RETURNS POLICYThis warranty and returns policy defines the relationship between the seller and the consumer.
1. General conditions
- Canapé, spol. s.r.o. (further as „Seller“) with this Returns Policy in accordance with § 18 Article 1 of Law No. 250/2007 Consumer Protection Act and the change of Law No. 372/1990 Coll. on offences, as amended (further as „Law“) hereby informs the consumer (further as „Buyer“) about the conditions and eligibility of law enforcement regarding the liability for defects (further also „Claim“) including information on where Claim can be filed and warranty repair.
- All Claim handlings are subject to the valid returns policy. The returns policy in this form is valid for all purchases, unless there are other warranty conditions settled in a separate contract.
- The returns policy applies to the goods bought by Buyer from Seller in the form of an electronic purchase on the internet website of the electronic store of Seller.
- By placing an order Buyer confirms, that he/she was properly informed about the conditions and means of Claim including the information about how to file a Claim and warranty repair proceedings, in accordance with the Law.
2. Liability in the case of faulty goods
- Under the Civil Code, Seller is liable for any defects of sold goods received by Buyer and for defects, which arouse after the pick-up of goods during the warranty period. The warranty period is 24 months. The warranty period starts from the date of the pick-up by Buyer. Should there be a product replacement the warranty period starts from the pick-up of a new product.
- In a warranty certificate issued to Buyer, Seller can offer a warranty of a larger extend than the warranty defined in the previous article, whereby the conditions and extend of the warranty will be defined in a warranty certificate.
- The warranty period does not include the period of the Law enforcement regarding the liability for defects until the period when Buyer was bound to take over the matter after the Claim was handled.
- The Law enforcement regarding the liability for defects of goods, which are valid during the warranty period, will expire if Buyer will not enforce his/her right.
- The warranty provided during the warranty period does not cover the faulty goods if they have their serial number removed or damaged, or if they were mechanically damaged after the pick-up, damaged due to handling under inappropriate conditions or if they were damaged by natural disasters, electric current defect, or when Buyer used or manipulated with the goods in violation of the user manual and in conflict with the manufacturer’s warranty conditions.
3. Returns and cancellation
- Consumer can enforce the warranty rights only on goods with defects caused by the manufacturer, supplier, or Seller, which are under the warranty and were bought directly from Seller.
- During the warranty period, the consumer has the right for a removal of defects free of charge after presenting the purchased goods including its accessories, documentation and manual to an authorized Seller’s representative accompanied by a warranty certificate and the original proof of purchase.
- The consumer is bound to claim faulty goods to Seller without any unnecessary delay otherwise the right for a removal of defects free of charge shall be terminated.
- The consumer does not have any right to file a Claim for those defects which he/she was notified of by Seller at the time of concluding the purchase contract or those which he/she must have been aware of regarding the circumstances under which the purchase contract was concluded.
- The consumer can file a Claim (or enforce his/her right for a repair of the purchased goods) with a registered office of Seller. If the warranty certificate includes a third party authorized for a warranty repair execution (further as “after-sale service”), the consumer shall file a Claim with such after-sale service. Other rights regarding the liability for defects of goods, i.e. a right for a product exchange, a right to withdraw from the purchase agreement, and a right to a reasonable discount, shall be enforced with a registered office of Seller.
- If the purchased goods show signs of defect, the consumer has the right to file a Claim by sending the goods to Seller’s registered office on his/her own expenses together with a filled-in claim form. The form shall be specified by Seller and its example shall be published on the website of the Seller’s e-shop. Buyer is bound to clearly state the kind and extend of any defects of the purchased goods in a claim form.
- The claim procedure of the purchased goods which shows signs of defect and which is possible to be delivered directly to Seller, starts from the day when all the following conditions are fulfilled:
- delivery of the purchased goods declared for Claim to Seller,
- delivery of a filled-in claim form from Buyer to Seller,
- presentation of the original proof of purchase and other documentation related to the purchase of goods (invoice, warranty certificate, user manual).
- Seller is bound to accept a Claim at their registered office or at the place of after-sale service.
- Seller or after-sale service shall issue a confirmation of the claim application of the goods in an appropriate form chosen by Seller (e.g. email or written form), in which they shall clearly state the goods’ defects and inform the consumer about his/her rights. If a Claim is filed in the means of remote communication, Seller is bound to deliver a claim confirmation to Buyer immediately; if this is not possible, Seller must deliver it without undue delay but no later than together with a confirmation of the settlement of the Claim. A confirmation of the claim application does not have to be delivered, if Seller has a possibility of proving the application of the Claim in other ways.
- The settlement of the Claim is applicable only to defects stated in a confirmation of the claim application.
- Seller or after-sale service is bound to state the means of claim settlement immediately, in difficult cases within 3 days from the start of the claim procedure, in justified cases, especially if a complex technical evaluation of the goods condition is required, within 30 days from the start of the claim procedure. After stating the means of claim settlement, Seller or after-sale service shall handle the Claim immediately, in justified cases the Claim can be handled at a later time. An overall claim settlement must not take longer than 30 days from the day of the claim application. After the expiry of the period for claim settlement, the consumer has a right to withdraw from the purchase agreement or a right for a product exchange for a new product. Seller or after-sale service shall inform the consumer about the end of the claim procedure and the result of the Claim immediately after the end of the claim procedure by phone or in other appropriate form in way that would prove the delivery of such information. At the same time, Seller or after-sale service shall send the consumer a warranty protocol via email or by registered mail.
- If the consumer filed a Claim of the purchased goods within the first 12 months since the conclusion of the purchase contract, Seller can process the Claim by refusal only if it was based on a statement by an expert or a stance issued by an authorized, notified, or accredited person or a stance of an after-sale service. Regardless of the result of a professional reviewing, Seller can require from the consumer no reimbursement of the costs connected with such professional reviewing of the goods or any other costs related to a professional reviewing.
- If the consumer filed a Claim of the purchased goods within the first 12 months since the conclusion of the purchase contract and it was refused, Seller is bound to state in a confirmation of the claim settlement a contact place where the consumer can send the goods for a professional reviewing to. If the consumer sends the goods for a professional reviewing to an appointed person stated in a confirmation of the claim settlement, the costs of a professional reviewing of the goods as well as all the other rationally related costs are defrayed by Seller regardless of the result of a professional reviewing. If the consumer proves the liability of Seller for the claimed defect of the goods by a professional reviewing, he/she can file a Claim again; the warranty period does not run during the execution of a professional reviewing of the goods. Within 14 days of a repeatedly filed Claim, Seller is bound to reimburse the consumer all costs connected with a professional reviewing, as well as all rationally related costs. A repeatedly filed Claim cannot be refused.
- If a defect is removable, the consumer has a right for an early and proper removal free of charge. The means of defect removal shall be decided by Seller of after-sale service, who are bound to remove a defect without undue delay. Instead of defect removal, the consumer can require a product exchange (or a component exchange if a defect is related to a particular component), as long as no unreasonable costs considering the price of goods or seriousness of a defect arise to Seller.
- If a defect cannot be removed and it restrains a proper usage of a product as if in the case of a product without a defect, the consumer has a right for a product exchange or a right to withdraw from the purchase agreement. These rights are valid also when a defect is of removable nature, but the consumer cannot properly use the product due to a repeated defect occurrence after a defect repair. A repeated defect occurrence after a defect repair is understood as a situation, when the same defect occurs three times after at least two previous repairs of these defects. The consumer has a right for a product exchange or a right to withdraw from the purchase agreement also when defects which occur are removable, but the consumer cannot properly use the product due to a higher number of defects. A larger number of defects is understood as at least three differently-removable defects, while each of them restrains a proper usage of a product. If a defect is non-removable but does not restrain a proper usage of a product, the consumer has a right to a reasonable discount from the product’s price.
- Seller reserves the right to replace a defected product with other similar product with comparable technical parameters.
- Any transport costs related to the claim application with Seller or at after-sale service are borne by the consumer, if not stated otherwise. In the case of a legitimate Claim, all costs related to the transport of repaired goods shall be borne by Seller or after-sale service. In the case when under relevant statutory provisions there is no Claim but a mechanical damage of the goods by the consumer, usage of the goods under inappropriate conditions, unprofessional treatment, failure to take reasonable care of the goods, the costs related to the transport of the goods shall be borne by the consumer.
- The entire costs related to a repair of a claimed product after the warranty period shall be borne by the consumer. In the case when the consumer is enforcing his/her right arising from the warranty exceeding the extend of the warranty laid down by law (more than 24 months) which was extended to the consumer’s advantage by Seller, it is necessary to present the original copy of warranty certificate. In such case, Seller or after-sale service is bound to act as in the case of a proper application of a warranty claim.
4. Final provisions
- This returns policy is issued in accordance with Law No. 40/1964 Coll. Civil Code, Law No. 250/2007 Coll. Consumer Protection Act and amending Act of the National Council of the Slovak Republic No 372/1990 Coll. on minor offences, as amended, as well as other general binding rules of the Slovak Republic.
- Legal relationships between Seller and Buyer not ‘expressly’ provided in this returns policy shall be governed by the relevant provisions of Law No. 40/1964 Coll. Civil Code, Law No. 250/2007 Consumer Protection Act, as well as by other related regulations. By effectiveness of this returns policy, Seller reserves the right to any change of its provisions preserving mandatory rules of the Civil Code and other legislations valid in the territory of the Slovak Republic related to customer protection.
- By effectiveness of this returns policy, Seller reserves the right to any change of its provisions preserving mandatory rules of the Civil Code and other legislations valid in the territory of the Slovak Republic related to customer protection.
- By confirming the order, the consumer instantly agrees with this returns policy of Seller.
In Bratislava, 28.1.2016