e-shop of ELPRO, s.r.o.

Return policy

1. INTRODUCTORY PROVISIONS:
 
1.1. The company ELPRO, s.r.o., with registered office Napájadla 19, 04012 Košice Slovak Republic (hereinafter referred to as "ELPRO" or the "Seller") issues this complaint procedure (hereinafter referred to as the "Complaint Procedure"), by which it informs the consumer (hereinafter referred to as the "Buyer"), on the conditions and method of claiming goods or services, including data on where the Buyer can apply for a claim, as well as on the performance of warranty repairs of goods, in accordance with the provisions of § 18 of Act. no. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended (hereinafter referred to as the "Consumer Protection Act"), and the relevant provisions of Act. no. 40/1964 Coll. of the Civil Code as amended (hereinafter referred to as the "Civil Code") and Act. no. 102/2014 on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the Seller's premises and on the amendment of certain laws (hereinafter referred to as the "Act on Consumer Protection for Contracts concluded at a distance").
 
1.2. This Complaints Policy applies exclusively to the Buyer who is a consumer. For the purposes of these Complaints Regulations, consumers in accordance with § 2 letter a) The Consumer Protection Act is understood by a natural person who, when concluding and fulfilling a purchase or other consumer contract with the Seller, does not act as part of his business activity, employment or profession (if the buyer provides his identification number (IČO) during the purchase, he is considered a person, which is not a consumer, unless it informs the Seller otherwise).
 
1.3. If the buyer is a person who is not a consumer, liability for defects is governed by the provisions of the purchase contract concluded between the buyer and the Seller, if there is none, by the relevant provisions of Act No. 513/1991 Coll., Commercial Code, as amended.
 
1.4. According to the provisions of § 18 of the Consumer Protection Act, this complaint procedure is placed in a visible and accessible place in all the Seller's sales points and on the Seller's website.

2. RESPONSIBILITY FOR DEFECTS OF THE GOODS SOLD
 
2.1. According to the provisions of § 619 of the Civil Code, the Seller is responsible for defects in the sold goods upon acceptance by the Buyer. In the case of used goods, he is not responsible for defects caused by their use or wear. In the case of goods sold at a lower price, he is not responsible for a defect for which a lower price was negotiated.
 
2.2. If it is not a used product, the Seller is responsible for defects that occur after receiving the product within the warranty period.
 
2.3. At the Buyer's request, the Seller will provide the Buyer with a written guarantee (warranty certificate). If the nature of the matter allows it, it is sufficient if the Seller issues a proof of purchase to the Buyer instead of a warranty certificate.

3. WARRANTY PERIOD
 
3.1. Defects must be reported by the Buyer to the Seller without undue delay.
 
3.2. The Seller provides a warranty for the Goods in accordance with generally binding legal regulations, in particular but not only according to § 619 to § 625 of the Civil Code, for the warranty period established by the relevant legal regulations or for the warranty period specified in the relevant warranty certificate, which, however, is not shorter than the warranty period established by the relevant legal regulations. The general warranty period for goods supplied by the Seller is 24 months according to the provisions of § 620 of the Civil Code. If the period for use is marked on the sold goods, its packaging or the instructions attached to it, the warranty period does not end before the expiry of this period.
 
3.3. In the warranty certificate issued to the Buyer, the Seller may provide a warranty exceeding the scope of the warranty specified in point 3.2, while the conditions and scope of this warranty will be determined in the warranty certificate.
 
3.4. If it is a used product, for example an exhibited sample, the Buyer and the Seller can also agree on a shorter warranty period, but not shorter than 12 months (Section 620(2) of the Civil Code) and the Seller is not responsible for defects caused by their use or wear. Used goods are visibly marked as used by the Seller and information about their shortened warranty period is provided.
 
3.5. Warranty periods start from the day the Buyer takes over the goods. If the purchased goods are to be put into operation by a third party, the warranty period will begin to run only from the day it is put into operation, if the Buyer ordered the commissioning no later than 3 weeks after taking over the goods and provided the cooperation necessary for the performance of the service in a proper and timely manner.
 
3.6. The warranty period does not include the time from the exercise of the right from liability for defects to the time when the Buyer was obliged to take over the goods after the repair. If goods are exchanged for new goods, the new warranty period begins on the day the new goods are received.
 
3.7. Rights from liability for product defects for which the warranty period applies will expire if they were not exercised within the warranty period.

4. PLACE OF COMPLAINTS
 
4.1. Pursuant to the Consumer Protection Act, the Buyer as a consumer may file a complaint at the Seller's point of sale (i.e. at the Seller's establishment), where the receipt of the complaint is possible with respect to the goods sold, or with a designated person pursuant to the Consumer Protection Act; the designated person can handle the complaint only by handing over the repaired goods, otherwise he will forward the complaint to the Seller for processing.
 
4.2. The seller will ensure the presence of a person authorized to handle complaints at the place designated for receiving complaints.
 
5. PROCEDURE OF COMPLAINT PROCEDURE
 
5.1. When making a claim, it is necessary to prove the following facts:

• The buyer purchased the goods from ELPRO and at what price; for this purpose, the Buyer submits a valid document of purchase of the goods with the marked date of purchase of the goods proving the purchase of the claimed goods from the company ELPRO,
• a defect occurred on the goods during the warranty period (and it is not a defect that is not covered by the warranty in accordance with Article 5.8 of these Complaints Regulations or applicable legal regulations); The buyer presents the defective goods at the Seller's point of sale to ELPRO or proves the defect to a designated person - a service technician at an authorized service center,
• in the event that the goods have a longer warranty period than the general one - 24 months, the Buyer must prove that the defect occurred during the warranty period. For this purpose, the Buyer submits a properly and legibly completed warranty card, on which is indicated the date of sale, the type of goods, the stamp of the Seller's point of sale and the signature of the seller. In special cases, when a longer warranty period is known to the Seller, the Buyer may not be required to submit a warranty certificate to prove it.

In case of non-fulfillment of any of the above conditions by the Buyer, the Seller is entitled not to recognize the claim.

5.2. If the Buyer is unable to present a clear proof of purchase and this can be traced by the Seller, the claim begins on the day the proof was found. The buyer is obliged to cooperate in finding the proof of purchase and providing information about the date of purchase, specification of the goods, or other identification data.
 
5.3. If the exercise of liability rights for defects would cause serious problems, especially because the goods cannot be delivered to the place of application of the claim in a normal way or the goods are assembled, the Seller will assess the claim in agreement with the Buyer directly on the spot or in another suitable way. In such a case, the Buyer is obliged to provide the Seller with the necessary cooperation.
 
5.4. If the Buyer makes a claim, the Seller or an employee authorized by him is obliged to inform the Buyer of his rights regarding liability for defects according to the relevant provisions of the Civil Code. Based on the Buyer's decision to exercise these rights, the Seller will determine the method of processing the claim. Dealing with a complaint means ending the complaint procedure in one of the following ways: delivery of repaired goods, exchange of goods, return of the purchase price of the goods, payment of an appropriate discount from the price of the goods, a written request to take over performance or a justified rejection of the complaint.
 
5.5. The method of dealing with the complaint (based on the Buyer's decision on the asserted right from liability for defects) will be determined by the Seller immediately, in complex cases no later than 3 working days from the day of the complaint, in justified cases, especially if a complex technical evaluation of the condition of the goods or service is required, no later than within 30 days from the date of application of the claim.

5.6. After determining the method of processing the claim, the claim is processed immediately, in justified cases, the claim can be processed later. The processing of a claim must not take longer than 30 days from the day of the claim. After the expiration of the deadline for processing the complaint, the Buyer has the right to withdraw from the contract or has the right to exchange the goods for new goods.
 
5.7. The Seller will issue a confirmation to the Buyer when making a claim. If it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with a document on the processing of the claim. The seller shall issue a document confirming the claim no later than 30 days from the date of the claim.
 
5.8. The seller is not responsible for product defects that arise due to the fault of the buyer and if the defect or damage occurred in particular:

• demonstrably incorrect use contrary to the instructions for use (e.g. operation with incorrect supply voltage, connection to unauthorized current sources) or other improper actions by the user, or based on mechanical damage to the goods (e.g. falling, breaking, damage to the outer cover of the goods),
• in case of demonstrably unauthorized interference with the goods,
• if the defect was caused by normal wear and tear,
• if the submitted warranty certificate, proof of purchase of goods or other document proving that the goods were purchased from the Seller bears obvious signs of data changes or if the product has a different production number than the one shown in the warranty certificate or on the proof of purchase of goods ,
• in the case of consumer goods with a specified period of use according to special legal regulations, if such a claim is applied after the expiration of this period,
• during natural disasters.

5.9. In the event that a defect occurs during the warranty period, for which the purchased goods cannot be used properly or can only be used partially, and it is possible to remove this defect, the Buyer has the right to have it repaired free of charge.
 
5.10. Instead of removing the defect, the Buyer may request the replacement of the goods, or if the defect concerns only a part of the goods, the replacement of the part, if this does not cause disproportionate costs to ELPRO in view of the price of the goods or the severity of the defect. In the event of a defect that cannot be removed and that prevents the goods from being properly used as goods without defects and in the cases stipulated by the relevant legal regulation, the Buyer has the right to exchange the goods or has the right to withdraw from the purchase contract. The Buyer has the same rights even if the defects are removable, but the goods cannot be properly used due to the reappearance of the defect after repair or due to a greater number of defects on the purchased goods.
 
5.11. If it is an irreparable defect, but which does not prevent the proper use of the goods, the Buyer has the right to a reasonable discount on the price of the goods. If the Buyer has the right to exchange goods or the right to withdraw from the contract (refund), it depends on the Buyer which of these rights he exercises. However, as soon as he chooses one of these rights, he cannot unilaterally change this choice.
 
5.12. If the Seller does not handle the complaint within 30 days, the Buyer has the same rights as if it were an irreparable defect, i.e. The buyer has the right to withdraw from the contract or has the right to exchange the goods for new goods.
 
5.13. If the Buyer has the right to exchange the goods or withdraw from the contract, it is up to the Buyer which of the rights to exercise with the Seller. After exercising a specific right, he cannot change his claim without the consent of the Seller.

5.14. If the Buyer made a complaint about the goods within the first 12 months from the purchase, the Seller can handle the complaint by rejecting it only on the basis of a professional assessment. Regardless of the result of the expert assessment, the Seller will not require the Buyer to pay the costs of the expert assessment or other costs related to the expert assessment. The Seller shall provide the Buyer with a copy of the expert assessment justifying the rejection of the claim no later than 14 days from the day the claim was processed.
 
5.15. If the Buyer made a complaint about the goods after 12 months from the purchase and the Seller rejected it, the person who dealt with the complaint is obliged to indicate in the complaint handling document to whom the consumer can send the goods for expert assessment. If the goods are sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other related costs, are borne by the Seller, regardless of the result of the expert assessment. Warranties over 24 months are set beyond the scope of the law and the Seller reserves the right to assess the validity of the warranty.
 
5.16. If the Seller gives the Buyer a gift when purchasing the goods, the Seller's liability for defects in the goods does not apply to this. In the event that the Buyer asserts a right to withdraw from the contract, he is also obliged to return any goods that he received as a gift when purchasing the claimed goods.
 
5.17. If defective goods are exchanged for new ones, the warranty period starts from the receipt of the new goods. In the event that a part on the goods has been replaced, the warranty period applicable to this new part will begin to run from the receipt of this new part. The time from the exercise of the right from liability for defects to the time when the Buyer was obliged to take over the goods after the repair is completed is not included in the warranty period. Rights from liability for product defects for which the warranty period applies will expire if they were not exercised within the warranty period.

5.18. The buyer is obliged to pick up the repaired claimed goods within one month from the expiry of the time when the repair should have been or was carried out, and if it was carried out later, within one month from the notification of its execution. If the Buyer does not pick up the repaired goods within six months from the day he was obliged to pick them up, ELPRO has the right to sell the goods, after prior written notice and the futile expiration of an additional period of 14 days, if the Buyer's address is known to ELPRO. If uncollected goods are sold, ELPRO will pay the proceeds of the sale after deducting the costs of the sale and the corresponding storage fee. The Buyer must exercise the right to the proceeds at the Seller's point of sale where the claim was made.
 
6. RESOLUTION OF DISPUTES
 
6.1. If the Buyer is not satisfied with the way in which the Seller handled his complaint or if he believes that the Seller has violated his rights, he has the right to contact the Seller with a request for correction (by e-mail to obchod@esdshop.sk). If the Seller responds negatively to this request or does not respond to it within 30 days of sending it, the consumer has the right to submit a proposal to initiate alternative dispute resolution with the alternative dispute resolution entity (hereinafter referred to as the "ARS entity") pursuant to Act No. 391/2015 Coll. on the alternative resolution of consumer disputes and on the amendment of certain laws (hereinafter referred to as the "Law on ARS").
 
6.2. Alternative dispute resolution refers only to a dispute between the Buyer and the Seller arising from the purchase contract or related to the purchase contract they concluded together.
 
6.3. You can submit a proposal to start an alternative dispute resolution in written form, electronically or orally in the minutes, or use the form that is available on the website of the Ministry of Economy of the Slovak Republic and each ARS entity. The buyer can also file a complaint through the RSO alternative dispute resolution platform, which is available online at:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK
 
6.4. ARS subjects are alternative dispute resolution bodies and authorized legal entities entered in the list according to § 3 of the ARS Act. The list of ARS entities can be found on the website of the Ministry of Economy of the Slovak Republic:
 
https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1
 
If several ARS entities are responsible for alternative dispute resolution, the Buyer has the right to choose which of them to submit a proposal to initiate alternative dispute resolution.
 
7. FINAL PROVISIONS
 
7.1. This Complaints Policy is valid and effective from 1 January 2020. The valid and effective wording of the Complaints Regulations is available to the Buyer on the Seller's website (www.esdshop.sk) and also at each Seller's point of sale.
 
7.2. The seller reserves the right to change the complaint procedure, while respecting the mandatory provisions of the Act on Consumer Protection, the Act on Consumer Protection in Distance Contracts and the Civil Code. The change in the complaint procedure does not apply to the complaint of goods that were purchased during the effectiveness of the complaint procedure on the day of purchase of the goods.
 
In Košice, on January 1, 2020
ELPRO, s.r.o.