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CLAIMS PROCEDURE

of the seller – ProfiDENT s.r.o. with registered office at Námestie slobody 13, 811 06 Bratislava, ID: 17 327 733, TIN: 2020332501, VAT: SK20203325015, registered in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No. 1299/B (hereinafter referred to as “Claims Procedure”).

  1. CLAIMS PROCEDURE — GENERAL AND COMMON PROVISIONS

1.1. The claims procedure is different for a buyer who is a consumer and for a buyer who is an entrepreneur. The provisions of the Claims Procedure below apply to a buyer who is a consumer. Relations with the buyer, who is an entrepreneur, are governed by the provisions of Section 436 et seq. Act no. 513/1991 Coll. Commercial Code.

1.2. Consumers are understood in accordance with Section 52 of Act no. 40/1964 Coll. of the Civil Code as a natural person who, in concluding and performing a consumer contract, does not act within the scope of his business or other entrepreneurial activity and also understands it in accordance with § 2 of Act no. 250/2007 Coll. on consumer protection a natural person who, in concluding and performing a consumer contract, does not act within the scope of his business, employment or profession.

1.3. The buyer acknowledges that the display of products on the seller’s website may in fact differ in terms of color, gloss, and other visible features of the product. This difference can be caused by capturing the product in a photograph and then displaying it on a computer monitor, and the photographic display and monitor can display the product with a slight distortion. The seller is not responsible for this difference in the appearance of the product and the product itself, and this fact is not a reason for a product claim. For this reason, the buyer-consumer can always exercise the right to withdraw from the contract in accordance with the GTC.

  1. CLAIMS PROCEDURE FOR A BUYER THAT IS A CONSUMER

2.1. The seller is responsible for defects of the sold item when taken over by the buyer. The seller is not responsible for defects caused by the use or wear of the item.

2.2. If the items are not perishable or used, the seller is responsible for defects that occur after taking over the item during the warranty period (warranty). The warranty period is 24 months.

2.3. The seller provides proof of purchase for the goods, which also serves as a guarantee document.

2.4. In the case of a defect that can be rectified, the buyer has the right to have it rectified free of charge in a timely manner and properly. The seller is obliged to rectify the defect without undue delay. The buyer may, instead of rectifying the defect, request a replacement of the goods or, if the defect concerns only a part of the goods, a replacement of the part, if the seller does not incur disproportionate costs due to the price of the goods or the severity of the defect.

2.5. Instead of eliminating the defect, the seller can always replace the defective goods with perfect ones, if this does not cause serious difficulties for the buyer.

2.6. In the case of a defect in the goods which cannot be removed and which prevents the goods from being properly used as a defect-free item, the buyer has the right to exchange the goods or has the right to withdraw from the purchase contract. The same rights belong to the buyer in the case of remediable defects, but if the buyer can not properly use the goods due to the recurrence of the defect after repair or due to a larger number of defects. In the case of other irreparable defects, the buyer is entitled to a reasonable discount on the price of the goods.

2.7. If the item sold at a lower price or the used item has a defect for which the seller is responsible, the buyer is entitled to a reasonable discount instead of the right to exchange the item.

2.8. Defect liability rights apply to the seller from whom the goods were purchased. Claims and goods must be delivered (also by postal delivery) to the company’s registered office: ProfiDENT s.r.o., with registered office at Námestie slobody 13, 811 06 Bratislava.

2.9. The seller instructed the buyer about his/her rights under the provisions of par. Section 622 and par. Section 623 of the Civil Code by placing these claim conditions on the e-shop website of the seller (within and outside the general terms and conditions), and the buyer had the opportunity to read them in time before sending the order.

2.10. In the event that the buyer has ordered the goods other than by ordering through the seller’s e-shop, the seller will deliver the following documents to the buyer together with the delivered goods: General Terms and Conditions, Claims Procedure, Claim Form, Withdrawal Form and Instructions on the Processing and Protection of Personal Data.

2.11. The seller is responsible for defects in goods in accordance with the applicable regulations of the Slovak Republic, and the buyer is obliged to file a claim with the seller.

2.12. This valid Seller’s Claims Procedure applies to the handling of claims. The buyer was duly acquainted with the claim procedure and informed about the conditions and method of goods claim, including information on where the claim can be made in the period before the purchase contract by placing this claim procedure on the relevant subpage of the seller’s e-shop, which the buyer had the opportunity to read before sending the order.

2.13. The claims procedure applies to goods purchased by the buyer from the seller in the form of e-commerce through the e-shop on the seller’s website. The claims procedure also applies to all other forms of purchase as specified in the general terms and conditions of the seller.

2.14. The buyer has the right to claim from the seller for defects of the goods relating only to goods that show defects for which the manufacturer, supplier or seller is responsible, is covered by the warranty and was purchased from the seller.

2.15. If the goods show defects, the buyer has the right to file a claim at the seller’s premises in accordance with Art. Sec 18 par. 2 of the Consumer Protection Act by delivering the goods to the registered office of the seller and delivering to the seller a statement of the buyer’s will to exercise his/her right under points 2.4. to 2.6. of this Claims Procedure (hereinafter “Notice of Claim“), e.g. in the form of a completed claim form, which is located on the subpage of the seller’s e-shop (“Claim Form“). The seller recommends insuring the goods when sending them for a claim. The seller does not accept cash on delivery. The buyer is obliged to state all required information truthfully in the Notice of Claim, in particular to precisely indicate the type and extent of the defect of the goods; the buyer shall also state which of his/her rights arising from para. Sections 622 and 633 of the Civil Code apply.

2.16. The claim procedure concerning goods that can be delivered to the seller begins on the day when the cumulative following conditions are met: a) delivery of the Notice of Claim to the seller (or delivery of the Claim Form if the buyer so uses), b) delivery of the claimed goods from the buyer to the seller.

2.17. The seller shall issue to the buyer a Confirmation of Goods Claim as an e-mail or in writing, in which it is obliged to accurately identify the claimed defects of the goods and once again inform the consumer of his/her rights under section 2.4 to 2.6 of this Claim Procedure (provisions of Art. Sec. 622 and 623 of the Civil Code). If the claim is made via remote communication, the seller is obliged to deliver the confirmation of the claim to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the proof of the claim. The claim confirmation does not have to be delivered if the buyer has the opportunity to prove the claim in another way.

2.18. The buyer is entitled to decide which of his/her rights in accordance with Art. Section 622 and 623 of the Civil Code applies, and is also obliged to immediately deliver information about its decision to the seller. Based on the decision of the buyer as to which of his/her rights in accordance with Art. Section 622 and 623 of the Civil Code is applied by the seller or a designated person obliged to determine the method of handling claims according to Art. Section 2 letter m) of the Consumer Protection Act immediately, in more complex cases within three days from the beginning of the claim procedure, in justified cases, especially if an in-depth technical assessment of the condition of the goods is required no later than 30 days from the day of the claim procedure. After determining the method of handling the claim, the seller or the designated person will handle the claim immediately; in justified cases, the claim can be resolved later.
However, the settlement of the claim may not take longer than 30 days from the date of the claim. However, the settlement of the claim may not take longer than 30 days from the date of the claim After the expiration of the time limit for handling the claim, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new product.

2.19. If the buyer has made a claim for the goods during the first 12 months from the conclusion of the purchase contract, the seller may reject the claim only on the basis of professional assessment (hereinafter referred to as “professional assessment of the goods”). Irrespective of the result of the professional assessment, the seller may not require the buyer to reimburse the costs of the professional assessment of the goods or other costs related to the professional assessment of the goods. The seller is obliged to provide the consumer-buyer with a copy of the expert assessment justifying the rejection of the claim no later than 14 days from the date of handling the claim.

2.20. If the buyer has made a product claim after 12 months from the conclusion of the purchase contract and the seller has rejected it, the person who handled the claim is obliged to state in the claim document to whom the buyer can send the goods for professional assessment. If the buyer sends the goods for professional assessment to the designated person specified in the document on the handling of the claim, the costs of professional assessment of the goods, as well as all other related expediently incurred costs, shall be borne by the seller regardless of the result of the professional assessment. If the buyer proves with the professional assessment the responsibility of the seller for the claimed defect of the goods, he/she can re-submit the claim; the warranty period does not expire during the professional assessment of the goods. The seller is obliged to reimburse the buyer within 14 days from the date of the re-submitted claim all costs incurred for the professional assessment of the goods, as well as all related purposefully incurred costs. A re-submitted claim cannot be rejected.

2.21. The buyer does not have the right to exercise the right of liability for defects of which he/she was notified by the seller at the time of concluding the contract, or which, taking into account the circumstances under which the purchase contract was concluded, he/she must have known.

2.22. The seller is not responsible for defects in the goods:

  1. a) in the case of an obvious defect which the buyer was able to detect by checking the consignment on delivery of the goods and which he/she did not notify to the seller’s representative in accordance with point 2.11. of this claim procedure,
  2. b) if the buyer has not exercised his/her right concerning the seller’s liability for defect in the goods by the end of the warranty period of the goods,
  3. c) if the defect of the goods is mechanical damage to the goods caused by the buyer,
  4. d) if the defect of the goods was caused by the use of the goods in conditions that do not correspond with their intensity, humidity, chemical and mechanical influences to the natural environment of the goods,
  5. e) if the defect of the goods was caused by improper handling, service, or neglect of care of the goods,
  6. f) if the defect of the goods was caused by use in violation of the conditions specified in the documentation, resp. general principles of normal use of the goods,
  7. g) if the defect of the goods was caused by damage to the goods by unavoidable and/or unforeseeable events,
  8. h) if the defect of the goods was caused by damage to the goods by accidental destruction and accidental deterioration,
  9. i) if the defect of the goods was caused by unprofessional intervention, damage by water, fire, static or atmospheric electricity or other force majeure,

2.23. The seller is obliged to handle the claim and terminate the claim procedure in one of the following ways:

  1. a) by handing over the repaired goods,
  2. b) exchange of goods,
  3. c) return of the purchase price of the goods,
  4. d) by reimbursing a reasonable discount on the price of the goods,
  5. e) a written request to take over the performance specified by the seller,
  6. f) by reasoned rejection of the goods claim.

2.24. The seller is obliged to issue a written document to the buyer about the method of determining the handling of the claim and the handling of the claim no later than 30 days from the date of the claim in person, through the postal or courier or delivery service provider. The seller will inform the buyer about the result of claim handling immediately after the end of the claim procedure by phone or e-mail, and also together with the goods, respectively by email, will deliver proof of claim handling.

2.25. The warranty period is extended by the time during which the buyer could not use the goods due to the warranty repair of the goods.

2.26. In the case of the exchange of goods for new goods, the buyer will receive a document stating information about the exchange of goods, and any further claims are applied on the basis of the purchase contract and this claim document. In the case of exchange of goods for new goods, the warranty period begins again from the receipt of new goods, but only for new goods.

2.27. With regard to the remediable defect, the claim will be settled depending on the decision of the buyer according to point 2.18. of this Claim Procedure as follows:

  1. a) the seller ensures the elimination of the defect,
  2. b) the seller replaces the defective goods.

2.28. In the case of a remediable defect and the buyer does not immediately determine – in accordance with paragraph 2.18. of this claim procedure – how the claim should be handled, the seller will handle the claim by resolving the defect.

2.29. In the case of a defect that cannot be remedied, or a single repetitive remediable defect, or a number of different remediable defects that prevent the goods from being properly used, the seller will provide, depending on the buyer’s decision under 2.18. of this claim procedure, as follows:

  1. a) exchange of goods for other goods,
  2. b) in the event that the seller is unable to exchange the goods for other, it will settle the claim by refunding the purchase price of the goods.

2.30. In the case of a defect which cannot be remedied, or a defect that can be remedied several times, or a number of different remediable defects which prevent the goods from being used properly and without defects and the buyer shall not immediately determine in accordance with point 2.18. of these claim and business conditions how the claim should be settled, the seller will handle the claim by exchanging the goods; in the case of unavailability of goods it shall settle the claim by returning the purchase price of the goods.

2.31. Claim handling applies only to defects specified in the Notice of Claim and in the Confirmation of Claim of Goods pursuant to points 2.16. and 2.17 of this Claims Procedure.

2.32. For the purposes of a claim, a situation in which the same defect occurs at least twice more after the first repair of the item shall be considered a recurrence of the remediable defect after repair.

2.33. For the purposes of a claim, a situation where at least three different remediable defects occur at the same time is considered to be a larger number of remediable defects.

2.34. The right of the buyer to file a claim for a goods defect follows the exercising of his/her right to ask the seller to eliminate the defect of the goods according to point 2.4. of this Claims Procedure, and regardless of the result of the claim he/she is no longer entitled to file a claim repeatedly for the same unique defect (i.e. a defect of the same type).

2.35. The provisions of this Claims Procedure do not explicitly apply to entities that do not meet the definition of a consumer as set out in point 1.2. of this Claims Procedure.

  1. ALTERNATIVE DISPUTE RESOLUTION

3.1. The buyer-consumer has the right to ‘alternative dispute resolution’ in accordance with Act no. 391/2015 Coll. on Alternative Dispute Resolution and on Amendments to Certain Laws.

3.2. The consumer has the right to seek redress from the seller if he/she is not satisfied with the way in which the seller has handled his/her claim, or if he/she considers that the seller has infringed his/her rights. If the seller responds to this request in a negative manner or does not respond within 30 days of sending, the consumer has the right to file a motion to initiate alternative dispute resolution at the ADR entity (hereinafter ADR entity) pursuant to Act 391/2015 Coll.

3.3. ADR entities are bodies and authorized legal entities in accordance with Section 3 of Act 391/2015 Coll. The consumer may file a petition in the manner specified pursuant to Section 12 of Act No. 391/2015 Coll., the option to apply to a court is not affected thereby.

3.4. Alternative dispute resolution may be used in accordance with Section 2 of the cited Act only by a consumer-natural person who is not acting within the subject of his/her business activity, employment or profession when concluding and fulfilling a consumer contract.

3.5. Alternative dispute resolution only concerns a dispute between a consumer and a seller arising from or in connection with a consumer contract.

3.6. Alternative dispute resolution does not apply to disputes where the value of the dispute falls below EUR 20.

3.7. The ADR entity may require the consumer to pay a fee for initiating ADR up to a maximum of EUR 5 including VAT. Alternative dispute resolution via an ADR entity is free of charge (i.e. the litigation itself). The ADR entity may not require other payments such as the fee for initiating alternative dispute resolution and payment according to Section 10 par. 4 of the cited Act (reimbursement for material costs of making copies, importing/sending durable media).

  1. CLAIMS PROCEDURE FOR A BUYER THAT IS A BUSINESS ENTITY (A SUBJECT OTHER THAN A CONSUMER)

4.1. The Claims Procedure for a buyer-business entity is governed by the legal conditions regulated in the Commercial Code (Section 422 et seq. – defects of goods).

This Claims Procedure is valid in the wording as published on the seller’s website – ProfiDENT s.r.o. ( www.splashbrush.sk ).

The wording of this Claims Procedure is effective from 01 January 2021

Document version: RP-01/2021