registered office: Tichá 1965/6, 945 01 Komárno
for sale of goods through an internet shop located at www.julest.sk
(Further only sellers)
1. This Complaint Rules governs the rights and obligations of the parties arising out of the exercise of the liability for defects of goods purchased through an Internet portal operated at www.julest.sk between the seller, ie Julest, sro, with the registered office: Tichá 1965/6, 945 01 Komárno, ID No. 51231999, and buyers of consumers and entrepreneurs.
2. All contractual relationships are governed by the laws of the Slovak Republic, excluding conflicting provisions. If a consumer is a contracting party, relations governed by the Complaint Rules are governed by Act No. 40/1964 Coll. The Civil Code, as amended, and the Act no. 634/1992 Coll. On Consumer Protection, as amended. If the contracting party is not a consumer, the relations governed by the Complaint Regulations are governed by Act no. 89/2012 Coll. Civil Code, as amended.
1. The consumer may make a claim in any way, but we recommend that you make a claim in writing in accordance with the procedure set out in point 2 of this article. In the context of claiming a claim, the consumer is liable to fault the goods and to choose the liability for defects. The Seller shall provide the Consumer with written confirmation of the time the complaint was made, its content, the type of equipment required, the confirmation of the date and the method of handling the claim, including the confirmation of the repair and the time of its duration, or the written justification for the refusal of the complaint.
2. The Buyer is obliged to claim the claim by sending an e-mail with a defect description to the e-mail address: email@example.com. The e-mail subject is need to state "ADVERTISING - FA (number)." As an attachment of the e-mail, you must attach a filled-in form called "Complaint Form" available for download on the Seller's website. mail after sending and receiving all the documents.
3. When claiming a claim, the Consumer or Buyer must show that the claim goods were purchased at the seller. Buyer is required to prove the original of the sales receipt (invoice, purchase contract) for this proof.
1. The case is flawed unless it is handed over to the buyer in the agreed quantity, quality and execution. If the quality and performance are not agreed, the seller fulfills the quality and performance suitable for the purpose apparent from the contract, otherwise for the usual purpose. When determining the quality or conversion according to the agreed sample or original, the quality or the sample must match the sample or pattern. Other mistakes are also considered to be mistakes.
2. In the case of early performance, the seller may remove the defects within the time specified for the transfer of the item. The exercise of its right must not cause disproportionate difficulties or expense. The buyer's right to compensation is therefore not prejudiced.
3. The Buyer or the Consumer shall not be entitled to a defective performance if it is a defect which he / she has been aware of with the usual attention when he / she signs the contract. This does not apply if the seller expressly assures him that the matter is flawless, or that the shot is defective.
4. The Buyer, whether the Consumer will look as soon as possible after passing the danger to the case and convinced of their properties and quantity.
5. If the defective performance is a material breach of contract, the buyer is entitled to:
a. to eliminate the defect by delivering new things without defects or supplying missing items,
b. to remove a defect by repairing things,
c. an appropriate discount on the purchase price, or
d. withdraw from the contract.
6. The Buyer shall inform the Seller of the right he has chosen to report the defect or without undue delay after the defect has been notified. The choice made can not be changed by the buyer without the seller's consent; this is not the case if the buyer has requested a repair of a defect that will prove irreparable. If the seller does not remove the defects within a reasonable time, or if he notifies the buyer that the defects are not removed, the buyer may demand a reasonable discount from the purchase price instead of the defect or may withdraw from the contract. If the buyer does not choose his / her right in time, he / she has the rights as in the case of an insubstantial breach of contract.
7. If the defective performance is a minor breach of contract, the buyer has the right to remove the error or to obtain a reasonable price discount. If the buyer does not exercise the right to a discount from the purchase price or withdraws from the contract, the seller may deliver what is missing or remove the defect. Other defects may be removed by the seller by his / her choice by repairing the item or by supplying a new item; the choice must not cause excessive costs to the buyer. If the seller does not remove the defect in time, or the defect refuses to remove, the buyer may demand a discount from the purchase price or may withdraw from the contract. The buyer can not change the choice without the seller's consent.
8. Upon delivery of a new case, the buyer shall return the goods originally supplied to the seller at his expense.
9. If the buyer fails to notify the defect in good time, he loses the right to withdraw from the contract.
10. If the Buyer fails to notify the defect without undue delay after he / she has been able to ascertain that the Seller has been denied the right to perform the defective performance, In the case of a hidden defect, the same applies if the defect has not been notified without undue delay after the purchaser has been able to ascertain with sufficient care, no later than two years after the transfer. For these effects, the court will only consider the seller's objection that the defect was not notified in time.
11. In the event of a legitimate claim, the buyer is entitled to a refund of the expense incurred in connection with the claim. If the buyer does not exercise the right to a refund within one month after the expiration of the time limit for defect, the court does not accept the right and the seller claims that the right to compensation was not applied in due time.
12. The right to a wrongful act does not exclude the right to compensation, but this can be achieved by exercising the right to a wrongful act, which can not be relied on for any other legal reason.
1. This section governs the rights of erroneous performance in the event that the Buyer is a Consumer and a Buyer who does not act in the course of his business or commercial activity (hereinafter referred to as the "Buyer-Non-Entrepreneur").
2. The seller is liable to the Consumer and the Buyer - non-businessmen, as well as the defects that the goods have at the time of taking over, as well as the defects that occur during the 24-month period (the "warranty period") from the takeover. It is equally responsible for the fact that the thing has the characteristics of the Consumer or the Buyer - the non-entrepreneur named.
3. If requested by the Consumer or Buyer - non-businessman, the Seller shall confirm to him in written form, to what extent and for how long his obligations in the event of a defective performance. The seller has obligations of faulty performance at least to the extent that the obligations of the manufacturer's erroneous fulfillment persist. If necessary, the seller shall explain in a clear and comprehensible manner the content, scope, terms and duration of his liability, and the manner in which rights may be exercised. In the creditor's acknowledgment, it also states that the other purchaser's rights - the non-business buyers are not affected. Failure to comply with these obligations is not detrimental to the validity of the certificate. If this does not prevent the nature of the case, this confirmation may be replaced by a proof of purchase of the item containing the data.
4. Buyer - non-entrepreneur, if the Consumer is not entitled to exercise the right of defect of goods if:
a. for things sold at a lower price for an error for which a lower price has been negotiated
b. the wear and tear of a thing caused by its usual use,
c. in the case of a defect to the extent of use or wear,
what the case had to take over the buyer - non - businessman or
d. if this is due to the nature of the case.
5. The warranty period may be shortened to half the legal time when you purchase the consumer goods already used.
6. If the property does not have the characteristics listed in Article III above. of this Complaint Order, the Consumer or the Buyer-Non-Entrepreneur may also require the supply of a new item without any defects if it is disproportionate to the nature of the defect, but if the defect is only relevant to the matter, the Consumer or the Buyer-Non-Entrepreneur may require only the replacement of the component is possible, can withdraw from the contract. If, however, due to the nature of the defect, it is disproportionate to remove the defect as soon as possible without undue delay, the Consumer or the Buyer - the non-business is entitled to free the defect.
7. The right to supply a new item or to replace a part is a Consumer or Buyer-non-businessman even in the case of a defect that can be remedied if he can not properly use the item for recurrence of a defect after repair or for a greater number of defects. In such a case, the Consumer or the Buyer - non-business owner also has the right to withdraw from the contract.
8. If the Consumer or Buyer does not withdraw from the contract, or if he does not exercise the right to deliver a new item without any defects, to exchange his part or to repair the item, he may request a reasonable discount. The consumer, whether the buyer - the non-entrepreneur, has the right to a reasonable discount even if the seller can not deliver a new thing without defects, replace it or repair it as well as if the seller fails to remedy in due time or that the execution remedies have caused considerable difficulties for the consumer.
9. The Right to Malfunction to the Consumer or the Buyer - Non-entrepreneurs do not belong if the Consumer or Buyer - the non-entrepreneur before taking the case knew that the matter was defective or if the Buyer - the non-business person caused the defect.
1. If the goods are delivered by the carrier with damaged packaging and if the buyer suspects that the goods are being mistaken at the time of taking over, the Purchaser shall make a written record of the goods claim in the place with the carrier.
2. Complaints submitted by the Consumer shall be dealt with without undue delay, but no later than within 30 days from the date of their application, unless the Seller sells with the Consumer for a longer period. A slight expiration of this period is considered a substantial breach of contract. The seller is obliged to issue to the consumer at his / her request a written confirmation of the obligations of faulty performance to the extent stipulated by the law.
3. At the expiration of the warranty period, Seller's liability for defects in goods that have not been exercised by Seller or Buyer within this period expire.