1. Defect Responsibility
Guarantee period and longevity of textile product are two different terms. Longevity is decided by the way and intensity of use and does not necessarily need to be the same as guarantee period. This means that by intensive use the longevity of textile product might be shorter than the guarantee period.
The seller is responsible for any defects that a sold product has when it is collected by the buyer and which appear during the guarantee period. The buyer is entitled to inspect the product before collection. The seller is not responsible for regular wear, its accessories or other parts of product.
The seller is not responsible for defects that were not claimed after the first product inspection; primarily defects such as missing accessories or mechanical damage that could have been identified during the inspection.
The seller is not responsible for a defect if:
– The buyer caused the defect himself or if the defect was caused by circumstances beyond control
– The defects were caused by incorrect or extensive product wear
– The defects were caused by incorrect product handling even despite the producer’s guidelines in the user guide
– The defect was caused during the shipment process
– The defects were caused due to improper handling, exploit and use of different products than the ones recommended by the producer.
2. Guarantee Period
If the claims code does not state otherwise, the guarantee period is 24 months. In case of sales to a buyer, the guarantee period is governed by legal regulations on consumer’s protection.
The claims code has effect on products bought by the buyer from the seller in e-shop form from the seller’s e-shop website.
Guarantee periods are in effect from the day of product collection by the buyer.
The defect rights are expired when the claims was not taken with any further ado, right after the buyer found an issue; regularly these rights expire by the guarantee period expiration.
Guarantees do not apply to product wear, change of how the product looks caused by its wear or damage done by improper product treatment.
3. Scope of the defect rights
These rights are claimed with the seller.
When the buyer claims the defect rights he is required to provide a copy of invoice, filled in claims form. The buyer fills out the claims form, in which he will thoroughly describe the defect and how it manifests and by sending the product picked and packed to prevent shipping damage, the shipping fees are covered by the buyer, back to the seller.
In the claims form, the person claiming the claims provides their contact address (e-mail, phone number) where the seller could reach them and provide the means of the claims process. The seller is not responsible for not delivering the claims notice to the provided contact details. (The claims for can be downloaded here)
4. The claims process and consumer acknowledgment by §18 app. 4 law nr. 250/2007 on consumer’s protection.
If the defect is removable, the buyer has the right to:
– To have the defect properly and expediently rectified
– To replace products the way that it will not cause any excessive charges in relation to product costs or severity of the defect; or in case the defect is related only to a part of a product, then the replacement of that part.
If the defect is irreparable but does not prevent the product from being used the buyer has the right to:
– Appropriate discount from the purchase price
– Product replacement
If the defect is irreparable and prevents from the regular use of the product, the buyer has the right to:
– Product replacement
– Contract withdrawal
Same rules apply to the buyer if the defects are removable but due to repeated appearances after at least 2 previous repairs or due to increased number of defects (at least 3 defects of single product) the product cannot be regularly used.
The seller states the claims process by §2 letter m) law nr. 250/2007 on consumer protection immediately, in more complex cases by latest 3 days since the claims posting and in case of difficult technical product or service investigation by latest 30 days since the claims posting. The day of claims posting is considered as the day when the seller collected the defective product.
The buyer will be informed about the claims result immediately by phone, or different way and will be delivered the claims form via post or e-mail. In case of accepted claims process, the seller will ensure the return of money, in case the claim has not been accepted the buyer receives the product back along with written claims notice.
If the claims process is resolved by replacing the defective product with a new one; or by its repair, the seller will send the claimed product to the address from which it has been sent. If the buyer does not collect the claimed product during the collect period, or if he refuses to collect, the product is then sent back to the seller’s address. The seller notifies the buyer by e-mail and notifies them to pickup the claimed product at the seller’s address in the next 15 days following this notification’s delivery. After 15 days since this notification, the seller will charge the buyer for storage.
Due to amendatory act nr. 250/2007 on consumer protection and law nr. 391/2015 on alternative solution of consumer claims, each consumer has the right to turn to the alternative claim solution subject. During the period of alternative claim solution, the consumer cooperates with the subject of alternative claim solution in favor of swift claim resolution. In case of cross-border claim the consumer has the right to contact the European consumer center, which will provide them with delivery address, e-mail address or phone contact of the subject of alternative claim solution, who is responsible for their claim’s resolution.
The competent subject for alternative consumer disputes with the seller is the Slovak trade inspection or a different legal entity present on the list of subjective of alternative claim solutions governed 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 from the listed subjects they opt for.
5. Claims code regulations
By the purchase of textile products, it is necessary to consider the material composition which provides information on natural fabric behavior and thus they are not eligible subjects to claim, for example:
– Products made of natural fibers (cotton, wool, flax, silk) and chemical fibers (viscose) are more creasy than product made of synthetic fibers (polyester, polyamide, polypropylene, acryl);
– Viscose has increased coagulation and absorption rate than other fibers and polyester is more durable and tends to have lower coagulation;
– Textile products with lower color stability should be washed separately, inside out, as the product has lower mechanical resistance;
– We recommend to adhere to the symbols of textile and cloth products, and follow the guidance and warnings for specific attributes of some of the textiles.
6. Common and final provisions
This claims code is part of the commercial terms.
The operator reserves the right to change this claims code. To make such a change eligible and valid, it must be presented on the website www.goodson.sk.
These terms are valid from 01.02.2016