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Úvod Guarantee Policy

Guarantee Policy

29.7.2021
Guarantee Terms and Conditions

Downloadable
 Reklamačný formulár

Guarantee settlement form
Guarantee policy
1. Guarantee period: In accordance with the legislation of the Slovak Republic the standard guarantee period for all the goods purchased under civil relations is 24 months unless the legislation lays down a shorter period for certain types of products. If there is an expiry date on the sold product, its packaging or its user manual, the guarantee period does not expire before the expiry date. 
2. The Seller can extend the lawful period. The extended guarantee period is always stated on the guarantee statement. If there is no guarantee period stated in the guarantee statement, the guarantee period shall be 24 months. 
3. The guarantee period consists of the lawful period (24 months) and extended period, if applicable. Within the lawful guarantee period the guarantee claims are regulated by act 40/1964 Z.z. § 619-627 taking into account this Guarantee Policy. (Within the prolonged guarantee period the guarantee claims are regulated by this Guarantee Policy).
4. If the item has been used, the Seller and the Buyer can agree on a shorter guarantee period, however no shorter than 12 months. If a product is being sold for a discounted price due to the product being defective or incomplete the guarantee does not include the defects that were the reason for the discounted price.
5. For all the products purchased by business customers under a business relation (in accordance with the Commercial Code) the guarantee period established by the Seller is 12 months. 
6. The Seller and the Buyer are to follow the procedure for the exercise of the rights arising from the Seller’s liability for the defects of the products bought via e-shop which are further specified in the Guarantee Policy.
7. The Guarantee Policy follows up and supplements the General Terms of Sale that govern the sales of goods via e-shop on the website.
8. The Consumer (or a business customer) can request a written printed or electronical copy of the Guarantee Policy be sent to a chosen address.
9. The Buyer shall inform themselves about the General Terms of Sale and Guarantee Policy before placing an order of goods. The Buyer confirms that they have informed themselves about the contents of the Guarantee Policy and General Terms of Sale by checking the field before placing an order from the Seller.
10. The Seller issues a receipt (an invoice) for each purchased product as a proof of purchase. If no separate guarantee statement is issued, the receipt (the invoice) shall serve this purpose (hereafter “guarantee statement”).
11. Abovementioned provisions do not apply to the Buyer who is not a Consumer and is purchasing goods for business purposes, not for the purpose of personal use for natural persons; liability for product defects is governed by provisions §422 onwards of Commercial Code. 
12. The Seller processes the consumer guarantee in accordance with the legislation of the Slovak Republic, specifically Act 250/2007 Z.z. as amended, the Civil Code of Slovak Republic and the applicable legislations. 
13. The Seller informs the Buyer before the purchase also about:
• the liability of the Seller for the defects of the products (in accordance with §622-624 of Civil Code – Občiansky zákonník),
• the process of exercising the right and processing a guarantee complaint, a complaint, or a suggestion,
• where can the Buyer claim a guarantee complaint, especially in case the place for handling the guarantee complaints resides at a different address than the headquarters or the business premises of the Seller
• handling of repairs under guarantee (authorized service stations, etc.)
14. Guarantee terms: The Seller is to be liable for the proper quality, quantity, size and weight of the sold product. The product shall be without any defects and correspond to the current technical standards. 
15. The Seller is liable for any defects the sold product has when being taken over by the Buyer and defects detected after taking over the products within the guarantee period.
16. Exceptions to the guarantee
The guarantee does not apply to any defects caused by improper use of the goods or by reason of force majeure, natural disasters, etc. nor to any damages caused as the result of inappropriate use. The guarantee does not apply to damages caused by wrong operation, careless or improper handling, use and installation against the user manual. The guarantee does not apply to damages caused by:
a. mechanical damage of the goods,
b. use of the goods in improper conditions,
c. the goods were damaged by excessive use or use against the conditions stated in the documentation or against the general principals,
d. a non-qualified tampering or change of parameters.
17. The time from the liability claim to the moment when the Buyer must take over the item is not counted into the guarantee period. If the goods were exchanged, the guarantee period shall start again from the day of taking over the new goods.
18. If the Seller offers other goods as a free gift with the sold products to the Buyer, the Buyer is to decide whether or not they accept the gift. A gift is not a sold product and therefore the Seller is not liable for its possible defects. Shall the Buyer’s right of withdrawal from a contract of sales arise (a refund), the customer must return everything they received from the Seller, i.e., also the goods received as a gift. 
19. The guarantee claim is possible:
• at the address: Ing. Jozef Anďal - HT MODEL, Veľká, Na letisko 2714/49, 05801 Poprad, Slovak Republic (it is necessary to prove that the product was bought from the Seller and the guarantee period has not expired yet. The legislation does not regulate the documentation required to prove this. The Seller recommends e.g., a receipt or a guarantee statement.)
• via mail addressed to: Ing. Jozef Anďal - HT MODEL, Veľká, Na letisko 2714/49, 05801 Poprad, Slovak Republic (it is necessary to prove that the product was bought from the Seller and the guarantee period has not expired yet. The legislation does not regulate the documentation required to prove this. The Seller recommends e.g., a receipt or a guarantee statement.)
20. The Seller recommends (but not demands) that the Buyer contacts the Seller via telephone or email before filing a guarantee complaint. The Seller then informs the Buyer about all essential procedural requirements of the guarantee and about the possibility of claiming a guarantee claim and the procedure:
• Telephone: +421(0)52 7768 212
• Email: htmodel@htmodel.sk
21. The Seller hereby informs the Buyer about the possibility to use a guarantee claim form available on the website of the Seller.
22. During the guarantee period the Buyer can request a repair of the defect free of charge after delivering a guarantee claim notice and the product in question including all the accessories to the Seller. When claiming the liability for the defects of the purchased products it is sufficient that the Buyer proves that the product was bought from the Seller and the guarantee period has not yet expired. The legislation does not regulate the documentation required to prove this. According to the Civil Code §620, if the nature of the goods makes it possible, a receipt shall be sufficient, however, the Buyer can request and the Seller is to issue a written guarantee statement. It follows from the above that if the Seller does not describe other properties (in more detail) of the product in the guarantee statement as in the receipt nor offers a longer guarantee period than regulated by law, demanding both a receipt and a guarantee statement when filing a guarantee claim of a defective product is in some cases duplicate – in case the guarantee is claimed from the Seller, not the guarantee service stations. If the consumer claims the right for a repair of the defect or exchange of the defective product for a defect-free, a receipt from an electronic cash register is not required. The Seller cannot deny a guarantee claim if the Consumer proves that the defective product was bought from the Seller and the guarantee period has not expired. 
23. A guarantee for an exchanged item: from the day of taking over a new item a new guarantee period starts.
24. The method of handling a guarantee claim: If the defect can be repaired, the Buyer has the right to have the defect duly repaired free of charge. The Seller is to repair the defect without undue delay. 
25. The Buyer can request an exchange of the item instead of a repair, or if the defect affects only a part of the item, the Buyer can request an exchange of the part unless this generates undue costs to the Seller regarding the price of the goods or seriousness of the defect. 
26. The Seller can always exchange a defective item for a defect-free item instead of repairing a defect unless it causes undue serious difficulties to the Buyer.
27. If the defect cannot be repaired and it inhibits the item from being properly used as a defect-free item, the Seller can request the item to be exchanged or can withdraw from the contract. The same rights apply to the Buyer if the defects can be repaired, however, the Buyer cannot properly use the item due to reoccurrence of the defect after the repair or due to multiple defects.
28. If the defects cannot be repaired the Buyer has the right for an adequate discount from the price of the item. 
29. If the item is being sold for a discounted price or a used item has a defect that the Seller is not liable for, the Buyer has the right for an adequate discount instead of the right to exchange the item. 
30. If the defect cannot be repaired, but it does not inhibit the item from being properly used, the Buyer has the right for an adequate discount.
31. If the Buyer has the right to exchange the goods or withdraw from the contract (get a refund) they can freely choose which one of these rights they want to exercise. The moment they choose one of these rights, they cannot unilaterally change this decision. 
32. If the Consumer places a guarantee claim, the Seller or an employee or an authorized person appointed by the Seller is to inform the Consumer about their above-mentioned rights. 
33. Determination of the method of settlement of a guarantee claim: The consumer chooses which of their rights they want to exercise and the Seller is to determine the method of settlement of a guarantee claim:
a. immediately,
b. in complicated cases within 3 business days from placing a guarantee claim
c. in justified cases, especially if complicated technical evaluation of the goods or services is needed, within 30 days from the day of placing a guarantee claim.
34. The guarantee claim is settled immediately after determining the method of settlement of a guarantee claim; in justified cases even later, however within 30 days from the day of placing a guarantee claim. 
35. In accordance with provision §18 (4) of the Consumer Protection Act the Seller is obliged to settle the guarantee claim within 30 calendar days regardless of the method the Buyer used to purchase the goods.
36. The settlement of a guarantee claim is considered: According to the letter m) of §2 of the Consumer Protection Act a settlement of a guarantee claim is understood as a termination of the guarantee proceedings by handing over a repaired product, an exchange of a product, a refund of the purchase price of the product, a payment of an adequate discount from the purchase price, a written notice to claim a consideration or its justified dismissal. According to §122 (1) of the Civil Code the period measured in terms of days starts from the day that follows the event that determines its beginning.
37. After the expiry of the deadline for the settlement of a guarantee claim the Consumer can withdraw from the contract of sales or can request an exchange of the product for a new one. 
38. Filing a guarantee claim within 12 months from purchase: If the Consumer filed a guarantee claim within first 12 months of the guarantee period the Seller can only deny the guarantee claim based on a professional judgement. Regardless of the result of the professional judgement the Seller cannot demand the Consumer to pay for costs of the professional judgement, nor any other costs related to the professional judgement. The Seller shall provide a written copy of the professional judgement justifying the rejection of the guarantee claim within 14 days from the day the guarantee claim has been filed.
39. Filing a guarantee claim after first 12 months from purchase: If the Consumer filed a guarantee claim after 12 months from purchase and the Seller has rejected it, the person that has rejected the guarantee claim is to state the information on where the Consumer can send the product for professional judgement in the guarantee settlement documentation. If the product has been sent for a professional judgement to an appointed person, the Seller bears all the costs of the professional judgement and costs related to the professional judgement regardless of the result of the professional judgement. Shall the Consumer prove through a professional judgement that the Seller is liable for the defect the Consumer can place a guarantee claim again. While the professional judgement is being underway the guarantee period is suspended. The Seller is to pay the Consumer all properly incurred costs of the professional judgement and costs related to the professional judgement within 14 days from the day the guarantee claim is placed again. The guarantee claim that has been placed again cannot be denied. 
40. Costs related to a professional judgement: If the Consumer sends the product to an appointed authorized person to be evaluated for a professional judgement, the Seller always bears all the properly incurred costs of the professional judgement and costs related to the professional judgement during the whole guarantee period regardless of the result of the professional judgement. However, if the product is sent to other than the appointed person, i.e., an expert or an authorized, notified, or accredited person, the Seller is to pay the costs of professional judgement as well as all the related properly incurred costs to the Consumer only if the professional judgement rules the Seller’s liability for the claimed defect and that is within 14 days from the day the guarantee claim is placed again.
41. A professional judgement shall include
• identification of the person performing the professional judgement,
• exact identification of the product concerned (e.g., serial or factory number),
• description of the condition of the product,
• result of the judgement, 
• date of performing of the professional judgement.

A professional judgement can be performed only by:
• an expert according to act 382/2004 Z. z. Zákon o znalcoch, tlmočníkoch a prekladateľoch (A law on experts, translators, and interpreters).
• An authorized, notified, or accredited person – according to §11(1), §2(1) letter f) and §22(4) of act 264/1999 and §15 of act 90/1998 Z.z.
• An authorized service station (a person authorized by the manufacturer to perform guarantee repairs).

42. The Seller is to issue a proof of guarantee claim for the Customer. A copy of the guarantee protocol is the proof. In this proof shall be stated the contact information of the Seller and the Consumer, a description of the defect and whether the Consumer requests a repair, an exchange, a withdrawal from the contract or a discount from the purchase price depending on the nature of the defect as well as the date of placing a guarantee claim.
43. If the Consumer places a guarantee claim remotely, e.g., telephonically, the Seller is to deliver the proof of guarantee claim to the Consumer as soon as possible, however, at latest with the guarantee receipt. The proof of guarantee claim does not have to be delivered if the Consumer has another possibility to prove placing the guarantee claim, e.g., an email. 
44. The Seller is to issue a written receipt of the guarantee settlement within 30 days from the day of placing the guarantee claim. The written receipt is a copy of the guarantee protocol with the “guarantee claim settlement” field filled in, a written notice specifying the guarantee claim settlement or a text message or an email containing the information about the guarantee claim settlement with a written confirmation if it being sent. 
45. After the settlement of the guarantee claim the guarantee period is extended by a period of time the claim took to be settled. If the guarantee calm has been settled by an exchange of the product, next possible guarantee claim shall be considered the first guarantee claim of the product.
46. Cooperation of the Buyer: The Buyer is to cooperate with the Seller, or the authorized service station, immediately to prove the existence of the claimed defect and its repair (including the adequate needed testing or dissemblance of the product). The Buyer is to also deliver the goods clean and in its proper packaging in accordance with the hygienic requirements or general hygienic rules including all its parts and accessories that enable such testing and repair. 
47. The Buyer is to take over the product from the repair under guarantee within one month from the notice of the completion.
48. No legislation rules that the Seller is obliged to provide a substitute product to the Consumer while the guarantee claim is being settled.
49. A guarantee claim of a business customer:
• In accordance with law 250/2007 a consumer is a natural person who is not purchasing on behalf of a company, their own business activities, or a profession.
• In case of a business customer (not a consumer) this relationship follows the legislation of the Commercial Code, not the Consumer Protection Act nor the Civil Code.
50. The Seller informs the Buyer about the supervising authority, which is the Slovak Trade Inspection (Slovenská obchodná inšpekcia).
51. Slovak Trade Inspection as a supervising authority investigates whether all the legal requirements regarding the guarantee under the Consumer Protection Act have been met, not the merit of the guarantee complaints.
52. Other supervising authorities depending on the character of the goods or services offered via e-shop can also be:
• Government authorities in the field of public health and state veterinary and food administration
• The Department of Public Health of the Slovak Republic and regional public health departments

Information on alternative dispute resolution online (RSO) for e-shop
1. Hereby the Seller informs the customers (the buyers) that act 391/2015 Z.z. about alternative consumer dispute resolution and amendments of some laws enters into force on 1 February 2016. The purpose of this law is to create a new possibility for the consumers to resolve their dispute with the Seller quickly, effectively, less formally and most importantly free of charge, or, with minimal expenses. The purpose is to achieve an amicable resolution, or an agreement between the Consumer and the Seller on the dispute resolution which becomes legally binding after the approval of both parties.
2. The alternative dispute resolution supervising authorities are the Regulatory Office for Network Industries (Úrad pre reguláciu sieťových odvetví), the Electronic Communications and Postal Regulation Authority (Úrad pre reguláciu elektronických komunikácií a poštových služieb) and the Slovak Trade Inspection. The Slovak Trade Inspection is also in position of a so-called residual subject, which means that Slovak Trade Inspection is authorized to also resolve such disputes which do not have other assigned supervising authority except of disputes arising from contracts for the providing of financial services.
3. In accordance with §11 of act 391/2015 about alternative consumer dispute resolution and amendments of some laws, the Consumer has the right to request a rectification if they are not satisfied with the settlement of the guarantee claim or if they suppose that the Seller has violated their rights. In case of a dispute with the Seller, after all the options to resolve the dispute have been exhausted, the Consumer has the right to turn to the alternative dispute resolution subject if the value of the dispute is more than 20€.  This legislation applies to both domestic and cross-border disputes, i.e., disputes between a foreign consumer and a seller on the territory of the Slovak Republic.
4. The alternative dispute resolution subject closes the dispute within 90 days from its start and notifies the claimant about extending the period by 30 days (also repeatedly). 
5. If the Consumer is not satisfied with the method of the settlement of their guarantee claim or their rights have been violated in other way by the Seller, the consumer has the right to place a complaint to the relevant authority. This does not exclude the possibility to resolve a dispute before the court of law. To ensure the dispute resolution runs smoothly, the Seller is obliged by the law to cooperate
6. The alternative dispute supervising authority
The Slovak Trade Inspection, Central Inspectorate, International relations and alternative consumer dispute resolution division, Bajkalská 21/A, P.O.Box č.29, 827 99 Bratislava 27, SR.
web: http://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi
email: ars@soi.skadr@soi.sk
7. The complaint can be placed by a method in accordance with §12 of act 391/2015 Z.z. on alternative consumer dispute resolution and amendments of some laws and also electronically via the online dispute resolution platform (RSO) on the website https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks
8. Alternative dispute resolution is allowed only for natural person consumers, not for buying businesses. The dispute resolution is between a consumer and a seller who concluded a distance contract and whose dispute has a value over 20€.
9. The Seller hereby informs the buyers about the possibility to place individual requests, suggestions, claims and attempts to prevent disputes electronically on the email address: htmodel@htmodel.sk

Downloadable: Guarantee settlement form

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