Liability rules

RULES FOR THE APPLICATION OF LIABILITY FOR DEFECTS

    1) INTRODUCTORY PROVISIONS

        1.1. Iryna Domina, registered seat at Michalská 372/9, 811 03 Bratislava-Staré Mesto, Slovak Republic, ID number (IČO): 54847800, registered in the Trade Register maintained by the District Office Bratislava under the number of reg. No.: 110-317866 (hereinafter referred to as the "Operator"), as a supplier of Products, hereby issues these Rules for the application of liability for defects in accordance with the Consumer Protection Act and the Civil Code.

        1.2. The purpose of this document is to provide information to the Operator's Customers who are Consumers about the conditions and method of exercising liability for defects in Products offered and supplied by the Operator.

        1.3. This document is placed in a visible place in the operation and is published on the Operator's Website www.intellectwoodtoys.eu.

    2) DEFINITIONS AND INTERPRETATION

        2.1 Capitalized terms in this document have the meaning (i) as given in the Operator's general terms and conditions (hereinafter referred to as the "Terms") available on the Website and (ii) as attached to this document. In the event of a conflict between this document and the Terms, the provisions of the Terms shall prevail.

    3) PRODUCT DEFECTS

        3.1 A product is defective if it does not comply with the requirements under Section 615 of the Civil Code or if its use is prevented or restricted by the rights of a third party, including intellectual property rights.

        3.2 The Operator is liable for any defect that the Product has at the time of its delivery and that becomes apparent within two years of the delivery of the Product. In the case of a Used Product, the Operator is liable for defects that the Product has at the time of its delivery and that become apparent within one year of the delivery of the Product. If the defect becomes apparent before the expiry of the period according to the previous sentence, it is assumed that it is a defect that the Product already had at the time of delivery. This does not apply if the contrary is proven or if this assumption is incompatible with the nature of the Product or the defect.

        3.3 If the Operator is responsible for defects in the Product, the Customer has the right to (i) repair of the Product, (ii) replacement of the Product, (iii) a discount on the Price, (iv) withdrawal from the Contract.

        3.4 The Customer may refuse to pay the Price or part thereof until the Operator has fulfilled its obligations arising from liability for defects, unless the Customer is in default of payment of the Price or part thereof at the time of the defect being pointed out. The Customer shall pay the Price without undue delay after the Operator has fulfilled its obligations.

        3.5 The Customer may exercise the rights arising from liability for defects and the Customer's right under point 3.3 only if the Customer has reported the defect within 2 months of its discovery, no later than the period under point 3.2.

    4) DEFECT POINTING OUT

        4.1 The customer is entitled to report a defect in any of the following ways:

    (i) in writing or in person at the address: Michalská 372/9, 811 03 Bratislava-Staré Mesto, Slovak Republic, and

    (ii) via email at the email address: info@intellectwoodtoys.eu.

        4.2 When reporting a defect, the Customer is obliged to provide at least the following information:

    • your identification and contact details (address of residence, place of stay, or registered office, telephone number, e-mail);

    • Product order number;

    • designation and description of the defect of the Product and the manner in which the defect manifests/manifested, as well as the time frame when, according to the Customer, the defect occurred;

    • indicate which of the claims from liability for defects he is applying for and how he requests receipt of the completed claim for liability for defects (personal receipt, sending by post or e-mail), or other necessary information.

The Operator is not responsible for incorrect or incomplete data provided by the Customer when reporting a defect, which the Customer cannot be asked to correct or supplement.

        4.3 The Operator shall provide the Customer with a written confirmation of the defect immediately after the Customer has notified the defect. The Operator shall state in the confirmation of the defect the period within which the defect shall be eliminated. This period must be reasonable. A reasonable period is understood to be the shortest time that the Operator needs to assess the defect and to repair or replace the Product, taking into account the nature of the Product and the nature and severity of the defect. The period notified pursuant to the preceding sentence may not be longer than 30 days from the date of notification of the defect, unless a longer period is justified by an objective reason beyond the Operator's control.

        4.4 If the Operator denies liability for defects, it shall notify the Customer of the reasons for the denial in writing. If the Customer proves the Operator's liability for a defect by means of an expert opinion or expert opinion issued by an accredited person, authorized person or notified person, it may repeatedly allege the defect and the Operator may not deny liability for the defect; point 4.5 does not apply to repeated allegation of a defect.

        4.5 The Customer has the right to compensation for the reasonably incurred costs incurred in connection with the detection of a defect for which the Operator is responsible and the exercise of rights under liability for defects. The Customer also has the right to reimbursement of the reasonably incurred costs incurred in connection with the preparation of an expert opinion or professional assessment in exercising liability for defects. The Customer must exercise the right to reimbursement of costs under this point with the Operator no later than two months after the delivery of the repaired or replacement Product, payment of a discount on the Price or refund of the Price after withdrawal from the Contract, otherwise the right shall lapse.

        4.6 If, before concluding the Contract or before sending the Order, the Operator has informed the Customer that defects can also be attributed to another person, the actions or omissions of this person shall be considered the actions or omissions of the Operator for the purposes of liability for defects.

    5) REMEDY OF THE DEFECT BY REPAIR OR REPLACEMENT OF THE PRODUCT

        5.1 The Customer has the right to choose to have the defect removed by replacing the Product or repairing the Product. The Customer may not choose a method of removing the defect that is not possible or that would cause the Operator disproportionate costs compared to the second method of removing the defect, taking into account all the circumstances, in particular the value that the Product would have without the defect, the severity of the defect and whether the second method of removing the defect would cause the Customer significant difficulties.

        5.2 The operator may refuse to remove the defect if repair or replacement is not possible or would require unreasonable costs taking into account all the circumstances, including the circumstances under the previous point.

        5.3 The Operator will repair or replace the Product within a reasonable period of time after the Customer has reported the defect, free of charge, at its own expense and without causing significant inconvenience to the Customer, taking into account the nature of the Product and the purpose for which the Customer requested the Product.

        5.4 The Operator shall deliver the repaired Product or a replacement Product to the Customer at its own expense in the same or similar manner as the Customer delivered the defective Product, unless the parties agree otherwise. If the Customer does not take over the Product within 6 months of the date on which it was to be taken over, the Operator may sell the Product. If the Product is of greater value, the Operator shall notify the Customer of the intended sale in advance and shall provide him with a reasonable additional period for taking over the Product. The Operator shall immediately pay the Customer the proceeds from the sale of the Product after deducting the costs reasonably incurred for its storage and sale, if the Customer exercises the right to a share of the proceeds within a reasonable period specified by the Operator in the notice of the intended sale of the Product. The Operator may destroy the Product at its own expense if it has not been sold or if the expected proceeds from the sale are not sufficient to cover the costs that the Operator has reasonably incurred for storage and the costs that the Operator would necessarily have to incur for its sale.

    6) PRICE DISCOUNT AND WITHDRAWAL FROM THE CONTRACT

        6.1 The Customer has the right to a reasonable discount on the Product Price or may withdraw from the Contract without providing an additional reasonable period of time if

    (i) The Operator has not repaired or replaced the Product,
    (ii) The Operator refused to remove the defect according to point 5.2,
    (iii) The Operator has not repaired or replaced the Product in accordance with point 4.6,
    (iv) The Product has the same defect despite repair or replacement of the Product,
    (v) the defect is of such a serious nature that it justifies an immediate discount on the Price or withdrawal from the Contract, or
    (vi) The Operator has declared or it is obvious from the circumstances that it will not remove the defect within a reasonable time or without causing serious difficulties for the Customer.

        6.2 When assessing the Customer's right to a discount on the Price or withdrawal from the Contract pursuant to clause 6.1 (iv) and (v), all circumstances shall be taken into account, in particular the type and value of the Product, the nature and severity of the defect and the possibility of the Customer objectively being required to trust in the Operator's ability to remedy the defect.

        6.3 The Customer may not withdraw from the Contract if the Customer contributed to the defect or if the defect is negligible.

        6.4 If the Contract concerns the purchase of multiple Products, the Customer may withdraw from it only in relation to the defective Product. In relation to the other Products, the Customer may withdraw from the Contract only if it cannot reasonably be expected that he will be interested in keeping the other Products without the defective Product.

        6.5 After withdrawing from the Contract or part thereof, the Customer shall return the Product to the Operator at the Operator's expense. After withdrawing from the Contract, the Operator shall refund the Price to the Customer no later than 14 days from the date of return of the Product to the Operator or upon proof that the Customer sent the Product to the Operator, whichever occurs first.

        6.6 The Operator will refund the Price to the Customer or pay a discount on the Price in the same way that the Customer used to pay the Price, unless the Customer expressly agrees to a different payment method. All costs associated with the payment shall be borne by the Operator.

    7) FINAL PROVISIONS

        7.1 This document forms an integral part of the Terms and the Operator reserves the right to change it at any time without prior notice and consent of the Customer. Any changes to this document shall enter into force on the date of their publication on the Operator's Website.

        7.2 This document enters into force and effect on the date of publication on the Operator's Website.