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Claims

Rules for claims of afg.sk, s.r.o. for purchase contracts concluded at a distance.

1.  General provisions

These rules for claims ensure conditions for liability for defects of goods sold and their application by the Buyer pursuant to Act no. 40/1964 Coll. Civil Code, as amended, and Act no. 250/2007 Coll. on Consumer Protection, as amended, in the http://www.afg-defense.eu/ online store (hereinafter referred to as Seller).The Rules for Claims form part of the terms and conditions. By checking the box before sending the order, the Buyer confirms the familiarization and acceptance of all the terms and conditions provisions.

2. Inspection of goods upon receipt

The Buyer is obliged to check the completeness and flawless condition of the product immediately. Any subsequent claims on the quantity or type of goods shall not be recognized.

In the event that the consignment delivered by mail or courier is not complete, inform the carrier immediately and contact us by phone on our telephone number +421917961386 or by email at reklamacie@afg.sk

3. Warranty period and warranty terms

The warranty period starts from the receipt of the item by the Buyer and is valid for 24 months. The warranty period shall be extended by the time that the product has been under repair, based on the attached proof of previous repair (claim).

Any discovered defect shall be communicated to the Seller and the claims arising from the defect of the goods applied until the end of the warranty period. Upon expiration of the warranty period, the right to make a claim expires.

The Customer is obliged to follow the manufacturer's instructions and recommendations for the use of the product.

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.

For fulfillment of any warranty repairs, the Customer is obliged to retain the warranty certificate from the manufacturer, resp. an official distributor if it is packaged with the goods. If the original warranty card is not included, then it is replaced by the invoice which is shipped with the product.

The warranty does not apply to defects caused by wear and tear caused by normal use of the goods, forced manipulation, unprofessional opening, unprofessional tampering with the mechanisms of the device.

The warranty does not cover cases of mechanical damage caused by the Buyer, damage caused by excessive or inappropriate use, neglect of care about the goods, exposure to foreign substances (water, chemicals, etc.) or damage caused by force majeure.

The warranty does not cover defects of which the Buyer was notified by the Seller at the time of conclusion of the Contract, or which, having regard to the circumstances under which the Purchase Contract was concluded, they had to know about. Regarding items used, the Seller is not responsible for defects corresponding to the degree of use or wear that the product had upon acceptance by the Buyer.

For goods sold at a lower price, the warranty does not cover defects for which the lower price was agreed.

 

4. Sending goods for claim

In case that a fault has occurred in the product, which prevents its further use, you need to report a claim to us. Before the dispatch of the claimed product a claim form needs to be filled at https://www.afg-defense.eu/complaints-form/. After submitting your claim form, please send us the claimed product immediately to:

afg.sk, s.r.o.
Javorová, Veľké Bielice 451/32
958 04 Partizánske
Slovenskárepublika

a) The claim procedure starts on the day the claimed goods were receipted by the Seller and ends on the day the settled claim is sent to the Buyer or a written notice of the goods readiness for reassumption following their repair. 

b) You can get information about the progress of settling the claim by calling our staff at +421917961386 or by email at reklamacie@afg.sk. You can also visit our website to follow resp. monitor the progress of the claim at https://www.afg-defense.eu/complaints-form/.

c) Without delay, on the day of your dispatch, but not later than 24 hours from receipt of the claim form, we will confirm to by you provided email address the receipt of your claim report.

d) We do not accept goods sent with cash on delivery. We recommend that the sent goods be insured. 

5. Application and resolution of a claim within the warranty period

1. Upon receipt of the claimed goods, the Buyer shall be immediately informed by email about the receipt of the claim, the start of the claim procedure and the manner of resolving the claim. The Buyer will be informed about the resolution of the claim by email, and then they will be sent a Claims Protocol on the resolution of the claim.

2. The claim procedure starts on the day when all the following conditions are met:

  1. Delivery of the claimed goods,
  2. Delivery of the completed letter of dispute,
  3. A proof of purchase copy which also serves as a warranty card.

3. The Seller shall determine the manner of the claim pursuant to prov. § 2 point m) of the Act immediately, in more complicated cases within 3 days from the start of the claim procedure, in justified cases, in particular when a complex technical assessment of the condition of the goods is required within 30 days from the day of the claim procedure at the latest. After determining the method of resolving the claim, the Seller or a designated person resolves the claim immediately, in justified cases the claim can be resolved later. The claim shall not take longer than 30 days from the day of lodging the claim. After the expiry of the claim settlement period, the Consumer has the right to withdraw from the Purchase Contract or has the right to have the goods exchanged for new ones.

4. The method of resolving the claim may be:

  1. Handing over the repaired goods,
  2. The exchange of goods,
  3. Refund of the purchase price of the goods,
  4. Refund of a reasonable discount on the price of the goods,
  5. A written request to take over the specified performance by the Seller,
  6. A justified refusal of a claim for goods.

5. The Buyer will be informed about the result of resolving the claim before the 30-day period expires by email and registered mail, and the claim procedure will be completed.

6. After this period, the Customer has the same rights as if it were a defect that cannot be removed. The Buyer has the right to withdraw from the Contract.

7. If the Buyer claims the goods during the first 12 months from the conclusion of the Purchase Contract, the Seller can only settle the claim by rejecting it 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 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 expert assessment of the goods.

8. If the Buyer claims the goods after 12 months from the conclusion of the Purchase Contract and the Seller rejects it, the person who has settled the claim is obliged to state in the proof of the claim 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 proof of claim, the costs of the expert 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 proves the Seller's liability for the claimed defect of the goods by professional assessment, they may reclaim the claim; the warranty period shall be suspended during the performance of the professional assessment of the goods. The Seller is obliged to pay the Buyer within 14 days from the date of the reclaimed claim all the costs incurred for the professional assessment of the goods, as well as related costs. A reclaimed claim cannot be rejected.

9. If the Buyer is not satisfied with the way in which the Seller has settled their claim or if they believe that the Seller has violated their rights, they have the opportunity to contact the Seller to request corrective action. If the Seller responds to the request for corrective action negatively or does not respond to it within 30 days from the day of its dispatch, the Buyer has the right to file a proposal to initiate an alternative solution to their dispute pursuant to the provision of § 12 of Act no. 391 / 2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments and Supplements to Certain Acts.

The competent entity for the alternative resolution of consumer disputes with the Seller (afg.sk, s.r.o.) is [Slovak Trade Inspection, PO Box no. 29, Bajkalská 21/A, 827 99 Bratislava] www.soi.sk or any other authorized legal entity registered in the list of alternative dispute resolution entities  maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk); the Consumer has the right to choose which of these alternative dispute resolution entities to turn to. The Consumer may use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit an alternative solution to their dispute.

6. Elimination of defects

During the warranty period, the Seller ensures elimination of defects through an authorized service center.

The Seller may always, instead of removing defects, replace the defective item for a faultless one if this does not cause any serious difficulties to the Buyer.

In the case of an older product that is no longer available on the market, the claim will be settled through an adequate replacement or a credit note in the amount of the original price of the product will be issued, according to the agreement with the Buyer.

7. Final provisions

This Claim Procedure as part of the Terms and Conditions applies in the wording that is listed on the Seller's website on the day of submitting an electronic order by the Buyer.

 
 
 
 
 
 
 
 
 
 
 
 
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