Return of Goods and Warranty Claims
1.1 The return of goods and handling of warranty claims are governed by this valid procedure. By submitting the order, the buyer confirms to the seller that he has been properly informed about the conditions, the method of claiming the goods, as well as where a claim can be made.
1.2 If the goods are defective, the buyer must file a claim immediately (according to the valid procedure outlined in this policy) with the seller, who is responsible for defects in goods.
1.3 This policy applies to products purchased in the online store www.fraela.sk and is valid for all orders unless other warranty conditions are agreed upon in the contract.
1.4 The rights and obligations of the contracting parties concerning liability for defective goods are governed by the relevant generally binding regulations of the Civil Code or the Commercial Code. The recommended period for consumption of the products is 12 months. All products must be marked with a “Recommended expiration date…”, which is also a deadline for making a claim. The buyer is obligated to store the purchased goods properly following the instructions from the manufacturer or in a manner that is customary and appropriate for the given type of goods. The warranty period is extended by the time during which the buyer was unable to use the goods due to a warranty repair of the goods.
1.5 The buyer has the right to only claim a warranty from the seller for goods that show defects caused by the manufacturer, supplier, or seller, are covered by the warranty and were purchased from the seller. The seller is responsible for defects in the goods to the extent under § 619 et seq. of Act no. 40/1964 Coll. the Civil Code as amended.
1.6 When physically accepting the goods, the buyer is obligated to inspect the goods. If the buyer does not inspect the goods, he can only assert claims if he proves that the goods already had the claimed defects at the time the goods were received. Complaints for possible non-delivery of the goods due to the fault of the delivery service or damage to the goods caused by the delivery service must in such cases be made directly to the delivery service. Claims of mechanical damage to the goods caused by transport, the acceptance of which has been confirmed by the buyer to the delivery service as without defects, shall not be recognized by the seller as justified, and payment of such claims shall not be provided to the buyer.
1.7 During the warranty period, the customer has the right to have the defect removed free of charge after presenting the goods, including accessories, to an authorized representative of the seller or the seller himself, together with a warranty card (if it was supplied) and proof of payment.
1.8 If the goods show defects, the customer has the right to file a claim at the premises of the seller according to § 18, Section 2 of Act no. 250/2007 Coll. (Consumer Protection Act) by delivering the goods to Priruz s.r.o., Lubovnianska 16, 851 07 Bratislava, at his own expense and filing the claim form and delivering it to the seller. The template of the form is designed by the seller and a sample of it is sent to the email address provided by the customer. The buyer is obligated to indicate exactly the type and extent of the defects in the goods directly in the form. The warranty claim procedure for goods that can objectively be delivered to the seller begins on the day when all the following conditions are simultaneously met: - Delivery of a completed claim from the buyer to the seller, - Delivery of the claimed goods from the buyer to the seller.
The beginning of the claim procedure is also the day of the warranty claim. The claimed goods must be delivered to the seat of the seller unless the seller or a designated person specifies otherwise. The seller is obligated to accept the complaint and authorize a dedicated person to handle claims according to § 18, Section 3 of Act no. 250/2007 Coll. (Consumer Protection Act).
1.9 The buyer is obligated to claim defective goods without undue delay. The seller shall issue a confirmation of the warranty claim to the buyer. Such confirmation can be issued e.g., in form of an email or in paper form in which the seller is obligated to accurately mark the defects on the goods following § 18, Section 5 of Act no. 250/2007 Coll. (Consumer Protection Act) and instruct the consumer on his rights arising from the provision of § 622 and § 623 Coll. Civil Code. If the claim is made via means of remote communication, the seller is obligated to deliver the warranty claim confirmation to the buyer without undue delay; in the case where it is not possible to deliver the confirmation immediately, it must be delivered with the proof of handling the warranty claim at the latest. The warranty claim confirmation does not need to be delivered if the buyer can demonstrate the warranty claim by another means.
1.10 The seller is obligated to determine the method of processing the warranty claim according to the provisions of § 2, Letter m) of Act no. 250/2007 Coll. (Consumer Protection Act) immediately, in more complex cases within 3 days from the beginning of the warranty claim procedure, in justified cases, especially if a complex technical evaluation of the condition of the goods is required no later than 30 days from the date of the start of the warranty claim procedure. After determining the method of handling the claim, the seller shall handle the claim immediately, in justified cases, the claim can be processed later. However, the processing of the warranty claim must not take longer than 30 days from the date the claim was created. After the expiry of the deadline for processing the warranty claim, the consumer has the right to withdraw from the contract or the right to exchange the goods for new goods. The seller informs the buyer about the end of the warranty claim procedure and the result using means mutually agreed between the contracting parties unless otherwise agreed in writing. If the buyer created a warranty claim within the first 12 months from the conclusion of the purchase contract, the seller is only allowed to reject it based on an expert assessment or a statement from an authorized, notified, or accredited person or a statement from a designated person (from hereinafter referred to as “Expert Assessment of the Goods”). Regardless of the result of the Expert Assessment of the Goods, the seller is not allowed to demand from the buyer to pay the costs of the Expert Assessment of the Goods or other costs related to the Expert Assessment of the Goods. If the buyer created a warranty claim after 12 or more months from the conclusion of the purchase contract and the seller rejected it, the person authorized to process the claim is obligated to indicate in the proof of handling the warranty claim to whom the buyer can send the goods for an Expert Assessment of the Goods. If the buyer sends the goods for an Expert Assessment of the Goods to the person specified in the document, 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 assessment. If the buyer proves that the seller is responsible for the claimed defect in the goods through a professional assessment, the buyer can re-submit the warranty claim. The warranty period does not expire during the Expert Assessment of the Goods. The seller is obligated to reimburse the buyer within 14 days from the date the claim was re-submitted all costs incurred for the Expert Assessment of the Goods, as well as all related costs incurred purposefully. A re-submitted claim must not be rejected.
1.11 The rights of the buyer resulting from the liability for defects that the buyer is entitled to claim are determined by § 622 and § 623 of Act no. 40/1964 Coll. Civil Code as amended. The aforementioned rights of the buyer expire if they have not been exercised in the above-mentioned manner within the warranty period. The buyer does not have the right to claim a warranty for defects that the seller informed him about at the time of concluding the contract.
1.12 The seller reserves the right to replace defective goods with other similar goods with comparable technical parameters.
1.13 The right of the buyer to claim the warranty expires if the warranty period expires or if he does not report obvious defects upon receipt of the goods or does not submit proof of payment. The right to claim the warranty also expires if the buyer mechanically damages the goods, does not accept them, mishandles them, stores them inappropriately, or if the goods are damaged by unavoidable and/or unforeseeable events, natural elements, or other force majeure, excessive load, use in violation with its purpose by the buyer and/or a third party after the acceptance of the goods. The right to claim warranty also expires if the goods are damaged by accidental destruction and accidental deterioration, unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity, or another force majeure.
1.14 The warranty claim completion is understood as the completion of the warranty claim procedure by handing over the repaired goods, exchanging the goods, returning the purchase price of the goods to the buyer, paying an appropriate discount from the price of the goods to the buyer, a written request to take over the fulfillment or its justified rejection.
1.15 The seller is obligated to issue a written document to the buyer on the method of processing the warranty claim no later than 30 days from the date of the claim through postal/delivery/courier service or via email.
1.16 In the case of the exchange of goods for new ones, the buyer shall receive a document indicating a list of the exchanged goods with potential further warranty claims being applied based on the original delivery note and this warranty claim document. In the case of exchanging the goods for new ones, the warranty period starts again from the date of receipt of the replacement goods, but only in the case of new goods. All valid warranty repairs are free of charge.
1.17 Concerning a removable defect, the warranty claim shall be settled depending on the decision of the buyer as follows:
–the seller shall ensure the removal of the defect, or
–the seller shall replace defective goods.
1.18 If the seller is unable to remove the defect, or one removable defect or a larger number of different removable defects have been repeated several times and prevent the goods from being properly used in the same manner as goods without defects, the seller shall handle such claims in the following means based upon a decision of the buyer:
–by exchanging the goods for other functional goods with the same or better technical parameters, or
–if the seller is unable to exchange the goods, he will handle the claim by issuing a credit note for the defective goods.
1.19 The warranty claim is only handled for defects listed by the buyer in the warranty claim form.
1.20 A repeatedly removable defect is understood as an occurrence of one removable defect more than three times. A greater number of different removable defects is understood as an occurrence of more than three removable defects at the same time.
1.21 For warranty claim purposes, the time during which the buyer cannot properly use the goods is understood as the time during which the buyer cannot use the goods due to defects in the goods for a total of more than 100 days after the conclusion of the purchase contract.
1.22 The right of the buyer to claim warranty for the defective goods arises after he has exercised this right and requested from the seller to remove the defect in the goods as consumed, and regardless of the result of the claim, he is no longer entitled to make a claim repeatedly for the same unique defect (not a defect of the same type).
1.23 If the seller terminates the warranty claim procedure and the procedure results in a justified rejection of the claim, but the product defect objectively exists and has not been removed, the buyer is entitled to exercise the right to remove the defect in the goods through a Request for Correction. If the seller responds negatively to such a request or does not respond to such a request within 30 days from the day it has been sent, the buyer/consumer has the right to file a motion to initiate court proceedings.