7. Rights arising from liability for defects
7.1 Introductory provision on liability for defects
- We undertake to deliver the goods to you in the required quality, quantity and without defects.
- We are responsible for defects that the goods have upon receipt. In the case of used goods, we are not responsible for defects caused by their use or wear. In the case of goods sold at a lower price, we are not responsible for defects for which a lower price was agreed.
- The general warranty period is 24 months. The warranty period begins from the moment you receive the goods.
- If the goods are exchanged, the warranty period will start again from the date of receipt of the new goods by you.
- Your rights under warranty for goods covered by the warranty period will lapse if you do not exercise them within the warranty period. However, you must exercise your rights under warranty for goods that are subject to rapid deterioration no later than the day following purchase, otherwise your rights will lapse.
7.2 We guarantee that during the period of transfer of the risk of accidental destruction and accidental deterioration of the goods according to Article 7 of the conditions, the goods are free from defects, in particular that:
1. It has the properties that we have agreed with you, and if they have not been expressly agreed, then those that we have stated in the description of the goods, or those that can be expected given the nature of the goods;
2. It is suitable for the purposes we have stated or for purposes that are usual for goods of this type;
3. It corresponds to the quality or workmanship of the agreed sample, if the quality or workmanship was determined according to the sample;
4. It is in the appropriate quantity and weight;
5. Meets the requirements imposed on it by specific legal regulations;
6. It is not encumbered by third party rights.
7.3 Conditions for exercising the right to liability for defects (complaints)
- Upon receipt of the goods, you are obliged to carefully inspect and check the goods. In the event of detection of obvious defects (e.g. mechanical damage), you are obliged to file a complaint without undue delay in accordance with point 7.4.1. below. We will not take into account any later complaints due to obvious defects in the goods, including defects consisting in incompleteness of the goods.
- You are obliged to exercise the right to liability for other defects (hidden defects) in the manner specified in point 7.4.1 below without undue delay after you have discovered the defect in the goods, but no later than the expiry of the warranty period.
- The warranty applies only to manufacturing defects of the goods and defects caused by mechanical damage. You cannot exercise the right to liability for defects, in particular, to defects caused by wear and tear, mechanical damage, use of the goods in inappropriate conditions, etc.
- You are not entitled to exercise your right to liability for a defect if you knew about the defect before receiving the goods, or if we notified you of it, or if you were given an appropriate discount on the price of the goods for that reason.
7.4 Exercising liability rights (complaints)
- In the event that the goods have a defect, in particular if any of the conditions under Art. 2 are not met, you can notify us of such a defect and exercise your rights under liability for defects (i.e. claim the goods) by sending an e-mail or letter to our addresses listed in our identification data. You can also use the sample form provided by us for the claim, which forms Annex No. 1 to the conditions.
- In your notification of your claim, please provide a description of the defect in the goods and your identification data, including the e-mail address to which you would like to receive notification of the method of handling the claim, and also indicate which of the liability claims for defects specified in points 7.5.4. to 7.5.8. you are claiming.
- When making a complaint, please also submit to us proof of purchase of the goods (invoice) in order to prove their purchase from us, otherwise we are not obliged to accept your complaint.
- The day of commencement of the complaint procedure is considered to be the day of delivery of the defective goods together with the relevant documents (according to point 7.4.3). If your submission with which you are making a complaint is incomplete (especially illegible, unclear, incomprehensible, does not contain the required documents, etc.), we will request from you in writing, especially by e-mail, to supplement the submitted complaint. In this case, the complaint procedure begins on the day of delivery of your supplemented submission.
- If you do not supplement the submitted complaint pursuant to point 7.4.4. of this article without undue delay, no later than 10 days from the date of delivery of our request pursuant to point 7.4.4. of this article, we will consider your submission to be unfounded.
7.5 Complaint handling
- Based on your decision as to which of the rights under Sections 622 and 623 of Act No. 40/1964 Coll. Civil Code, as amended (hereinafter referred to as the "Civil Code") (specified in points 7.5.4. to 7.5.8.) you are exercising, we will determine the method of handling the complaint immediately, in complex cases no later than 3 working days from the date of your complaint. In justified cases, especially if a complex technical assessment of the condition of the goods is required, no later than 30 days from the date of your complaint.
- After determining the method of handling the complaint, we will handle the complaint immediately, in justified cases we may handle the complaint later; however, the handling of the complaint may not take longer than 30 days from the date of filing the complaint. After the deadline for handling the complaint has expired, you have the right to withdraw from the contract or you have the right to exchange the goods for new goods, if possible.
- We will issue you with a written document regarding the settlement of your complaint no later than 30 days from the date of filing the complaint and will inform you of its settlement via e-mail. If the complaint is accepted, we will send you the repaired goods or exchange the goods for new goods or refund the price paid for the goods, unless we agree otherwise.
- If it is a defect that we can remove, you have the right to have the defect removed free of charge, in a timely manner and properly. We will remove the defect in the goods without undue delay.
- If the defect in the goods cannot be removed and prevents you from using the goods properly as if they were free of defects, you have the right to exchange the goods or withdraw from the contract. You have the same rights if the defects are removable, but you cannot use the goods properly due to the recurrence of the defect after repair or due to a large number of defects.
- If there are other irremovable defects, you are entitled to a reasonable discount on the price of the goods.
- We will handle the complaint by delivering the repaired goods, exchanging the goods, refunding the price of the goods, paying an appropriate discount on the price of the goods, sending a written request to take over the performance (goods) or by justifying the rejection of the complaint.
7.6
The exercise of rights arising from liability for defects and complaints about goods is governed by the provisions of Section 619 et seq. of the Civil Code, Act No. 250/2007 Coll. on Consumer Protection and on amending and supplementing the Act of the Slovak National Council No. 372/1990 Coll. on Offences, as amended (hereinafter referred to as the "Consumer Protection Act"), and Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services Based on a Contract Concluded at a Distance or a Contract Concluded Outside the Seller's Business Premises and on amending and supplementing certain Acts, as amended (hereinafter referred to as the "Consumer Protection Act in Distance Selling").
7.7
If you are an entrepreneur, it is your obligation to report and point out the defect without undue delay after you could have discovered it, but no later than 3 days after receiving the goods.
7.8
If you are a consumer, you have the right to exercise liability rights for defects that occur in consumer goods within 24 months of receipt of the goods.
Annex No. 1 - Claim form
Addressee: kontakt@knxsolution.sk
Filing a complaint
Title, first name and last name:
Residence address:
Email address:
Order and invoice number:
Order date:
Date of receipt of goods:
Goods being complained about (name and code):
Description and extent of defects in the goods:
As a customer of the seller, I request that my complaint be handled in the following manner:
I would like to return the money to my bank account (IBAN)/other method: