for filing claims with the seller, MOTOREN s.r.o.
- This claims procedure lays down the method for applying claims and the procedure for resolving claims.
- This claims procedure is an integral part of the seller’s terms and conditions.
- This claims procedure applies to all merchandise purchased by a consumer from MOTOREN s.r.o., registered in the Commercial Register at Košice I District Court, Section: Sro, File no. 22026/V, with registered office at Myslavská 64/87, 040 16 Košice, Org. ID: 44229135, Tax ID: 2022632854, VAT ID: SK2022632854, phone no.: 00421 905 310 064, email: firstname.lastname@example.org (“Seller”).
Responsibility for Defects
- The seller is responsible to the buyer for ensuring the sold merchandise matches the purchase agreement and is sold without defects. Matching in terms of the purchase agreement means that the sold merchandise is of the quality and has the properties presented by the seller or the standard quality and properties of such an item that meets the standard requirements of legislation and suitable for the intended use presented by the seller or typical for the given type of merchandise.
- The seller’s responsibility for defects under the purchase agreement concluded with a consumer is subject to §620 et seq. of the Civil Code.
- The seller is responsible for the defects in the sold merchandise at the time of their acceptance by the buyer. It is not responsible for defects in merchandise sold at a lower price for the express reason of such defects.
- So long as the merchandise does not spoil quickly and is not used merchandise, the seller is responsible for defects occurring after receipt of the merchandise in the warranty period (warranty). The warranty period is 24 months.
- The warranty period commences upon receipt of the merchandise by the buyer.
- The seller shall provide the warranty in writing (warranty sheet) upon buyer request. If the nature of the merchandise permits, the receipt from the purchase may be used instead of a warranty sheet.
- The receipt, i.e. invoice, functions as the warranty sheet and the delivery note.
- The warranty does not cover damage caused by:
- physical damage to the merchandise,
- use of the merchandise in conditions that do not comply with temperature or humidity requirements or other requirements related to exposure to chemicals and other physical hazards,
- unprofessional handling or neglect to properly care for the merchandise,
- excessive loading or use of the merchandise in violation of general principles,
- natural disasters or force majeure events.
- Buyers may file claims in writing and then mailing the claim by post to the seller’s registered office at MOTOREN, s.r.o., Hospodársky dvor PD, Janovik 210, 082 03 Prešov or via email to email@example.com.
- The buyer shall provide the following details in the claim:
- identification of the buyer,
- electronic order number,
- description of the merchandise that the buyer intends to return/exchange with identification of the code, colour, size, quantity and price,
- description of the defects,
- name and bank account number of the buyer’s bank and bank code,
- date and signature of the buyer.
- When applying a claim, the seller shall send the receipt proving purchase of the merchandise or the warranty sheet, if provided, together with the claim for the defective merchandise (“required documents”) to the specified address.
- If the buyer does not submit the required documents with the merchandise involved in the claim, the seller shall call on the buyer to provide these required documents.
- The seller reserves the right to refuse to take delivery of merchandise sent by the buyer COD.
- The merchandise must be packed to prevent any further damage when shipped back to the seller. Damage to the merchandise during shipment will result in the claim being refused.
- The seller is responsible for the defects in the sold merchandise at the time of their acceptance by the buyer. The buyer has the right to apply claims involving defects in the merchandise during the valid warranty period.
- If such defect can be remedied, the buyer has the right to free-of-charge remedy of such defect. The seller shall remedy the defect without any undue delay. Instead of remedy of such defect, the buyer may request that the merchandise be exchanged or, if the defect only occurs in a part of the merchandise, the exchange of only such part if the seller would not incur excessive costs with respect to the price of the merchandise and the severity of the defect. The seller may replace a defective item with a non-defective item so long as such step does not result in undue difficulties.
- If such defect cannot be remedied and this prevents the merchandise from being properly used as if it had no defects, the buyer has the right to exchange of such item or to withdraw from the agreement. The same rights are given to a buyer if such defect can be remedied, but the buyer cannot properly use the item due to the defect occurring after repair or due to many defects. If such defects cannot be remedied, the buyer has the right to an appropriate discount from the price of the item.
- If a claim is filed using means of remote communication, the seller shall provide confirmation of receipt of the claim to the buyer immediately; if it cannot be confirmed immediately, it shall be delivered without any undue delay, together with the resolution of the claim at the latest; confirmation of receipt of the claim is not required if the buyer can demonstrate the application of its claim in any other manner.
- The seller shall define a method for resolving the claim immediately, or within 3 business days from the date on which the claim is applied in complicated cases; in justified cases, especially given the complex technical nature of the product or service, such method shall be defined within 30 days from the date on which the claim is applied at the latest. Once a method has been defined, the claim is resolved immediately, or in justified cases, a claim may be resolved later; the resolution of a claim shall not exceed 30 days from the date of application of the claim itself. Once the period for resolving a claim expires, the consumer has the right to withdraw from the agreement or the right to exchange their product for a new product.
- If the consumer applies its claim involving a product within the first 12 months after purchase, the seller may resolve the claim by rejecting the claim based on a professional assessment; regardless of the outcome of such professional assessment, it may not seek payment of the costs for such professional assessment or any related costs from the consumer. The seller shall provide the consumer with a copy of the professional assessment providing justification for the rejection of the claim within 14 days of the resolution of the claim at the latest. This has no prejudice on the seller’s obligation under Subsection 6.
- If the consumer applies its claim after the initial 12-month period after purchase has expired and if the seller rejects such claim, the person resolving the claim must stipulate the party that the consumer is to send their product to for professional assessment within the claim resolution document. If the product is sent to the party specified for professional assessment, the seller shall cover all costs of professional assessment and other related and reasonably incurred costs regardless of the outcome of such professional assessment. If the consumer proves the seller’s responsibility for a defect through the professional assessment, they may apply their claim again; the warranty period is halted during the period in which the professional assessment is being conducted. The seller shall reimburse the consumer of all costs incurred for professional assessment and all related, and reasonably-incurred costs for professional assessment within 14 days of the re-application of its claim. A claim that is re-applied may not be rejected.
- The period from the time rights under responsibility for defects are applied to the end of the claims procedure is not counted in the warranty period. If a product is replaced with a new product, a new warranty period begins upon its receipt.
- The seller shall issue a written document concerning the resolution of the claim within 30 days from the application of the claim at the latest.
- The buyer has the right to the payment of costs (especially postage) incurred by applying its rights under responsibility for defects and if properly and efficiently incurred.
- This claims procedure was written by the law firm of Lanikova Group, s.r.o. for the operator of the e-commerce website www.motoren.sk, and is protected under Act No. 185/2015 Coll., the Copyright Act, as amended. Any use of this copyrighted work without the consent of the author, including but not limited to copying, publication, modification, dissemination, or otherwise misusing such content is prohibited.
- Legal matters between the buyer and seller not covered by this claims procedure are subject to the provisions of relevant legislation.
- The application of any claims from defects in the merchandise by an entrepreneur is subject to applicable provisions of the Commercial Code.
- This claims procedure is valid and enters into force on 1 August 2018.
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