Claims

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Complaints Policy

Responsibility for Defects, Consumer Warranty, and Claims for Defects (Complaints Policy)

I. Introductory provisions

Seller:
iFix s.r.o., 

• Company ID: 47019948
• Tax ID: 2023719379
• VAT ID: SK2023719379
• Phone: +43 720 880806 (AT number)
• E-mail: info@fixshop.eu

Buyer: An entity meeting the definition of a consumer as per the relevant legal regulations, concerning the purchase and sale of goods offered by the seller.

SOI Inspectorate for the Bratislava region

Odbor výkonu dohľadu
Bajkalská 21/A
P. O. BOX 29
827 99 Bratislava

Contact information:
E-mail: ba@soi.sk
Phone: 02/58 27 21 72, 02/58 27 21 04
Fax number: 02/58 27 21 70
www.soi.sk
SOI - Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi

II. Responsibility for defects and resolution procedure

1.  If the seller is responsible for a defect in the goods, the buyer has the right to request the removal of the defect through repair or replacement, a reasonable discount on the purchase price, or to withdraw from the purchase agreement.

2. The buyer's choice and enforcement of claims are governed by the relevant legal regulations.

3. The seller has informed the buyer of their rights arising from defects in the goods based on the applicable legal regulations and the concluded contract, including by making the General Terms and Conditions (hereinafter referred to as GTC) available on the relevant subpage of the seller's e-commerce website. The buyer had the opportunity to familiarize themselves with these terms before submitting their order.

4. The seller is responsible for defects in the goods in accordance with the applicable regulations of the Slovak Republic, and the buyer is obliged to claim defects in the goods from the seller or a designated person. The seller is liable for any defect that the sold goods have at the time of delivery and that manifests itself within two years of the delivery of the goods. If the subject of the purchase is goods with digital elements, where digital content is to be supplied or a digital service is to be provided continuously for an agreed period, the seller is liable for any defect in the digital content or digital service that occurs or manifests itself during the entire agreed period, but for no less than two years from the delivery of the goods with digital elements. For refurbished goods (refurbished goods refer to used goods that have subsequently undergone inspection by our experts and are marked as such) and used goods (used goods refer to goods marked as such, which are used or repaired and free of defects, and where the completeness of the packaging does not hinder full use of the product), the parties agree on a liability period for defects of 12 months from the date of delivery of the goods.

5. If the goods exhibit defects, the buyer has the right to exercise related claims by notifying the defect at any of the seller's business premises, through another person designated by the seller and communicated to the buyer before concluding the contract, or via remote communication means at the seller's registered office or place of business, or at another address provided by the seller at the time of contract conclusion or thereafter. The defective goods must also be submitted with the claim unless agreed otherwise. The seller recommends insuring the goods when sending them. The seller does not accept cash-on-delivery shipments. The buyer is obliged to truthfully provide all required information, particularly accurately specifying the type and extent of the defect in the goods, and to indicate which of their rights they are asserting.

6. The process of handling a claim for defects in goods that can be delivered to the seller begins on the day when all of the following conditions are cumulatively met:

6.1. receipt of the defect notification,

6.2. receipt of the goods from the buyer by the seller or a designated person,

6.3. receipt of access codes, passwords, etc., to the goods by the seller, if such information is necessary for the proper processing of the claim.

7. If the subject of the claim involves goods that cannot objectively be delivered to the seller or that are permanently installed, the buyer, in addition to fulfilling the conditions specified in points 6.1 and 6.3, is required to provide all necessary cooperation for the inspection of the goods by the seller or a third party designated by the seller. The process for handling a claim regarding goods that cannot objectively be delivered to the seller or that are permanently installed begins on the day the inspection of the goods is carried out, as per the first sentence. However, if the seller or the designated third party fails to conduct the inspection within a reasonable period, but no later than 10 days from the receipt of the defect notification by the seller, despite the buyer providing the necessary cooperation, the process begins on the day the defect notification is received.

8. The seller or the designated person shall issue the buyer a confirmation of the defect notification in accordance with the applicable legal regulations.

9. Liability for defects does not apply to defects about which the buyer was informed by the seller at the time of concluding the contract or which, considering the circumstances under which the purchase contract was concluded, the buyer should have been aware of.

10. The seller is not liable for defects in the goods:

10.1. if the buyer did not exercise their right regarding the seller's liability for a defect in the goods within the statutory time limits,

10.2. if the defect in the goods is due to mechanical damage caused by the buyer,

10.3. if the defect in the goods involves reduced battery capacity,

10.4. if the defect in the goods arose from use in conditions that do not correspond in intensity, humidity, chemical, or mechanical influences to the natural environment intended for the goods,

10.5. if the defect in the goods arose from improper handling, operation, or neglect of care for the goods,

10.6. if the defect in the goods arose from damage caused by excessive loading or use contrary to the conditions specified in the documentation or the general principles of customary use of the goods,

10.7. if the defect in the goods arose from damage caused by unavoidable and/or unforeseeable events,

10.8. if the defect in the goods arose from damage due to accidental destruction or accidental deterioration,

10.9. if the defect in the goods arose from improper intervention, water damage, fire, static or atmospheric electricity, or other acts of force majeure,

10.10. if the defect in the goods arose from interference by an unauthorized person,

10.11. if the shipment is incomplete or in the case of an apparent defect that the buyer could have identified by inspecting the shipment upon delivery and failed to address according to these Terms and Conditions and notify the seller without undue delay,

10.12 if the defect manifests as horizontal and/or vertical lines on the display/screen, which are the result of mechanical damage.

11. The contractual parties have agreed on a consumer warranty period of 24 months from the date of delivery of the goods unless a different period is specified for particular cases. For refurbished and used goods, the parties have agreed on a consumer warranty period of 12 months from the date of delivery of the goods.

In the event of an exchange of goods for new ones, the buyer will receive a document indicating the exchange, and any further claims for defects in the goods will be based on the purchase contract and this document. In the case of an exchange for new goods, the consumer warranty will restart from the date of receipt of the new goods, but only for the new goods.

Claims under the consumer warranty cannot be made if the buyer does not possess a warranty certificate, proof of payment, or another document proving the purchase of the goods from the seller.

12. The resolution of a claim for defects in the goods applies only to defects specified in the defect notification.

13. For the purposes of this article

• A repeatedly occurring removable defect is considered to be the occurrence of a single removable defect more than twice.
• A significant number of different removable defects is considered to be the occurrence of more than three different removable defects simultaneously.

14. Regardless of the outcome of the claim, any repeated claim for the same unique defect (not a defect of the same type) will be rejected.

15. In the case of replacement parts for Apple iPhones (battery, display, camera, depending on the iPhone model), a notification may appear stating: "Unable to verify that this iPhone has a genuine Apple part (battery, display, camera, depending on the iPhone model)."

These notifications do not affect the device's performance and will disappear from the lock screen after 4 days, remaining visible only in the Settings menu. The appearance of this notification does not impact the device's functionality.

16. If the buyer is dissatisfied with the manner in which the seller has handled a claim for a defect in the goods or believes that the seller has violated their rights, the buyer may request a remedy from the seller. If the seller denies the request for a remedy or does not respond within 30 days of its submission, the buyer has the right to file a proposal for alternative dispute resolution under Section 12 of Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments and Supplements to Certain Acts.

The relevant authority for alternative resolution of consumer disputes with the seller is the Slovak Trade Inspection (also the supervisory authority authorized to receive complaints in case of violation of consumer rights or interests), Bajkalská 21/A, P.O. Box No. 29, 827 99 Bratislava, www.soi.sk, or another competent authorized legal entity listed in the register of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at www.mhsr.sk). The buyer has the right to choose which of the mentioned entities for alternative dispute resolution they will contact.

The buyer can also use the online dispute resolution platform available at ec.europa.eu/consumers/odr/ to submit a proposal for the alternative resolution of their dispute.

 

Last updated: November 25, 2024.