General provisions and definitions
- The Seller’s Complaints Procedure further develops the Terms and Conditions and regulates the procedure of handling the Buyers complaints regarding the products purchased by the Buyer under the Purchase Contract.
- “Seller” is a business company Kalimba Musical Instrument s.r.o. with its registered office at Horná Lehota 136, 97681 Horná Lehota, Slovak Republic, ID number: 53 782 348, a company registered at the District Court of Banská Bystrica, Insert no. 41319/S, Section: Sro.
- “Buyer” is an entity that has concluded a Purchase Contract with the Seller for the purchase of Seller’s products. The Buyer is a consumer within the meaning of these Complaints Procedure, i.e. is a natural person who does not act within the scope of his business activities, employment or profession, i.e. a person meeting the legal definition of a consumer resulting from the provisions of section 2, subsection letter a), the act no. 250/2007 Coll. Act on Consumer Protection and on the Amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offences as amended.
- This Complaint Procedure was elaborated in accordance with the relevant legislation, in particular the act No. 40/1964 Coll. of the Civil Code as amended, as well as act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and amending certain acts, 250/2007 Coll. of the act on Consumer Protection and on the amendment of the act of the Slovak National Council no. 372/1990 Coll. on offences as amended and applies to the products sold by the Seller (hereinafter referred to as “Products”) and from which the rights of the Buyer arise against the Seller and regulates the liability of the Seller for defects (hereinafter referred to as “Complaints”) and Buyer’s exercise of the Buyer’s consumer rights during the warranty period.
- For the purposes of the handling of the Complaints, the Seller provides his contact details:Mobile phone: (+421) 0917 476 150E-mail email@example.comWebsite: https://bolfkalimbas.sk
- If the Product shows obvious errors, i.e. in particular, if the Product is delivered to the Buyer in a damaged transport package, the Buyer is entitled not to accept the Product. In the case of delivery of the Product by the Seller’s transport partner in damaged packaging, the Buyer shall make a record of this fact with the Seller’s transport partner and sign the so-called damage report. In such a case, the Buyer’s claim to be provided with faultless product from the Seller or to be refunded in regard to the purchase price of the Product. The right to choose actual claim remains to the Buyer.
- The warranty does not cover mechanical damage to the Products by the Buyer (or persons authorized by him), use of the Products in inappropriate, or unsuitable conditions, improper handling, neglect of the Product maintenance, improper installation, improper handling and use of the Product, improper intervention in the Product. The Buyer’s right to free warranty repair also expires in the event of unprofessional installation, unprofessional launching the Product, unprofessional handling with the Product or any unprofessional intervention in the Product during the warranty period by a person other than an authorized person. At the same time, the Seller reserves the right not to refund the purchase price for the Product or not to exchange it for any other Product.
- All warranty repairs are free of charge, if the Buyer’s right to claim the warranty under the previous subsection has not expired.
- The length of the warranty period is governed by the provisions of Act no. 40/1964 Z.z. of the Civil Code, as amended, and lasts 24 months, with the exceptions provided explicitly by this Code. The warranty period starts to lapse from the following moment:
- when the Buyer or a third party empowered by him, with the exception of the transport partner, takes over the Product, in the case of the Purchase Contract, if the subject of the contract is for the delivery of the Products;
- when the Buyer or a third party empowered by him, with the exception of the transport partner, takes over the Product that was delivered last, if the Products in a single order are delivered separately;
- when the Buyer or a third party empowered by him, with the exception of the transport partner, takes over the last part or piece of the Products, if the Product consists of several parts or pieces that are delivered;
- when the Buyer or a third party empowered by him, with the exception of the transport partner, takes over the first delivered Product, if the Products are delivered repeatedly during a defined period.
- The Buyer is entitled to withdraw from the Purchase Contract in all cases stipulated by legislation. Withdrawal is effective against the Seller from the moment when the Seller receives the clear expression of will, mainly written statement of the Buyer on withdrawal from the Purchase Contract. More detailed circumstances of withdrawal from the Purchase Contract are contained in the article X. of the Seller’s Terms and Conditions.
- In the event of withdrawal from the Purchase Contract, the Purchase Contract is cancelled from the beginning and the Seller and the Buyer are obliged to return back everything they have provided to each other on the basic of this Purchase Contract.
- The warranty period for the Products is 24 months, unless there is another warranty period for specific Products. The warranty period runs from the date of receipt of the Products and confirmation of receipt of the necessary documents related to the Product by the Buyer, respectively. person authorized by him. The beginning of this period shall be deemed to be the moment provided for in section II. of the Complaints Procedure.
- If the Buyer is acting as the consumer (in accordance with the provisions of section 1, subsection 3 of these Complaints Rules, the warranty period is in accordance with the provisions of section 620 subsection 1 of act no. 40/1964 Coll. of the Civil Code as amended and lasts 24 months.
- If the Buyer is an entrepreneur, i.e. entities not falling under the definition of the provisions of section 1 of this Complaint Procedure and buys the Product for business purpose, the warranty period is governed by the Seller’s Complaint Procedure in accordance with section 429 subsection 2 of act no. 513/1991 Coll. of the Commercial Code as amended.
- The warranty period is extended by the period during which the Buyer could not use the Product due to warranty repair of the Product.
- In case of exchange of the Product for a new one, the Buyer will receive new documents on which the exchanged Product will be stated. Eventually, any other warranty claims are to be applied on the basis of a new documentation provided with new Product, mainly delivery note. In the case of replacement of the Product, a new warranty period begins to run from the date of receipt of the new Product.
- All warranty repairs applied by law are free of charge.
- Complaints of the Buyer are submitted to the Seller by contacting the Seller via the contact details specified in Section I of these Complaints Procedure.
- In the event that the Buyer exercises his right arising from the warranty and requires the elimination of the defect of the Product by repairing and the Seller in the warranty deed provides for the purpose of the repairs another entity than the Seller, whose seat is in the same place as the seat of the Seller or who has a seat closer than the Seller for the Buyer, the Seller has right to exercise his warranty rights against any of these entities listed on the warranty deed.
- In the event that it is not possible to apply for a warranty repair with an entity other than the Seller, the Seller is obliged to provide the warranty repair personally. On the day of the receipt of the warrant complaint by the Buyer, the Seller issues to the Buyer a document on receipt of the warranty complaint of the Products, in which he precisely marks the defects of the Products in accordance with the provisions of section 18 subsection 5 of the Consumer Protection Act and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offences as amended. After finishing the handling of the warranty complaint, the Seller informs the Buyer and delivers to the Buyer by e-mail or by registered mail a written deed with the outcome of the handling of the warranty claim at latest 30 days from the day of rising of the warranty claim.
- The Seller, or alternatively the subject, which is authorized by him, decides on the warranty claim of the Product immediately, in more complex cases within 3 working days. In justified cases, especially if it the assessment of the state of the Product requires more complex technical assessment of the Product they are obliged to decide within 30 days from the date of the warranty claim. After the expiration of this period, the Buyer has the right to withdraw from the Purchase Contract or has the right to require the Product replacement for a new one.
- The Seller is not liable for defects of the Product, which arise because of the fault of the Buyer and if the defect or damage occurred in particular:
a) demonstrably incorrect use of the Product, contrary to the operating instructions for use of the Product (eg operation with incorrect supply voltage, connection to incorrect power sources) or by improper usage of the Product by the Product user, or due to to mechanical damage to the Product (eg falling, breaking, damaging the outer cover of the Product);
b) in the case of demonstrably unauthorized intervention with the Product and its use contrary to the operating instructions;
c) if the defect was caused by regular wear and tear;
d)if the submitted warranty deed, or proof of purchase of the Product was purchased from the Seller bears obvious signs of changes of data or if the Products bear another serial number that is stated on the proof of purchase;
e) in the case of consumer Products with a specified period of consumption in accordance with special legal regulations, if such a warranty complaint is lodged after this consumption period;
f) in case of natural disasters, natural disasters, violent damage, weather conditions, or operating in extreme and unusual conditions;
g) damage caused by the use of the Product in conditions which do not correspond to appropriate conditions in which the Product shall be used. These inappropriate conditions involve temperature, dust, humidity, chemical and mechanical influences.
- The Seller is obliged to handle the warrant complaint and terminate the Complaint Procedure in one of the following ways:
a) by handing over the repaired Product back to the Buyer;
b) by replacing the Product;
c) by returning the Purchase price of the Product;
d) by providing a reasonable discount from the Purchase price of the Product;
e) by reasoned rejection of the Buyer’s warranty claim.
- In case where the Product needs to be sent to the Seller or service partner empowered by the Seller, the Buyer acts so that the Product is packed in a suitable packaging (if possible in the original packaging) which sufficiently protects the Product and meets the requirements for suitable transport of the Product back to the Seller or service partner of the Seller. The Buyer marks the shipment with appropriate labels.
- If the Products which are subject to the Complaint Procedure are delivered to the Seller by post or transport partner to the registered office of the Seller registered office, it means to the address specified in the header of these Complaints Rules, the responsible person of the Seller will take over this Product and subsequently will check the whole shipment documentation related thereto namely invoice, cash register block, packaging.
- Decisive day for the Buyer for proper exercise of the warranty claims and to consider if the warranty claim was submitted on time is the date of receipt of the Product provided the post office or transport partner. The Seller recommends to insure the shipped Products. The Seller does not accept the Products returned back to him as cash on delivery.
- The Seller’s competent person is liable in the full extend to observe the run of the warranty period set up by the legislation – Consumer Protection Act and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offences as amended and the Act no. 40/1964 Coll. Civil Code as amended and contacting the Seller without any reasonable delay on the handling of the warranty in the period provided by the law, via e-mail, recommended letter or sms message.
- In the case of handling warranty complaints by the service center, the service center shall, after finishing the handling of the warranty complaints, inform the Buyer by telephone, e-mail or in another manner agreed with the Buyer to pick up the repaired Product and the complaint handling protocol or upon mutual agreement, the Product will be delivered together with the delivered delivered to the Buyer by post service, or transport partner of the Seller.
- In the case of a service visit of a technician of the Seller at the Buyer, it is necessary to prepare a service report with indication of the detected faults stating the way of their elimination. Without such a service report of a technician, a visit of a service technician is not considered by the Seller.
- In the event that a defect occurs during the warranty period during which the purchased Product cannot be properly used or can be used only partially, and it is possible to eliminate this defect, the Buyer has the right have it repaired free of charge.
- Instead of eliminating the Product defects, the Buyer may require that replacement of the Product, or if the defect concerns only a particular component of the Product, the replacement of the component, if by providing the replacement does not incur to the Seller disproportionate costs due to the price of the Product or the severity of the defect.
- In the event that it is not possible to remove a defect which causes that the Product cannot be properly used as Product without a defect and in the events provided by the legislation, the Buyer has the right to replacement of the Product or the right to withdraw from the Purchase Contract. The Buyer has the same rights even if the defects can be removed, but if the Product cannot be properly used due to repeated occurrence of the defect after the repair of the Product or due to a large number of defects on the Product. In the event of an irreparable defect, which, however, does not prevent the proper use of the Product, the Buyer is entitled to get reasonable discount from the price of the Product.
- If the Buyer has the right to replacement the Product or the right to withdraw from the Purchase Contract (refund), it is up to the Buyer’s decision which of these rights he will exercise. After choosing the right that the Seller is going to exercise, the Buyer cannot change his claim without previous consent of the Seller.
- The Seller makes public this Complaints Procedure during the process of the sale of the Product. Warranty Conditions are also published on the webpage of Seller’s Internet Store.
- The Seller reserves the right to amend the Complaints Procedure observing the legislation requirements.
- In the parts of these Warranty Conditions which are not explicitly regulated are applicable the relevant provisions of the Seller’s Terms and Condition, or applicable legislation, especially the Act no. 40/1964 Coll. Civil Code as amended or the Act No. 102/2014 Coll. on consumer protection by purchasing the products at distance or providing of the service on the basic of a contract concluded outside of the premises and on the amedment and another acts and Consumer Protection Act and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended.
- These Warranty Conditions enter into power as of August 31, 2021.
Done in Horna Lehota, August 31, 2021.