1. INTRODUCTORY PROVISIONS
1.1. This Return Policy (further referred as “RP“) established by:
Na varte 2B
831 01 Bratislava
Company ID: 50194895
TAX ID: 2120218298
VAT ID: SK2120218298
(hereinafter referred to as the “Seller” or the “Operator”)
has been elaborated in line with the law valid in the Slovak Republic, in particular the Consumer Protection Act (Act No. 250/2007 Coll.), the Minor Offences Act (Act No. 372/1990 Coll.) and the Civil Code (No. 40/1964 Coll.), all inluding their consequent amendments.
1.2. This RP establishes the relationships and the procedures related to the claims proceeding between the Seller listed in the section 1.1. of this RP and the Buyer (hereinafter referred to as the “Buyer” or the “Consumer”).
1.3. This RP is binding for the Seller and the Buyer (Consumer).
1.4. The warranty period of 24 months stipulated by law commences as of the receipt of ordered goods by the Consumer.
1.5. By placing the order the Consumer agrees without exceptions to the actual valid contents of the RP.
1.6. The Seller is obliged to inform the Consumer about the conditions for raising claims, including information on where claims can be raised, and about warranty repairs. The RP has to be placed at a location reachable and visible for the Consumer, in case of the online shop it will be placed at the footer of the website of the Seller at www.bymilash.com.
2. RIGHTS AND DUTIES OF THE SELLER AND THE CONSUMER
2.1. The Consumer can raise the claim in person at the headquarters of the Seller at the address listed in the section 1.1. of this RP by bringing the goods which are subject to claim and hand these over for evaluation within the claim procedure, or send the claim to the Seller via email to the address of the Seller: email@example.com with parallel sending of the goods concerned to the Seller via post.
In both scenarios the Consumer has to present the original of the proof of purchase from the Seller (e.g. a receipt from the Seller’s electronic cash register or the receipt sent by the Seller to the Buyer after crediting the payment for the goods concerned to the Seller’s bank account). The Seller ensures there is a responsible person at the headquarters during the opening hours to take over and handle the claim from the Consumer. After a claim is raised by the Consumer, the Seller or the person authorized by the Seller informs the Consumer about the consumer’s rights according to the Civil Code (No. 40/1964Coll.), and in particular about the provisions described in sections 2.3. and 2.4. of this RP.
2.2. The goods which are subject to claim cannot be sent by the Consumer to the Seller in a form of “Cash on Delivery“.
2.3. Provided the defect on goods which are subject to claim can be repaired, the Consumer has the right to have this defect repaired by the Seller free of charge, in full and without delay. Instead of repairing goods in claim, the Consumer can request to exhange the subjected goods or if the defect is related only to a part of the product, the replacement of this part, unless it causes significant costs to the Seller in comparison with the price of goods or severity of the defect. The Seller can always choose not to repair but to exchange (replace) the goods in claim instead for new goods without defect, unless it represents any obstacles to the Consumer.
2.4. Provided the defect on goods which are subject to claim cannot be repaired and it prevents proper use of the goods, the Consumer has the right to exchange the goods or withdraw from the contract. The same applies if although the defects were repaired, the repeated occurrence of the defects or more defects prevent the consumer from proper use of the goods. In case of other defects which cannot be repaired, the Consumer has the right to request a discount from the purchase price for the goods returned under the claim.
2.5. Damage of goods due to wearing, washing or otherwise changed quality of goods caused by incorrect, improper or non-standard use cannot be considered and accepted as defects and a reason for claims and related request for goods repair, exchange or refund.
2.6. Based on the decision of the Consumer, whose rights described in sections 2.3. and 2.4. of this RP apply, the Seller determines the manner how the claim shall be resolved. After determining the manner of handling the claim, it has to be resolved immediately, in justified cases the claim can be resolved later but not later than within 30 days from raising the claim. After a due time for resolving the claim the consumer has the right to withdraw from the contract or request exchange (replacement) of the goods.
2.7. If requested by the Supervisory authority, the Seller is required to present a copy of the claim receipt from the Consumer, the reasons causing delay to determination of the manner of handling the claim, to resolving the claim without undue delay after determining the manner of its resolution, submission or the results of expert evaluation of the claim or a copy of the claim resolution.
2.8. If the Consumer raised the claim within 12 months from the purchase, the Seller can resolve the claim by refusing the claim only based on expert evaluation of the claim; regardless the result of the expert evaluation the Consumer shall not bear the costs of such evaluation or any related costs. The Seller is required to provide a copy of the expert evaluation of the claim justifying its refusal to the Consumer no later than 14 days from the resolution of the claim. The obligation of the Seller according to section 2.11. of this RP shall not be affected by this duty.
2.9. If the Consumer raised the claim after 12 months from the purchase and the Seller resolved the claim with a refusal of the claim, the Seller is obliged to inform the Consumer in the notice of the claim resolution about the expert contact where the Consumer can send subjected goods for expert evaluation of the claim. Provided the Consumer sends goods for claim evaluation to the expert contact provided, all the costs related to this expert evaluation shall be borne by the Seller, regardless the result of such expert evaluation. If the result of the evaluation proves the responsibility of the Seller for the defect, the Consumer can raise the claim to the Seller again. The warranty period passing during the expert evaluation is not considered and remains intact. The Seller is obliged to refund all the costs incurred by the Consumer for the expert evalution of the claim no later than 14 days from re-raising the claim to the Seller by the Consumer. Re-raised claim cannot be rejected by the Seller.
2.10. The Seller is obliged to issue a confirmation for the Consumer about the raising of the claim. If the claim is raised via email, the Seller is obliged to send the confirmation of receiving the claim to the Consumer instantly, if it is not possible to send the confirmation instantly than it needs to be sent without unnecessary delay, at the latest with sending of the notice of claim resolution. The confirmation for raising the claim doesn’t need to be delivered to the Consumer if the Consumer can prove raising of the claim in another way.
2.11. The Seller is obliged to issue a written notice about the claim resolution within 30 days from raising the claim.
2.12. The Seller is obliged to maintain and keep the evidence of all raised claims and provide it to the Supervisory authority for inspection, if requested. The evidence of the claims needs to contain information about the date of raising the claim, the date and the way of resolution of the claim, and the registration number of the notice on which the claim was raised.
2.13. The provisions described under sections 2.6. through 2.12. of this RP will be applied and used for claims procedure, unless a specific directive stipulates otherwise.
2.14. The rights of the Consumer to claim compensation for damages caused by the defect of the subjected goods after the claim resolution remain intact (can be claimed according to the Act No. 294/1999 Coll. on liability for damage caused by defective products as amended by the Act No. 451/2004 Coll.).
3. FINAL PROVISIONS
3.1. The Seller can modify and update this RP anytime and the new RP shall become effective as of the day of its publishing on www.bymilash.com.
3.2. This RP becomes effective as of October 1, 2016.