RETURN POLICY
trading company
Lambert, sro A.Rudnaya 21, 010 01 Žilina, ID number: 36 392 570
(hereinafter "seller")
This complaint procedure is issued in accordance with Act no. 40/1964 Coll. The Civil Code, as amended (hereinafter referred to as the "Civil Code"), by Act No. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter referred to as the "Consumer Protection Act"), as well as other generally binding legal regulations of the Slovak Republic.
This complaint procedure regulates the way in which claims can be made from liability for defects in goods purchased from the seller based on a consumer contract. A consumer is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession.
The legal regulation of liability for defects contained in Act No. 513/1991 Coll. Commercial Code, as amended.
article 1
BUYER'S RIGHT TO CLAIM DEFECTIVE GOODS
The seller is responsible for the fact that the goods sold are free of defects and of the required quality.
If the sold item does not comply with the purchase contract upon acceptance by the buyer, or if there is a defect in the purchased goods, the buyer can exercise his right to liability for product defects with the seller during the warranty period. The seller is responsible for defects that the sold item has when it is taken over by the buyer.
It is not possible to consider as a defect a change in the properties of the goods that occurred during the warranty period as a result of wear and tear or incorrect use, insufficient or inappropriate care or as a result of any other improper intervention or damage by the buyer or a third party.
In the case of items sold at a lower price, he is not responsible for a defect for which a lower price was negotiated.
If the buyer asserts the right of liability for defects of the sold item (hereinafter referred to as "complaint"), the store manager or an employee authorized by him is obliged to decide on the validity of the claim immediately, in more complex cases within 3 working days. This time does not include the time required for the expert assessment of the defect.
A complaint is considered to have been properly applied if the claimed goods are complete and the complaint is not prevented by general principles of hygiene. the buyer is obliged to present the claimed goods cleaned and hygienically sound, otherwise the seller is entitled to refuse to accept the goods.
A worker who is authorized to deal with complaints must be present in the store during the entire operating time. In the case of sending a complaint to the complaints department, the responsible worker is obliged to decide on the validity of the complaint immediately, in more complex cases within 3 working days from the date of delivery of the complaint. In such a case, the customer will be informed about the decision regarding the validity of the claim by phone via SMS message, but in electronic form.
The complaint, including the removal of the defect, must be completed:
- without undue delay, but no later than within 30 days from the date of application
The seller is obliged to issue to the buyer a confirmation of when he exercised the right of liability for defects, as well as of the execution of the repair and its duration. After the expiry of the period for handling the complaint, the buyer has the same rights as if it were a defect that cannot be removed according to Article 6 of this complaint procedure.
Article 2
PLACE FOR CLAIMS
The buyer should file a complaint in the store where the goods were purchased. However, the buyer has the right to claim:
- in any other store belonging to the seller, in which receiving a complaint is possible.
- in the seller's place or seat of business.
The buyer applies the claim personally or by mail.
The buyer is obliged to prove that his right to claim processing is justified, i.e. that, in addition to pointing out the defects, he also documents the place, price of the goods and the time of purchase of the goods, which he proves with the sales document.
Article 3
TIME FOR CLAIMING
The seller is responsible for the fact that the sold item is in accordance with the purchase contract when the buyer accepts it, as well as for defects that occur after the buyer takes over the item during the warranty period. The period for making a claim (warranty period) is 24 months and begins on the day of receipt of the goods in the store or in the case of delivery of the goods, the date of delivery of the goods by the carrier. At the buyer's request, the seller is obliged to issue the buyer with a warranty certificate indicating the scope and conditions of the warranty. If the nature of the thing allows it, instead of a warranty certificate, only a proof of purchase of the thing is sufficient. The buyer's right to claim the goods expires if it has not been exercised within the warranty period.
The buyer should make a claim without unnecessary delay immediately after discovering the defect, so that the claim can be properly assessed and dealt with. As soon as the buyer discovers a defect in the received item, he is obliged to keep the item and not use it until the claim is made, in order to prevent significant damage to the item, e.g. so that a defect that can be removed becomes a defect that cannot be removed.
The warranty period cannot be confused with the period of normal life, i.e. with the time during which, with proper use and care, the product can last, given its properties, the given purpose of use and the difference in the intensity of use.
The time from the exercise of the right from liability for defects to the time when the buyer was obliged to take over the item after the repair is completed is not included in the warranty period. If the claim is settled by exchanging the defective goods for a new one, the time for applying the claim runs again from the moment the buyer takes over the new goods.
The customer is not entitled to an automatic refund for the claimed claim!
Article 4
CONFLICT WITH THE PURCHASE AGREEMENT
By leaving the item to the buyer for consideration, the seller is responsible for the fact that the item is of normal quality at the time of performance. In the event that the goods upon acceptance by the buyer are not in accordance with the purchase contract, the buyer has the right to have the seller restore the goods to a condition that corresponds to the purchase contract free of charge, without unnecessary delay, by repairing or replacing them, if this does not incur disproportionate costs for the seller in view of the price of the goods or the severity of the defect. If such a procedure is not possible, the buyer can demand a reasonable discount on the price of the item or withdraw from the contract. However, this does not apply if the buyer knew about the conflict with the purchase contract before taking over the item or if he himself caused the conflict with the purchase contract.
Article 5
REMOVABLE DEFECTS
Such defects are considered removable defects if their removal does not affect the appearance, function and quality of the products and the repair can be properly carried out within the agreed period. The buyer has the right to have the seller, free of charge, without unnecessary delay and properly restore the goods to a condition that corresponds to the purchase contract, by repairing them, if this does not result in unreasonable costs for the seller in view of the price of the goods or the severity of the defect.
Instead of removing the defect, the seller can always replace the defective goods with a perfect one, if this does not cause serious difficulties for the buyer
In the case of a removable defect, the buyer has the right to exchange the goods or to withdraw from the purchase contract if:
- the claim was not settled within 30 days from the date of its application and there was no other agreement
- the buyer cannot properly use the goods due to the reappearance of a removable defect after repair, or due to a larger number of removable defects.
Reoccurrence of a fault after repair is the case if the same fault, which has already been removed at least twice during the warranty period, occurs again. A product suffers from a greater number of defects if it has at least three removable defects at the time of application of the claim.
Article 6
INCREDIBLE DEFECTS
Non-removable defects are considered to be defects that cannot be completely removed within the agreed time and that prevent the product from being used properly and in the agreed manner. In this case, the buyer is entitled to seek redress in one of the following ways:
- by exchanging goods for other faultless goods,
- withdrawing from the purchase contract,
- if there is such an irreparable defect on the goods that it does not prevent its use and the buyer does not demand the exchange of the goods, he is entitled to an adequate discount on the price of the goods
Article 7
GOODS SOLD AT LOWER PRICES
Products that have defects (defective new products or used products) that do not prevent them from being properly used for their intended purpose must be sold only at lower prices. The buyer must be informed that the product has a defect and what the defect is, if it is not obvious from the nature of the sale. The seller is not responsible for such defects of new or used products, due to which a lower price was agreed upon. If a product sold at a lower price has a hidden defect that prevents it from being used for its intended purpose from a functional point of view, the buyer has the right to complain about the product in accordance with Articles 3, 4, 5 and 6 of these Complaints Rules. If the product sold at a lower price has another non-removable defect, which does not prevent the use of the product for the given purpose, the buyer has the right to a reasonable discount on the price of the product.
For used items, the warranty period can be shortened to 12 months, provided that the seller agrees with the buyer. The seller is obliged to indicate the length of such warranty period in the document of purchase of the item.
If the price of the goods has been reduced due to sales or post-season resale and if new and flawless goods are being sold, the seller is fully responsible for the defects of the goods sold in this way.
Article 8
RESOLUTION OF DISPUTES
In disputes arising in the framework of claims management, the court decides.
Article 9
ALTERNATIVE DISPUTE RESOLUTION
According to Act 391/2015 Coll., the buyer as a consumer has the right to submit a proposal to start an alternative dispute resolution. The procedure for such proceedings is described below:
The consumer has the right to contact the seller with a request for correction (by e-mail to lambertshoe@gmail.com) if he is not satisfied with the way in which his complaint was handled by the seller or if he believes that the seller has otherwise violated his rights. If the seller responds to this request by rejecting it, or does not respond to such a request within 30 days of sending it, the consumer has the right to submit a proposal to start an alternative dispute resolution. According to Act 391/2015 Coll., the entities for alternative dispute resolution (hereinafter referred to as the ARS entity) are authorities and authorized legal entities pursuant to section Section 3 of Act 391/2015 Coll. §12 of Act 391/2015 Coll., the possibility of going to court is not affected by this.
The consumer is also entitled to file a proposal through the alternative dispute resolution platform of the RSO, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm.
https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi
Only the consumer is entitled to use this method of dispute resolution, which is understood as a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession. Alternative dispute resolution applies only to a dispute between a consumer and a seller arising from or related to a consumer contract. The seller does not have the right to submit a proposal.
Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The subject of alternative dispute resolution may demand payment of a fee for initiating alternative dispute resolution from the consumer, but not more than EUR 5, including VAT.