I. Introductory Provisions
1.1.The SLOVFLOW s.r.o Company. Residing at Račianska 96, 831 02 Bratislava – City District Rača, Slovakia, ID: 53255542, registered in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No. 147329/B, DIČ: 2121321576 (hereinafter referred to as the ”Seller“), contact information: e-mail: firstname.lastname@example.org, phone: +421 948 856 044, bank account number: IBAN: SK65 1100 0000 0029 4809 0652 kept at the Tatra Bank, a. s., is the operator of the slovflow.sk/com online store.
1.2The Seller establishes this Return Policy (hereinafter referred to as the “Return Policy”) to inform consumers about the conditions and the methods of complaint, procedures of making and processing of claims, complaints and feedbacks of consumers, including information on when a claim can be made and on performing warranty repairs on products purchased in the slovflow.sk/com online store.
1.3This Return Policy does not apply to products, respectively the responsibility for defects and claims for defects in the products does not apply to products purchased via the slovflow.sk/com online store by a person, who is not considered a consumer.
II. Liability for Defects in the Sold Products
2.1. The Liability of the Seller for defects in the sold goods, together with the rights and obligations of the contracting parties from defective performance, are governed by § 619 and subsequent of the Act No. 40/1964 Coll. of the Civil Code and also by the relevant provisions of the Act No. 250/2007 Coll. on Consumer Protection.
2.2. The Seller is responsible for defects of the sold products upon their reception by the consumer. The Seller is not responsible for defects, which have happened during the use of the products or due to the usual wear and tear. For products sold at a lower price, the Seller is not responsible for the defects, which have caused the reduction of the price. The Seller is also not responsible for defects of the products, about which the consumer was informed when closing the purchase contract.
III. Warranty Period
3.1. The warranty period for the product delivered to the consumer is 24 months. The Seller may provide a longer warranty period for selected products, whereby the Seller specifies the conditions, duration and extent of this extended warranty in the warranty card.
3.2. If the subject of the purchase contract is the sale of a used product, the Seller and the Consumer may agree on a shorter warranty period, however no shorter than 12 months.
3.3. The warranty period starts on the day the product has been receipted by the consumer. The rights and obligations for defects of products, for which the warranty period applies, expire if they are not exercised during the warranty period.
IV. Consumer Rights from Liability for Defects of Products
4.1. A defect of a product is not a change of the properties of the product, which has occurred during the warranty period due to the usual wear and tear, improper use, insufficient or inappropriate treatment, due to natural change of materials, from which the product is made, or due to any damage caused by the consumer or a third party.
4.2. In case the consumer claims a defect of the product, which can be removed, the consumer has the right to:
– free, timely and proper removal of the claimed defect,
– exchange of the product, or part thereof, if the defect applies only to part of the product, and if this does not cause disproportionate costs to the seller, given the price of the product or severity of the defect,
– exchange of the product, if the consumer cannot use the product due to repeated occurrence of the defect after a repair or due to a greater number of defects.
4.3. If the consumer claims a defect of the product, which cannot be removed, and which prevent the proper use of the product, the consumer has the right to exchange the product of withdraw from the contract.
4.4. In case the consumer claims a defect of product, which cannot be removed, and which is different than in section 4.3 of this article, the consumer has the right to a reasonable discount on the price of the product.
4.5. If the product is sold at a reduced price or the used product has a defect, for which the Seller is responsible, instead of the right to exchange the product, the consumer has the right to a reasonable discount on the purchase price.
4.6. The consumer has the right to reimbursement of the necessary costs, which have occurred in relation to the exercising of the right from liability for defects.
V. Procedure for Exercising Liability for Defects of Products – Claim
5.1. The consumer must claim defects of the products with the Seller without undue delay after he/she discovers the defect(s).
5.2. Proof of purchase of the product has to be attached to every product sold by the Seller upon its delivery to the consumer, which also serves as the warranty document (warranty certificate), unless this document is attached to the product individually.
5.3. The rights arising from the liability for defects of the products are exercised by the consumer with the Seller by mail, together with a copy of the tax document and a reason for the claim. The consumer is obliged to send the shipment to the address of the Seller, listed in Article I., paragraph 1.1 of this Return Policy.
If an entrepreneur other than the Seller is specified in the individual warranty certificate attached with the product, who is responsible for the repair, and who is located at the address of the Seller or at a place closer to the consumer, the consumer shall exercise his/her right to repair with the entrepreneur designated to perform the warranty repair.
5.4. When exercising liability for defects of products, the consumer is obliged to prove that the claimed product was purchased from the Seller. Together with the statement of liability for defects, the consumer shall provide as detailed description of the claimed defect as possible. The Seller shall assess only defects of the products that were claimed by the consumer.
5.5. If the consumer files a claim, the Seller is obliged to inform the consumer about his/her rights pursuant to provisions § 622 and 623 of the Act No. 40/1964 Coll. of the Civil Code and based on the rights exercised by the consumer, the Seller shall immediately determine the method of processing the claim; in complicated cases, within 3 (three) business days after the claim has been filed; in justified cases, especially of comprehensive technical assessment of the product is necessary, within 30 days after the claim has been filed. After determining the method of processing the claim, the claim shall be settled immediately; in justified cases the claim may be settled at a later time, however the settlement of the claim cannot take longer than 30 days after the claim has been filed. After the deadline for settlement of the claim, the consumer has the right to withdraw from the purchase contract or he/she has the right to exchange the product for a new one.
5.6. For the purposes of this Return Policy, settlement of a claim is the termination of the claim procedure by (i) handing over the repaired product, (ii) exchanging the product, (iii) refunding the purchase price of the product, (iv) paying an adequate discount on the price of the product, (v) delivering a written notice to take on the fulfillment, or (vi) its reasoned refusal.
5.7. The Seller shall issue a confirmation of acceptance of the claim made by the consumer. If the claim is filed via remote communication, the Seller is obliged to deliver the confirmation immediately; if it is not possible to deliver it immediately, the Seller shall deliver it without undue delay, however no later than together with the delivery of the settlement of the claim. The confirmation of acceptance of the claim does not have to be delivered, if the consumer has the possibility of verifying the filing of the claim in some other way. Among other thing, the confirmation of acceptance of the claim contains identification of the Seller and the consumer, what is the content of the claim according to the consumer, which method of settlement of the claim does he/she demand, data and place of accepting the claim and signature of the employee of the Seller.
VI. Procedure for Handling of Claims
6.1. If the consumer filed the claim within the first 12 months of closing the purchase contract, the Seller may reject the claim only based on a written statement of an expert or a statement made by an authorized, notified or accredited person, or a statement by a person authorized by the manufacturer to perform warranty repairs (hereinafter referred to as the “Expert Assessment”). Irrespective of the result of the Expert Assessment, the Seller cannot demand from the consumer the reimbursement of costs of the Expert Assessment or any other costs related to the Expert Assessment of the product.
6.2. The Seller shall provide a copy of the Expert Assessment to the consumer, justifying the rejection of the claim, within 14 days after the claim has been settled.
6.3. If the consumer filed the claim after the first 12 months of closing the purchase contract and the Seller rejected it, the person handling the claim is obliged to state in the proof of settlement of the claim the person, whom the consumer can send the product for Expert Assessment. If the consumer sends the product to the person specified in the proof of settlement of the claim for Expert Assessment, the Seller shall bear the costs of the Expert Assessment and all the related purposefully spent costs, irrespective of the result of the Expert Assessment. If the consumer proves responsibility of the Seller for the claimed defect through the Expert Assessment, he/she may file the claim again. The warranty period is suspended for the duration of the Expert Assessment. The Seller is obliged to reimburse all costs of the consumer for the Expert Assessment, as well as all related purposefully spent costs, within 14 days after the claim has been repeatedly filed. The repeatedly filed claim cannot be rejected.
6.4. The Seller shall inform the consumer about the settlement of the claim, by sending an email to the address provided in the claim or via other contact information, which can be used to inform the consumer. In his notification, the Seller shall provide a time period for picking-up the claimed product. The Seller is obliged to issue a written proof of settlement of the claim within 30 days of filing the claim, however no later than together with the delivery of the proof of settlement of the claim, if the time period for handling of the claim began on the day of receipting the product for the claim by the Seller.
6.5. In case the consumer does not pick-up the claimed product within the time period set by the Seller, the Seller has the right to charge reasonable storage for each day of delay. The Seller must inform the consumer about this fact in advance and give him/her a reasonable time period to pick-up the product.
VII. Final Provision
7.1. This Return Policy is an integral part of the General Terms and Conditions issued by the Seller. In case of discrepancy of regulation between this Return Policy and the General Terms and Conditions, the Return Policy takes precedence.
7.2. The Seller has the right to change this Return Policy, whereby the new Return Policy shall take effect upon its publication.
7.3. The rights and obligations not governed by this Return Policy are governed by the relevant provisions of the Act No. 250/2007 Coll. on Offenses as amended, Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or the Provision of Services on the Basis of a Distance Contract or an Off-Premises Contract and amendment of certain acts.
7.4. This Return Policy enters into force and effect on 01.12.2020.