For THE GENERAL TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS AND SERVICES
for the company EKOMA – design, a.s., with its registered office at Dlhé diely I 3454/6, 841 04 Bratislava – Karlova Ves district, Business ID: 47 131 705, Tax ID: 2023773554, VAT ID: SK2023773554, registered in the Commercial Register of the Municipal Court of Bratislava III, Section SA, Insert No. 5756/B
1.1 This Claims Procedure regulates the relationships between the parties of a contract of sale or a contract for work or another contract for the supply of goods or services or goods and services in which EKOMA – design, a.s. is one party, with its registered office at Dlhé diely I 3454/6, 841 04 Bratislava – Karlova Ves, Business ID No.: 47 131 705, Tax ID No.: 2023773554, VAT ID No.: SK2023773554, registered in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No. 5756/B (hereinafter referred to as the “Supplier”) and the other party is a Customer, an integral part of the General Terms and Conditions of Business for the Supply of Goods and Services of the Supplier (hereinafter referred to as the “GTC”).
1.2. A Customer is an entity that has concluded a contract with the Supplier, the subject matter of which is the supply of goods or services or goods and services for remuneration (within the terms of the provisions of Article I. “Introductory Provisions”, clause 1.10. of the GTC, what is supplied by the Supplier to the Customer will also be referred to as “Goods”, regardless of their nature, i.e. regardless of whether it is a supply of goods, services or both goods and services), and has the right to make a claim on the liability for defects of the Goods (hereinafter referred to as the “Customer”).
1.3. In the event the Customer is a natural person who is not acting within the scope of his/her business activities, employment or profession when concluding this contract, he/she shall be deemed a consumer (hereinafter also referred to as “Consumer”). The Supplier’s legal relations with the Consumer not specifically regulated by this Claims Procedure or the GTC shall be governed by the relevant provisions of Act No. 40/1964 Coll., of the Civil Code (hereinafter also referred to as the “Civil Code”), as well as by related regulations, in particular Act No. 250/2007 Coll. on Consumer Protection (hereinafter also referred to as the “Consumer Protection Act“).
1.4. An entrepreneur shall be understood as a person registered in the Commercial Register, a person who operates a business on the basis of a trade license, a person who operates a business on the basis of a license other than a trade license pursuant to special regulations, or a person who operates in the field of agricultural production and is registered in a register pursuant to a specific regulation. For the purposes of this Claims Procedure and the GTC, an entrepreneur is also understood to be a person who acts in accordance with the previous sentence in the scope of his/her business activities. If the Customer indicates his identification number (Business ID) on the order, then he/she agrees that the rules specified in the GTC and the Claims Procedure for Entrepreneurs are applicable to him/her. The Supplier’s legal relations with a Customer who is an entrepreneur that are not expressly regulated by the GTC or the Contract between the Supplier and the Customer are governed by the relevant provisions of Art. 513/1991 Coll., of the Commercial Code as amended, as well as related regulations. In the event of any differences between the GTC and the individual Contract, the text of the Contract shall take precedence.
1.5. If the term Consumer is used in the text of this Claims Procedure, the relevant provision shall apply exclusively to a Customer who is a Consumer. If the term “Customer” is used in the text of this Claims Procedure, the provision applies to a Customer regardless of whether he/she is a Consumer or an Entrepreneur.
1.6. By confirming the Price Offer, the Customer confirms that he/she has read the General Terms and Conditions, of which the Claims Procedure is an integral part, and that he/she agrees with them in their entirety.
1.7. The Supplier hereby informs the Customer about the scope, conditions, and ways of making a claim, including information on where a claim can be made, and also about the performance of warranty repairs. The Claims Procedure is binding for both the Supplier and the Customer. The Claims Procedure is placed in a visible place in the Supplier’s premises at the New Living Center, Rožňavská 5303/4, Bratislava as well as on the Supplier’s website at https://www.ekoma.sk/reklamacny-poriadok.sk.
Liability for Defects – Information about Rights
2.1. The delivered Goods must be of the specified quality, quantity, measure and weight as agreed or prescribed by law, must be without defects, and must comply with the applicable technical standards. The Supplier is liable for defects of the delivered Goods upon their receipt by the Customer (legal liability for defects) and for defects that occur after the receipt of the Goods within the warranty period (warranty liability for defects).
2.2. A defect shall be understood as a lack of the required characteristics specified by the Customer in the Contract, as well as the characteristics usually associated with goods of the same kind, and the characteristics resulting from the technical standards associated with the ordered Goods or the work performed.
2.3. Warranty defect means a change (properties) of Goods, if its cause is the use of inappropriate or low-quality material, non-compliance with technology, or inappropriate construction solutions. A change in the characteristics of the Goods that occurs during the warranty period as a result of wear and tear, mechanical damage, incorrect use, inadequate or inappropriate maintenance, as a result of natural changes in the material from which the Goods are made, as a result of any damage caused by the user or a third party or other improper intervention, as well as the end of the lifetime of the Goods or their parts, cannot be considered as a defect of the Goods.
2.4. If the Goods have defects about which the Supplier is aware, the Supplier is obliged to bring them to the attention of the Customer when negotiating the Contract. If the Supplier properly fulfils its obligation, it shall not be liable for defects that were brought to the attention of the Customer. In the case of Goods sold at a lower price, the Supplier shall not be liable for defects for which a lower price was agreed. The Supplier shall not be liable for defects caused by normal use or consumption of the Goods (e.g. batteries, etc.).
2.5. The length of the warranty period for the Consumer is regulated by the applicable provisions of the Consumer Protection Act and the Civil Code, and therefore lasts 24 months, with exceptions specified by law. The warranty period of 24 months applies to the sale of goods for private use within the terms of § 620 ( par. 1) of the Civil Code. If the Customer is an entrepreneur and orders or purchases the Goods for business purposes, the warranty period shall be regulated by the manufacturer’s or Supplier’s warranty conditions in accordance with § 429 (par. 2) of the Commercial Code.
2.6. In the case of used Goods, the warranty period for the Consumer is 12 months. If on the Goods sold, on their packaging or on the instructions attached to them, there is a stated period of use, the warranty period shall not expire before the expiration of that period.
2.7. At the request of the Customer, the Supplier is obliged to provide a written guarantee (“warranty card”). If the nature of the Goods allows it, it is sufficient to issue a proof of purchase instead of a warranty card.
2.8. The warranty period begins 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 to run from a date other than the date of receipt of the Goods by the Customer, this fact must be indicated in the warranty card.
2.9. The period from the claim of the right of liability for defects until the time when the Customer was obliged to take over the Goods after the completion of the repair shall not be included in the warranty period. If the Goods are replaced, the warranty period for those Goods shall start again from the date of the receipt of the new Goods. The same applies if a part that has been under warranty is replaced. In the event of replacement of the Goods with new Goods, the Customer will receive a document stating what the replaced Goods are. If the claim has been settled by replacement, the next claim, if any, shall be deemed to be the first claim for the Goods. In the case of a reasonably rejected claim, the warranty period shall not be extended.
2.10. If it is a defect that can be fixed without affecting the quality and performance of the Goods, the Customer shall have the right to have it fixed free of charge, in a timely and proper manner. The Supplier shall repair the defect without undue delay taking into account the nature of the defect. The Customer may, instead of the repair of the defect, require the replacement of the Goods or, if the defect relates only to a part of the Goods, the replacement of the part, if this does not incur disproportionate costs for the Customer in terms of the price of the Goods or the severity of the defect. Replacement of the Goods is not possible in the case of a custom-made item pursuant to §§ 645 to 651 of the Civil Code and in the case of a work contract pursuant to § 536 et seq. of the Commercial Code. The Supplier may always replace the defective Goods with Goods without defects instead of repairing the defect, if this does not cause the Customer any serious inconvenience.
2.11. If there is a defect which cannot be fixed and which prevents the Goods from being properly used as Goods without a defect, the Consumer has the right to have the Goods replaced or to withdraw from the Contract. The same rights shall apply to the Consumer if the defects are repairable, but the Consumer cannot properly use the Goods due to the recurrence of the defect after a repair or due to a greater number of defects. The impossibility of using the Goods properly means the Consumer is unable to use the Goods for a relatively long period of time as a result of a recurring defect or because of a multiple number of reparable defects, and the Consumer cannot fairly be required to tolerate such a restriction. As a general rule, at least three defects in the Goods sold in a shop may be considered to be multiple defects, and the recurrence of a defect may be considered to be the occurrence of the same defect after at least two previous repairs to the same defect. In the case of other irreparable defects, the Consumer is entitled to a corresponding discount on the price of the Goods.
2.12. A Customer, who is an entrepreneur, shall have claims for defects of the Goods in accordance with § 436 – 441 or § 563 – 565 of the Commercial Code in the event of the liability of the Supplier.
2.13. The Customer has the right to exchange the defective Goods only for Goods that are identical in brand, type, finish, etc. to replace the originally delivered Goods. At the moment of application of any of the rights under the liability for defects, the Customer is bound by its will and cannot unilaterally change the choice of the applied right.
2.14. The Customer is entitled to withdraw from the Contract in all cases specified by law. Withdrawal shall be in effect for the Supplier from the moment the written statement of withdrawal from the Contract is delivered to the Supplier by the Customer. In the event of withdrawal from the Contract, the Contract shall be terminated from the beginning, and the Parties are obliged to return everything they have provided to each other under the Contract. If the claimed defect relates only to one of the Goods delivered or only to a part of the Goods while the rest of the Goods can be used for the agreed purpose, the Customer is entitled to withdraw from the Contract only in regard to that Good or that part of the Goods.
2.15. The right of liability for defects is applied in time if the expression of will by which the Customer claims this right reaches the Supplier before the end of the warranty period. If the right of liability for defects is applied without the Customer claiming the defects from which the right is based, this is an indefinite and therefore invalid application of the right. The rights of liability for defects of Goods for which the warranty period applies shall be terminated if they have not been claimed within the warranty period. In the case of used Goods, defect liability rights expire if they have not been claimed within 12 months of the date of receipt of the used Goods by the Customer.
3.1. 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 document, invoice, warranty card, manual and any other document necessary for the operation of the purchased goods). When collecting the Goods in person, the Customer is obliged to inspect the Goods and to claim any apparent defects related to mechanical damage to the Goods or their packaging, the quantity of the Goods delivered, the completeness of the documents, or any other apparent defects immediately. Subsequent claims related to obvious defects of the Goods, detectable upon receipt, cannot be accepted and such claims will be considered as unjustified. The Supplier is not liable for obvious defects that are detectable at the time of the receipt of the Goods and incompleteness of the Goods and documents handed over, even if the Customer does not use the right to inspect the Goods at the time of receipt.
3.2. Claims for mechanical damage of the Goods that was not obvious at the time of receipt must be made without undue delay after the receipt of the Goods, no later than within 24 hours of the receipt of the Goods.
3.3. If the Customer discovers a defect in the delivered item during its receipt, the Customer shall enter it in the report on the receipt of the Goods and the parties shall agree on the method and time limit for the repair of the defect. Minor defects which in themselves do not prevent the proper use of the Goods shall not be reason for refusal to accept the Goods.
3.4. In case of defects discovered later that were not apparent upon the receipt of the Goods, the Parties shall write a claim report.
3.5. Before the first use of the delivered Goods, the Customer is obliged to read the warranty conditions, including the operating instructions, and to employ this information during use. The Customer is obliged to apply the rights of liability for defects without undue delay after their discovery, at the latest by the expiry of the warranty period.
3.5. The warranty applies only to functional defects of the Goods caused by a manufacturing or construction defects unless otherwise stated in the warranty card.
3.6. If the Supplier, when selling the Goods, offers the Customer other Goods free of charge as a gift in addition to the Goods delivered, it is the Customer’s decision whether to accepts the offered gift. The gift is not the Goods sold and is therefore not covered by the warranty, and the Supplier shall not be liable for any defects in the Goods. If the Supplier is aware of any defects in the Goods offered to the Customer as a gift, the Supplier is obliged to bring them to the attention of the Customer when offering the gift. If defects are found in the gifted Goods which the Supplier has not brought to the attention of the Customer, the Customer shall be entitled to return the gift. If the Customer has the right to withdraw from the contract for purchasing the Goods, he/she is obliged to return everything he/she has received under the Contract to the Supplier, i.e. he/she is obliged to return the Goods received as a gift together with the Goods purchased.
Place and form of making a claim
4.1. Claims can be made by the Customer by sending an email to the Supplier’s email address firstname.lastname@example.org, or by post to EKOMA design, a.s., New Living Center, Rožňavská 5303/4, 821 01 Bratislava.
4.2. The Supplier is obliged to issue confirmation to the Customer when making a claim. If the Parties make a claim report, this shall replace the confirmation of the claim. In the case of the Consumer, if a claim is made by means of remote communication, the Supplier shall provide confirmation of the claim to the Consumer immediately. If it is not possible to deliver the confirmation immediately, it shall be delivered without undue delay, but at the latest together with a document confirming that the claim has been resolved. The confirmation of the claim does not have to be delivered if the Consumer is able to prove that the claim has been made in another way. The Supplier is obliged to issue written proof of the claim resolution no later than 30 days from the date of the claim.
4.3. If a claim is made by the Consumer, the Supplier, or an employee or designated person authorized by the Supplier, it is obliged to inform the Consumer of his/her rights under the provisions of § 622 and § 623 of the Civil Code. Based on the Consumer’s decision regarding the rights under liability for defects he/she is claiming, the Supplier is obliged to determine the method of claim handling immediately, in complex cases no later than 3 working days from the date of the claim. In justified cases, in particular, if a complex technical evaluation of the condition of the product or service is required, no later than 30 days from the date of the claim. Once the method of handling the claim has been determined, the claim must be handled immediately. In justified cases, the claim may also be handled later. However, the handling of the claim cannot take longer than 30 days from the date of the claim. These time limits are not binding to a Customer, who has purchased the goods as an entrepreneur and whose relationship with the Supplier is therefore governed by the Commercial Code.
4.4. If the Consumer has made a claim within the first 12 months from the conclusion of the purchase contract, the Supplier may only reject the claim on the basis of a professional assessment, which is an expert’s opinion or an opinion issued by an authorized, notified or accredited person, or the opinion of a person authorized by the manufacturer to carry out warranty repairs. Regardless of the outcome of the expert assessment, the Consumer cannot be required to pay the costs of the expert assessment or any other costs related to the expert assessment.
4.5. If the Consumer has made a claim after 12 months from the purchase and the Seller has rejected it, the person who handled the claim is obliged to indicate in the claim resolution document to whom the Consumer can send the goods for professional assessment. If the Goods are sent to a person nominated by the Supplier for expert assessment, the costs of the expert assessment as well as all other related costs reasonably incurred shall be covered by the Supplier irrespective of the outcome of the expert assessment. If the Consumer chooses another assessor for the expert assessment, the costs of the assessment shall be paid preliminarily by the Consumer. If the professional assessment proves that the Supplier is liable for the defect, the Consumer may make the claim again (the warranty period does not expire while the professional assessment is being carried out). In such a case, the Supplier shall reimburse the Consumer within 14 days from the date of the resubmission of the claim for all costs incurred for the professional assessment as well as all reasonably incurred related costs. The resubmitted claim cannot be rejected. If the professional assessment does not confirm the defect, the Supplier will not be able to repair the damaged goods under warranty, and if the Customer, after being notified of this fact, asks for their repair, the Customer will be obliged to reimburse the Supplier for the costs of carrying out the servicing and repair of such goods.
4.6. When making a claim, the Customer is obliged to present the warranty card (if issued), or the delivery note and proof of purchase of the goods, or payment of the purchase price (invoice). In the event of the failure to submit the aforementioned documents, the claim will not be recognized as a warranty claim. An incomplete or incorrectly amended warranty card is invalid. The customer is also obliged to provide evidence of any previous repairs related to the warranty.
4.7. When making a claim, the Customer shall precisely describe the defect of the goods and the manner in which the defect manifests itself. At the same time, he/she shall provide a contact address (home address, residence, or registered office, telephone number, email) where the Supplier will notify him/her of the method of handling the claim. The Supplier shall not be liable for any incorrect data provided by the Customer and for the impossibility of delivering documents to the contact address provided by the Customer. The Customer shall also indicate which of the defect liability he/she is claiming and, if it does not pertain the work performed, how he/she requests receipt of the resolved claim (personal receipt, courier service).
4.8. In the event the Supplier requests the Customer 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 the specific Goods, and is obliged to mark the shipment with the appropriate symbols, signs and marks. The Supplier is not liable for any damage to the Goods caused by improper packaging. Goods sent on a cash on delivery basis will not be accepted. We recommend that you insure the goods sent. The Supplier has the right to reject the claim for Goods in cases in which the claimed Goods or their components do not meet the basic prerequisites for hygienically safe acceptance of the Goods for the claim process.
5.1. The date of the start of the claim procedure is the date on which the Customer files a claim to the Supplier in the manner set out in Article IV section 4.1 of this Claims Procedure, by sending an email to the Supplier’s address or by post. In the event that a personal inspection of the defective Goods at the Customer’s premises is required, the date on which the Supplier or a responsible person authorized by the Supplier inspects the defective Goods at the Customer’s premises is considered to be the date of the start of the claim procedure.
5.2. After receipt of the claim Goods, or after inspection of the claim Goods, the Supplier or a designated person will issue confirmation of the claim to the Customer, or make a claim report with the Customer.
5.3. The Supplier or a person designated by the Supplier in the case of the Consumer 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 Consumer with an appeal to take over the repaired goods and the claim report within the legally specified time limit by email or registered letter.
5.4. The Supplier or a person designated by the Supplier is obliged to issue a written document to the Customer regarding the resolution of the claim. It is also considered to be in written form if the legal act is made by electronic means that allow the content of the legal act to be captured and the person who made the legal act to be identified.
5.5. In the event of non-collection of the Goods about which the claim was made within one month from the date on which the Customer has been notified of the repair of the defect, the Supplier is entitled to charge the Customer for storage in accordance with the law when collecting the goods about which the claim was filed. The aforementioned provision also applies to a Customer who is an entrepreneur.
5.6. If a Customer fails to collect the Goods which are the subject of a claim within six months of the date on which the Customer was obliged to collect them, the Supplier has the right to sell the Goods. If the Supplier knows the address of the Customer, and if the item is of greater value, the Supplier shall give the Customer prior notice of the intended sale and a reasonable additional period of time to collect the item (at least 15 days). Subsequently, the Supplier is entitled to sell the Goods and is obliged to pay the Customer the proceeds of the sale after deducting the cost of repair/replacement, the storage fees, and the costs of the sale. The right to the proceeds of the sale must be claimed by the Customer to the Supplier.
5.7. The Supplier is obliged to keep a record of the claims made by Consumers and to present it to the supervisory authority for inspection upon request. The record of the claims shall contain information on the date of the claim, the date and manner of the resolution of the claim, and the number of the claim document.
5.8. The claim procedure is closed with the resolution of the claim by handing over the repaired Goods, the replacement of the Goods, refunding the price of the Goods, providing a reasonable discount on the price of the Goods, a recorded notice to accept fulfillment, or a rejection of the claim with the reason, or any other manner agreed with the Customer. The resolution of the claim will not affect the Consumer’s right to compensation for damages pursuant to Act No. 294/1999 Coll. on liability for damage caused by a defective product, as amended, or the right of the Consumer, who is an entrepreneur, to compensation for damages pursuant to § 373 et seq. of the Commercial Code.
In Bratislava, on July 10, 2023
Approved by the Chairman of the Board of Directors, Ing. Alexander Milly, on July 10, 2023