective goods with other flawless goods with the same or better technical parameters, unless this causes the buyer serious difficulties.
  18. The seller is not responsible for defects of the goods:
    1. if it is an obvious defect which the buyer could detect by checking the shipment on delivery of the goods and which they did not notify the agent of the seller in accordance with point 5.8. of these terms and conditions of sale and warranty,
    2. if the buyer has not exercised their right regarding the seller's liability for the defect of the goods until the end of the warranty period,
    3. if the goods are defective by mechanical damage to the goods caused by the buyer.
    4. if the defect of the goods is caused by the use of the goods in conditions which do not correspond to the natural environment of the goods due to their intensity, humidity, chemical and mechanical influences,
    5. if the defect of the goods was caused by unprofessional handling, servicing or neglect of the care of the goods,
    6. if the defect of the goods was caused by damage to the goods by excessive load or use contrary to the conditions specified in the documentation or the general principles of normal use of the goods,
    7. if the defect of the goods is caused by damage to the goods by unavoidable and/or unpredictable events,
    8. if the defect of the goods was caused by damage to the goods by accidental damage and accidental deterioration,
    9. if the defect is caused by unprofessional interference, water damage, fire, static or atmospheric electricity or other force majeure,
    10. if the defect of the goods was caused by interference with the goods by an unauthorized person.
  19. The seller is obliged to settle the return and terminate the return procedure in one of the following ways:
    1. by handing over the repaired goods;

    2. by exchange of goods,

    3.  by refund of the purchase price of the goods,

    4. by paying of a reasonable discount on the price of the goods,

    5. by written requisition for taking settlement designated by the seller,

    6. by justified refusal of warranty claim of the goods.

  20. The seller is obliged to issue a written document on the method of determining the return settlement no later than 30 days from the date of the request of return in person, through the postal, courier or delivery service provider
  21. The seller will inform the buyer about the outcome of the return settlement immediately after the return procedure by telephone or e-mail and at the same time the buyer will be delivered document on return settlement by e-mail
  22. The warranty period is 24 months from the date of delivery of the goods. This applies unless the warranty period is different for individual cases.
  23. The warranty period is extended by the period during which the buyer could not use the goods due to the warranty repair of the goods.
  24. In the case of exchange of goods for a new one, the buyer will receive a document stating information on the exchange of goods and any other returns shall be requested on the basis of the sales contract and this return document. In the case of replacement of the goods for a new one, the warranty period will start again from the receipt of the new goods, but only for the new goods.
  25. Regarding the removable defect, the return will be settled as follows: 
    1. the seller will ensure the removal of the defect, or
    2. the seller will exchange the defective goods.
  26. If there is a removable defect and the buyer does not promptly determine in accordance with art.8, paragraph 15 of these terms and conditions of sale and warranty, how to settle the return, the seller shall settle the return by removing the defect.
  27. In the case of a defect that cannot be removed, or a single, repeated recurrent defect, or a bigger amount of different removable defects that prevent the goods from being properly used as without defects, the seller settles the return according to the buyer's decision as follows:

    1. by replacing goods for other functioning goods with the same or better technical parameters; or 
    2. in case that the seller is unable to exchange goods for another, he shall settle the claim by refunding the purchase price for the goods.

  28. In the case of irremovable defects or reccurent removable defects, or in the case of a bigger amount of various removable defects, which prevent the goods from being used properly as without defects and the buyer does not immediately determine according to art.8 paragraph 15. of these terms and conditions of sale and warranty, how the return shall be settled, the seller will settle the return by replacing the goods for other functioning goods of the same or better technical parameters.
  29. Return settlement applies only to defects specified in the Notice of applying a return and in the confirmation of application of the return of the goods according to art.8 paragraph 14. of these terms and conditions of sale and warranty.
  30. For the purposes of the warranty claim, a repetitive removable defect is considered to be more than two times the occurrence of one removable defect. 
  31. For the purpose of warranty claim, the occurrence of more removable defects is considered to be the number greater than three different removable defects simultaneously.
  32. The right of the buyer to claim a return of the goods with defect is after they have exercised their right and asked the seller to remove the defect of the goods under art.8 paragraph 1. of these terms and conditions of sale and warranty consumed, and irrespective of the outcome of the return, they are no longer entitled to claim warranty repeatedly for the same unique defect (not a defect of the same kind).
  33. Provisions of art. 8 of these terms and conditions of sale and warranty do not expressly apply to entities that do not meet the consumer's definition listed in prov. Section 2 let. a) Law.

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