Warranty claims

 
 
 
 

Warranty claims store gugenio.com

                                                   RETURN POLICY

 

                                                          e-shop: http://www.gugenio.com

RAK spol. s.r.o., Commercial Register of the District Court Trenčín, vl. no. 1661 / R, Cpt. Jaroše 24, 957 01 Bánovce nad Bebravou, Slovak Republic, ID: 31437923, Tax ID: 2020416739, VAT: SK2020416739; managing director Ing. Vojtech Račko, Ing. Alexandra Račková

 

General provisions

RAK spol.s.r.o., Commercial Register of the District Court Trenčín, vl. no. 1661 / R, Cpt. Jaroše 24, 957 01 Bánovce nad Bebravou, Slovak Republic, ID: 31437923, Tax ID: 2020416739, VAT: SK2020416739, managing director Ing. Vojtech Račko, Ing. Alexandra Račková (hereinafter referred to as "seller") runs an online shop (hereinafter referred to as "e-shop"), which offers its customers to purchase goods based on the purchase contract concluded at a distance.

<> The Return Policy continues as General terms and conditions governing the sale of goods through e-shop. Return Policy describes the cooperation between the buyer and the seller with respect to any defects in the goods, their application and claims stemming therefrom. The buyers are obliged to familiarize themselves with the Return Policy and the General terms and conditions before ordering goods. Ordering the goods from the seller the buyer agrees with the content of that Return Policy. As a proof of purchase the seller shall issue document for each quantity of purchased goods (invoice). If it has not been made separate warranty certificate, then particular proof of purchase serves as a guarantee certificate (hereinafter referred as the "guarantee certificate"). These provisions are not applicable to a buyer who is not a consumer but a person who buys goods for business and not for personal use of individuals; liability for defects in the goods in this case is governed by §422 et seq. Commercial Code. The seller responds to consumer complaints in accordance with the legislation of the Slovak Republic, especially Act. 250/2007 Z.z. as amended, the Civil Code and legal provisions in force.

Warranty 

<> For all goods purchased under civil relations the warranty period is normally 24 months in accordance with the legislation of the Slovak Republic, if the legislation of Slovak Republic does not provide for a shorter period for certain goods. If the purchased item, its packaging or attached instruction manual contains indicating period of use, the warranty period does not end before the deadline. The warranty period starts from the date of receipt of goods by the buyer. The seller is liable to the consumer buyer for goods defects under the § 623 and 623 of the Civil Code. The seller may extend the statutory period. Duration of the extension of the warranty period is always indicated in the warranty card. If the warranty card is not marked with another warranty period, this period shall be 24 months. Warranty consists of the statutory period (24 months) and possibly extended period. Within the legal warranty the claims are governed by the Civil Code No.40 / 1964 Z.z. § 619-627 regarding to the Return Policy. For extension, the claims are governed exclusively by this policy. If it is a used item, the buyer and seller may agree on a shorter warranty, but not shorter than 12 months. For the goods sold at a lower price because of defect or incompleteness, the warranty does not cover defects due to which the lower price was agreed. The buyer´s rights from liability for defects in the goods, for which the warranty is valid, will shall expire unless exercised within the warranty period.

Warranty terms

<> Seller is responsible for ensuring that the goods for sale are of specified quality, quantity, rate and weight. Goods must be free from defects and comply with applicable technical standards. Seller is liable for defects of the goods sold on receipt buyers and for defects that occur after receipt of the goods within the warranty period.

Exceptions to the warranty period

Warranty does not cover defects caused by improper use of the goods or for the reasons of force majeure, natural disaster, etc. nor to any damage incurred as a consequence. Further, the warranty does not cover defects caused by poor service, inexpert or inappropriate treatment, use and installation that are in contrary to the user manual. Further, the warranty does not cover damage caused by:

<> mechanical damage of goods, use of goods in non-responsive conditions, the goods have been damaged to excessive load or in contrary to the conditions specified in the documentation or the general principles, making any unauthorized or changing parameters. The time of exercise of the right from liability for defects until the buyer was obliged to take over the thing will not be counted in the warranty period. If there is an exchange of goods, the guarantee period begins again from the taking of a new goods. If seller offers customer a free other goods as a gift for sold goods, it is up to the customer if offered gift is accepted. Gift is not sold goods, therefore the seller is not responsible for any defects. If the customer has the right to withdraw from the contract of sale (refund), the customer is obliged to return to seller all the goods received, i.e. the goods received as gift too. Buyer can file a claim: in person at the address RAK spol. s.r.o., Cpt. Jaroše 24, 957 01 Bánovce nad Bebravou, Slovakia. The goods are to be sent together with other required documents (especially proof of purchase) to the address: RAK spol. s.r.o., Cpt. Jaroše 24, 957 01 Bánovce nad Bebravou, Slovakia.

<> The buyer proves the validity of the warranty by presenting proof of purchase. If the goods were claimed in the past, the proof of claim should be enclosed too. On the complaint sheet the same serial number must be as the claimed product (if the product has a serial number). The seller has the right to refuse taking the goods to the complaint in cases when defective goods or some parts are dirty or do not meet basic preconditions for safe hygienic goods transfer to complaint process.

<> The buyer proves the validity of the warranty by presenting proof of purchase. If the goods were claimed in the past, the proof of claim should be enclosed too. On the complaint sheet the same serial number must be as the claimed product (if the product has a serial number). The seller has the right to refuse taking the goods to the complaint in cases when defective goods or some parts are dirty or do not meet basic preconditions for safe hygienic goods transfer to complaint process.

Method of complaint

 <> If the defect can be removed, the buyer shall have the right the defect to be free, timely and properly removed. The seller is obliged to remove defect without delay. Buyer instead of removing defects may require the exchange of things. If the defect relates only to some parts of thing, then the buyer can ask for components replacement, only if this does not result in unreasonable costs to the seller with respect to the price of goods or severity of defect. The seller can always instead of removing the defect replace any defective thing for a faultless one, if the buyer does not cause serious difficulties. If the defect can not be removed and the defect prevents the thing can be properly used as a one without defect, the buyer has the right to exchange things or has the right to withdraw from the contract. The same rights belong to the buyer in the case of removable defects and the buyer is not able properly to use the thing because of repeated occurrence of the defect after repair or due to a greater number of defects. In the case of other irremovable defects, the buyer is entitled to a reasonable discount from the price of things. If the thing sold at a lower price or a used thing has a defect for which the seller is responsible, the buyer has the right instead of exchanging things the right to an adequate discount. In the case of irreparable defect that does not preclude proper use of the goods, the buyer is entitled to a reasonable discount from the product price. Because the buyer has the right to exchange the goods or the right of withdrawal from contract (refund), then it depends on the buyer, which of these rights can be applied. However, once one of these rights is chosen buyer can not alter that choice unilaterally. If consumer files a complaint, the seller or a designated employee or designated person is obliged to inform the consumer of his rights as set forth above.

Determination the way how to sort out the claim

Based on the consumer's decision which of the consumer rights is applied, the seller is obliged to determine the method of claim. It should be done immediately or in complicated cases within 3 working days from the date of claim application. In justified cases, in particular where a complex technical assessment of the condition of goods or services is required, within 30 days from the day of claim. After determining the way how to claim the complaint can be settled immediately. In justified cases a claim can be settled at a later date. The complaint shall not take longer than 30 days from the date of the claim.

For settlement of the claim shall be considered: the movement or sending a new or repaired goods to the buyer, eventually receipt of the information that the goods are ready for pick up; sending funds corresponding discount on the price of the goods or refund the purchase price to the buyer, eventually send the information to the buyer that the corresponding amount is ready for him to collect. On expiry of the deadline for settlement of the claim the consumer has the right to withdraw from the contract or the right to exchange the goods for new ones.

Complaint within 12 months of purchase: if a consumer submitted complaint of the goods during the first 12 months of purchase, the seller may settle the claim rejection solely on the basis of professional judgement; whatever the result of expert judgement the consumer can not be required to cover the costs of expert judgement or other costs related to expert judgement; the seller is obliged to provide a copy of the professional assessment justifying the rejection of the complaint within 14 days from the date of the complaint.

The complaint 12 months after purchase: if the consumer submitted a complaint after 12 months of purchase and the seller rejected it, then the person, who has equipped complaint, is obliged to document the settlement of the claim to indicate where the consumer may send the goods to the professional judgement. If the goods are consigned to the expertise of a designated person, expert assessment costs and any other related reasonable expenses shall be borne by the seller regardless of the outcome of expert judgement. If a consumer proves by an expert assessment the seller's liability for defects, the complaint may be applied again. During carrying out a professional appraisal warranty period shall be suspended. The seller is obliged to reimburse the consumer within 14 days from the date of the claim any costs incurred for expert assessment, as well as all related costs reasonably incurred. Re-filed complaint can not be refused.

Costs for expert assessment: If a consumer sends goods to the expertise of a designated person, expert assessment costs and any other related expenses reasonably incurred shall be borne by seller, therefore, throughout the duration of the warranty period, regardless of the outcome of expert judgement. However, if the goods are sent to the expertise of other than designated person, that is expert or authorized, notified or accredited person, the cost of professional judgement, as well as all other related reasonably incurred costs, the seller must reimburse the consumer only if the technical assessment shows liability of the seller for the claimed defect, and within 14 days from the date of the re-filling claim. The seller is obliged to issue a confirmation of the claim for customer. This certificate is a copy of the complaint protocol. This confirmation should contain other than the contact information of the seller and the consumer the description of the defect and whether the consumer requires repair, exchange, withdrawal or discount on the purchase price, depending on the nature of the defect and the date of complaint. If the claim is put into effect through the means of mass communication, e.g. by telephone, the seller is required to deliver confirmation of submission of a complaint to the consumer as soon as possible and at the latest together with a proof of settlement of the claim. Confirmation of submission of a complaint may not be delivered, if the consumer has the chance to demonstrate a complaint in another way, e.g. by e-mail. The seller is obliged to issue a written evidence of settlement of the claim within 30 days from the date of the claim. This written document is a copy of the claim protocol with completing the box of the complaint, a letter containing a written notice of the settlement of the claim or by text message or e-mail message containing information on the settlement of the claim with a written confirmation of its dispatch. Having been justified complaint the warranty period is extended by the duration of the claim. In the case of unjustified complaint, the warranty period is not extended. If the claim was provided with the exchange of goods, the other potential claim is recognized as the first complaint of the goods.

Interaction with the buyer: the buyer must provide the seller, respectively an authorized service, immediately any cooperation on verification of the existence of the claimed defects and to eliminate it (including appropriate trials or removal of goods). The buyer is also obliged to deliver the goods in the application of claim clean in the proper packaging, in accordance with the hygiene rules or general rules of hygiene, including all its components and accessories, allowing such verification and removal of the defect. The buyer is obliged to take goods from warranty repair within one month of the notification of carrying out repair.

Final provisions

<> This Return Policy is effective from 7th April 2016. The seller reserves the right to change the rules for claims without prior notice by placing a new version on the website of e-shop. Buyer when submitting goods order from e-shop confirms the acceptance of the present valid Return Policy.

 
 
 
 
 
 
 
 
 
 
 
 
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