I. General provisions
The sellerisresponsible for defects that the sold product has at its taking over by the buyer. At used products, the sellerisnot responsible for defects caused by their use or tear and wear. At products sold for a reduced price, the seller isnot responsible for the defect for which the reduced price has been agreed.
The ownership of the purchased product is transferred to the buyer at the moment of the payment of the purchase price for the goods. In self-service sales,the ownership of the purchased product is transferred to the buyer at the moment of the payment of the purchase price for the goods.
After the taking over the goods,the buyerisobliged to check their quantity, quality and packing and without undue delay to inform the seller on any possible imperfections (§599 of the Commercial Code).
The warranty applies only to the product mentioned in the delivery note and invoice, and coversall defects caused by a material defect, wrong construction or wrong processingfound during the warranty period. The warranty applies tohidden defects on the subject-matter of the delivery but does not apply to defects caused by an unprofessional manipulation with or unprofessional intervention intothe goods after their handing over tothe buyer or his / her representative. Any subsequent damaging the subject-matter of the delivery by scratching etc. is not considered as a hidden defect (§ 619 of the Commercial Code).
Upon acquisition of the ownership right, the risk of accidental downfall, destruction and damage to the product passes to the buyer.
II. Periods to applythe claim
The warrantyof the goodsis 24 months. The warrantystartsto run from the day of the tanking over the goods bythe buyer (§ 621 of the Commercial Code). The warranty periodapplies to products sold in sales or with a discount as well.However, if the discount is provided due to a certain defect of the goods, it will be impossible to claim this defect (§ 619 of the Commercial Code).
If the period of use (expiration period) is mentioned on the goods, on their packing or in theinstruction manual,the warranty periodwill not finish before the end of this period.
If the sold goods are subject to a warranty period longer than 24 months,at the sale of the goods the seller will be obliged to provide the buyer with a certificate of warranty containing the warranty period. The certificate of warrantymust contain terms and range of the warranty.
The buyer must apply the rights from liability for defects within the warranty period, otherwise these rights will expire.
III. Loss of warranty claim
Entitlements resulting from thewarrantywill expire ifthe goodsare:
- damaged by the transport ofthe consumer,
- mechanical damaged by unprofessional manipulation or incorrect storage after the taking over the goods,
- dirty and unprofessionally cleaned,
- damaged by unprofessional intervention intotheir construction,
- degraded by an excessive use,or they have been used for other purpose than usually used,
- damaged by domestic animals, etc...
IV. Place of the claim application
Visible defectsshall be claimed immediately in the seller´s headquarters Farmárik, s.r.o.Bolešov 448, 01853 Bolešov, Slovakia (claim point) by the submitting a receipt of purchase and payment ofthe goods (§18 Section 1 of the Consumer Protection Law,hereinafter referred to as "ZOS").
The sellerisobliged to solve the claim immediately, in complicated cases within 3 working days, and in in reasonable cases within 30 days from the claim applying. § 18 Section 4 of the ZOS: "Ifthe consumerappliesthe claim, the selleror by them authorized employee or other person will be obliged to instruct the consumer about his / her rights in accordance with a general rule. Pursuant to the consumer´s decision which of these rights he / she applies, they will be obliged to define a method how to solve the claimaccording to Section § 2 Letter m) immediately, in complicated cases within 3 working daysfrom the claim applying,and in reasonable cases, particularly when a complicated technical evaluation of the state of the product or service is necessary, at latest 30 days from the claim applying.After the determination of the method of handling the claim,the claim must be solved immediately, in reasonable casesthe claim can be also solved later; however, the claim cannot be solved longer than 30 days from the claim applying. After the expiration of the period for the solving the claim, the consumerhas right to withdraw from the contract or to replace the product".
The claim cannot be solved longer than 30 days (§ 18 Section 4 of the ZOS).
Atthe claim of the goods, the sellerissues a claim protocol in 2 copies; the buyerreceives 1 copy, the seller receives 1 copy as well.
The buyer shall provide the claimed goodsto the claim pointin order to evaluate the reasonof the claim, except unless the sellerhas decided otherwise.
The claim cannot be applied to normal ageing and tear and wear of the product.
V. Unremovable defects
If it is a defect that cannot be removed and which prevents the item from being used properly withoutdefects, the buyer willhave right to replace the product or to withdraw from the contract.
If it is anunremovable defect at which the product can be used, the buyer will havethe right to a reasonable discount. When determining the amount of the reasonable discount, nature of the defects, degree and manner of wear and tear of the item, length of use of the item and possibility of its further use shall beconsidered.