Return policy
REFIMA s.r.o.
Registered Office: Bratislavská 205, 916 24 Horná Streda
Company Registration No.: 44 416 920, company registered in the Commercial Register of the District Court Trenčín, File Sro, Insert No. 20753/R
RETURN POLICY
Clause 1
General Provisions
This Return Policy is issued in line with Act No. 40/1964 Coll., the Civil Code as amended (hereinafter as the "Civil Code"), Act No. 250/2007 Coll. on Consumer Protection as amended, Act No. 108/2000 Coll. on Consumer Protection at Doorstep Selling as amended, and Act No. 22/2004 Coll. on Electronic Commerce and change of Act of the Slovak National Council No. 372/1990 Coll. on Misdemeanours as amended (hereinafter as the "Act on Consumer Protection"). In line with Section 18 (1) of the Act on Consumer Protection, the Return Policy shall be located at a visible place, accessible to the Buyer, within the premises of REFIMA s.r.o.
The Seller is REFIMA s.r.o. company, registered office Bratislavská 205, 916 24 Horná Streda, Company Registration No.: 44 416 920, store 916 24 Horná Streda 559, company registered in the Commercial Register of the District Court Trenčín, File Sro, Insert No. 20753/R, Tax Registration No.: 2022689372, VAT Registration No.: SK2022689372 (hereinafter as "REFIMA" or the "Seller"). The Return Policy shall regulate rights and duties of the Buyer, when exercising the rights regarding faults of the goods under the purchase agreement concluded at a distance with the Seller by means of internet commerce.
This Return Policy shall not apply to purchase of the goods by business entities buying the goods within their commercial or other business activities.
Clause 2
Duties of the Seller
The Seller shall be responsible for ensuring stipulated quality, amounts, measures, and weight of the goods at the time of selling. The goods shall be faultless and shall comply with applicable technical standards.
Clause 3
Duties of the Buyer upon Delivering the Goods
The Buyer shall have to refuse the takeover of the delivered goods from the carrier, if such delivered goods are of different type, or in the cases of:
a) delivering the goods not complying with the concluded purchase agreement (differing or damaged goods), or
b) delivering the goods in damaged packaging, or
c) delivering the goods without the respective documents.
In case of delivering the goods to the Buyer under letter a) hereof, the Buyer shall have a right for delivery of the goods free of charge, and without an undue delay according to contracted terms and conditions from the Seller, either by means of an exchange of the goods or their repair. If such a procedure is impossible, the Buyer shall be entitled to request a discount from the purchase price or to rescind from the agreement under the conditions stated below.
Clause 4
Term for Making a Claim
The warranty period for all the goods shall be 24 months, unless REFIMA provides a longer warranty period. A longer warranty period shall normally be marked in the certificate of warranty accompanying the goods. The warranty period for second-hand goods shall be 12 months.
The rights of the Buyer, regarding responsibility for faulty goods with an applicable warranty period, shall be terminated if not claimed within the warranty period.
The Seller or an authorised employee shall decide on a claim immediately, or within three (3) business days in more complex cases. A claim, including fault elimination, has to be carried out without undue delay, however no later than within 30 days following such a claim. After expiration of this term, the Buyer shall have the same rights as if a fault impossible to be eliminated was concerned.
Time from making a claim to time when the Buyer is obliged to take over the goods following their repairs shall not be included in the warranty period, if such a claim was justified and acknowledged. If the goods have been exchanged, the warranty period shall start over following the takeover of any new goods. The same shall apply if a spare part with the provided warranty is exchanged.
Clause 5
Right of the Buyer to Make a Claim
The warranty period for the goods shall start from the date of their delivery and takeover of the goods by the Buyer.
A claim can be made by the Buyer in the REFIMA store. The Buyer shall be obliged to document in a reliable manner that a product was purchased from the Seller. A reliable document shall be an original document on the purchase of a product and/or a duly filled in a certificate of warranty (if it had been issued).
The Buyer shall receive a copy of claim record upon making a claim, which he shall be obliged to show at the time of the claim settlement. If a claim is made by means of remote communication, the Seller shall be obliged to immediately deliver a claim confirmation to the Buyer. If such a confirmation cannot be delivered immediately, it shall be delivered without undue delay, however no later than with a claim settlement record. Claim confirmation does not have to be delivered in case the Buyer has a possibility to demonstrate such a claim in a different way.
Claim shall not be acknowledged in the following cases:
a) if a fault or damage of the goods has occurred due to a demonstrably improper usage of the goods (e.g. usage inconsistent with the user´s manual) or other improper usage by the Buyer or another person;
b) demonstrable unauthorized interference with the goods;
c) if data on a submitted certificate of warranty has demonstrably been changed unlawfully, or if the serial number of the goods differs from the number provided in the certificate of warranty;
d) natural disasters and other external factors inconsistent with the usage of the goods.
If the Buyer has made a claim in relation to the goods over the first 12 months following the purchase, the Seller can reject the claim exclusively on the grounds of professional assessment at the expense of the Seller. If the Buyer has made a claim after the period of 12 months following the purchase and the Seller has rejected it, the person settling such a claim shall be obliged to state in a claim settlement document an entity to which the consumer can send a product for professional assessment. A Claim can be made again if the Buyer demonstrates responsibility of the Seller for a fault on the grounds of professional assessment. The warranty period shall not run during professional assessment conducting.
Clause 6
Rights of the Buyer in Relation to Product Liability
In case of faults occurring during the warranty period, due to which the goods cannot be duly used or only used with limitations, and such faults can be eliminated, the Buyer shall have a right for their elimination free of charge. The Seller can always exchange faulty goods for faultless ones instead of fault elimination.
In case of a fault which cannot be eliminated, and which prevents usage of the goods as faultless goods, the Buyer shall have a right for exchanging the goods or shall have a right to rescind from the agreement. The Buyer shall also have the same rights in case faults can be eliminated, however the goods cannot be duly used due to repeated fault occurrence (at least three times repeated faults) on purchased goods.
In case of an ineliminable fault on the goods, preventing usage of such goods, the Buyer shall be entitled to a discount from the purchase price.
If the goods sold for a lower price, or second-hand goods have a fault which is under the liability of the Seller, the Buyer shall be entitled to an adequate discount instead of the right for exchanging such goods.
In case of second-hand goods, the Seller shall not be liable for faults occurred due to their usage or wear and tear. In case of the goods sold for a lower price, the Seller shall not be liable for a fault due to which such a lower purchase price was agreed.
If the Seller offers to the Buyer further goods as a gift given free of charge with the sold goods at the time of purchasing such goods, it shall be the Buyer´s decision whether he accepts or refuses such a gift. Deed of gift shall be part of the purchase agreement. Its subject matter shall be a gratuitous transfer of such a gift. However, such a gift shall not be sold goods, and the Seller shall therefore not be responsible for its possible faults. Providing the Seller is aware of possible faults of a gift, he shall be obliged to notify the Buyer of such faults at the time of offering such a gift. Providing a gift has faults of which the Seller has not notified the Buyer, the Buyer shall be entitled to return such a gift. If a right of the Buyer to rescind from the purchase agreement arises, the deed of gift, which is part of the purchase agreement, shall also be rescinded from, and the Buyer shall be obliged to return to the Seller everything he received under the agreement, which also means goods received as a gift. It is impossible to rescind from a part of the contract. The purchase agreement has to be rescinded from as a whole.
The Seller shall be obliged to issue a document on a claim settlement in writing no later than 30 days following the claim date.
Upon request of a supervisory body, the Seller shall be obliged to show a copy of the claim acknowledgement confirmation. Reasons for which it is impossible to decide on the manner of the claim settlement immediately, and for which a claim cannot be settled immediately after specifying a manner of anclaim settlement, delivery or results of professional assessment and a copy of claim settlement document.
Clause 7
Cooperation of the Buyer
The Buyer shall be obliged to provide the Seller with any cooperation without undue delay in order to verify the existence of claimed fault and its elimination (including corresponding necessary testing or dismantling of the goods). The Buyer shall also be obliged to deliver the goods clean and in due package upon claim filing.
Clause 8
Takeover of the Goods after Warranty Repair
The Buyer shall be obliged to take over the goods after the warranty repair no later than within one (1) month following the expiration of time when such a warranty repair was supposed to be carried out, and if it was carried out later, within one (1) month following the notification of its execution.
This Return Policy shall be valid from January 1, 2009.
