Claim Settlement Regulations
1. These Claim Settlement Regulations are pursuant to the Commercial Code and Civil Code as amended (hereinafter referred to as the “Claim Settlement Regulations”).
2. The products of gooseberry, s.r.o. are products stated in the www.roflmagnets.com e-shop (hereinafter referred to as the “Products”).
3. The Seller (supplier) means gooseberry, s.r.o., with registered office at Jakubovo námestie 14, 811 09 Bratislava, company ID: 44957521, Tax ID: 2022883247, VAT ID: SK2022883247 (hereinafter referred to as the “Seller”).
4. The Buyer (order party, customer) means the entity taking over products directly from the Seller (hereinafter referred to as the “Buyer”).
5. These Claim Settlement Regulations are applicable to Products where liability arising from Product quality warranty has arisen. The Seller´s procedure in the case of the application of liability arising from Product quality warranty shall be governed by these Claim Settlement Regulations.
6. These Claim Settlement Regulations shall be governed by the Commercial Code and the Civil Code as amended, and are an integral part of the contracts, the subject matter of which includes the sale of Products by the Seller to the Buyer, and the Buyer expresses with his/her signing of such contract his/her consent with the Seller´s Claim Settlement Regulations.
1. The Seller is liable for Product defects that arise during the warranty period, under the conditions stated in these Claim Settlement Regulations.
2. The warranty period is 24 months (hereinafter referred to as the “Warranty Period”).
3. The beginning of the Warranty Period shall start from the date of transfer of Product ownership from the Seller to the Buyer.
4. The Buyer is entitled for claims arising from defects related to the warranty, pursuant to point 3.1 of these Claim Settlement Regulations.
Claims arising from defects
3. If any defects related to the warranty arise on Products during the Warranty Period, the Buyer is entitled to file the following claims arising from such defects: a) in the case of any remediable defects of products, the Buyer is only entitled to the remedy of such defects or adequate discount from the price, according to the Seller’s choice. In the case of evidencing that defects can be remedied but at non-acceptable cost, the Buyer is entitled in the case of such defects for claims arising from defects under point 3.1 (b) of these Claim Settlement Regulations. The Seller is the sole body entitled to assess whether defects are remediable in a particular case, and to assess whether the costs associated with such remedy are acceptable. The Seller shall inform the Buyer in writing about the result of such assessment; b) in the case of non-remediable defects of Products, the Buyer has the exclusive right to the delivery of new flawless Products as a replacement for the defective Products, or the right for adequate discount of the Product price or for issuance of a credit note for the defective Product, according to the Seller’s choice. In the case of the issuance of a credit note for the defective Product, the Buyer shall submit to the Seller a copy of the tax document with which this Product was invoiced.
2. The right pursuant to point 3.1 of these Claim Settlement Regulations is conditioned by the notification of defect by the Buyer to the Seller in accordance with these Claim Settlement Regulations, i.e. in a proper and timely manner.
3. The Buyer´s claims arising from Product defects as stated in the provisions of Articles 436 and 437 of the Commercial Code as amended shall not be applied to the contractual relationship between the Seller and the Buyer.
Method of filing a defect-related claim
1. The Seller shall provide a warranty only under the conditions stated in these Claim Settlement Regulations, which must be met collectively (in the case of failure to meet any, the warranty will end without notice):
(a) The Buyer shall inspect delivered Products after taking them over from the Seller or immediately after the delivery of Products by the Seller. The Buyer shall confirm the take-over of Products in writing to the Seller on the delivery notice. If the Buyer took over products from the Seller yet failed to send a written report of Product defects without any delay after taking over the Products, this means the Products were accepted by him/her without any defects;
(b) The Buyer shall file claims arising from defects in the proper and timely manner in accordance with these Claim Settlement Regulations (mainly in accordance with point 4.2 of the Claim Settlement Regulations);
(c) Only persons authorised by the Seller shall intervene with the Product throughout the warranty period (e.g. modifications or repairs);
(d) The Product shall only be used by the Buyer in the usual way and in accordance with its intended purpose;
(e) Maintenance of the Product shall be ensured.
In the case of any doubts, the Buyer shall demonstrate that he/she used the Product in compliance with the conditions stated in point 4.1 forms (a) – (e) of the Claim Settlement Regulations.
2. If any Product warranty-related defect arises during the warranty period, the Buyer shall deliver a written notice to the Seller regarding the Product defects, including a detailed description of the defect or type of defect, and when identified by the Buyer (hereinafter referred to as the “Written Notice”) without delay - at the latest within five days of the Buyer detecting the defect. Failure to observe this deadline or the requirements by the Buyer as per the Written Notice will have the consequences pursuant to the provisions of Article 428 par. 1 of the Commercial Code.
3. The Written Notice shall be performed by the Buyer on the Seller´s form (form of claim) at http://www.roflmagnets.com. In addition to the Written Notice, the Buyer shall send the Seller copies of delivery notes, based on which the Products being claimed against were delivered to the Buyer. Such claim shall not be acknowledged without a Written Notice (form of claim).
4. Should any warranty-related defect affect the Product during the Warranty Period, the Buyer shall not intervene in the Product him/herself, and shall allow the Seller to inspect the Product. For this purpose, the Buyer shall submit the defective Product together with the Written Notice and copies of delivery notes to the Seller or persons through whom the Seller fulfils its obligations, or to allow the Seller or persons through whom the Seller fulfils its obligations unlimited access to the place where the defective product is located.
5. Should the Buyer fail to fulfil the requirements stated in points 4.2 and 4.3 of the Claim Settlement Regulations, the Seller shall not acknowledge his/her claim arising from the defects.
6. The Buyer shall provide the necessary cooperation to the Seller in seeking a remedy for defects.
1. The warranty does not apply to product defects caused by transport, in the case that such transport is provided by the Buyer, or to defects originating from:
- usual wear and tear;
- incorrect use or incorrect storage of the Product;
- breaking the protective seals and adhesive labels on the Product, or removing the Seller´s company ID from the product;
- non-professional intervention, installation, settlement or operation; non-professional intervention also means any inscription on the product with permanent markers;
- the use, location and storage of products under unsuitable conditions related to temperature, humidity and dust;
- incorrect maintenance or negligent maintenance;
- Force Majeure, incorrect or non-professional settlement;
- any behaviour (action or omission) by a third party or the Buyer;
- use of the Product in other than normal usage or contrary to its intended purpose;
- defects caused by mechanical or chemical damage.
The Buyer undertakes to reimburse in full all costs incurred by the Seller as a result of filing an unjustified Claim with the Seller.
Deadlines for claim settlement
1. Product claims shall be settled by the Seller without delay, but at least within 30 days since the Claim was filed in accordance with these Claim Settlement Regulations. The deadline for claim settlement shall start from the date of receiving the claim by the Seller to the date of claim settlement by the Seller.
2. Justification of each claim and assessment of whether the defect can be remedied shall be performed by the Seller’s responsible expert.
3. Claims related to defects shall be filed at:
- Address: Jakubovo námestie 14, 811 09 Bratislava
- Email: firstname.lastname@example.org
4. Returned Products must be sent by registered mail (signature upon delivery). We assume no liability for Products sent but not delivered/lost due to courier negligence during transportation. Therefore we recommend having returned Products insured.
1. These Claim Settlement Regulations shall enter into force on May 1, 2018. All previous versions shall become null and void as of this date.
2. The Seller reserves the right to make changes to the Claims Settlement Regulations.
3. A claim form template can be downloaded at www.roflmagnets.com and comprises an Annex to these Claim Settlement Regulations.