Warranty Terms & Conditions
of the www.malinnaproducts.com online shop
I. General provisions
1.1. This Warranty Policy has been issued in compliance with Act no. 40/1964 Coll. Civil Code as amended (hereinafter referred to as “Civil Code”), Act no. 250/2007 Coll. on Consumer Protection as amended (hereinafter referred to as “Act on Consumer Protection”), Act no. 102/2014 on Consumer Protection on the Sale of Goods or Provision of Services based on Distance Contracts and Off-Premises Contract as amended and Act no. 22/2004 Coll. on Electronic Commerce as amended, and regulates the legal relation between the Seller, defined as:
1.2. The Seller
Business name: MALINNA PRODUCTS s. r. o.
Registered seat: Černyševského 10, Bratislava – Petržalka 851 01, Slovakia
IČO / Company Identification Number: 51212820
DIČ / Tax Identification Number: 2120631513
IČ DPH / VAT Identification Number: SK2120631513
Bank account: SK91 7500 0000 0040 2524 8924
The Seller is a VAT /Value Added Tax/ payer
(hereinafter referred to as “Seller”)
and any individual who purchases the goods or services offered by the Seller in the Seller’s online shop (hereinafter also referred to as “E-shop” or “Website”), and who is in the position of a consumer pursuant to other provisions of the General Terms & Conditions and respective acts defining a consumer pursuant to the valid legislation of the Slovak Republic, mainly Act no. 102/2014 on Consumer Protection on the Sale of Goods or Provision of Services based on Distance Contracts and Off-Premises Contract as amended and Act no. 250/2007 Coll. on Consumer Protection as amended (hereinafter referred to as “Customer”).
1.3. Seller’s e-mail and telephone contact:
Email: info@malinnaproducts.com
Tel. no.: +421948 911 719
1.4. Postal address for receiving written matter, including claims, complaints, contract withdrawals, etc.:
MALINNA PRODUCTS s. r. o., Černyševského 10, 85101 Bratislava
1.5. This Warranty Policy provides for the rights and obligations of Customer, who is the consumer, when pursuing a product liability claim pursuant to a distance contract concluded with the Seller via the Seller’s e-shop, www.malinnaproducts.com
1.6. Customer shall be any individual (natural person or corporate body), who sent the order via the electronic order form using the Seller’s website, or via any other tools of distance communication.
1.7. Consumer is a customer, who is a natural person, and who in the process of concluding the contract via the Seller’s e-shop, does not act within the scope of the subject of his or her business activities.
1.8. This Warranty Policy regulates legal relations between Customers, who are consumers, and the Seller.
1.9.
Any legal relations arising from pursuing a product liability claim between the Seller and the Customer, who is a corporate body or a natural person – entrepreneur, acting within the scope of his or her business activities / individuals who are not in the position of a consumer / are regulated by Act no. 513/1991 Coll. Commercial Code as amended.
2. Products (hereinafter also referred to as “Items”) hereby represent any goods or services designated for sale and simultaneously published at the Seller’s e-shop.
II. References
2.1. Any relations arising from the Seller’s liability for defective goods or services, i.e. the product liability, (as well as any other legal relations arising from the contractual relation) with natural persons who when concluding the purchase contract do not act within the scope of their business activities (i.e. consumers), are regulated by general provisions of the Act no. 40/1964 Coll. Civil Code as amended, as well as by any special regulations, mainly Act no. 102/2014 on Consumer Protection on the Sale of Goods or Provision of Services based on Distance Contracts and Off-Premises Contract as amended and Act no. 250/2007 Coll. on Consumer Protection.
2.2. Any legal relations arising from pursuing a product liability claim between the Seller and the Customer, who is a corporate body or a natural person – entrepreneur, who acts within the scope of his or her business activity (i.e. the individuals who are not consumers) are regulated by Act no. 513/1991 Coll. Commercial Code as amended.
2.3. Pursuant to point (n) of Article 3 (1) of the Act no.102/2014 Coll., the Seller hereby informs the consumer on the non-existence of any special relevant Codes of Conduct binding the Seller, while by a Code of Conduct we mean any agreement or set of rules, which restrict behaviour of the Seller who undertook to comply with such Code of Conduct in relation to one or more particular business practices or business industries, provided that these are not stipulated by law or any other legal regulation or measure of a public administration authority, which the Seller undertook to comply with, and on the manner how the consumer may get acquainted with them or obtain their wording.
III. Seller’s product liability (goods and services)
3.1. Seller shall be under obligation to deliver the item (goods) or service in compliance with the concluded purchase contract, i.e. in the required quality, quantity and free of any defects (factual or legal).
3.2. Seller shall be liable for any defects, which the sold item or service has when taken over by the Customer. With the exception of used (i.e. second-hand) items, the Seller shall be liable for any defects, which occur after the item’s take-over within the warranty period (the warranty). We recommend the Customer to pursue the product claim without any unnecessary delay. In case of the used items, the Seller shall not be liable for any defects occurring as a result of the usage or wear & tear. In case of the items sold with a discount, the Seller shall not be liable for the defect, which formed the basis for the discount provided.
3.3. Customer shall be entitled to view the item or service prior to the take-over.
IV. Warranty period
4.1. The warranty period shall be twenty-four (24) months in case of new products and twelve (12) months in case of used products. The warranty period shall run from the date the item or service is taken over by the Customer.
4.1.1. The product liability in case of the products which spoil quickly (hereinafter also referred to as “Products with short expiration”) shall be claimed on the day following the purchase at latest, otherwise the respective rights expire
4.1.2. The warranty period of consumables (such as cosmetics, toiletries, etc.) shall be twenty-four (24) months. However, shall the expiration date be stated on the goods, the warranty period is shortened and the date stated on the goods’ packaging shall apply.
4.1.3. In case of foodstuffs where the minimal expiration (i.e. best before) date is given, the warranty period shall be valid until that date.
4.2. With the exception of the products with short expiration or second-hand products, the Seller shall be liable for any defects occurring following the product’s take-over within the warranty period (the warranty). The warranty period shall be twenty-four (24) months. Shall the sold item, its package or the instruction manual attached be marked with expiration period, the warranty period shall not finish prior to the expiration period.
4.3. In case of used items, the Customer and Seller may also agree on a shorter warranty period, however, not shorter than twelve (12) months.
4.4. In case of items designated for a longer usage, special regulations stipulate a warranty period exceeding the period of twenty-four (24) months. The warranty period exceeding twenty-four (24) months may also apply to a part of the item (hereinafter also referred to as “Spare part”).
4.5. Upon Customer’s request, the Seller shall be obliged to provide the warranty in written form (warranty card). Shall the nature of the item allow it, a receipt card may be issued instead of the warranty card.
4.6. By a declaration in the warranty card or advertising, Seller may provide a warranty exceeding the scope of the warranty pursuant to this act. Seller shall incorporate the terms & conditions and the scope of this warranty in the warranty card.
4.7.. The warranty period shall run from the date the item is taken over by the Customer. Shall the item be put into operation by another person (i.e. not the Seller), the warranty period shall run from the date the item is put into operation, provided that this has been planned and arranged within three (3) weeks from the take-over and the Customer has provided due cooperation in the service performance.
4.8. Shall the Customer not be the consumer, the provisions of the Commercial Code shall apply and the warranty period shall be one (1) year. The warranty period shall run pursuant to the provision of the Article IV (4.1) of the Warranty Policy.
4.9. In case of the product replacement, the warranty period shall run again from the date the new item is taken over.
4.10. In case of the replacement of a part of the new item, where applicable, the warranty period for the replaced part shall run from the date the new item is taken over.
4.11. In case of the items, which are subjects to the warranty period, any product liability claims shall be made within the warranty period, otherwise the respective rights expire.
4.12. The warranty period shall be prolonged for the period when the goods was in the warranty claim process. Any rights related to the product liability regarding the goods subject to the warranty period expire if not pursued within the warranty period.
4.13. Shall the Customer be the consumer, any claims pursued within the warranty period stipulated by the law, are regulated by Act no. 40/1964 Coll. Civil Code as amended and Act no. 250/2007 Coll. on Consumer Protection as amended, taking into consideration any detailing pursuant to this Warranty Policy.
4.14 . In case of the product replacement, the warranty period shall run again from the date when the new item is taken over. The same applies to any replacements of spare parts under warranty.
V. Product liability claim procedure
5.1. Customer shall be entitled to pursue a product liability claim in written at the following address: MALINNA PRODUCTS s. r. o., Černyševského 10, 85101 Bratislava, Slovakia.
Customer may always pursue the product liability claim in person at any Company sites, shall the nature of the item allow it, or at the seat of the Company, or via third persons, such as forwarders, mail order service providers, the Slovak Post Office, etc. We recommend the Customer to always pursue the claim using the respective Claim Form.
The customer is recommended to attach the invoice, warranty card or any other document proving the purchase of the claimed product. It is also recommended to provide a description of the defect and its manifestation.
5.1.1. In order to speed up the claim process, it is recommended to attach a detailed description of the defect and the document proving the purchase of the claimed product in our e-shop (e.g. receipt, invoice, warranty card, etc.) anytime the claim is not made in person.
5.1.2. Customers are recommended to send the claimed product back to the Seller as registered mail. The Seller shall not accept any products sent cash on delivery
5.1.3. Seller shall be obliged to issue a confirmation on the receipt of the claim. In case of the warranty claims made via distance communication means, the Seller shall be obliged to deliver the confirmation on the receipt of the claim immediately; Shall immediate delivery of the confirmation be not possible, it shall be delivered without any further unnecessary delay, however, not later than together with the delivery of the confirmation on the settlement of the claim; the confirmation on the submission of the claim does not have to be delivered shall the consumer have other means to prove the submission of the claim.
5.1.4. Seller shall be obliged to issue a written confirmation on the settlement of the claim not later than thirty (30) days from the day of the submission of the claim, however, not later than together with the confirmation on the settlement of the claim, shall the settlement period run from the date the claim is received by the Seller.
5.2. The settlement of the claim as such shall have no effect on the rights of the consumers for any remedies pursuant to a special regulation.
5.3. Seller shall be obliged to determine the method of the claim settlement pursuant to point (m) Article 2 of the Act no. 250/2007 Coll. as amended (the claim is considered settled when the repaired product is handed over to the customer, the product is replaced, the purchase price is refunded, appropriate discount is provided, written appeal for take-over or justified refusal) immediately, in complicated cases not later than within three (3) work days from the date the claim is submitted, in justified cases, mainly if a complex technical evaluation of the state of the product or service is needed, not later than thirty (30) days from the date the claim is pursued. In case the Seller takes over the subject of the claim later than on the day of the claim submission, the claim settlement period defined herein shall run from the day the subject of the claim is taken over by the Seller; however, not later than the moment when the Seller impedes or makes it impossible to take over the subject of the claim. When the claim settlement period expires, the consumer shall be entitled to withdraw from the contract or to have the claimed product replaced with a new one.
5.4. Shall the consumer pursue the claim within the first twelve (12) months from the purchase, the Seller may deny the claim solely based the professional assessment (i.e. expert opinion); regardless of the result of the professional assessment, under any circumstances shall the consumer be requested to cover the costs of the expert opinion or any other related costs thereof. The Seller shall be obliged to provide the consumer with the copy of the expert opinion justifying the claim denial not later than within fourteen (14) days from the claim settlement date.
5.5. Shall the consumer pursue the claim within the first twelve (12) months from the purchase and the Seller denies it, the person who handled (settled) the claim shall be obliged to issue a document on the claim settlement in which it is determined to whom the consumer may send the product for professional assessment. Shall the product be sent for a professional assessment to the designated person, the costs related to assessment as well as any other related costs are borne by the Seller, regardless of the result of the professional assessment. Shall by the mean of the professional assessment the consumer prove the liability of the Seller for the defect, he or she shall be entitled to pursue the claim again; the warranty period does not run for the period of the professional assessment. The Seller shall be obliged to compensate any costs related to the professional assessment as well as any other costs related, within fourteen (14) days from the re-submission of the claim. The repeatedly pursued claim as specified herein shall not be denied.
5.6. Consumer shall be entitled for the compensation of any necessary costs (mainly the postage paid upon sending the claimed goods back to the Seller), which incurred in relation to the justified product liability claim. In case of withdrawal from the contract due to defective goods or service, consumer shall be also entitled for the compensation of any costs incurred by the moment of the withdrawal.
5.7. The professional assessment (i.e. expert opinion) pursuant to point 5.4 herein shall include the following:
a) identification of the person performing the assessment,
b) exact identification of the assessed product,
c) description of the product’s condition,
d) result of the assessment,
e) date of the issue of the professional assessment.
5.8. Shall the nature of the product allow it, the consumer shall hand over the product to the Seller (designated person) upon the submission of the claim. Shall the nature of the product not allow the delivery of the product to the Seller (designated person), the consumer may request the removal of the defect at the current location of the product or agree with the Seller (designated person) on the means of the transfer of the product.
5.9. The product liability claim period until the moment when the Customer is obliged to take over the repaired product, shall not be included in the warranty period. The Seller is obliged to issue a confirmation on the date when the Customer exercised his or her right as well as on the repairs performed and the repairs duration.
VI. Customer’s rights in the process of the product liability claim
6.1. In case of a defect, which can be removed, the Customer shall be entitled for its free-of-charge, timely and duly removal. The Seller shall be obliged to remove the defect without any unnecessary delay.
6.2. The Customer may request the item to be replaced instead of the defect removal, or shall the defect relate to a part of the item, Customer may request the part to be replaced, provided that no inadequate costs incur to the Seller with respect to the price of the goods or level of the defect.
6.3. As an alternative to the removal of defect, Seller may always replace the defective item with a defect-free item, shall such action not incur serious complications to the Customer.
6.4. In case of a defect which cannot be removed and which impedes the duly usage of the product or service, the Customer shall be entitled for the replacement of the item or may withdraw from the contract. The same rights apply to the Customer in case of the defects, which can be removed but due to repetitive occurrence of the defect after the repair or a higher number of defects, the Customer is unable to use the item duly.
6.5. In case of defects, which cannot be removed, Customer shall be entitled for an adequate discount.
VII. Final provisions
7.1. This Warranty Policy forms and integral part of the General Terms & Conditions and the Privacy Policy of this online shop. The documents – General Terms & Conditions and the Privacy Policy of this online shop are published on the Seller’s website.
7.2. In case of any future modifications made to the Warranty Policy, the relation between the Customer and the Seller is regulated by the Warranty Policy valid and effective as at the date of the conclusion of the purchase contract, and until the moment of its termination.
7.3. This Warranty Policy becomes valid and effective on the date when it is published at the Seller’s e-shop, i.e. on 17 November 2020.