Claim

Returns procedure

(responsibility for defects, guarantee, returns)

9.1.   This Return Procedure of the Company regulates the procedures and application and arranging of returns, complaints, and comments from consumers in the return of Company goods sold by the Company as Purchase outside the Premises of the Company.

9.2.   The company is responsible for the defects that the goods have when the buyer takes delivery. The Buyer is obliged to complain of defects in the Goods without undue delay, otherwise the Buyer waives his right for the Company to remove the defect.

9.3.   Claims handling is subject to the valid claims procedure published on the web site www.verve.gallery/claim. By sending an Order to the Company, the Buyer confirms that he has been duly informed about the terms and manner of making a claim on the goods, including the details of where the claim can be made and the performance of guarantees & repairs  in accordance with § 18 par. 1 of Law no. 250/2007 on Consumer Protection and on amending the Law 372/1990 on Misdemeanours as amended (hereinafter referred to as the "Consumer Protection Law").

9.4.   The Buyer has the right to apply the guarantee of the Company only for goods that show defects caused by the manufacturer, supplier or Company, covered by the guarantee and purchased from the Company. The Buyer is obliged to present the goods, including accessories, documentation and instructions, the original packaging of the goods, the guarantee document and the proof of payment, to the authorized representative of the Company (hereinafter referred to as the "Goods Documentation") when returning goods.

9.5.   The Buyer is obliged to perform a check of the goods when taking delivery of the goods. If he fails to do so, he can only claim for defects if he can prove that the defects were present at the time the goods were received.

9.6.   If the goods are defective, the buyer has the right to make a claim at the point of sale of the Company in accordance with the provisions of § 18 par. 2 of the Law by delivering the goods by mail to: Praetori s.r.o, Konštantínova 6, 08001 Prešov. The buyer is obliged to indicate in the accompanying letter exactly the type and extent of the defects of the goods. In case of any doubt, please contact the Customer Support of the Company: orders@verve.gallery.

9.7.   The buyer has the right to make a claim also to a person authorized by the manufacturer of the goods to perform guarantee repairs (hereinafter referred to as a "designated person"). The list of designated persons is listed in the guarantee card or is sent to the buyer at his request by the Company.

9.8.   The company is obliged to accept a complaint at any sales point where receiving claims is possible or through the designated person in accordance with § 18 par. 2 of the Consumer Protection Law.

9.9.   The claim proceedings for goods that can be delivered objectively to the Company starts on the day that all the following conditions are met:
(a)    delivery to company of the completed claim form by the Buyer,
(b)    delivery to the Company of the Goods subject to the claim, their accessories and documentation. 

9.10.   The Company recommends the buyer insure the consignment containing the goods subject to the claim. The company does not take goods returned with recorded delivery.

9.11.     The beginning of the claims procedure is also the date of making the claim.

9.12.   The Company or designated person issues the buyer a confirmation of the claim on the goods in an appropriate form chosen by the Company, in e-mail or written form (the document on the receipt of the goods), in which they are obliged to state the defects on the goods in accordance with the provisions of  § 18 par. 5 of the Consumer Protection Law and to inform the consumer about his rights under § 622 and § 623 of the Civil Code. If a complaint is applied by means of remote communication, the Company is required to deliver confirmation of the receipt of the claim to the Buyer immediately. If it is not possible to deliver the receipt immediately, it must be delivered without undue delay, but at the latest with the document on handling the claim. A confirmation of a claim made does not have to be delivered if the buyer has the ability to prove in another way that a claim was made.

9.13.   On the basis of a buyer's decision about which of its rights under § 622 and § 623 of the Civil Code it is applying, the Company or the designated person is obliged to determine a manner of deciding the claim in accordance with § 2 m) of the Consumer Protection Law, in more complex cases within 3 days from the commencement of the claim procedure, in justified cases, especially if a complex technical evaluation of the state of the goods is required, no later than 30 days after the beginning of the complaint procedure. After determining the manner in which the claim is to be handled, the Company or the designated person decides the claim immediately, in justified cases, the claim may be decided later. However, deciding the claim may not take longer than 30 days from the date of the claim. After the expiration of the deadline for claim handling, the buyer has the right to withdraw from the contract or has the right to exchange the goods for new goods. The completion of claim handling and the outcome of the claim are communicated to the Buyer in the form agreed between the parties (by e-mail, sms, telephone or registered letter). Together with the return of the goods subject to the claim, the Company will deliver a claim report to the buyer. If the Buyer has made a claim on goods during the first 12 months from the receipt of the goods by the Buyer, the Company may reject the claim only on the basis of an expert's opinion or a position issued by an authorized, notified or accredited person or an opinion of a designated person. Regardless of the outcome of the expert assessment, the Company may not require the Buyer to pay the costs of expert assessment or other costs related to the expert assessment of the Goods.

9.14.   If the Buyer has made a claim on the Goods more than 12 months after the goods were received by the buyer and the Company has rejected it, the person handling the claim is obliged to indicate in the confirmation of handling the claim, to whom the buyer can send the goods for expert assessment. If the buyer sends the goods for expert assessment to the designated person listed in the claim document, the cost of the expert assessment of the goods, as well as all other related costs are borne by the Company irrespective of the outcome of the expert assessment. If the Buyer uses the expert assessment to demonstrate the Company's liability for the defective product, he may resubmit the claim; The guarantee period does not run during the period of professional assessment of the goods. The Company is obliged to pay the buyer within 14 days of the day of the resubmitted claim all costs incurred to arrange the expert assessment of the goods as well as all the related expenditure incurred. The resubmitted claim can not be denied.

9.15.   The Buyer does not have the right to make a claim for a defect of which he was warned by the Company at the time of the conclusion of the Contract or which, having regard to the circumstances under which the Contract was concluded, he had to be aware of.

9.16.   The Company reserves the right to replace the defective goods for other similar goods with comparable technical parameters.

9.17.   The right to apply the Buyer's guarantee from the Company is void in particular in the following cases:
(a)   mechanical damage to the Goods by the Buyer,
(b)   improper handling, operation or neglect of the care of the goods,
(c)   use of the goods under conditions which do not correspond to the natural environment in terms of their humidity, chemical and mechanical effects,
(d)   damage to goods by excessive load or use in contravention of the conditions stated in the documentation, general principles, technical standards or safety regulations in force in the Slovak Republic,
(e)   damage to the Goods by irreversible and / or unforeseeable events,
(f)    damage to goods by accidental destruction and accidental deterioration,
(g)    failing to disclose obvious defects when taking delivery of the goods,
(h)   failure to provide proof of payment, delivery note or guarantee document, accessories or documentation for the goods,
(i)   expiry of the guarantee period of the goods.

9.18.   The Company is required to decide on the claim and complete the claim procedure in one of the following ways:
(a)    by returning the repaired Goods to the Buyer,
(b)    by exchanging the Goods,
(c)    by returning the purchase price to the Buyer,
(d)    by paying a reasonable discount from the purchase price to the Buyer,
(e)    by written call to take the contractual performance determined by the Company,or
(f)    by justified rejection of the claim on the Goods.

9.19.   The Company is obliged to issue a written document no later than 30 days from the day of submitting the claim via the postal or courier or delivery service provider, or via e-mail, on the method of deciding the claim and on the decision on the claim.

9.20.   The guarantee period is 24 months (unless a specific guarantee period is set for specific cases) and begins to run from the date of receipt of the goods by the Buyer. The guarantee period is extended for the period during which the buyer could not use the goods due to the guarantee repair of the goods.

9.21.    In the case of exchange of the goods subject to the claim for new goods, the buyer will receive a document stating the specification of the new goods. Any further claims are applied on the basis of the original delivery note and this claim document, and the warranty period for the new goods begins from the receipt of the new goods by the buyer.

9.22.    In the case of a defect in the goods, the claim will be decided, depending on the buyer's decision under paragraph 9.13 above, in one of the following ways:
(a)   The Company arranges removal of the defect, or
(b)   The Company exchanges the defective Goods.

9.23.    In the event of a defect in goods which can not be eliminated and impedes the proper use of the goods, in the case of multiple recurrence of a removable defect or in the case of a large number of different removable defects that prevent the proper use of the goods, the Company decides, subject to the Buyer's decision under paragraph 9.13 above, for one of the following approaches:
(a)   exchange of the Goods for other goods which are functional and of the same parameters, or
(b)   if the Goods can not be exchanged for other goods, the Company settles the claim by returning the Purchase Price to the Buyer.

9.24.   In the event of a non-removable defect in goods that does not prevent the proper use of the goods, the Company settles the claim by providing a discount on the purchase price.

9.25.   Decisions on claims only apply to the defects listed on the claim form.

9.26.   For the purpose of claims, multiple recurrence of a removable defect is considered to be the occurrence of a single removable defect more than twice. For the purpose of claims, the occurrence of more than three different removable defects at the same time is considered as a large number of different removable defects.

9.27.   The buyer's right to make a claim for a defect claim after he has exercised his right and has requested the Company to remove the defect on the Goods according to the above points is exhausted and irrespective of the outcome of the complaint, it may no longer be applied to the same unique defect (not the fault of the same kind) again.

9.28.   If the Company completes the claim proceedings by justified rejection of the claim, but the defect objectively exists in the buyer's opinion, the buyer may exercise his rights through the court.