Claims procedure

Annex no. 2

Return policy

No. 1/2019

The company EKOMA – design, a.s., with its registered office at Dlhé diely I 3454/6, 841 04 Bratislava – city section Karlova Ves, IČO: 47 131 705, DIČ: 2023773554, IČ DPH: SK2023773554, registered in the Commercial Register of the District Court Bratislava I, section Ltd., insert no. 5756 / B

Article I.

Introductory provisions

1. These rules for claims regulate the relations between the contracting parties of the special purchase contract, where on the one hand the company EKOMA – design, a.s. s.r.o., with its registered office in Dlhé diely I 3454/6, 841 04 Bratislava – city section Karlova Ves, IČO: 47 131 705, DIČ: 2023773554, IČ DPH: SK2023773554, entered in the Commercial Register of the District Court Bratislava I, section Sro, file no. 5756 / B (hereinafter also referred to as “EKOMA – design, a.s. s.r.o.” or as the “Supplier”) and on the other hand the Customer and is an inseparable part of the General Terms and Conditions (hereinafter also referred to as the “GTC”).

2. The Customer is an entity that has entered into a contract with the Supplier, the subject of which is the delivery of goods or services or goods and services for consideration (in accordance with Article I. “Introductory provisions”, point 1.11., will be provided by the Supplier “, regardless of its nature, i.e., regardless of whether it is a supply of goods, services or goods at the same time as services), and who has the right to assert claims for liability for defects of goods. (hereinafter referred to as the “Customer”).

3. If the Customer is a natural person who does not act within the scope of business, employment, or profession when concluding this contract, he/she is considered a consumer (hereinafter also referred to as the “Consumer”). Legal relations between the Supplier and the Consumer are not expressly regulated by the Claims Procedure, and the GTC are governed by the relevant provisions of Act no. 40/1964 Coll., Civil Code (hereinafter also referred to as the “Civil Code”), as well as related regulations, in particular Act No. 250/2007 Coll. on Consumer Protection (hereinafter also referred to as the “Consumer Protection Act”) and Act no. 102/2014 Coll on consumer protection in the sale of goods or the provision of services on the basis of a distance contract or a contract concluded outside the seller’s premises (hereinafter also referred to as the “Act on consumer protection on the sale of goods or the provision of services on the basis of a distance contract or a contract concluded outside the seller’s premises”).

4. An entrepreneur can be understood as – a person registered in the commercial register, a person who conducts business on the basis of a trade license, a person who conducts business on the basis of a license other than a trade license, a person who carries out agricultural production and is registered in accordance with a special regulation. Entrepreneurs are also, for the purposes of this Claims Procedure and the GTC, understood to be a person who acts in accordance with the previous sentence within the scope of their business activities. If the Customer states his identification number (IČO) in the order, then he acknowledges that the rules stated for entrepreneurs apply to him/her. The legal relations between the Supplier and a Customer that is an entrepreneur are not expressly regulated by the GTC or the contract between the Supplier and the Customer, and they are governed by the relevant provisions of Act no. 513/1991 Coll., Commercial Code, as amended, as well as related regulations. In case of any differences between the GTC and the individual contract, the text of the contract takes precedence.

5. By confirming the price offer, the Customer confirms that he/she has read the GTC, of which the Claims Procedure forms an inseparable part.

6. With this claims procedure, the Supplier informs the Customer about the scope, conditions, and manner of making a claim, including information on where the claim can be made, as well as about the performance of warranty repairs. The Claims Procedure is binding for both the Supplier and the Customer. The Claims Procedure shall take place in a visible place in the Contractor’s premises at the New Living Center, Rožňavská 5303/4, Bratislava as well as on the seller’s website, ekoma.sk

Article II.

Liability for defects – information on rights

1. The delivered goods must have the required or legally stipulated quality, quantity, measure, and weight and must be free of defects and comply with binding technical standards. The Supplier is liable for defects that the delivered goods have when taken over by the Customer and for defects that occur after taking over the goods during the warranty period.

2. A defect means a change (properties) of the goods if it is caused by the use of unsuitable or poor quality material, non-compliance with technology, or unsuitable design solutions. A defect cannot be considered a change in the properties of the goods that occurs during the warranty period due to wear, mechanical damage, incorrect use, insufficient or inappropriate maintenance, natural changes in the material from which the goods are made due to any damage by the user or third party person, other incorrect intervention, or the end of life of the goods or their parts.

3. If the goods have defects the Supplier knows about, it is obliged to notify the Customer of them when negotiating the purchase contract. If the Supplier duly fulfills its obligation, it is not liable for the defects about which it has notified the Customer. If goods are sold at a lower price, the Supplier shall not be liable for defects for which the lower price has been agreed. The Supplier is not responsible for defects caused by normal use or the consumption of goods (e.g., batteries, etc.)

4. The length of the warranty period for the Customer is governed by the applicable provisions of the Consumer Protection Act and the Civil Code, i.e., it lasts 24 months, with the exceptions stipulated by law. The warranty period of 24 months applies to the sale of goods for private use in accordance with § 620 para. 1 of the Civil Code. If the Customer is an entrepreneur and buys the product for business activities, the warranty period is governed by the manufacturer’s warranty conditions in accordance with § 429 para. 2 of the Commercial Code.

5. In the case of used goods, the warranty period is 12 months. If the period of use is marked on the goods sold, their packaging, or the instructions attached to them, the warranty period does not end before the expiration of this period.

6. At the request of the Customer, the Supplier is obliged to provide a guarantee in writing (guarantee certificate). If the nature of the goods allows it, it is sufficient to issue a proof of purchase instead of a guarantee certificate.

7. The warranty period runs from the date of receipt of the goods and / or confirmation of the necessary documents related to the goods by an authorized person. If the warranty period begins on a day other than the date of the receipt of the goods by the Customer, this fact must be indicated on the warranty card.

8. The period from the exercising of the right from the liability of the defect until the time when the Customer is obliged to take over the goods after the repair is not included in the warranty period. If the goods are replaced, the warranty period for these goods begins again from the time of the receipt of the new goods. The same applies if the part for which the warranty has been provided is replaced. In the case of exchanging goods for new ones, the Customer will receive a document stating what the exchanged goods are. If a claim is settled with an exchange, the next claim is considered to be the first claim about the goods. In the case of a reasonably rejected claim, the warranty period is not extended.

9. In the case of a defect that can be rectified without deteriorating the quality and performance of the goods, the Customer has the right to have it rectified free of charge, in a timely manner, and properly. The supplier is obliged to eliminate the defect without undue delay. The Customer may, instead of remedying the defect, request the replacement of the goods or, if the defect concerns only a part of the goods, the replacement of the part, if the Supplier does not incur disproportionate costs due to the price of the goods or the severity of the defect. The Supplier may always replace the defective goods with non-defective goods instead of eliminating the defect, unless this causes serious inconvenience to the Customer.

10. In the case of a defect which cannot be eliminated and which prevents the goods from being properly used as goods without defects, the Customer has the right to have the goods replaced or the right to withdraw from the purchase contract. The same rights belong to the Customer in the case of remediable errors if the Customer is unable to use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. The inability to use the goods properly is defined as the Customer being excluded from the use of the goods for a relatively long time due to a recurring defect or a large number of remediable defects, so he/she cannot be fairly required to suffer such a restriction. As a rule, at least three defects can be considered as a larger number of defects of the goods sold in the store, and the occurrence of the same defect after at least two previous repairs can be considered as a recurrence of the defect. In the case of other irreparable defects, the Customer is entitled to a reasonable discount on the price of the goods.

11. The Customer has the right to exchange defective goods only for goods that are of the same brand, type, design, etc., identical to the originally delivered goods. At the moment of exercising any of the rights from the liability for defects, the Customer is bound by his expression of will and cannot unilaterally change the choice of the applied right.

12. The Customer is entitled to withdraw from the contract in all cases provided for by law. Withdrawal is effective for the seller from the moment the Customer’s written statement of withdrawal from the contract is received. In the event of withdrawal from a contract, the purchase contract is canceled from the beginning and the parties are obliged to return everything they have provided as a result of it.

13. The right of liability for defects is exercised at the correct time if there is an expression of will by which the Customer exercises this right to the Supplier before the end of the warranty period. If the right of liability for defects is asserted without the Customer claiming defects from which the asserted right is derived, it is an indefinite and therefore invalid application of the law. The rights from the liability for defects of the goods for which the warranty period applies shall expire if they are not exercised during the warranty period. In the case of used goods, the rights from the liability for defects shall lapse if they have not been exercised within 12 months from the date of taking over the used goods by the Customer.

Article III.

Warranty conditions

1. Upon receipt of the goods, the Customer is obliged to inspect the goods and check the completeness of the goods and the relevant documents (tax documents, invoice, warranty card, manual, and other documents necessary for the operation of the purchased goods). Upon the personal collection of the goods, the Customer is obliged to check the goods and find obvious errors concerning mechanical damage to the goods or their packaging, the quantity of the delivered goods, the completeness of documents, and report other obvious errors immediately. Upon the delivery of the goods by a courier service or post, the Customer is obliged to write a claim report at the place of taking over the goods regarding the discovered obvious defects, an incomplete shipment, mechanical damage to the goods, its packaging, or other obvious defects. Subsequent claims concerning obvious defects of the goods detectable upon receipt cannot be accepted, and such claims will be considered unjustified. The Supplier shall not be liable for obvious defects found upon receipt of the goods and the incompleteness of the delivered goods and documents if the Customer does not exercise the right to inspect the goods upon receipt.

2. Claims for mechanical damage to the goods that were not obvious upon their receipt must be made without undue delay after taking over the goods, no later than within 24 hours of their receipt.

3. Before using the purchased goods for the first time, the Customer is obliged to study the warranty conditions, including the operating instructions, and then follow this information. The Customer is obliged to exercise the rights for the liability for defects without undue delay after finding them, at the latest until the expiration of the warranty period.

4. The warranty only applies to malfunctions of the goods caused by a manufacturing defect.

5. If the Supplier, when selling the goods, offers the Customer other goods as a gift free of charge for the sold goods, it is the Customer’s decision whether to accept the offered gift. The gift is not sold goods, and therefore it is not covered by the warranty and the Supplier is not responsible for any defects. If the Seller is aware of the defects of the goods which it offers the Customer as a gift, it is obliged to notify the Customer of them when offering the gift. If defects appear on the donated goods that the Supplier has not notified the Customer about, the Customer is entitled to return the gift. In the event that the Customer has the right to withdraw from the contract for the purchase of goods, he is obliged to return to the Supplier everything he/she received under the contract, i.e, together with the purchased goods, he/she is obliged to return the goods received as a gift.

Article IV.

Place and method of claims

1. The Customer is to submit a claim by sending an email to the Supplier’s email address: ekoma@ekoma.sk, or by post to EKOMA design, a.s., New Living Center, Rožňavská 5303/4, 821 01 Bratislava.

2. The Supplier is obliged to issue confirmation to the Customer when a claim is made. If a claim is made by means of long-distance communication, the Supplier is obliged to deliver the confirmation of the claim to the Customer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest with the result of the claim; confirmation of the claim need not be delivered if the Customer has the opportunity to prove the claim in another way. The Supplier is obliged to issue a written document on the handling of the claim no later than 30 days from the date of the claim.

3. If a Customer files a claim, the Supplier or an employee authorized by him/her or a designated person is obliged to inform the Customer about his/her rights pursuant to the provisions of § 622 and § 623 of the Civil Code. Based on the Customer’s decision on the rights of the liability for defects, the Supplier is obliged to determine the method of handling the claim immediately, in difficult cases no later than 3 working days from the date of the claim, in justified cases, especially if a complex technical assessment of the product or services are required, no later than 30 days from the date of the claim. After determining the method of handling the claim, the claim will be settled immediately; in justified cases, the claim can be settled later; however, the settlement of the claim may not take longer than 30 days from the date of the claim. These deadlines are not binding to the Customer that purchased the goods as an entrepreneur, and thus his/her relationship with the Supplier is regulated by the Commercial Code.

4. If a Customer lodges a claim for goods within the first 12 months of concluding the purchase contract, the Supplier may handle the claim by rejection only on the basis of expert assessment, which is regarded as an expert opinion or an opinion issued by an authorized, notified, or accredited person, or the opinion of a person authorized by the manufacturer to do so. Irrespective of the result of the professional assessment, the Customer will not be required to pay the costs of the professional assessment or other costs related to the professional assessment.

5. If the Customer has made a claim after 12 months from the purchase and the Supplier has rejected it, the person who handled the claim is obliged to state in the claim document to whom the Customer can send the goods for professional assessment. If the goods are sent for an expert assessment to a designated person proposed by the Supplier, the costs of the expert assessment, as well as all other related purposefully incurred costs, shall be borne by the Supplier regardless of the result of the expert assessment. If the Customer chooses another assessor for the professional assessment, the costs of the assessment are borne by the Customer. If the Supplier’s liability for the error is proven by a professional assessment, the Customer may file a claim again (the warranty period does not expire during professional assessments). In such a case, the Supplier is obliged to reimburse the Customer for all the costs incurred for the professional assessment, as well as for all related purposefully incurred costs, within 14 days of the date of re-claim. A re-submitted claim cannot be rejected. If the defect is not confirmed by the professional assessment, the Supplier will not be able to repair the damaged goods under warranty, and if the Customer requests their repair after notification of this fact, he/she will be obliged to reimburse the Supplier for the costs associated with the servicing and repairing of said goods.

6. When making a claim, the Buyer is obliged to submit a guarantee certificate (if issued), or a delivery note and a proof of purchase of goods, e.g., payment of the purchase price (invoice). If the above documents are not submitted, the claim will not be recognized as under warranty. An incomplete or incorrectly modified warranty card is invalid. The Buyer is also obliged to provide proof of any previous repairs related to the warranty.

7. When making a claim, the Customer will accurately describe the defect of the goods and the way in which the defect manifests itself. At the same time, he/she shall state the contact address (address of residence, stay, or registered office, telephone number, email) for the Supplier to use to notify him/her of the method of handling the claim. The Supplier is not responsible for any incorrect data provided by the Customer or for the impossibility of delivering documents to the contact address provided by the Customer. The Customer will also state which of the claims for liability for defects he/she asserts and how he/she requests the takeover of the settled claim (personal collection, courier service).

8. In the event that the Supplier invites the Customer to send the defective goods to the Supplier or to another place designated by the Supplier (e.g., a service center), the Customer is obliged to pack the goods in suitable packaging that sufficiently protects the goods and meets the requirements for the transport of these specific goods. Additionally, he/she is obliged to mark the consignment with the appropriate symbols. The Supplier shall not be liable for damage to the goods caused by improper packaging. Goods sent using cash on delivery will not be accepted. We recommend insuring the sent goods. The Supplier has the right to refuse to accept the goods for a claim in cases where the claimed goods or its components do not meet the basic requirements for the hygienically safe acceptance of the goods into the claim process.

Article V.

Claim handling

1. The day of the commencement of the claim procedure shall be deemed to be the day when the Customer has lodged a claim with the Supplier in the manner specified in Article IV. point 4.1. of this Claims Procedure, by sending an email to the Supplier’s email address or by post. When sending defective goods at the request of the Supplier through a transport service, the day of the commencement of the claim procedure is considered to be the day when the defective goods together with the relevant documents were delivered to the Supplier or service center. In the event of the need for a personal inspection of the defective goods at the Customer’s premises, the day of the commencement of the claim procedure is considered to be the day when the Supplier or the responsible person authorized by the Supplier performs the inspection of the defective goods at the Customer’s premises.

2. After taking over the claimed goods and after the inspection of the claimed goods, the Supplier or the designated person shall issue a confirmation of the claim to the Customer.

3. The Supplier or the designated person is fully responsible for monitoring the expiration of the claim period in accordance with the relevant provisions of the Consumer Protection Act and the Civil Code and immediately contacting the Customer with a request to take over the repaired goods and the claim protocol within the statutory period by email or registered letter.

4. The Supplier or the assigned person is obliged to issue a written document on the handling of the claim. Written form is retained if the legal act is performed by electronic means, which enable the content of the legal act to be captured and the identification of the person who performed the legal act.

5. In case of non-collection of the claimed goods within one month from the day the Customer is notified of the completion of the repair, the Supplier is entitled to charge the amount for storage in accordance with the law, according to § 656 of the Civil Code.

6. Pursuant to the provisions of § 656 par. 2 of the Civil Code, if the Customer does not pick up the item within six months of the day when he/she was obliged to do so, the Supplier has the right to sell the item. If the Supplier knows the Customer’s address and if the item is of greater value, the Supplier is obliged to notify the Customer of the intended sale in advance and give him a reasonable additional period to pick up the item (at least 15 days). Subsequently, the Supplier is entitled to sell the item and is obliged to pay the Customer the proceeds of the sale after deducting the price of the repair, the storage fee, and the cost of the sale. The Customer must exercise the right to the proceeds of the sale with the Supplier.

7. The Supplier is obliged to keep records of claims and submit them at the request of the supervisory authority for inspection. The records of claims must contain data on the date of the claim, the date and method of handling the claim, and the serial number of the document on the claim.

8. The claims procedure is terminated by the claim being settled and the handing over the repaired product, replacing the product, returning the purchase price of the product, providing a reasonable discount on the product price, a recorded call for acceptance, or the reasonable rejection of the claim. The handling of claims does not affect the consumer’s right to damages under Act no. 294/1999 Coll. on liability for damage caused by a defective product, as amended.

In Bratislava, on October 22, 2019

Approved by the Chairman of the Board of Directors, Ing. Alexandr Milly, on 22.10.2019

Supplier

………………………………………………..

EKOMA – design, a.s.

Ing. Alexander Milly

Chairman of the Board

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