Claims

 

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Claim terms

For filing a claim with the Seller, which is the company iFIX s.r.o.

Claim terms (responsibility for defects, warranty and claims)

8.1. If the defect in goods, can be removed, the consumer has a right, for it to be removed free of charge, on time and in a proper manner. The Seller is obliged to remove the defect without undue delay.

8.2. The Consumer may, instead of removal of the defect, request an exchange of the goods, or if the defect concerns only part of the goods, exchange of the part, if it does not cause the Seller disproportionate costs considering the price of the goods or severity of the defect.

8.3. The Seller may instead of removing the damage, exchange the defective goods for goods without a defect, if it does not cause the Consumer serious difficulties.

8.4. If the defect in goods, can not be removed, or which obstructs the proper use of the goods as without a defect, the Consumer has a right for an exchange of goods or a right to withdraw from the purchase agreement. The same rights apply to the Consumer, if the defect is removable, but the Consumer can not properly use the goods due to reoccurrence of the defect after repair or due to a number of defects.

8.5. If other, irremovable defects occur, the Consumer has a right for a proportionate discount from the price of the goods.

8.6. The Seller has briefed the Consumer on his rights, pursuant to the provision § 622 of the Civil Code (point 8.1. to 8.3 of these terms and conditions) and rights pursuant to the provision § 623 of the Civil Code (point 8.4. to 8.5. of these terms and conditions) by placing these terms and conditions on a respective sub-page of the Seller’s e-commerce website and the Consumer had an opportunity to read them before submitting the order.

8.7. The Seller is responsible for all the damages in goods in the meaning of valid regulation of SR and the Consumer is obliged to file a claim with the Seller or designated person. Information on designated persons and service places for warranty and post-warranty service tasks are stated on the back page of the warranty confirmation, or provided by the Seller to the Consumer upon request by phone or email.

8.8 Claim handling is covered by the Seller's valid claim policy, therefore Article 8 of these Terms and Conditions. The Consumer was properly informed about the claim conditions and informed about the terms and manner of filing a claim of the goods, including the details of where the claim can be lodged, and of performing warranty repairs pursuant to the provision § 18 section 1 of Act no. 250/2007 Z.z. on Consumer Protection and on Amending the Act of the Slovak National Council no. 372/1990 Coll. (hereinafter referred to as the "Act") at the time before concluding the purchase contract by placing these terms and conditions on the respective sub-page of the Seller’s e-commerce website and the Consumer had the opportunity to read them before submitting the order.

8.9 The Claim Rules apply to the goods purchased by the Consumer from the Seller in the form of an e-commerce on the Seller's e-commerce website.

8.10. The Consumer has the right to claim liability for the defect in goods with the Seller only for goods which have a defect for which the manufacturer, supplier or the Seller is responsible, which are covered by the warranty, and purchased from the Seller.

8.11. If the goods show a defect, the Consumer has the right to lodge in a claim at the Seller's premises pursuant to provision § 18 section (2) of the Act by delivering the goods to the Seller's premises and delivering manifestation of the Consumer's will to exercise his right under points 8.1. to 8.5. of these Terms and Conditions to the Seller, (hereinafter referred to as "Notice of Claiming"), e.g. in the form of a completed claim form, which is placed on the respective sub-page of Seller's e-commerce website. The Seller recommends insure the goods before shipping. The Seller does not accept cash on delivery consignments. The Consumer is bound to include all the required information in the Claim Notice, in particular to specify the type and extent of the defect of the goods; the Consumer shall also indicate which of his rights of provision § 622 and § 633 of the Civil Code is he invoking. The Consumer has the right to file a claim also to the person authorized by the manufacturer of the goods to perform warranty repairs (hereinafter referred to as the "designated person"). The list of designated persons is listed in the warranty certificate or is sent to the Consumer upon request, by the Seller.

8.12. A claim concerning goods that can be delivered to the Seller begins on the day that all the following conditions are cumulatively met:

The delivery of the Claim Notice to the Seller,

delivery of the goods claimed by the Consumer to the Seller or designated person,

delivery of access codes, passwords, etc. of the claimed goods to the Seller, if such data are necessary for the proper handling of the claim;

8.13. If the subject of the claim is a product that can not be objectively delivered to the Seller or which is firmly built-in, the Consumer is, in addition to fulfilling the conditions under points 8.12 (a) and (c) of these Terms and Conditions, obligated to provide all necessary assistance to the Seller or a third person designated by the Seller to perform the inspection of the claimed goods. A claim concerning goods that can not be delivered to the Seller objectively or are firmly built-in begins on the day the goods were inspected in accordance with the first sentence. However, if the Seller or a third party designated by him, despite the necessary cooperation provided by the Consumer, fails to arrange for the inspection to take place within a reasonable time, but no later than within 10 days of delivery of the Claim Notice to the Seller, the claim proceeding shall commence on the date of delivery of the Claim Notice to the Seller.

8.14. The Seller or designated person issues to the Consumer a confirmation of the claim of the goods, in an appropriate form chosen by the Seller, for example in the form of a e-mail or in a written form, in which he is obliged to accurately identify the claimed defects of the goods and once again, inform the Consumer of his rights under Section 8.1. to 8.3. of these Terms and Conditions (Provision § 622 of the Civil Code) and of the rights resulting from paragraph 8.4. to 8.5. of these Terms and Conditions (Provision § 623 of the Civil Code). If a claim is lodged by means of remote communication, the Seller must deliver the claim confirmation to the Consumer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest with the confirmation of settled claim; the claim confirmation does not have to be delivered if the Consumer is able to prove the claim in another way.

8.15. The Consumer is entitled to decide which of his rights pursuant to the provision § 622 and provision § 623 of the Civil Code he invokes, and at the same time he is obliged to immediately inform the Seller of his decision. On the basis of the Consumer's decision, which of his rights under provision § 622 and provision § 623 of the Civil Code he invokes, the Seller or the designated person is obliged to determine the method of handling the claim according to provision § 2 m) of the Act immediately, in more complex cases within 3 days from the beginning of the claim procedure, in justified cases, especially if a complex technical evaluation of the condition of the goods is required within 30 days from the day of commencement of the claim procedure. After determining the way of handling the claim, the Seller or designated person will settle the claim immediately, in justified cases, the claim may be settled later. However, the claim may not be settled later than 30 days from the date of lodging the claim. After the expiration of the deadline for handling the claim, the Consumer has the right to withdraw from the purchase contract or has the right to exchange goods for new goods.

8.16. If the Consumer has filed a claim within the first 12 months from concluding the purchase contract, the Seller may handle the claim by refusing on the basis of an expert's opinion or opinion issued by an authorized, notified or accredited person or opinion of the designated person (hereinafter referred to as "professional assessment of goods"). Notwithstanding the outcome of the professional assessment of goods, the Seller can not demand the Consumer to pay for the cost associated with the professional assessment of goods or other costs related to the professional assessment of goods.

8.17 If the Consumer has filed a claim of the product after 12 months since the purchase agreement has been concluded and the Seller has rejected it, the person who handled the claim is obliged to indicate in the receipt of handling the claim to whom the Consumer can send the goods for professional assessment. If the Consumer sends the goods for professional assessment to the designated person listed in the receipt of handling the claim, the costs of the professional assessment of the goods, as well as all other related expense incurred shall be borne by the Seller irrespective of the outcome of the expert judgment. If the Consumer, by professional assessment of goods, demonstrates the Seller's liability for the defect of product, he may resubmit the claim; the warranty period does not elapse during the time of preforming the professional assessment of goods. The Seller is obliged to pay to the Consumer within 14 days of the day of the resubmitted claim all costs incurred for the professional assessment of goods, as well as all the related expenses. The resubmitted claim can not be denied.

8.18. The Consumer has no right to exercise the right of liability for defects of which he has been notified by the Seller at the time of concluding the purchase agreement or of which, taking into account the circumstances under which the purchase contract was concluded, the Consumer had to be aware of.

8.19 The Seller reserves the right to replace defective goods for other goods which are without defect, with the same or better technical parameters unless it would cause serious difficulties to the Consumer.

8.20 The Seller is not responsible for defects in goods:

  • If the Consumer has not exercised his right appertaining to the Sellers’ liability for defects in goods by the end of the warranty period of goods,
  • if the defect in goods is due to mechanical damage caused by the Consumer,
  • if the defect of goods arises from the use of the goods under circumstances which do not correspond in intensity, humidity, chemical or mechanical effect to the natural environment of goods,
  • if the defect is caused by improper handling, manipulation or by malpractice of goods
  • if the defect in the goods has been caused by damage to the goods by excessive loading or use in contradiction to the conditions specified in the documentation or general principles of the customary use of the goods,
  • if the defect in the goods is caused by damage to the goods by irreversible and / or unforeseeable events,
  • if the defect in the goods resulted from damage to the goods by accidental destruction and accidental deterioration,
  • if the defect in the goods is caused by unprofessional interference, damage due to water, fire, static or atmospheric electricity, or any other intervention of force majeure
  • if the defect in the goods has been caused by interference with the goods by an unauthorized person
  • If the package is not complete, or in the event of a clear defect which the Consumer could have identified by checking the package at the time of delivery of the goods and of which he did not notify to the Seller in accordance with point 5.9 of Terms and Conditions, later claims of this kind may be accepted only if the Consumer demonstrates that the goods have already had the defect at the time of accepting the goods by the Consumer.

8.21 The Seller is obliged to handle the claim and to terminate the claim proceeding in one of the following ways:

  • by handing over the repaired goods,
  • by the exchange of goods,
  • by refunding the purchase price of the goods,
  • by paying back an appropriate sum as a discount from the price of the goods,
  • by submitting a written request for acceptance of specified performance task by the Seller,
  • by a reasonable rejection of the claim of goods.

8.22 Seller is required to issue a written document on the method of handling the claim, no later than 30 days from the day of filing the claim personally, by post, a courier or delivery service provider.

The Seller will inform the Consumer immediately after the termination of the claim procedure by phone or e-mail, and he / she will, together with the goods, or by e-mail deliver the claim confirmation document.

8.23 The warranty period is 24 months from the date of delivery of the goods unless a different warranty period is specified for certain cases.

In case of refurbished goods 21 months (by refurbished goods we understand used goods which have subsequently passed through inspection by one of our specialists and which is marked so);

In case of used goods 12 months (by used goods we understand goods marked so, which are used or repaired without defect, whereby the completeness of the packing does not obstruct full usage of the goods)

8.24 Under circumstance that the consumer is an entrepreneur (legal person), parties agreed upon a warranty period of maximum 12 months in accordance with provision § 429 section 2 of the Commercial Code

8.25 The warranty period may be extended by the period during which the Consumer was not able to use the goods due to warranty repair of the goods.

8.26 In the case of an exchange of the goods, the Consumer is provided with a claim document containing the information about the exchange of the goods and any further claims should be made on the basis of the purchase contract and this claim document. In case of an exchange of goods for new, the warranty period will start again from the day of receiving new goods, but only in case where the goods are exchanged for new.

8.27 If the defect can be removed, the claim will be resolved depending on the Consumer’s decision under point 8.15. of these terms and condition, in one of the following ways:

The Seller ensures a repair/removal of the defect, or

The Seller exchanges the defective goods

8.28 If the defect can be removed, and the Consumer does not specify without delay according to point 8.15 of these terms and conditions, how he would prefer the claim to be resolved, the Seller resolves the claim by removing the defect.

8.29 Under the circumstances, that the defect can not be removed, or a single removable defect has reoccurred, or multiple removable defects occurred, which obstruct the proper usage of the goods as without defect, the Seller settles the claim, depending on the decision of the Consumer according to point 8.15 of these Terms and Conditions, in the following manner

Exchanging the goods for other functional goods of same, or of better technical parameters, or

In case, that the Seller is not able to perform an exchange of goods for another, the claim is settled by refunding the purchase price

8.30 Under the circumstances, that the defect can not be removed, or a single removable defect has reoccurred, or multiple removable defects occurred, which obstruct the proper usage of the goods as without defect, and the Consumer fails to determine without undue delay, according to point 8.15 of these Terms and Condition, the manner in which the claim shall be settled, the Seller settles the claim by exchanging the goods for other functional goods of same or better technical parameters.

8.31 Settling the claim covers only defects listed in the Complaint Notice and the Confirmation of filing a claim of goods according to point 8.14. of these Terms and Conditions.

8.32 For claim purposes, the multiple occurrence of removable defect is considered to be a one removable defect which occurred more than twice.

8.33 For claim purposes, the occurrence of more than three different removable defects at the same time is considered to be a large number of different removable defects.

8.34 The Consumer's right to file a claim for defective goods, is consumed after he/ she has invoked the right and has requested the Seller to remove the defect of the goods under Section 8.1. of these Terms and Conditions, and irrespective of the outcome of the claim, the claim of the same unique defect (not the defect of the same kind) will be refused.

8.35 Provisions made in Article 8 of these Terms and Conditions do explicitly not apply to entities which do not meet the definition of a consumer set out in provision § 2 a) of the Act.

8.36 The Consumer is aware, that during the service task, the loss of data may occure, for which iFix s.r.o. nor the manufacturer is responsible. The Consumer is obliged to back up his personal data before the service task is performed.

8.37 The warranty period expires when:

the Consumer does not dispone with a warranty certificate, receipt of payment, or other document which proves the purchase of the goods.

  • the goods were used in contradiction to the usage instructions, for purposes other than those states in the conditions, as usual
  • the goods were mechanically damaged, such as a tumble or hit
  • damage to the goods has been caused by external influences such as water, fire, excessive sunlight, static or atmospheric electricity, inappropriate environment or force majeure, or if goods have been damaged by the Customer (e.g. by using a damaged or inappropriate accessory, overloading, etc.)
  • if care for goods or routine maintenance neglected
  • if a service task was performed by other than an authorized service center e.g. inexpert interference, disassembling, unoriginal firmware (root)
  • the expiration of the warranty period

8.38 iFix s.r.o. is an authorized service center for performing warranty service tasks for Huawei mobile phones, tablets and watches.

8.39 Warranty period is extended for the time from the acceptance of the goods by iFix s.r.o. until the time, when the Consumer is obliged to take over the goods.

8.40 The relevant entity for alternative dispute resolution with the Seller iFix sro, with its registered place at Einsteinova 7, 851 01 Bratislava, is Slovak Trade Inspection Prievozská 32, 827 99 Bratislava 27, www.soi.sk or other relevant legal entity registered in the list of alternative Dispute resolution conducted by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk); the Consumer has the right to choose which of these alternative dispute resolution entities to address.

 

These Complaint Terms and Conditions become effective and acquire efficiency on October 31, 2016.

 

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