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Claims - Liability for defects

1.    The seller shall be liable for any defect in the goods sold at the time of delivery and which becomes apparent within two years of delivery of the goods. In the case of second-hand goods, the parties may agree on a shorter period of the seller's liability for defects, but not less than one year from the delivery of the goods. If the defect shows up before the expiry of this period, it shall be presumed that the goods were already defective at the time of delivery. This shall not apply if the contrary is proved or if this presumption is incompatible with the nature of the goods or the defect.
2.    If the object of the purchase is an item with digital elements where the digital content is to be supplied or the digital service is to be provided continuously for an agreed period of time, the seller shall be liable for any defect that occurs or manifests itself during the entire agreed period, but at least for two years after the delivery of the item with digital elements.
3.    If the seller is liable for a defect in the goods sold, the buyer has the right to have the defect removed by repair or replacement (§ 623 of the Civil Code of Slovak republic), the right to a reasonable discount on the purchase price or the right to withdraw from the purchase contract (§ 624 of the Civil Code of Slovak republic).
4.    The buyer may only exercise the rights of liability for defects if he has pointed out the defect within two months from the discovery of the defect, but no later than the expiration of the seller's liability period for defects.
5.    The seller or a designated person shall provide the buyer with a written confirmation of the defect immediately after the buyer has pointed out the defect. In the acknowledgement of the defect, the seller shall specify the period within which the defect will be removed. This period may not be longer than 30 days from the date of the defect, unless a longer period is justified by an objective reason beyond the control of the seller. The buyer may assert liability for defects e.g. in person at the shop or remotely. The buyer can use this form to claim liability for defects.
6.    The seller or a designated person shall issue the buyer with a confirmation of the defect of the goods in a suitable form chosen by the seller, e.g. in the form of an e-mail or in writing, in which he is obliged to precisely identify the defects of the goods and once again instruct the buyer of his rights arising from the provisions of Sections 623 and 624 of the Civil Code of Slovak republic.
7.    The buyer has the right to choose to remove the defect by replacing the goods or repairing the goods. The Buyer may not choose a method of removing the defect which is not possible or which would cause the Seller unreasonable costs in comparison with the other method of removing the defect, taking into account all the circumstances.
8.    If it is a defect that can be removed, the buyer may request its removal free of charge. The seller shall remove the defect within a reasonable period of time. Reasonable time means the shortest time the seller needs to assess the defect and to repair or replace the goods, taking into account the nature of the goods and the nature and seriousness of the defect.
9.    The seller may refuse to remove the defect if neither repair nor replacement is possible, or if it would involve unreasonable costs taking into account all the circumstances.
10.    For the purpose of repair or replacement, the buyer shall hand over or make the goods available to the seller or a person designated by the seller.
11.    The seller shall deliver the repaired goods or replacement goods to the buyer at his own expense in the same or similar manner in which the buyer delivered the defective goods to him, unless the parties agree otherwise. If the buyer fails to collect the goods within a period of six months from the date on which he should have collected them, the seller may sell the goods. If the goods are of greater value, the seller shall give the buyer prior notice of the intended sale and a reasonable additional period of time to collect the goods.
12.    Immediately after the sale, the seller shall pay to the buyer the proceeds of the sale of the goods after deducting the costs reasonably incurred by the seller for the storage and sale of the goods, if the buyer exercises the right to a share of the proceeds within a reasonable period of time specified by the seller in the notice of the intended sale of the goods.
13.    If the seller refuses liability for defects, he shall notify the buyer in writing of the reasons for the refusal. If the buyer proves the seller's liability for the defect by an expert opinion or an expert opinion issued by an accredited person, an authorized person or a notified person, the buyer may claim the defect repeatedly and the seller may not refuse liability for the defect.
14.    The buyer is entitled to compensation from the seller for the costs reasonably incurred in connection with pointing out a defect for which the seller is liable and exercising the rights of liability for the defect. The buyer must exercise his right with the seller no later than two months after delivery of the repaired or replacement goods, payment of the price discount or refund of the price after withdrawal from the contract, otherwise the right shall lapse.
15.    The buyer has the right to a reasonable discount on the purchase price or may withdraw from the contract of sale without providing an additional reasonable period of time if the seller has not repaired or replaced the goods or the seller has refused to remove the defect on the basis of point 9, or the goods have the same defect despite the repair or replacement of the goods, or the defect is of such a serious nature that it justifies an immediate reduction of the purchase price or withdrawal from the contract, or the seller has declared, or it is obvious from the circumstances, that he will not remove the defect within a reasonable period of time or without causing serious inconvenience to the buyer.
16.    If the contract relates to the purchase of several goods, the buyer may withdraw from the contract only in relation to the defective goods. In relation to the other goods, he may only withdraw from the contract if he cannot reasonably be expected to have an interest in retaining the other goods without the defective goods.
17.    The seller may not withdraw from the contract of sale according to clause 15 if the buyer has participated in the defect or if the defect is negligible. 
18.    After the Buyer withdraws from the contract and returns the goods back to the Seller, the Seller shall refund the purchase price to the Buyer no later than 14 days from the date of return of the goods or upon proof that the Buyer has sent the goods to the Seller, whichever is earlier. The seller shall refund the purchase price or pay the discount to the buyer in the same way as the buyer used when paying the purchase price, unless the buyer explicitly agrees to a different method of payment.
19.    These articles applies to the handling of liability for defects. The Buyer has been duly notified and informed of the terms and conditions and the method of exercising liability for defects in the goods, including details of where liability for defects can be exercised, by placing these terms and conditions on the relevant sub-page of the Seller's e-shop, and the Buyer has had the opportunity to read them at the time prior to the dispatch of the order.
20.    Liability for defects applies to goods purchased by the buyer from the seller via e-commerce on the seller's e-commerce website. 
21.    If the goods are defective, the buyer has the right to claim liability for defects at the seller's premises or at the designated person by delivering the goods to the seller's premises or the designated person's premises and delivering to the seller or the designated person the buyer's declaration of intent to exercise his/her right (hereinafter referred to as the "Notice of Defects"), e.g. in the form of a completed form for claiming liability for defects, which is located on the relevant sub-page of the seller's e-shop. The seller recommends that the goods are insured when they are sent. Neither the trader nor the designated person accepts COD shipments. The Buyer is obliged to truthfully state all the required information in the Defect Notification, in particular to indicate precisely the type and extent of the defect in the goods; the Buyer shall also indicate which of his rights arising from Section 623 of the Civil Code of Slovak republic  he claims. The list of designated persons is provided on the relevant subpage of the e-shop or sent to the buyer by the seller at his request.
22.    Proceedings relating to liability for defects in goods which can be delivered to the seller begin on the date on which all of the following conditions are met cumulatively:
a)    delivery of the Notice of Defective Goods to the seller or a designated person,
b)    delivery of the goods from the buyer to the seller or a designated person,
c)    delivery of access codes, passwords, etc. for the goods to the seller or a designated person, if these data are necessary to identify the defect in the goods and to repair the goods.
23.    If the subject of the defect is goods that cannot be objectively delivered to the trader - goods are firmly built-in or oversized goods assembled by one-time non-removable connections, e.g. gluing, riveting, welding, soldering, etc. - (hereinafter referred to as "Undeliverable Goods"), the seller may agree with the buyer that the seller will assess such goods in person or through a person authorized by the seller directly at the buyer's premises. In such case, the Buyer shall, in addition to fulfilling the conditions under clauses 22 a) and c) of these Terms and Conditions, provide all necessary assistance for the inspection of the Undeliverable Goods by the Seller or a third party authorized by the Seller. Proceedings in respect of the Undeliverable Goods shall commence on the date on which the inspection of the Undeliverable Goods has been carried out pursuant to the first sentence. However, if the seller or a third party authorized by the seller in agreement with the buyer fails to arrange for the inspection of the Undeliverable Goods within a reasonable period of time, but no later than 10 days from the date of delivery of the Notice of Defect to the seller, the proceedings shall commence on the date of delivery of the Notice of Defect to the seller. 
24.    When removing the defect, the seller shall ensure the removal of the goods and the installation of the repaired goods or replacement goods, if the replacement or repair of the goods requires it.
25.    The seller is liable for a defect caused by incorrect assembly or installation of the goods, digital content or digital service within the meaning of Section 619(4) of the Civil Code of Slovak republic.
26.    The buyer is entitled to decide which of his rights under § 623 of the Civil Code of Slovak republic he claims and is also obliged to immediately deliver information about his decision to the seller or authorized person. On the basis of the buyer's decision which of his rights within the meaning of Section 623 of the Civil Code of Slovak republic he exercises, the seller or the designated person is obliged to determine the method of handling the claim of liability for defects.
27.    Liability does not apply to defects on the basis of which the buyer and the seller agreed on a reduced price at the time of the conclusion of the contract and of which the buyer should have been aware, taking into account this circumstance.
28.    The trader is not liable for defects in the goods: 
a)    if the buyer has not exercised his right regarding the seller's liability for defects in the goods until the expiration of the period of the seller's liability for defects in the goods,
b)    if the defect in the goods is mechanical damage to the goods caused by the buyer,
c)    if the defect in the goods has been caused by the use of the goods in conditions that do not correspond to the natural environment of the goods in terms of intensity, humidity, chemical and mechanical influences,
d)    if the defect in the goods was caused by unprofessional handling, operation or neglect of the care of the goods,
e)    if the defect in the goods has been caused by damage to the goods due to excessive loading or use contrary to the conditions specified in the documentation or the general principles of normal use of the goods,
f)      if the defect in the goods is caused by damage to the goods caused by unavoidable and/or unforeseeable events,
g)    if the defect in the goods was caused by accidental damage and accidental deterioration of the goods,
h)    if the defect in the goods was caused by unprofessional intervention, water damage, fire, static or atmospheric electricity or other force majeure,
i)     if the defect in the goods was caused by tampering with the goods by an unauthorized person.

If the consignment is incomplete, or if it is an obvious defect that the buyer could have detected by inspecting the consignment upon delivery of the goods and which he did not notify to the seller's representative in accordance with clause 5.9 of terms and conditions, a later allegation of a defect of this kind can only be accepted if the buyer proves that the goods already had the alleged defects at the time of their receipt by the buyer.
29.    The seller will inform the buyer of the result of the handling of the defect liability claim immediately after the end of the procedure by phone or e-mail and will also receive a proof of the handling of the defect liability claim together with the goods or by e-mail.
30.    Shipped sports nutrition goods, food in gift baskets and pet food have a minimum shelf life of more than 2 months before the expiration date, in case of a shorter expiration date, the seller will contact the buyer by phone or e-mail and the shipment is sent only with the buyer's consent.
31.    In the case of exchange of goods for new ones, the buyer will receive a document on which the information about the exchange of goods will be indicated, and any further claims of liability for defects will be applied on the basis of the contract of sale and this document. In the event of replacement of the goods with new goods, the warranty period shall start again from the receipt of the new goods, but only for the new goods. 
32.    The handling of the claimed liability for defects applies only to the defects specified in the Notice of Defect and in the Confirmation of Defect of Goods pursuant to clause 6. of these Terms and Conditions. 
33.    The Buyer's right to assert liability for defects in the Goods after having exercised its right and requested the seller to repair the defect in the Goods pursuant to clause 3 of these Terms and Conditions shall be exhausted and, irrespective of the outcome of the defect liability proceedings, any re-assertion of the same unique defect (not a defect of the same kind) without the submission of an expert's expert report or an expert's opinion issued by an accredited, authorized or notified person shall be refused.
34.    The provisions of these Articles explicitly do not apply to entities that do not meet the definition of a consumer set out in Section 52(4) of the Civil Code of Slovak republic.

 
 
 
 
 
 
 
 
 
 
 
 
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