About the company
Company MB TECH BB S.R.O., established 37, 974 01 Banská Bystrica, ID: 36 622 524, registered in the commercial register of the District Court Banská Bystrica, section: Ltd., insert number: 8822/S ("MB TECH BB s.r.o." or "seller") is issued in accordance with The provisions of Law no 40/1964 Zb. Civil Code (hereinafter referred to as the "Civil Code") and Act No 250/2007 of... on consumer Protection (hereinafter referred to as the "Consumer Protection Act"), this complaint procedure (' The Complaints procedure ').
- Introductory provisions
- This claim procedure applies to a purchase contract concluded between the company MB TECH BB s.r.o. and the buyer-consumer (hereinafter for the purposes of this complaints order only as "buyer") on the basis of the order and its acceptance under the conditions laid down In the general terms and conditions of MB TECH BB s.r.o. accessible on the MBTECH.SKwebsite (hereinafter referred to as "UAA") (hereinafter "contract").
- Where the terms "buyer " and "seller " are used in this filing complaints order, the Contracting Parties to the contract shall be understood.
- The complaints procedure governs the rights and obligations of the buyer in the case of supply of goods by MB TECH BB s.r.o. as seller in breach of the contract, warranty terms and conditions of application of defects of the goods purchased.
- Warranty
- The guarantee period shall begin to run from the date of receipt of the goods by the buyer. The warranty period is for all goods 24 months from the date of receipt of the goods by the buyer, unless otherwise specified, or if the company MB TECH BB s.r.o. Not provide for a longer warranty period.
- The longer warranty period may be fixed in this filing complaints order, in the user manual or indicated on the invoice accompanying the goods.
- For products sold at a lower price because of a defect, the guarantee period is 24 months, but the seller is not responsible for the defect for which the lower price has been negotiated. For the used products, the warranty period is 12 months (Section 620 (2) of the Civil Code) and the seller is not liable for defects arising from their use or wear. The items used are visibly marked as used by the seller and are provided with information about their shortened warranty period.
- The warranty shall not apply to defects caused by improper handling, improper use, wear or unprofessional storage of goods by the buyer or by a third party.
- The seller provides a guarantee for defects of goods as follows :
- Quantitative defects-defects of goods consisting in the delivery of less than the agreed quantity of goods-the buyer is obliged to notify the seller at the latest on the acceptance of the goods, otherwise his claims from defects cease. If the buyer or the person designated by him signs the delivery note or another document confirming the supply of the goods and does not indicate this type of defects in the goods, the legal fiction shall be that the goods have been delivered to the buyer in the agreed quantity,
- visible Mechanical damage to the goods, including improper packaging and scratches, and other obvious defects which are visible directly on the supply of goods-the buyer is obliged to notify the seller (not the person supplying the goods) at the latest on the receipt of the goods, Otherwise his claims from defects are extinguished. If the buyer signs the delivery note or another document confirming the delivery of the goods and does not indicate this type of defects in the goods, the goods have been delivered without obvious defects,
- defects detectable when the goods are unpacked-the buyer is obliged to notify the seller immediately of any manifest defects of the goods which are detectable after its unpacking, and may not further dispose of the goods and use it,
- for goods that can be switched on or put into service, any defects that are detectable by the examination of the goods are considered to be manifest defects. The parties agree that the buyer is obliged to test the functionality of the goods, in particular by turning it on or putting it into service no later than the day following the date of delivery of the goods and, within that period, to apply to the seller the detected defects of the goods in writing. After this period, claims of defects detectable by turning on or testing the goods cease.
- defects undetectable otherwise than by the use or installation of the goods – it is a concealed defect that the buyer is entitled to apply to the seller without undue delay after their findings, but not later than 7 days as defects have been detected or followed by a professional Care could find out; Upon expiry of this period, the buyer's claims for these defects of goods cease.
- If the seller provides a guarantee to the buyer for the goods delivered, the warranty shall be provided by a statement of the duration of the warranty period in a separate guarantee note. If the seller does not pass along with the goods the warranty letter applies that the seller has not provided the buyer with the goods warranty. The guarantee, if provided, applies only to hidden defects. The seller may, the provisions on the guarantee, the defects of the goods and the application of the defects be further unilaterally adjusted in the warranty letter, whereby the buyer acknowledges that such a guarantee certificate is binding on the buyer.
- Claims of defects
- Where a defect occurs during the warranty period for which the goods cannot be properly used or can only be used in part, and may be removed, the purchaser shall have the right to repair it free of charge. Instead of removing the defect, the buyer may require the exchange of goods, or if the defect relates only to components of the case, the replacement of the component, if those of MB TECH BB s.r.o. do not incur undue costs due to the price of the goods or the severity of the defect .
- In the case of a defect which cannot be removed and which prevents the goods being properly used as non-defective goods and, in the cases provided for by the relevant legislation, the buyer has the right to exchange the goods or has the right to withdraw from the purchase contract. The same rights shall be made by the buyer even if it is an unavoidable defect, but the goods cannot be properly used because of a re-counted defect or because of a greater number of defects in the goods purchased.
- In the case of a non removable defect which does not prevent the proper use of the goods, the buyer shall have the right to a reasonable discount from the price of the goods. If the buyer has the right to exchange goods or the right of withdrawal, it depends on the buyer who will apply those rights. However, as soon as one of these rights is chosen, the choice cannot be changed unilaterally. The rights of liability for defects of the case in respect of which the guarantee period is valid shall cease if they have not been applied in the warranty period.
- Claim
- The purchaser may make a claim in person directly at the seller's premises with the relevant complaints of the authorized worker any day for the period of opening of the service in question, in writing, by sending it to the postal address of the company's registered office, or Via email, to the contact details below.
- The seller or person responsible for handling the claim shall determine the way in which the complaint is handled immediately, in complex cases within 3 working days of the date of application of the claim, in justified cases, in particular where a complex technical Assessment of the status of the goods, no later than 30 days from the date of application of the claim. Where a complex technical assessment of the condition of the goods is required, the buyer may be informed of the state of the claim which will be further assessed individually by agreement between the seller and the buyer. In the case of a complaint requiring a complex technical assessment of the case within a period of less than 30 days, the buyer shall be informed of that fact and shall be allowed to collect the goods or receive the goods delivered to the seller Free.
- In applying the claim, proof shall be made of the following:
- that the buyer purchased the product from the company MB TECH BB s.r.o. and at what price; To this end, the purchaser shall submit a valid proof of purchase of the goods with the date of purchase of the goods proving the purchase of claimed goods by the company MB TECH BB s.r.o. (in particular, invoice, receipt of cash receipt, delivery note, other,...),
- that an defect has occurred on the product in the warranty period (and this is not a defect to which the guarantee under this complaints order, the user manual of the manufacturer of the goods or the applicable law does not apply),
- immediate notification of defects of goods to the seller and the immediate delivery of defective goods to the seller at the address of the seller's registered office at the buyer's expense, unless the seller and buyer agree otherwise
- If the product has been given a longer warranty period than general – 24 months, the buyer proves that the defect occurred in the warranty period. For this purpose, the Buyer shall submit a duly and legibly completed warranty letter showing the date of sale, the product type, the stamp of the shop and the signature of the salesperson. In special cases, where a longer warranty period is known to the seller, it may not require the buyer to demonstrate the presentation of the guarantee certificate.
- The buyer is obliged to claimed the goods in a complaint and, as far as possible, describe the defect of the goods and also indicate all the buyer's contact details, in order to communicate during the complaint process.
- In the event of failure to comply with any of the above conditions by the buyer, the seller is entitled not to accept the claim or to reject the claim. In the light of the seller's agreement and the purchaser, the service provider may then, in the light of the non-recognition/rejection of the claim, be made a post-warranty servicing, for a fee according to the price list published on the mbtech.skpage and invoiced as a post-warranty service.
- The seller shall issue to the buyer when the claim is claimed. The seller shall issue the complaint with the written document no later than 30 days from the date of application of the claim.
- After determining how the claim is due, MB TECH BB s.r.o. Required to equip the claim without undue delay, but the complaint must not exceed 30 days from the date of application of the claim. Upon expiry of this period, the buyer has the same rights as the defect which cannot be removed (right of exchange of goods or refund – withdrawal from the contract).
- In case of a claim for goods applied during the first 12 months of purchase, MB TECH BB s.r.o. May Only be subject to a professional assessment of the claim. The seller shall provide the consumer with a copy of the professional assessment of the justifying rejection of the claim within 14 days from the date of the complaint. If MB TECH BB s.r.o. Rejects the claim of goods after 12 months after purchase is required in the complaint document to indicate to whom the buyer can send the goods for professional consideration. If the customer expert assessment demonstrates the liability of MB TECH BB s.r.o. For defects of the goods, the claim can be redeemed.
- If the defective goods are replaced with a new product, the warranty period shall begin to run from receipt of the new goods. In the case where a part of the product has been exchanged, the warranty period relating to this new component shall begin to run from receipt of this new component. The time from the exercise of the right of liability for defects until the buyer has been obliged to take over the repair, the warranty period shall not be calculated. The rights of liability for defects of goods for which the guarantee period is to be terminated if they have not been applied in the warranty period.
- Claims of the goods are covered by the provisions of the Civil Code and the Consumer Protection Act.
- When handling, using, transporting and storing goods, the buyer is required to take care of the instructions given in the product manufacturer's user manual, which can be accessed by the buyer on the mbtech.skwebsite. The buyer is obliged to check the goods supplied by the seller as soon as possible, while the inspection must be carried out in such a way that the defects which can be ascertained by a reasonable professional inspection are found as soon as possible. The buyer must subsequently notify the seller of any defects thus detected. Defects that occur later, the buyer is obliged to notify the seller equally without undue delay.