1. Liability for defects
1.1. The warranty period and lifetime of textile products are different terms. The service life is determined by the manner and intensity of use and may not always be the same as the warranty period. This means that in the case of intensive use, the service life of textile products may be shorter than the warranty period.
1.2. The Seller is liable for defects of the product present at the time of purchase and within warranty period. The Buyer is entitled to inspect the sold product before acceptance. The seller is not responsible for the normal wear and tear of the product, its accessories or for the damage caused by Buyer.
1.3 The Seller shall not be liable for defects that the Buyer may have found with due diligence at the first inspection and shall not promptly notify the Seller, especially if the Buyer does not promptly claim defects of the item consisting of missing accessories or parts of the item discoverable during inspection.
1.4. The Seller shall not be liable for defective product if:
– the buyer caused the defect himself or the defect was caused by force majeure circumstances;
– defects are due to wear and tear caused by misuse or excessive use;
– the defect was caused by improper handling of the goods, mainly as a result of the manufacturer’s instructions given in the instructions for use being disregarded;
– the defect was caused by traffic;
– defects resulting from improper handling, misuse and uses of product other than those recommended by the manufacturer.
2. Warranty Period
2.1. Unless otherwise stated in this Reclamation conditions, the warranty period is 24 months. In the case of the sale of product to the buyer, the warranty period is governed by the relevant consumer protection legislation.
2.2 The Reclamation conditions are appllicable to product purchased by the buyer from the seller in the form of an e-shop on the seller’s e-shop website.
2.3 The warranty period starts from the date of receipt of the product by the buyer.
2.4 Rights arising from liability for defects shall expire if they have not been exercised without undue delay after the buyer became aware of the defect or could have learned of the defect with due diligence, professional care, but no later than the expiry of the warranty period.
2.5. Warranties do not apply to the wear and tear of the goods, changes in the appearance of the goods caused by their use or damage caused by improper treatment of the product.
3. Exercise of rights from liability for defects
3.1. Rights arising from liability for defects shall apply to the seller.
3.2. The Buyer is obliged to submit a copy of the invoice, filled in the reclamation protocol when exercising the rights from liability for defects. The Buyer shall fill in a reclamation protocol specifying the defect and the manner in which the defect is manifested and by sending the goods at the Buyer’s expense in such a packaging that the goods are not damaged during transport and documentation to the Seller. In the reclamation protocol, the person making the reclamation shall also state the contact address (e-mail, telephone number), to which the seller will send information about the way of handling the reclamation. The Seller is not responsible for the failure to deliver the notification sent to the specified contact address. (The Reclamation protocol form can be found here.)
4. Method of handling the reclamation
and consumer information according to § 18 par. 4 of Act no. 250/2007 Coll. on consumer protection
4.1. If the defect is removable, the buyer has the right to:
– that the defect is remedied free of charge, in a timely and proper manner;
– for the replacement of the product, if the seller does not incur disproportionate costs with regard to the price of the productor the seriousness of the defect, or if the defect concerns only the part of the product, the replacement of the part.
4.2 In the case of a defect that cannot be remedied and does not prevent the product from being properly used as a defect-free item, the buyer has the right to:
– a reasonable discount on the purchase price;
– to exchange the product.
4.3 In the case of a defect that cannot be remedied that prevents the productfrom being properly used as a defect-free product, the buyer has the right to:
– to exchange the product;
– the right to withdraw from the contract.
4.4 The same rights belong to the buyer, even if they are removable defects, but if they cannot use the product properly due to the occurrence of the defect after repair (occurrence of the same defect after at least two previous repairs) or for a larger number of defects (at least 3 defects).
4.5 The Seller shall determine the method of handling the reclamation in accordance with Section 2 (a). m) of Act no. 250/2007 Coll. on consumer protection immediately, in more complicated cases no later than 3 working days from the reclamation, in justified cases, especially if a complex technical evaluation of the condition of the product or service is required, no later than 30 days from the date of the reclamation. The day of reclamation by buyer is considered the day of receipt of the claimed product by the seller.
4.7 If the reclamation is solved with replacement of defective product, respectively. by its repair, the seller sends the product to the address from which the claimed product was delivered to him. If the Buyer fails to accept the claimed product within the delivery period, or refuses to accept it, the product is returned to the Seller’s address. The Seller shall notify the Buyer by e-mail of this fact and at the same time invite the Buyer to take over the claimed product at the Seller’s registered office within 15 days of receiving this request. After a futile lapse of 15 days after this request, the Seller will charge the Buyer storage.
4.8 With regard to the amendment to Act No. 250/2007 Coll. on Consumer Protection and Act No. 391/2015 Coll. on Alternative Dispute Resolution, every consumer has the right to address an ADR entity to protect his consumer rights. During ADR, the consumer shall cooperate with the ADR entity in order to resolve the dispute quickly. In the event of a cross-border dispute, the consumer shall have the right to contact the European Consumer Center, which shall provide him with an address for service, an e-mail address or a telephone contact with the ADR entity competent to settle his dispute.
The competent body for alternative dispute resolution with the seller is the Slovak Trade Inspection or another relevant legal entity registered in the list of subjects of alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/); the customer has the right to choose which of these ADR entities to contact.
5. Guidelines for Reclamation Procedure
5.1. When purchasing textile products, it is necessary to take into account the material composition, which provides information on the natural behavior of fabrics and is therefore not subject to reclamation, eg:
– products made of natural fibers (cotton, wool, flax, silk) and man-made fibers (viscose) are more prone to creasing, wrinkling than products made of synthetic fibers (polyester, polyamide, polypropylene, acrylic);
– viscose has a higher shrinkage and absorbency than other fibers, and polyester has a higher strength and less shrinkage;
– textile products with lower color fastness must be washed separately, on the reverse side, the product has reduced mechanical resistance;
– we recommend that you follow the symbols for the maintenance of textile and clothing products, and follow the warnings for the specific properties of some textiles.
6. Common and final provisions
1.6 These Reclamation conditions forms part of the General Terms and Conditions.
2.6 NyNa s.r.o. reserves the right to change this Reclamation conditions. The obligation to notify the change of the Reclamation conditions in writing is fulfilled by placing it on the website nyna.sk.
These conditions come into effect on February 1, 2020.