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Liability for defects, warranty
- The Seller is liable to the Buyer for defects in the goods, if they occur on the goods upon receipt of the goods, or during the warranty period, according to the relevant provisions of the Civil Code no. 40/1964 Coll. as amended (hereinafter referred to as the “Civil Code“) and Act no. 250/2007 Coll. on consumer protection and amending the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended, as amended, if the Buyer is a consumer, and in accordance with the relevant provisions of the Commercial Code no. 513/1991 Coll. as amended (hereinafter referred to as the “Commercial Code“), if the Buyer is an entrepreneur and according to the conditions set out in the purchase contract.
- The buyer is obliged to inspect the goods upon receipt of the goods and, if this is not possible, without undue delay after receipt of the goods.
Liability for defects in relation to the buyer, who is a consumer
- The seller is responsible for any defects of the goods on receipt by the buyer.
- The warranty period is 24 months, unless the Seller states a longer warranty period on the goods or in the warranty card. The warranty period starts on the day of the receipt of the goods by the Buyer. The rights from the liability for defects of the thing, for which the warranty period applies, expire if they were not exercised during the warranty period.
- The period from the exercise of the right of liability for defects until the time when the buyer was obliged to take over the item after the repair is completed does not count towards the warranty period. The seller is obliged to issue a confirmation to the buyer about when he exercised the right, as well as about the repair and its duration.
- If the goods are exchanged, the warranty period begins to run again from the receipt of the new goods. The same applies in case of a replacement of a component which is included in the warranty.
- The Seller is liable to the Buyer for defects in the goods pursuant to the provisions of Sections 623 and 623 of the Civil Code. The Buyer has the right to claim for defects in the goods (hereinafter referred to as “complaints“) arising from the Seller´s liability, if the goods have a defect that can be removed, the Buyer has the right for defect to be free, timely and properly removed. The Seller is obliged to promptly remove the defect. The Consumer can require having the item replaced instead of removing the defects or if the defect relates to only parts of the item, replacing those parts, if it does not result in unreasonable costs to the Seller in comparison to the price of the goods or the severity of the defect. Instead of removing the defect, the Seller may always replace defective goods with defect-free goods, unless this causes the Consumer serious difficulties.
- Pursuant to the provisions of § 623 of the Civil Code, if it is a defect that cannot be removed and which prevents the goods from being properly used as a thing without defects, the Buyer has the right to exchange the goods or has the right to withdraw from the contract. The Buyer has the same rights in the case of remediable defects, but the Buyer cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In case of other irremovable defects, the Buyer is entitled to a reasonable discount from the price of the item.
- If the Buyer lodges a complaint, the Seller is obliged to determine the method of handling the complaint immediately, in more complex cases no later than 3 working days from the date of the complaint, in justified cases, especially if a complex technical assessment of the condition is required, no later than 30 days.
- In the event of exercising the right to rectify the defect by repairing the goods, the Buyer has the right to have the defect rectified free of charge, in a timely manner and properly. The Seller is obliged to eliminate the claimed defect without undue delay, but no later than 30 calendar days from the date of the complaint. Remediable defects are considered to be defects that can be repaired without compromising the appearance, function and quality of the product.
- If the complaint has not been settled by repairing the goods within 30 calendar days, after the expiry of this period, the Buyer has the right to exchange the goods for new defect-free goods or has the right to withdraw from the contract. The Buyer has the same right if he cannot use the goods properly due to the recurrence of a remediable defect after repair or due to a larger number of remediable defects. The occurrence of a defect after repair is the case when the same defect, which has already been removed at least twice during the warranty period, occurs again. The goods suffer from a larger number of defects if, at the time the complaint is lodged, it has at least three different (for various reasons) remediable defects at the same time.
- The seller is obliged to issue a written document on the handling of the complaint within 30 days from the date of the complaint.
Liability for defects in relation to the Buyer, who is an entrepreneur
- The Seller provides the Buyer with a guarantee for the quality of the goods, i.e. it undertakes that the goods will be fit for normal use during the warranty period and will retain their usual properties. The warranty period is 24 months and runs from the date of delivery of the goods.
- In other respects, it regulates the rights and obligations of the Seller and the Buyer, especially the claims of the Buyer for defects in the goods, the provisions of § 422 et seq. of the Commercial Code. The period of 30 calendar days for handling the complaint is considered to be a reasonable additional period for performance in accordance with the provisions of § 436 et seq. of the Commercial Code. The Buyer may claim a discount on the Purchase Price or withdraw from the Purchase Agreement only after the expiry of this period.
Joint and Final Provisions
- Complaints may be lodged by post at the address of the Seller’s registered office or in person at the VINDT showroom at the address listed at Kováčska 11, 040 01 Košice. It is necessary to file a complaint without undue delay as soon as the defect has appeared. Any delay together with the continued use of the goods may cause the defect to deepen, devalue the goods and may be a reason to reject the complaint.
- The buyer shall state his name, surname, address, or telephone number or e-mail address, marking of the goods, date and place of receipt of the goods and describe the claimed defect of the goods. The buyer shall provide proof of purchase or warranty card, if it was issued and the goods themselves in complete condition, cleaned, free of all impurities and hygienically sound. Failure to provide proof of purchase of the goods, the Buyer is exposed to the risk of failure to prove the timeliness of the complaint and the legitimacy of his claim.
- If the Buyer exercises the right from the defective performance, the Seller shall confirm it in writing, when he exercised the right from liability for defects, and after settling the complaint shall also issue a confirmation of the method of resolving the complaint, as well as the possible repair and the time of the complaint procedure.
- The warranty does not cover normal wear and tear, end of life of the product due to excessive use beyond the intended use or purposefulness of the product, as well as due to improper care, improper handling of goods and use of goods contrary to the intended purpose, defects caused by mechanical damage or external influences. Defects of goods of this origin are not covered by the warranty. Complaints cannot be made for defects for which a discount was provided from the purchase price of the goods.
- The seller does not accept liability for damages resulting from improper use of the goods or improper care and handling of the goods.
- After settling the complaint, the Seller is obliged to send the goods to the Buyer to the address specified by the Buyer in the complaint, unless the Buyer and the Seller have agreed otherwise. The buyer is obliged to take over the goods after handling the complaint.
- If the Buyer, who is late in taking over the goods, requests its re-dispatch, then the Seller shall send the goods to the Buyer only on the condition that the Buyer pays him in advance all costs related to this re-dispatch.
- The information on the procedure for the application and handling of complaints set out in these provisions shall apply mutatis mutandis to complaints and suggestions from consumers.
- This Complaints Procedure is an inseparable part of Terms and Conditions of the VINDT online store, as well as an inseparable part of the Seller’s offer to conclude the Purchase Agreement. By sending the order via the online store, the Buyer confirms that he has read and agrees with the Complaints Procedure.
- The Seller reserves the right to unilaterally change the Complaints Procedure.
- This Complaints Procedure shall enter into force on August 26, 2021 and shall apply to a purchase contract concluded after that date.