Terms of Claim
Article I. Introductory provisions
VFTECH spol. s r.o. , ID No: 31564640, registered office: Vápenická 24, 971 01 Prievidza, SLOVAKIA, (hereinafter referred as "VFTECH spol. s r.o."), represented by Ing. Vladislav Oravec and Ing. Viliam Letavay issues, in accordance with relevant provisions of act no. 40/1964 Coll. Civil Code, Act no. 250/2007 Z.z. on Consumer Protection and on Amending the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended and Act no. 102/2014 on consumer protection in distance selling of goods or services or off-premises contract of seller and on the amendment of certain laws, these rules of procedure governing rights and obligations of parties resulting from the purchase contract concluded on distance between seller - company VFTECH spol. s r.o. and buyer-consumers, the subject of which is purchase and sale of goods on seller's e-shop website https://shopen.vftech.sk/
Article II. General provisions
- VFTECH spol. s r.o. is responsible for defects of goods at time of delivery to buyer.
- In case of used goods, VFTECH spol. s r.o. is not responsible for defects caused by usage or wear.
- For goods sold at a lower price, VFTECH spol. s r.o. is not responsible for defect for which a lower price has been agreed.
- Buyer shall not be entitled to exercise any right of liability for defects that he was aware of at time of contract conclusion or of which, having regard to the circumstances under which the purchase contract was concluded,he must have been aware.
- If good is not a product rapidly deteriorating or used, VFTECH spol.s r.o. is responsible for defects that occur after the goods have been taken over during warranty period (warranty).
- Warranty period for goods is 24 months. In case of used goods, buyers and sellers may agree on a shorter warranty period, but not less than 12 months.
- On buyer's request, seller is required to provide the guarantee in writing (warranty card). If the nature of the matter allows, it is sufficient to issue a proof of purchase instead of the warranty card.
- Warranty period begins from the receipt of the goods by buyer. If claimed goods are delivered to purchaser by post or courier service, warranty period starts from the receipt of the goods from the courier or postman.
- Seller has right to not accept the claim of goods if the goods or claimed parts are excessive polluted or do not meet the basic requirements for the hygienically safe handling of the claim.
- Rights of Liability for defects in which the warranty period is valid shall expire if they have not been applied within the warranty period.
Article III.
- If there is on goods a defect in that can be removed, buyer has right to request removing free of charge in time and by proper manner. Seller is required to remove the defect without undue delay. If the claimed defect is not proven or it is proven as not guarantee fault, the claim will be deny. If the defect occure after warrany period and buyer agrees to pay repair, the goods will be repaired at price according to the current valid price list.
- Instead of removing the defect, buyer may request the exchange of goods or if the defect relates only to a part of goods, replacement of the component, if the costs for seller are not excessive in relation to price of goods or seriousness of the defect.
- Seller may always replace defective goods with not defected one instead of removing the defect, if it does not cause serious difficulties to purchaser.
- In case the defect that can not be removed and it obstruct the goods being properly used as non-defective one, buyer has right to exchange the goods or to withdraw from the purchase contract. The same rights apply to buyer if the defect can be removed, but buyer can not properly use the goods because of repeated occurence of defects or a large number of defects.
- In case of other non-removable defects, buyer is entitled to appropriate discount of price of goods.
- If good sold at a cut- price or used good has a defect for which the seller is responsible, buyer has right to a reasonable discount instead of exchange the goods.
- Seller has instructed buyer to exercise his rights under § 622 of the Civil Code (points 1 to 3 of Article III of these Complaints) and rights resulting from it. § 623 of the Civil Code (points 4 to 5, No. III of these Complaints) by placing these business and claim terms on seller's relevant e-shop sub-page, and buyer had opportunity to read them before the order was dispatched.
- Seller is liable for defects in goods in accordance with valid Slovak regulations and buyer is obliged to make a claim at seller : VFTECH spol. s r.o., Vápenická 24, 971 01 Prievidza, SLOVAKIA. Buyer was properly informed of the complaint and of the terms and manner of claiming the goods, including details where the claim can be applied and the performance of warranty repairs in accordance with the § 18 par. 1 of Act no. 250/2007 Z. from. on Consumer Protection and on Amending the Act of the Slovak National Council no. 372/1990 Coll. (hereinafter referred to as the "Act") before conclusion of the purchase contract by placing such business and claim conditions on relevant e-shop sub-page of seller and buyer had opportunity to read them before the order was dispatched.
- Claim Policy applies to goods purchased by buyer from seller in the by e-shop on the seller's https://shopen.vftech.sk
- Buyer has right to claim at seller liability for defects on goods only for which manufacturer, supplier or seller is responsible, is under warranty and purchased at seller.
- If goods are defective, buyer has right to make a claim at the seller's establishment in accordance with § 18 par. (2) of the Act by delivering the goods to seller's establishment and delivering to seller a manifestation of buyer's wish to exercise his right under points 1 to 5 of these Claims Conditions (hereinafter referred to as the "Notice of Claiming"), by completed claim form, which is placed on the seller's e-shop site. Seller recommends the goods to be insured when sending them. Seller does not accept cash on delivery. Buyer is required to provide truthfully all required information in the Claim Notice, particularly accurately identify type and extent of defect on goods; buyer also indicates which rights under § 622 and 633 of the Civil Code he applies.
- Claim process for goods which may be delivered to seller begins on the day when all following conditions are cumulatively met:
- delivery of Notice of claim to seller,
- delivery of claimed goods from buyer to seller or assigned person.
- Seller or assigned person issues to buyer Notisce of claim in appropriate form chosen by seller, in written by mail or letter, in which he is obliged to closely identify defects in goods complained, and once again informs buyer of his rights under paragraphs 1 to 3 of this Article. III of these Complaints (Section 622 of the Civil Code) and rights arising from paragraphs 4 to 5 of these Commercial and Claim Terms (Section 623 of the Civil Code). If a complaint is claimed by means of long distance communication, seller is required to deliver the Notice of claim to buyer immediately; if it is not possible to deliver the receipt immediately, it must be delivered without undue delay, but at the latest with a proof of settle; the claim confirmation does not need to be delivered if buyer has the ability to prove the claim by another way.
- Buyer is entitled to decide which of his rights in accordance with provisions of Art. § 622 and provision § 623 of the Civil Code applies and at the same time it is obliged to immediately inform seller about its decision. On base of buyer's decision, which of the rights under the § 622 and § 623 of the Civil Code shall be applied, seller or the assigned person is obliged to determine the method of complaint settlement according to art. § 2 letter m) of the Act immediately, in more complicated cases within 3 days from the beginning of the complaint procedure, in justified cases, especially if a complex technical evaluation of the condition of goods is required within 30 days from the beginning of complaint procedure. After determining the way how to settle the complaint, seller or responsible person will handle the complaint immediately, in justified cases, the complaint can be settled later. However, the claim may not be settled later than 30 days from the date of the claim. After expiration of deadline for handling the complaint, customer has right to withdraw from the contract or exchange goods for a new goods.
- If buyer claimed goods during first 12 months from conclusion of purchase contract, seller may only refute the complaint by deny only on base of expert's opinion or issued by an authorized, notified or accredited person or opinion of the assigned person. Irrespective of the outcome of the expert judgment, seller may not require buyer to cover the costs of expert judgment of the goods or other costs related to professional judgment of goods.
- If buyer claimed product after 12 months from conclusion of the purchase contract and seller deny it, the person who settled the claim is obliged to indicate in the proof of setllement to whom buyer can send the goods for expert judgment. If buyer sends the goods for expert judgment to asssigned person stated in claim settlement documentation, the costs of expert judgment of the goods as well as all other related expense incurred shall be borne by seller irrespective of conclusion of expert judgment. If buyer, by professional judgment, demonstrates seller's liability for the defective product, he may reapply the claim; the warranty period does not expire during the performance of the expert assessment. Seller is obliged to pay buyer within 14 days of the day of the resubmitted claim all costs incurred in professional assessment of the goods as well as all the related expen- diture expensively related. The claim can not be denied.
- Seller is not responsible for defects in goods:
- in case of a manifest defect which buyer could have identified by checking the consignment on delivery of the goods and which he did not notify to seller,
- if buyer has not exercised his right concerning seller's liability for defect in goods until the end of warranty period,
- if defective goods are mechanically damaged by buyer,
- if defect is caused by use of goods in conditions which do not correspond by natural, environmental, humidity, chemical and mechanical effects to natural environment of goods
- if defect is caused by improper handling, servicing or neglect care of goods,
- if defect of goods arises from damage to the goods by overcharging or use in contravention of conditions specified in the documentation or general principles of common use of goods,
- if defect is caused by damage to the goods by irreversible and / or unpredictable events,
- if defect of the goods resulted from damage to the goods by accidental destruction and accidental deterioration,
- if defect was caused by unprofessional interference, damage by water, fire, static or atmospheric electricity, or any other act of force majeure,
- if defect of goods has been caused by force of non unauthorized person
- Seller is obliged to process the claim and terminate the claim procedure in one of the following ways:
- delivery of repaired goods
- the exchange of goods,
- by returning the purchase price of the goods,
- by paying an appropriate discount on the price of the goods,
- by reasoned deny of the goods claim.
- Seller is required to issue a written document about way of claim settlemet and claim settlement no later than 30 days from the day of filing the claim personally, via postal or courier service or delivery service provider. Seller will immediately inform buyer of result of the claim settlement after termination of the complaint by telephone, sms or e-mail and at once the proof of claim settlement will be delivered to buyer together with goods or by e-mail.
- The warranty period is extended by the time the buyer could not use the goods for warranty repair of the goods.
- In case of a replacement of a new product, buyer will receive a document containing information about the exchange of goods and any further claims will be made on basis of the purchase contract and this claim document. In case of replacement of goods for a new one, the warranty period will begin again from the receipt of new goods, but only for new goods.
- As regards a removable defect, the complaint will be settled depending on buyer's decision as follows:
- seller will ensure the removal of the defect, or
- Seller Exchange the defective goods.
- As regards a removable defect and buyer does not immediately determine how the complaint is to be settle, seller settle the claim by removing the defect.
- If there is a defect that can not be removed or a multiple recurring defect or a number of different removable defects that prevent the goods from being properly used as not defective, the seller shall ensure, depending on the buyer's decision:
- the exchange of goods for other functional goods of the same or better technical parameters, or
- if seller can not exchange the goods for another, he shall settle the claim by returning the purchase price for the goods.
- If there is a defect that can not be removed, or one repeated multiple deleterious defects or a number of different removable defects that prevent the goods from being properly used as non defective and buyer does not immediately determine how to settle the claim, seller settle the claim by exchanging the goods for other functional goods of the same or better technical parameters.
- Claim settlement only applies to defects listed in the Claim Notice and in the Product Recognition Receipt
- For reclamation purposes, the occurrence of a single removable defect is more than two times more likely to be a recurring deleterious defect.
- For the purpose of claiming, the occurrence of more than three different removable defects at the same time is considered to be a multiple number of removable defects.
- Buyer's right to claim a defect is after he has exercised his right and has requested seller to remove the defective goods and regardless of the outcome of the claim, he is not again entitled to repeat the claim for the same unique defect (not the fault of the same kind).
- The provisions of these Terms of Claim do not expressly apply to entities not complying with the consumer definition set out in § 2 letter. a) of the Act.
- If the consumer is unsatisfied with the seller's remedy or if he believes that the seller has breached his rights, he is able to contact the seller for a remedy. If the seller answers or fails to respond to the request for correction within 30 days from the date of dispatch, the consumer has right to make a proposal to open an alternative solution to his dispute pursuant to § 12 of Act no. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment of some laws.
- Competent bodies for alternative dispute resolution with VFTECH spol. s r.o. is Slovak Trade Inspection Prievozská 32, 827 99 Bratislava 27 www.soi.sk or other relevant legal entity registered in the List of Alternative Dispute Resolution Bodies 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 those alternative dispute resolution entities to address.
- Customer can use the on-line dispute resolution platform on the website http://ec.europa.eu/consumers/odr/ to submit a proposal for alternative dispute resolution.
Art. IV Exclusions from guarantees
- Warranty does not apply to the natural wear and tear of the goods or parts used in accordance with their designation (end of life) due to natural changes in the materials from which the goods are made. By expiration of the specified lifetime, the warranty for the goods ceases.
- Warranty also does not apply to defects that have arisen:
- by mechanical damage to goods, forced manipulation,
- unprofessional interference, damage and alterations to the goods made by the operator or a third party,
- misuse of the goods contrary to the instruction / instructions for use,
- neglect of prescribed goods care,
- improper and / or inappropriate care and / or care,
- the use of goods under conditions which do not correspond to their temperature, dustiness, humidity, chemical, mechanical or other effects of the environment determined by the manufacturer of the goods,
- overloading, overloading, excessive use,
- fire, lightning, atmospheric or static electricity, water, heating, fall, mechanical damage by external influences, voltage fluctuations in the el. network and other inevitable events
Article VI. Final provisions
- The legal relationships governed by these Rules of Claim shall be governed by the laws in force in the territory of the Slovak Republic. This complaint procedure covers only the relations between the seller and the buyer, which is a consumer within the meaning of Act no. 250/2007 Z.z. on Consumer Protection as amended. Seller's liability for defects in goods, including quality assurance, in relations between the seller and the buyer who is not a consumer within the meaning of Act no. 250/2007 Z.z. on Consumer Protection as amended, shall be governed by the relevant provisions of the Commercial Code.
- The relevant provisions of the Civil Code, the Act, Act no. 22/2004 Z.z. on electronic Shopping and amending Act no. 128/2002 Z.z. on state control of the internal market in consumer protection matters and on amendment of some acts, as amended by Act No. 284/2002 Z.z. as subsequently amended and Act no. 102/2014 Z.z. on consumer protection in case of distance selling.
- VFTECH spol.s r.o. reserves the right to change this Complaint Procedure. The change of the claim order is effective from the date of its new version on the website https://shopen.vftech.sk
- Buyer will be prompted to send the order by ticking the check box to acknowledge, read, understand, and agree with these terms and conditions.
- These terms of claim become effective against the buyer by entering into a purchase contract.
This Complaint Rules shall take effect on 01.1.2020
