1. Only goods that have been purchased with the Seller and that are the property of the Buyer are eligible to claim.
2. In case the ownership right has not yet been passed from the Seller to the Buyer, the Buyer may, in accordance with effective legislation, make a claim only after making full payment pursuant to §151 of the Civil Code.
3. As long as the Buyer is a consumer (a natural person who does not act within the scope of own business activity, occupation or profession), a warranty of 24 months is provided for all goods offered, unless specified otherwise for the goods, and the Consumer Protection Act as well as the Civil Code shall apply. As long as the Buyer is not a consumer, the provisions of the Commercial Code and 1-year warranty period shall apply. The warranty period shall start on the date of receipt of the goods from the carrier or directly from the Seller, if the Buyer receives the goods in person on the date of their receipt.
4. The Buyer shall make a claim with the Seller immediately upon identification of a defect.
5. Liability for defects does not apply to defects caused as a result of the following use: a) if the defect was due to a mechanical damage to the product caused by the Buyer, b) incorrect use of the product, in a manner deviating from the one specified in the user’s manual, c) using the goods in conditions that do not represent natural environment of the goods in terms of humidity, chemical and mechanical effects, d) neglecting the care and maintenance of the goods, e) damage to the goods by their excessive loading, f) use of the goods in contradiction with the conditions provided in the documentation, with general principles, technical standards or safety regulations or by other breach of the warranty conditions.
6. Liability for defects also does not apply to normal wear and tear of the goods (or their parts) caused by the use of the goods. Therefore, a shorter product life cannot be considered a defect and cannot be claimed.
7. Claimed goods must be sent to our address provided below. The goods must be packed appropriately, so that they are not damaged during transport and we recommend sending the goods by registered mail or as an insured shipment. The goods must be accompanied by a copy of the proof of purchase (invoice).
8. The Seller shall confirm the receipt of a claim and will issue a confirmation on making a claim for the goods to the Buyer in an appropriate form. The date of a claim is the date of its delivery to the Seller. In case a confirmation cannot be delivered immediately, it must be delivered without undue delay, but no later than together with the claim settlement document. The confirmation on claim settlement will be sent in writing.
9. The Seller shall determine the method of a claim settlement immediately, in complex cases within 3 days from the date of making a claim. In justified cases, in particular when a complex technical assessment of the goods is required, no later than 30 days from the date of a claim. After determining the method of settling a claim, the Seller will settle a claim immediately, in justified cases a claim can be settled later. However, settling a claim may not take longer than 30 days from the date of a claim. After the expiration of the 30-day period for a claim settlement the Buyer shall be entitled to withdraw from the purchase agreement and he/she will be reimbursed a full amount for the goods or he/she will be entitled to have the goods exchanged for new ones.
10. Rights of the Buyer when making a claim: a) in case of a relievable defect the Buyer shall be entitled to have it relieved free of charge, in a duly and timely manner. The relief method shall be determined by the Seller. The Buyer may request exchanging the defective item for a defect-free one instead of having the defect repaired, if no inadequate costs arise to the Seller thereby in terms of the price of the goods or defect severity, b) in case of an unrelievable defect that prevents the proper use of the item for a particular purpose, the Buyer shall be entitled to either have the item exchanged or to withdraw from the purchase agreement (refund), c) a claim is deemed settled upon termination of the claims proceeding by handing over the claimed goods, by its exchanging or by refunding the purchase price of the goods, by a written request for accepting the performance or its reasonable refusal.
11. Non-existence of damage to the goods and integrity of packaging (as per the instructions when receiving the goods) shall be checked when receiving the goods, as the goods may be damaged during transport; we recommend the Buyers to unpack the goods and inspect it in the carrier’s presence. By giving a signature to the courier you declare that the packaging is undamaged.
12. This Claims Procedure is an integral part of the General Terms and Conditions and the Seller reserves the right to modify them at any time even without prior notice to the Buyer.
13. The contact address for sending the claimed goods and the establishment address is as follows: ZDA Partizánske s.r.o., Nitrianska 1701, 958 01 Partizánske, Slovak Republic. Please send the information on making a claim also to firstname.lastname@example.org.
Withdrawal of the Consumer from the agreement (within 14 days) form