WARRANTY CLAIM PROCEDURE
of the energy-pouch.eu online store
I. General provisions
1.1. This warranty claim procedure is issued in accordance with Act No. 40/1964 Zb., the Civil Code, as in force (hereinafter referred to as the “Civil Code”), Act No. 250/2007 Z.z. on the protection of consumers, as in force (hereinafter referred to as the “Consumer Protection Act”), Act No. 102/2014 Z.z. on the protection of consumers in the sale of goods or provision of services based on a distance agreement or an agreement concluded outside the premises of the Seller, as in force, and Act No. 22/2004 Z.z. on electronic commerce, as in force. It regulates the legal relationship between the Seller, which is:
1.2. The Seller:
Business name: Smokeless Future s.r.o.
Registered office: Hlavná 22, Štúrovo 943 01, Slovak Republic
Registered with the District Court of Nitra, Section Sro, Insert No. 56562/N
Company ID: 54415951
Tax ID: 2121655140
VAT number: SK2121655140
Bank Account: SK1311000000002944127198
(hereinafter referred to as the “Seller“) and any person who is a Buyer of goods or services offered by the Seller on the Seller’s website and who acts as a consumer within the meaning of the provisions of the General Business Terms and Conditions published on the Seller’s website, this Warranty Claim Procedure, and relevant acts defining a consumer in accordance with the applicable legislation of the Slovak Republic, in particular the following acts: Act No. 102/2014 Z.z. on the protection of consumers in the sale of goods or provision of services based on a distance agreement or an agreement concluded outside the premises of the Seller, as in force, Act No. 250/2007 Z.z. on the protection of consumers, as amended, and Act No. 40/1964 Z.z., the Civil Code, as in force.
1.3. The Seller’s email and telephone contact details are:
Email: smokelessfuture.sro@gmail.com
Tel. No.: +421948190665
1.4. The Seller’s address for sending documents, warranty claims, agreement withdrawals, etc., is:
Fullpost – SMF, Svätého Štefana 10, 943 01 Štúrovo, Slovak Republic.
1.5. This Warranty Claim Procedure regulates the rights and obligations of the Buyer, who is a consumer, in exercising their rights regarding defects in goods or services in accordance with the concluded distance purchase agreement with the Seller through the Seller’s online store energy-pouch.eu.
1.6. The Buyer is any person (natural or legal) who has entered into a purchase agreement with the Seller through the Seller’s website or other remote communication means.
1.7. The consumer is a Buyer who is a natural person and who, when entering into a purchase agreement through the Seller’s website, does not act within the scope of their business activities.
1.8. This Warranty Claim Procedure governs the legal relationships between the Buyers who are consumers and the Seller, except as stated in section 4.12 of this Warranty Claim Procedure (Declaration of the Seller regarding the warranty period in case the Buyer is not acting as a consumer).
1.9. The products (also referred to as “goods” or “items”) are goods or services intended for sale and are simultaneously published on the Seller’s website.
II. References
2.1. With regard to the liability of the Seller for defects in goods or services (as well as other legal relationships that may arise from the contractual relationship) concerning natural persons who do not act within the scope of their business activities (consumers) when entering into a purchase agreement, in addition to the general provisions of Act No. 40/1964 Zb., the Civil Code, as amended, special regulations shall also apply, in particular Act No. 102/2014 Z.z., on the protection of consumers in the sale of goods or provision of services based on a distance agreement or an agreement concluded outside the premises of the Seller and Act No. 250/2007 Z.z. on the protection of consumers.
2.2. The legal relationships arising from the exercise of rights regarding liability for defects between the Seller and the Buyer who is a legal entity or a natural person conducting business activities (non-consumer individuals) are governed by Act No. 513/1991 Zb., the Commercial Code, as in force, except as stated in section 4.12 of this Warranty Claim Procedure (Declaration of the Seller regarding the warranty period in case the Buyer is not acting as a consumer).
2.3. In accordance with section 3, subsection 1, letter n) of Act No. 102/2014 Z.z., the Seller hereby informs the consumer that there are no specific applicable codes of conduct to which the Seller has committed to adhere. Codes of conduct refer to agreements or sets of rules defining the behavior of the Seller, who has committed to comply with such codes of conduct in relation to one or more specific commercial practices or business sectors, provided that they are not stipulated by law or other legal regulations or measures of public administration authorities that the Seller has committed to comply with, and indicating how consumers can become acquainted with them or obtain their wording.
III. Seller’s liability for product defects (goods and services)
3.1. The Seller is obliged to deliver goods (products) or provide services in compliance with the concluded purchase agreement, i.e., in the required quality, quantity, and free from any defects (factual or legal).
3.2. The Seller is responsible for those defects that the sold goods or services have at the time of delivery to the Buyer. If the goods have not been used, the Seller is liable for defects that appear within the warranty period (guarantee) after the goods have been received. The Seller recommends that the Buyer make a claim of warranty with respect to defective goods or services to the Seller without undue delay. In case of used goods, the Seller is not liable for defects resulting from their use or wear and tear. In case of goods sold at a reduced price, the Seller is not liable for defects because of which the price was reduced.
3.3. The Buyer is entitled to inspect the goods or services before accepting them.
IV. Warranty period
4.1. The warranty periods start running from the date when the goods or services are received by the Buyer. If the purchased goods are to be put into operation by an entrepreneur other than the Seller, the warranty period starts running from the day the goods are put into operation, provided that the Buyer ordered the putting into operation to take place no later than three weeks after receiving the goods and assisted in the performance of the service duly and on time.
4.2. If they are not perishable goods or used goods, the Seller is liable for defects that appear within the warranty period (guarantee) after the goods have been received. The warranty period is 24 months. If there is a specific best before date indicated on the goods, their packaging, or accompanying instructions, the warranty period does not end before the expiration of this period.
4.3. In case of used goods, the Buyer and the Seller may agree on a shorter warranty period, however no less than 12 months.
4.4. Special regulations establish a longer warranty period exceeding 24 months for goods intended to be used for a longer period of time. The extended warranty period may also apply only to certain components of the goods.
4.5. At the Buyer’s request, the Seller is obliged to provide a written warranty (warranty certificate). If the nature of the goods allows it, a purchase receipt may be sufficient instead of a warranty certificate.
4.6. Through the warranty certificate issued to the Buyer or in advertisements, the Seller may provide a warranty that exceeds the scope of the warranty established by the law. The Seller will specify the conditions and scope of this warranty in the warranty certificate.
4.7. The warranty periods start running from the date when the goods are received by the Buyer. If the purchased goods are to be put into operation by an entrepreneur other than the Seller, the warranty period starts running from the day the goods are put into operation, provided that the Buyer ordered the putting into operation to take place no later than three weeks after receiving the goods and assisted in the performance of the service duly and on time.
4.8. If there is a replacement with a new item, the warranty period starts running again from the date of acceptance of the new item.
4.9. If there is a replacement of a part of a new item, as permitted by the nature of the item, the warranty period starts running again from the acceptance of the new item. The same applies if there is a replacement of a component of the item for which a warranty has been provided.
4.10. Rights related to liability for defects in goods, for which a warranty period applies, expire if they are not claimed within the warranty period.
4.11. The warranty period is extended for the duration of time while the warranty claim is handled. Rights related to liability for product defects, for which a warranty period applies, expire if they are not claimed within the warranty period.
4.12. In accordance with section 429, subsection 2 of Act No. 513/1991 Zb., the Commercial Code as in force, the Seller declares that with respect to the warranty period in business relationships between the Seller and the Buyer who is not acting as a consumer, the Seller provides a warranty of quality of the goods and services for a duration of 12 months.
The warranty period starts running in accordance with Article IV, Section 4.1 of this Warranty Claim Procedure.
V. Procedure for asserting rights related to liability for defects (warranty claim)
5.1. The Buyer is entitled to assert their rights related to liability for defects in goods, products, or services at the address: Fullpost – SMF, Svätého Štefana 10, 943 01 Štúrovo, Slovak Republic. The Buyer may always exercise the right to make a claim of warranty in person at any of the Seller’s branches where the acceptance of the warranty claim is possible with regard to the nature of the goods or at the Seller’s headquarters, or through third parties, such as shipping companies, courier services, Slovak Post, etc. The Seller recommends that the Buyer use the Warranty Claim Form to claim warranty. The mentioned form is freely available on the Seller’s website.
When making a claim of warranty, the Seller recommends that the Buyer provide the respective invoice, warranty certificate, or other document proving the purchase of the goods or services from the Seller. The Seller advises the Buyer to describe the defect of the goods or services when making the claim.
5.1.1. If the Buyer makes a claim of warranty with respect to goods or services otherwise than in person, the Seller recommends that the Buyer send the goods along with a detailed description of the defect and the document proving the purchase of the goods from the Seller (such as a payment receipt, invoice, warranty certificate), in order to expedite the warranty claim process.
5.1.2. When making a claim of warranty, the Seller recommends sending the goods by registered mail. The Seller advises against sending the goods by cash on delivery, as this will not be accepted by the Seller.
5.1.3. When claiming warranty, the Seller is obliged to issue a confirmation to the consumer. If the claim is submitted through remote means of communication, the Seller is obliged to deliver the confirmation of the claim immediately; if immediate delivery is not possible, it must be delivered without undue delay, but no later than together with the document regarding the resolution of the claim; the confirmation of the claim does not need to be delivered if the consumer can prove the warranty claim by other means.
5.1.4. The Seller is obliged to issue a written document regarding the resolution of the claim within 30 days from the date of making the claim, however, no later than together with the document regarding the resolution of the claim if the period for its resolution started to run from the date of receiving the subject of the claim by the Seller.
5.1.5. The resolution of the claim refers to the completion of the warranty claim procedure by delivering a repaired product, replacing the product, returning the purchase price of the product, providing a reasonable discount from the price of the product, a written invitation to receive performance, or its justified refusal.
5.2. The consumer’s right to damages under specific regulations is not affected by the resolution of the claim.
5.3. The Seller is obliged to determine the method of resolving the warranty claim according to § 2 letter m) of Act No. 250/2007 Z.z. as amended (the resolution of the warranty claim refers to the completion of the warranty claim procedure by delivering a repaired product, replacing the product, returning the purchase price of the product, providing a reasonable discount from the price of the product, a written invitation to receive performance, or its justified refusal) immediately, and in complex cases no later than 3 working days from the date of making the warranty claim, or in justified cases, especially if complex technical assessment of the condition of the product or service is required, no later than 30 days from the date of submitting the claim. After determining the method of resolving the claim, the claim shall be resolved immediately, and in justified cases, the claim may be resolved later; however, the resolution of the claim must not exceed 30 days from the date of submitting the claim. If the acceptance of the subject of the claim by the Seller occurs on a later day than the day of submitting the claim, the deadlines for resolving the claim according to this paragraph start running from the day of receiving the subject of the claim by the Seller; but no later than from the moment when the Seller prevents or obstructs the acceptance of the subject of the claim. After the expiration of the deadline for resolving the claim, the consumer has a right to withdraw from the contract or to have the product (subject of the claim) replaced with a new product.
5.4. If a consumer makes a warranty claim regarding a product within the first 12 months from the date of purchase, the Seller may reject the claim only based on an expert assessment; regardless of the outcome of the expert assessment, the consumer cannot be required to bear the costs of the expert assessment or any other related expenses. The Seller is obliged to provide the consumer with a copy of the expert assessment justifying the rejection of the claim no later than 14 days from the date of resolving the claim.
5.5. If a consumer makes a warranty claim regarding a product after 12 months from the date of purchase and the Seller rejects it, the person who handled the claim is obliged to specify in the document regarding the resolution of the claim to whom the consumer can send the product for expert assessment. If the product is sent for expert assessment to the designated person, the costs of the expert assessment, as well as all other purposefully incurred expenses related thereto shall be borne by the Seller regardless of the outcome of the expert assessment. If the consumer proves the Seller’s liability for the defect through the expert assessment, the consumer can make the claim again; the warranty period does not run during the expert assessment. The Seller is obliged to reimburse the consumer within 14 days from the date of repeating the claim for all costs incurred for the expert assessment, as well as all related purposefully incurred expenses. The repeated claim cannot be rejected.
5.6. A consumer has a right to reimbursement of necessary expenses (especially postage paid when sending the goods that are subject of claim) incurred in connection with asserting justified rights related to the liability for defects of goods and services. In case of withdrawal from the agreement due to a defect in the item or service, the consumer also has a right to reimbursement of the costs associated with this withdrawal.
5.7. Requirements for the expert assessment within the meaning of section 5.4 of this article:
The expert assessment must include:
a) identification of the person performing the expert assessment,
b) precise identification of the assessed product,
c) description of the condition of the product,
d) result of the assessment,
e) date of the expert assessment
5.8. If the nature of the product allows it, a consumer may deliver the product to the Seller (designated person) when making a claim. If the nature of the product does not allow the delivery of the product to the Seller (designated person), the consumer may request the defect to be remedied at the place where the product is located or agree with the Seller (designated person) on a method of transporting the product.
5.9. The period from asserting the right related to liability for defects until the time when the Buyer was obliged to take over the item after the repair is not included in the warranty period. The Seller is obliged to provide the Buyer with a confirmation of when the right was asserted, as well as information about the repair and its duration.
VI. Rights of the buyer when making a warranty claim
6.1. If a defect can be removed, the Buyer has a right to a free-of-charge, prompt, and proper removal of the defect. The Seller is obliged to remove the defect without undue delay.
6.2. Instead of removing a defect, the Buyer may request replacement of the respective item, or if the defect concerns only a component of the item, the replacement of the component, provided that this does not result in disproportionate costs for the Seller considering the price of the goods or the seriousness of the defect.
6.3. The Seller may always replace the defective item with a defect-free one instead of removing the defect if it does not cause significant difficulties to the Buyer.
6.4. If the defect that cannot be removed and prevents the item from being used properly as if it was defect-free, the Buyer has a right to request replacement of the item or to withdraw from the agreement. The same rights apply to the Buyer if it concerns removable defects but the Buyer cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects.
6.5. If there are other non-removable defects, the Buyer has a right to a reasonable price reduction.
VII. Final provisions
7.1. This Warranty Claim Procedure constitutes an integral part of the General Business Terms and Conditions and the Personal Data Protection Principles and Instructions of this website. The documents – General Business Terms and Conditions, and the Personal Data Protection Principles and Instructions of this website – are published on the domain of the Seller’s website.
7.2. In the event of a change in the Warranty Claim Procedure, the relationship between the Buyer and the Seller is governed by the valid and effective Warranty Claim Procedure at the time of concluding the purchase agreement until its termination.
7.3. This Warranty Claim Procedure becomes valid and effective upon its publication on the Seller’s website on May 25, 2023.
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