Claims Procedure of Topánky E-shop s. r. o.
with its registered office at Grösslingová 4, 811 09 Bratislava, Slovakia, identification number 35 685 913, registered in the Commercial Register of the Bratislava I District Court, Insert No.: 10594/B, Section Sro (hereinafter referred to as the “Seller“)
These Claims Procedure of the Seller (hereinafter referred to as “CP”) regulates the rights and obligations of data subjects related to the manner and conditions of claiming claims of the Buyer - Consumer resulting from defects of goods purchased through the www.gonovesta.com online shop. The Buyer designated in this CP as the “Buyer“ or “Buyer - Consumer” means the Buyer in the same position as the Consumer; this CP does not regulate liability for defects in relation to the Seller and the Buyer who is not the Consumer. This CP is based on the General Terms and Conditions for the Sale of Goods for Distance Contracts in an Online Shop www.gonovesta.com. This CP shall enter into force on 1 February 2021. Capitalized terms have the meaning given in Art. 1. of the General Terms and Conditions for the Sale of Goods for Distance Contracts in an Online Shop www.gonovesta.com. For liability for defects of goods in the case where the buyer is not a consumer, the applicable legislation resulting from applicable generally binding legal regulations shall apply.
1. Claim Redemption
1.1 The Buyer is obliged to make a claim for liability for defects (hereinafter referred to as the “Claim”) without undue delay after the defects have been detected or could have been detected with the necessary professional care.
1.2 The Buyer is obliged to file a Claim with the Seller in writing as follows:
a) By completing the claim form in Appendix 1 to this CP, or by other document on the claim; By sending a completed claim form/written claim to the address of the Seller: RETURNING goods from EU countries: EXPANDECO - Topánky E-shop s.r.o, Fraňa Kráľa 16, 966 81 Žarnovica, Slovakia, RETURNING goods from Great Britain or Northern Ireland: Zuzana Valla EXPANDECO – NOVESTA, 63B Hardinge Road, TN24 8HB Ashford, Kent, United Kingdom, RETURNING goods from the United States or Canada: IEM Management Ltd. (NOVESTA), 1047 Cornell Avenue, Coquitlam BC, V3J 2Z6 Canada
and/or by email to firstname.lastname@example.org.
b) In the Claim Form or written claim, it shall consistently and truthfully state all the required information and facts that could affect the handling of the Complaint by the Seller and submit a copy of the invoice.
c) The Buyer shall immediately submit/send the goods to the Seller for inspection and verification of the complained defects;
d) The Buyer (at the Seller's request) shall also submit other documents related to the goods and defects claimed (e.g. confirmation of payment of the purchase price for the goods, etc.) and provide all necessary cooperation in handling their Claim.
2. Claim Handling
2.1 The Seller shall handle the received claim as follows:
a) If it is a defect that can be removed - the Buyer has the right to have it removed free of charge, in a timely and proper manner. The Seller is obliged to remove the defect without undue delay.
b) Instead of removing the defect, the Buyer may, if the Seller does not incur disproportionate costs in relation to the price of the goods or the severity of the defect, demand:
1. The exchange of goods;
2. If the defect relates only to the part of the goods – replacement of the part.
c) Instead of removing the defect, the Seller may always replace the defective goods with the defective ones, if this does not cause serious difficulties for the Buyer.
d) If it is a defect that may not be removed and that prevents the goods from being properly used as goods without a defect – the Buyer has the right to exchange the goods or the right to withdraw from the Contract.
e) If they are removable defects of the goods, but the Buyer cannot properly use the goods due to the recurrence of the defect after repair or due to a larger number of defects – the Buyer has the right to replace the goods or has the right to withdraw from the Contract.
f) If they are other irremovable defects of the goods – the Buyer has the right to an appropriate discount on the price of the goods.
g)The Seller shall issue a written confirmation of the Claim redemption and deliver it to the Buyer without undue delay, at the latest with proof of settlement of the claim. The confirmation of the claim redemption does not need to be delivered if the Buyer has the opportunity to prove the claim redemption in a different way.
h) The Seller shall issue a written document confirming the settlement of the Claim within 30 days from the date of Claim redemption, but no later than together with a document confirming the settlement of the Claim, if the period for handling the Claim began to run until the date of receipt of the goods by the Seller.
2.2 The Buyer – the Consumer is obliged to decide on the method of handling his/her Claim, which he/she requires from the Seller, at the latest when sending/submitting a completed Claim Form to the Seller. On the basis of his/her decision, which of the rights he/she exercises, the Seller shall determine the method of settling the Claim – by handing over the repaired goods, replacing them, returning the price, paying an appropriate discount from the price, a written request to take over the performance or its justified rejection without undue delay immediately after redeeming a Claim, in complex cases no later than 3 working days from the date of filing a Complaint, in justified cases, in particular if a complex technical assessment of the status of the goods or the claimed service is required, no later than 30 days from the date of redeeming the Claim. After determining the method of handling the Claim, the Seller shall settle the Claim immediately, in justified cases it may settle the Claim later; however, the settlement of the Claim may not last longer than 30 days from the date of redeeming the Claim. If the takeover of the claimed goods by the Seller occurred at a later date than the date of claim redemption, the deadlines for settling the claim under this paragraph begin to run from the date of takeover of the goods by the Seller; however, no later than from the moment when the Seller precludes or prevents the takeover of the subject of the claim. After the expiry of the period for settling the Claim in vain, the Buyer has the right to withdraw from the Contract or has the right to exchange the goods for a new one.
2.3 In justified cases, the Seller reserves the right to propose a change in the procedure for handling the Claim, of which it shall duly notify the Buyer.
2.4 In the event that the goods have been sent for professional assessment, the warranty period does not expire during the performance of the professional assessment.
2.5 If the Buyer – the Consumer has redeemed a claim within the first 12 months from the purchase, the Seller may settle the claim by rejection only on the basis of professional assessment; regardless of the result of the professional assessment, the Buyer – the Consumer cannot be required to pay the costs of the professional assessment or other costs related to the professional assessment. The Seller is obliged to provide the Buyer – the Consumer with a copy of the professional assessment justifying the rejection of the claim within 14 days from the date of handling the claim. This is without prejudice to the Seller's obligation to issue the Buyer with a proof of settlement of the claim pursuant to point 2.1 (h) of the CP.
2.6 If the Buyer – the Consumer has claimed the goods after 12 months from the purchase and the Seller has rejected it, the person who settled the claim is obliged to indicate in the document on the settlement of the claim to whom the Buyer may send the goods for professional assessment. If the goods are sent for professional assessment to a designated person, the costs of the professional assessment, as well as all other related costs reasonably incurred, shall be borne by the Seller regardless of the result of the professional assessment. If the Buyer proves the Company's liability for the defect through professional assessment, the warranty period does not expire during the performance of the professional assessment. The Seller is obliged to reimburse the Buyer within 14 days from the date of re-filing the claim all costs incurred for the professional assessment, as well as all related expenditures expended efficiently. The reclaimed claim cannot be rejected.
2.7 The Seller reserves the right to replace the irreparable goods or part thereof with similar goods or by returning the price. The Seller is entitled, in the event that the same type of replacement goods is not available, to hand over to the Buyer the replacement goods/performance that meets similar parameters of previously provided goods/performance. In the event that the irreparable goods are not available on the market, the Claim will be settled with adequate compensation or refund of the price in the amount of the adequate compensation determined by the Seller. In such a case, the Seller is entitled to decide whether to settle the Claim with adequate compensation or refund of the price.
3. Final Provisions
3.1 The Buyer has the option Contact the Seller for redress if he/she is not satisfied with the manner in which the Seller has dealt with their claim, or if he/she believes that the Seller has violated their rights. If the Seller responds to this request for redress in a negative manner or fails to respond to it within 30 days from the date of its dispatch at all, the Buyer – the Consumer has the right to submit a proposal to initiate an alternative dispute resolution pursuant to the provisions of Section 12 of Act No. 391/2015 Coll. on the alternative resolution of consumer disputes and amending certain laws. The entity competent for alternative dispute resolution for consumer disputes is the Slovak Trade Inspectorate (or any other legal entity entered in the list of entities of alternative dispute resolution kept by the Ministry of Economy of the Slovak Republic, a list of which is available on the Ministry's website). The Buyer – the Consumer has the right to choose between alternative dispute resolution (ADR) entities. The Buyer – the Consumer can use the online platform available at http://ec.europa.eu/consumers/odr/ to submit a proposal for alternative dispute resolution.
3.2 In relation to the Buyer – the Consumer, to the extent that the provisions of this CP limit or exclude the rights of the Consumer in the exercise of liability for defects within the meaning of the Civil Code, Act No. 250/2007 Coll. on the protection of the consumer and amending Act of the Slovak National Council No. 372/1990 Coll. on offenses, as amended, Act No. 102/2014 Coll. on the protection of the consumer in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the Seller's premises and amending certain laws and related legislation, the provisions of this CP shall not apply and the provisions of this CP shall apply to the rights of the Buyer – the Consumer.
3.3 The Seller reserves the right to change and/or supplement the CP, while the wording of the CP modified by it becomes binding for the Buyer at the time of publication on the Seller's website www.gonovesta.com.
Download the complaint form by clicking HERE.