RIGHT TO FILE A WARRANTY CLAIM
If the purchased product is defective, the Buyer has the right to file a warranty claim. For correct assessment, it is necessary for the claimed product to be clean, complete and in compliance with hygiene regulations or general hygienic principles. In addition to the generally known rules, the buyer is also obliged to observe the conditions stipulated for the use of the product in the warranty certificate or in the user’s guide, to use and care for the product in accordance with its intended lifespan.
PLACE AND METHOD OF FILING THE WARRANTY CLAIM
Warranty claims can be filed by e-mail, by mail to ORBISSON,s.r.o., Dubovany 19, 922 09 Dubovany, Slovakia or by phone: +421 949 438 978. The claimed products can be sent by the Slovak Post or via the post room Zásielkovňa (application: https://www.zasielkovna.sk/medzi-nami/) to the address stated above. We recommend that you insure the products. We do not accept products send by the cash on delivery service. The warranty claim must include a written description of the defects that are the subject of the claim and a proof of purchase, a warranty certificate or advice of delivery. One of the listed documents is always sufficient to exercise the rights of liability for defects (warranty claim). The warranty claim must also include the buyer’s contact details as stated: name and surname, residence, e-mail, telephone number and IBAN. The warranty claim procedure begins on the day of fulfilling the following conditions:
a) the delivery of the Notice of Warranty Claim to the Seller,
b) the delivery of the claimed products from the Buyer to the Seller;
The beginning of the claim procedure is also the day of exercising the rights of liability for defects.
PRODUCT RETURN PROCEDURE
If the product does not meet your requirements, you can send it back to us. After returning the package, you will receive a refund according to the attached form. Another product can be purchased only by creating a new order. This form of warranty claim is only available for purchased products and does not apply to products purchased as gifts.
WARRANTY CLAIM PROCEDURE
To return the product, it can be sent undamaged within 14 days. Send it to us at: ORBISSON, s.r.o., Dubovany 19, 922 08 Dubovany, Slovakia.
Add this warranty claim form to your package. After receiving the package, we will refund you as soon as possible.
The seller is responsible for ensuring that the sold product has the properties and quality generally requested by the seller or described by the manufacturer to comply with the requirements of the law, is in specified quantity, and matches the purpose stated by the seller or for which the product is usually used. The seller is responsible for defects that occur during the warranty period after the purchase of the product.
The Seller is not liable for defects in case:
• the buyer caused the defect himself,
• the buyer was aware of the product’s defects before purchase and was granted a discount on the product due to this reason,
• the product had obvious defects and the buyer did not point out these defects during purchase,
• the warranty claim is contrary to the nature of the goods, especially the expiration date of the product, for which a discount was provided,
• the defects arose during the warranty period because of wear and tear of the goods, their incorrect or excessive use, or which arose after the expiration date of the product,
• the defects arose due to unauthorized intervention of the buyer or another person on the product or its part,
• the defective product is a gift that the buyer received free of charge.
A warranty certificate will be issued to the buyer about the received claim, stating the date when the claim was received, what products are claimed, when and where the products were purchased, what the defect is and the price at which the products were purchased. The Seller shall send this certificate to the Buyer without delay by e-mail, or by mail to the address provided by the Buyer in the warranty claim form. If it is not possible to deliver the certificate immediately, it must be delivered without undue delay, but no later than together with the warranty claim confirmation.
If the buyer claims a defect of the product, the seller is obliged to immediately decide about the settlement of the warranty claim, in complex cases within 3 working days from the date of the claim, and in justified cases, especially if a complex technical assessment of the product or service is required, within 30 working days from the date of the claim. After determining the warranty claim method, the warranty claim will be settled immediately, in justified cases, the warranty claim can be settled at a later date, but the handling of the warranty claim may not take longer than 30 days from the date of the claim. However, in case the claimed product is taken over by the seller on a later date than the day of the claim, the period for settling the claim will start on the day when the seller takes over the claimed product.
WARRANTY CLAIM PERIOD
The seller is liable for defects of the product for a 24-month period from receipt of the product by the buyer, if not stated otherwise on the goods, its packaging, or the warranty certificate. If it is a used product, the warranty period is 12 months. This warranty period does not apply to perishable products. In the case of perishable products, the consumer is obliged to exercise the rights of liability for defects no later than the day following the receipt of the goods, otherwise the rights expire. If the product under warranty is repaired, the warranty period extends from the warranty claim time until the consumer is obliged to take over the product after the repair, even if he did not do so. If the product is exchanged for a new one, a new warranty period starts from the date the product was received or sent to the buyer. If the claim for defective goods is filed during the warranty period, the right of liability for the defect expires. The buyer will be informed about the settlement of the warranty claim, personally, by phone or by email. The seller shall issue a written confirmation of the handling of the warranty claim, which contains the consumer’s information, the date when the claim was received, what products were claimed,
when and where the products were purchased, a description of the defect, the date and method of handling the claim:
• in case of acknowledging the validity of the claim and settling the claim by exchanging the defective product for a faultless product or repairing the product, the seller will also send a confirmation of the warranty claim to the consumer together with the new or repaired product to the consumer’s address specified in the warranty claim.
• in other cases, the seller will send a notice of settlement of the warranty claim to the Consumer’s e-mail specified in the warranty claim or a mail.
In the case of defects of products which the consumer claims during the warranty period and in the case these defects are repairable, he has the right to have the defect repaired free of charge, properly and in due time. Instead of eliminating the defect, the seller can always replace the product with a functional one. In the case of defects that cannot be repaired and prevent the proper use of the product, the consumer has the right to exchange the product or has the right to withdraw from the contract and demand a refund of the purchase price. If the defect can be repaired, but due to the recurring defects after repair or due to multiple defects, the consumer cannot properly use the product, he has the right to exchange the product or has the right to withdraw from the contract and demand a refund of the purchase price. The buyer has the same rights as with defects that cannot be repaired, during the repair of faulty products within 30 days of claiming. In the case of irreparable defects that do not prevent the proper usage of the product, the consumer is entitled to an appropriate discount on the product. If a product is sold at a lower price or a used product has a defect for which the seller is responsible, the buyer is entitled to an appropriate discount instead of the right to exchange the item.
In case the products could not be delivered to the buyer after the warranty claim has been settled, the seller is entitled to resell the goods. If the seller acts in accordance with this procedure and the buyer requests the seller to issue the products, the seller shall reimburse the buyer for the amount for which he sold the products, after deducting appropriate costs associated with the storage and sale of products.
ALTERNATIVE RESOLUTION OF CONSUMER DISPUTES
According to Act no. 391/2015 Coll. on alternative dispute resolution for consumer disputes, the consumer has the right to turn to the seller for redress if he is not satisfied with the way in which the seller handled his warranty claim or if he believes that the seller has violated his rights. The consumer has the right to apply for the initiation of alternative dispute resolution to the ADR body if the seller has declined the request or has not replied within 30 days from the date of its receipt. The proposal shall be submitted by the consumer to the relevant ADR body; the possibility of going to court is not affected by this. The aim of this law is to create a new opportunity for consumers to resolve their disputes with the seller quickly, efficiently, less formally and, above all, free of charge, or at a minimal cost. It is a matter of achieving a conciliatory solution, resp. an agreement between the consumer and the seller on the settlement of a dispute, which becomes a binding legal basis after both parties agree with its wording.
The bodies for alternative dispute resolution are by law the Regulatory Office for Network Industries, the Regulatory Authority for Electronic Communications and Postal Services and the Slovak Trade Inspection. Additionally, the Slovak Trade Inspection authority is in the position of the so-called residual entity, which means that it is entitled to settle disputes for which the competence of other bodies is not determined, apart from disputes arising from contracts for the provision of financial services.
In the case of a cross-border dispute, the consumer has the right to contact the European Consumer Centre, which will provide him with a delivery address, an e-mail address or a telephone contact to the ADR body responsible for resolving his dispute.
List of bodies for alternative resolution of consumer disputes: Slovak Trade Inspection, Regulatory Office for Network Industries, Regulatory Authority for Electronic Communications and Postal Services, Consumer Protection Society (S.O.S) Trnava, Banking Ombudsman of the Slovak Banking Association. List of bodies for alternative resolution of consumer disputes can be found on the website of the Ministry of Economy of the Slovak Republic: http: //www.mhsr.sk
Reference to the alternative dispute resolution platform through which the consumer can apply for ADR :