RETURN POLICY
- 1. INTRODUCTORY PROVISIONS
1.1. Korlat, s.r.o. (Hereinafter Korlat, s.r.o. or the “Seller”), by this Return Policy, in compliance with § 18 (1) of Act No. 250/2007 Coll. on Consumer Protection and on the Amendment of Act No. 372/1990 Coll. on Misdemeanors, as amended, properly informs the consumer (hereinafter the “Client” or the “Buyer”) of the terms and conditions and the means of exercising rights related to liability for defects (hereinafter the “Complaint”), including the information on where to lodge the Complaint and warranty repair.
1.2. The Return Policy is issued in compliance with Act No. 40/1964 Coll. the Civil Code, as amended, (hereinafter the “Civil Code”), Act No. 250/2007 Coll. on Consumer Protection, and on the Amendment of Slovak National Council Act No. 372/1990 Coll. on Misdemeanors, as amended, (hereinafter the “Consumer Protection Act”), and other generally binding legal regulations of the Slovak Republic.
1.3. The Return Policy is in compliance with § 18 (1) of the Consumer Protection Act placed in a visible location and available to the Client at the website – www.autolibert.eu
- 2. LIABILITY FOR THE DEFECTS OF THE GOODS SOLD
2.1. Korlat s.r.o. is liable for defects of the goods sold when being taken over by the Buyer (§ 619 (1) of the Civil Code) and for defects that will occur after the takeover of the goods during the warranty period (§ 619 (2) of the Civil Code). There is a 24-month warranty period (§ 620 of the Civil Code).
2.2. The warranty periods begin on the date the goods were taken over by the Buyer (§ 621 of the Civil Code).
2.3. The warranty period does not include a period from the exercise of the rights from liability for defects until the period when the Buyer was obliged to take the goods over after it was repaired. If the goods are replaced, the warranty period will begin again from the day on which the goods were taken over (§ 627 of the Civil Code).
2.4. The rights from liability for the defects of the goods, to which the warranty period applies, will expire if not exercised during the warranty period (§ 626 (1) of the Civil Code).
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- 3. THE EXERCISE OF THE RIGHTS FROM LIABILITY FOR DEFECTS (COMPLAINTS)
3.1. The Buyer exercises the right to repairs by Korlat s.r.o. (§ 18 (2) of the Consumer Protection Act). If a warranty card includes a different entrepreneur for repairs (hereinafter the “Warranty Service”), who is at the site of the Seller or in a location that is closer to the Buyer, the Buyer may exercise the right to repairs in this Warranty Service (§ 625 of the Civil Code). The Buyer will find the addresses and telephone numbers of the Warranty Services in the warranty card.
3.2. Other rights from liability for defects, i.e. the right to the replacement of the goods, the right to withdraw from purchase contract (the return of money), and the right to an adequate discount, are exercised by the Buyer toward the Seller.
3.3. The Seller or an employee authorized by him or by the Warranty Service is obliged to determine the way to handle the Complaint and to settle the Complaint within a period that cannot be longer than 30 days from the date the Complaint was lodged (§ 18 (4) of the Consumer Protection Act). In the case of a Complaint lodged within 12 months of the purchase of a product, the Seller can reject the Complaint only on the basis of an expert opinion. If the Seller rejects the Complaint lodged after 12 months of the purchase of a product, the Seller is obliged to inform the Buyer to whom the product should be delivered for an expert opinion. For the purposes of the settlement of the Complaint, the expert opinion means, inter alia, an opinion of an authorized person or a person authorized by the manufacturer to perform warranty repairs (§ 2 (n) of the Consumer Protection Act).
3.4. When the Complaint is lodged, the Seller is obliged to give to the Client the confirmation (§ 18 (5) of the Consumer Protection Act). The confirmation means a copy of a damage report.
3.5. The Seller is obliged to issue a written document about the settlement of the Complaint within 30 days of the date the Complaint was lodged (§ 18 (6) of the Consumer Protection Act). The written document means a letter containing a written notice of the settlement of the Complaint or an SMS message containing the information on the settlement of the Complaint with a written confirmation of its sending.
- 4. GENERAL TERMS AND CONDITIONS OF THE COMPLAINT
When the goods are subject to the Complaint:
a) it is necessary to submit a proof of purchase or to prove, in another way that does not raise any doubts, that the goods were purchased at the www.autolibert.eu e-shop
b) it is necessary for the goods to meet any other conditions for a warranty complaint stated in the warranty card (not physically damaged, not damaged by natural disaster, seals intact, etc.)
c) in case the Client exercises the right arising from warranty exceeding the scope of
the warranty stipulated by the law, the original warranty card must be submitted.
- 5. THE METHOD OF SETTLING THE COMPLAINT
5.1. If there is a defect that can be repaired, the Buyer is entitled to a free-of-charge, timely, and proper repair. The Seller decides on how the defect will be repaired and he is obligated to repair the defect without undue delay (§ 622 (1) of the Civil Code).
5.2. Instead of the repair, the Buyer can request the goods be replaced, or if the defect relates to only a part of the goods, he can request the replacement of this part unless the Seller incurs inadequate costs in relation to the price of the goods and the seriousness of the defect (§ 622 (2) of the Civil Code).
5.3. The Seller always can, instead of repairing the defect, replace the defective goods with defect-free goods unless it causes serious difficulties to the Buyer (§ 622 (3) of the Civil Code).
5.4. If the defect cannot be repaired and if it prevents the goods from being properly used as defect-free goods, the Buyer is entitled to the replacement of the goods or he is entitled to withdraw from the purchase contract (the return of money) (§ 623 (1) of the Civil Code).
5.5. The Buyer is entitled to the replacement of the goods or he is entitled to withdraw from the contract (the return of money) if there is also a defect that can be repaired, but the Buyer cannot properly use the goods after repair due to a repeated defect (§ 623 (1) of the Civil Code). The repeated defect after repair means a situation when the same defect occurs for the third time after the product was repaired at least two times.
5.6. The Buyer is entitled to the replacement of the goods or he is entitled to withdraw from the contract (the return of money) if there is also a defect that can be repaired, but the Buyer cannot properly use the goods due to a higher number of defects. The higher number of defects means at least three simultaneous removable defects, each of them preventing the product from being properly used.
5.7. If the Seller does not settle the Complaint within 30 days, the Buyer has the same rights as in the case of an irremovable defect (§ 18 (4) of the Consumer Protection Act), i.e. the right to the replacement of the goods or the return of money (withdrawal from the contract).
5.8. If it applies to an irremovable defect which does not prevent the goods from being properly used, the Buyer is entitled to an adequate discount from the price of the product.
- 6. ALTERNATIVE METHOD FOR THE SETTLEMENT OF DISPUTES
6.1. Dear consumer, If you think that we have breached your rights or if you are not satisfied with the way your Complaint was settled, please send your redress to our e-mail address: claims@autolibert.eu.
6.2. If we reject your request or if we do not respond to it within 30 days of sending it to the e-mail address or if you are not satisfied with our solution, under the amended Act No. 102/2014 and Act No. 3í1/2015 on the Alternative Settlement of Consumer Disputes, you are entitled to an alternative (extra-judicial) dispute resolution method.
6.3. You can submit your proposal in the manner described under § 12 of Act No. 391/2015 Coll. In order to submit your proposal, you can use a form; samples of these forms are available on the website of the competent ministry and each entity for the alternative dispute resolution.
6.4. A list of entities for alternative dispute resolution as of 10 April 2016 is available at: http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s. The consumer can decide which of the above entities for the alternative settlement of consumer disputes he will turn to.
6.5. The address for submitting submissions in electronic form to the Slovak Trade Inspection is ars@soi.sk.
6.6. The entity for the alternative dispute resolution can reject the consumer’s submission, e.g.:
§ if a computable value of dispute does not exceed EUR 20.00
§ if, with regard to all circumstances, it is clear that the alternative settlement of dispute could be conducted only by exerting disproportionate effort, etc.
6.7. The consumer can also submit his complaint by means of the RSO alternative dispute resolution platform available on-line at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SK.The Complaints can be lodged here by consumers living in the EU toward a merchant with its registered office in the EU.
6.8. The costs of the alternative dispute resolution are born by each party separately without possibility of compensation.
- 7. FINAL PROVISIONS
7.1. The purpose of the Return Policy is to ensure the proper and timely protection of rights and legitimate interests of the Client. Therefore, it is necessary that the Client’s complaints are lodged properly, on-time, and in compliance with the procedures stated in the Return Policy, while respecting the mutual rights and duties of all interested parties and providing necessary collaboration.
7.2. The Return Policy has been discussed and approved by Korlat s.r.o.
7.3. Eventual questions should be addressed to Korlat s.r.o., Jablonica 906,
906 32 Jablonica, Slovakia or by e-mail autolibert@autolibert.eu
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