The warranty period for new goods is 24 months, which runs from the receipt of the goods by the buyer. If a period of use is indicated on the item sold, its packaging or the instructions accompanying it, the warranty period shall not expire before the expiry of this period.
The warranty certificate is issued at the request of the buyer. The proof of purchase is sufficient to make a claim.
If the goods have a defect that can be remedied, the buyer has the right to have it remedied free of charge, in a timely and proper manner. The seller is obliged to remove the defect without undue delay.
However, the buyer should not continue to use the item on which he has found a defect. If the defects occur after the purchase, they must be pointed out without undue delay from the discovery of the defect, but at the latest before the expiry of the warranty period.After the expiry of the warranty period, the right to claim shall cease. Wear and tear characteristic of the material or use is not considered a defect (e.g. wear and tear caused by wear and tear and washing, which naturally changes the appearance of the product). It is not a defect if the nature of the item sold shows that its lifetime is shorter than the guarantee period and if, in the normal course of use of such an item, it is subject to general wear and tear before the guarantee period expires.
Instead of removing the defect, the buyer may require replacement of the item or, if the defect relates only to a part of the item, replacement of the part if this does not incur disproportionate costs for the seller in relation to the price of the goods or the severity of the defect. The seller may always replace the defective item with a faultless one instead of removing the defect, if this does not cause serious inconvenience to the buyer. If there is a defect which cannot be remedied and which prevents the thing from being properly used as a thing without defect, the buyer has the right to have the thing replaced or to withdraw from the contract. The same rights shall apply to the buyer if the defects are remediable, but if the buyer cannot properly use the goods because of the recurrence of the defect after repair or because of a greater number of defects. if there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the item.
Liability for defects shall be exercised at the Seller's registered office. However, if the warranty certificate indicates a warranty service that is at the Seller's location or at a location closer to the Buyer, the Buyer shall exercise the right to repair at the warranty service. The warranty service is obliged to carry out the repair within 14 days at the latest.
If there is a replacement, the warranty period starts again from the receipt of the new item. The same applies if a part that has been warranted is replaced.
The settlement of a complaint means the completion of the complaint procedure by handing over the repaired product, replacing the product, refunding the purchase price of the product, paying a reasonable discount on the price of the product, a written invitation to take over the performance or a reasoned refusal.
When a complaint is made, the Seller shall determine the method of handling the complaint immediately or, in complex cases, no later than 3 working days from the date of the complaint, in justified cases, in particular if a complex technical assessment of the condition of the product or service is required, no later than 14 days from the date of the complaint. Once the method of handling the complaint has been determined, the complaint shall be handled immediately; in justified cases, the complaint may be handled later; however, the handling of the complaint shall not take longer than 14 days from the date of the complaint. After the expiry of the period for processing the complaint, the buyer has the right to withdraw from the contract or to have the product replaced with a new product.
If the Buyer has made a claim for a product within the first 12 months of purchase, the Seller may only reject the claim on the basis of a professional assessment; regardless of the outcome of the professional assessment, the Seller shall not require the Buyer to pay the costs of the professional assessment or any other costs related to the professional assessment. The Seller shall provide the Buyer with a copy of the professional assessment justifying the rejection of the claim within 14 days of the date of settlement of the claim at the latest. If the Buyer has made a claim for the product after 12 months from the date of purchase and the Seller has rejected it, the Seller shall indicate in the document on the handling of the claim to whom the Buyer may send the product for expert assessment. if the product is sent to a designated person for expert assessment, the costs of the expert assessment, as well as any other costs reasonably incurred in connection therewith, shall be borne by the seller regardless of the outcome of the expert assessment. If the buyer proves the seller's liability for the defect by the expert assessment, the buyer may reassert the claim; the warranty period shall not expire while the expert assessment is being carried out. The Seller is obliged to reimburse the Buyer within 14 days from the date of the reasserted claim for all costs incurred for the expert assessment as well as all related costs reasonably incurred.
The Seller is obliged to issue a confirmation to the Buyer when making a claim. If the claim is made by e-mail, the Seller is obliged to deliver the confirmation of the claim to the Buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the proof of the claim; the confirmation of the claim does not have to be delivered if the Buyer has the opportunity to prove the claim in another way.
Return of goods - withdrawal from the contract without giving a reason
The buyer is entitled to withdraw from the contract without giving any reason within 14 days from the date of receipt of the goods.This right can only be exercised by the consumer.
The goods shall be deemed to have been accepted by the Buyer at the time when the Buyer or a third party designated by the Buyer, excluding the carrier, accepts all parts of the ordered goods, or if (a) the goods ordered by the Buyer in a single order are delivered separately, at the time of acceptance of the goods delivered last, (b) the Buyer delivers goods consisting of several parts or pieces, at the time of acceptance of the last part or piece, (c) the Buyer delivers the goods repeatedly during a specified period, at the time of acceptance of the first delivered goods.
The buyer may withdraw from the contract, the subject of which is the delivery of the goods, even before the withdrawal period has started. The buyer may not withdraw from a contract the subject of which is:
- the sale of goods made to the consumer's specific requirements, made-to-measure goods or goods designed specifically for a single consumer,
- the sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery.
The Buyer may exercise the right of withdrawal in writing or on another durable medium (e.g. via email to orders@shantala.sk) or by sending a completed form, available atto this link.
The right of withdrawal can also be exercised by sending a notice of withdrawal on the last day of the 14-day period. Upon receipt of the notice of withdrawal, the Seller shall reimburse the Buyer within 14 days at the latest for all payments received from the Buyer under or in connection with the Contract, including transport, delivery and postage costs and other costs and charges. The Seller shall refund the payment in the same manner as the Buyer used for its payment. the Buyer may also agree with the Seller on another method of refund.
The Seller shall not be obliged to reimburse the Buyer for additional costs if the Buyer has expressly chosen a method of delivery other than the cheapest normal method of delivery offered by the Seller.Additional costs means the difference between the cost of delivery chosen by the Buyer and the cost of the cheapest normal method of delivery offered by the Seller.
Upon withdrawal from the contract, the seller is not obliged to refund the buyer before the goods are delivered to him or until the buyer proves that the goods have been sent back to the seller, unless the seller proposes to collect the goods in person or through a person authorised by him.
The buyer is obliged to send the goods back or hand them over to the seller or a person authorised by the seller to take over the goods within 14 days from the date of withdrawal from the contract at the latest.This time limit is deemed to have been observed if the goods have been handed over for shipment on the last day of the time limit at the latest. In the event of withdrawal from the contract, the buyer shall only bear the costs of returning the goods to the seller or to the person authorised by the seller to take delivery of the goods, as well as the costs of returning the goods which, due to their nature, cannot be returned by post.
The buyer is liable for any diminution in the value of the goods resulting from handling of the goods which goes beyond the handling necessary to establish the characteristics and functionality of the goods.
The buyer has the opportunity to test the functionality of the goods after delivery, but cannot use the goods if he withdraws from the contract. In order to ascertain the nature, characteristics and functionality of the goods, the consumer should only handle and inspect the goods in the same way as he would be able to do in a bricks-and-mortar shop. The buyer is required to handle and inspect the goods with due care during the withdrawal period. For example, purchased clothing should only be tried on but not worn, and the goods should be returned with the original tags or other means of protection or identification.
Alternative dispute resolution
The buyer - the consumer - has the right to contact the seller with a request for redress (for example, via e-mail to info@shantala.sk) if he is not satisfied with the way the seller has handled his complaint or if he believes that the seller has violated his consumer rights. If the Seller responds to this request in a negative manner or fails to respond within 30 days of sending it, the consumer has the right to file a petition for the initiation of alternative dispute resolution with an alternative dispute resolution entity (hereinafter ADR entity) pursuant to Act 391/2015 Coll. ADR entities are authorities and authorised legal persons pursuant to §3 of Act 391/2015 Coll. The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk can be submitted by the consumer in the manner determined pursuant to §12 of Act 391/2015 Coll.
The consumer can also file a complaint through the alternative dispute resolution platform RSO, which is available online at https://ec.europa.eu/consumers/odr/main/index-cfm alternative dispute resolution can only be used by a consumer - a natural person who does not act within the scope of his business, employment or profession when concluding and performing a consumer contract. Alternative dispute resolution applies only to a dispute between a consumer and a seller arising out of or relating to a consumer contract. alternative dispute resolution applies only to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for the initiation of ADR up to a maximum of EUR 5 including VAT.
