CLAIM POLICY

CLAIM POLICY

GENERAL PROVISIONS

The handling of claims is subject to the current version of the Claim Policy in accordance with the provisions of the Act No 250/2007 on consumer protection and on amendments to the Act No 372/1990 on administrative offences, as amended (hereinafter referred to as "Claim Policy").

The action of a Buyer that is not a consumer within the meaning of Article 52(3) of the Civil Code Act No 40/1964, as amended, in the exercise of rights arising from the Seller's product liability and the Parties’ rights and obligations in connection therewith will be governed by Articles 422 to 442 of the Commercial Code Act No 513/1991, as amended.

For the purposes of this Claim Policy, ‘Claim’ means a product liability claim.

To ensure a uniform, fast and correct process of handling Claims in respect of goods purchased through the www.artcasting.eu e-shop of MEDEKO CAST s.r.o., having its registered office at Orlové 255, 017 01 Považská Bystrica, Registration No: 316 150 07, registered in the Register of Companies kept by Trenčín District Court, File No: 2794/R (hereinafter “Company” or “Seller”), the Company issues the following Claim Policy:

 

CLAIM POLICY OF MEDEKO CAST s.r.o.

  1. DAMAGE TO GOODS DURING TRANSPORT

Upon delivery of the goods, check the physical intactness and completeness of the consignment. If the consignment is visibly damaged or destroyed, write down a damage report with the driver, without taking over the consignment.

Then print out and fill in this Claim Form and send a scanned copy of it to art@medeko.sk. Any subsequent claims for differences in quantity and/or physical damage to the goods will not be accepted. If you detect any mechanical damage due to transport only after unpacking the goods, report this fact to us immediately. Delayed claims for mechanical damage due to transport will not be accepted.

  1. PRODUCT LIABILITY CLAIMS: WARRANTY CLAIMS

If a defect covered by warranty is detected during the warranty period, fill in and submit the claim form (see below). We will then inform you how to proceed. The goods must be sent as a parcel to our address: MEDEKO CAST s.r.o., Orlové 255, 017 01 Považská Bystrica; we recommend insuring the parcel. Do not send goods on CoD.

If you want to claim the reimbursement of inevitable costs incurred in connection with making a warranty claim (Article 598 of the Civil Code), it is necessary to deliver to us the original receipt (tax document).

  1. CLAIM PROCEDURE AND CONSUMER RIGHTS
  2. The Seller warrants to the Buyer that the goods are fee of defects at the time of delivery. In particular, the Seller warrants to the Buyer that at the time of the receipt of the goods by the Buyer:
  • The goods have the characteristics agreed upon by the Parties and, in the absence of such agreement, have the characteristics described by the Seller, or expected by the Buyer taking regard of the nature of the goods and the promotion thereof by the Seller;
  • The goods are fit for the use claimed by the Seller or the usual use of goods of this type;
  • The quality and design of the goods conform to the quality and design of the agreed sample or model, if the goods quality and design were specified on the basis of an agreed sample or model;
  • The goods are delivered in the relevant quantity or with the relevant weight, and the goods comply with the requirements of applicable legal regulations.
  1. If any defect manifests itself within six months of the receipt of the goods by the Buyer, the goods will be considered to have been defective at the time of receipt. The Buyer is entitled to make a product liability claim for any defect of consumer goods that occurs within twenty-four months of receipt of the goods. This provision will not apply if the goods were sold at an agreed discounted price because of a known defect, and to normal wear and tear of the goods and to any used goods with a defect corresponding to the degree of their use and/or wear and tear that existed at the time when the goods were received by the Buyer, or is intrinsic to the nature of the goods.
  2. If a defect is detected, the Buyer may submit a claim to the Seller and request:

For a defect which can be rectified:

  • Rectification of the defect free of charge;
  • Replacement of the goods by new goods;

For a defect which cannot be rectified:

  • A proportionate discount on the purchase price;
  • Termination of the purchase contract.
  1. The Buyer shall have the right to terminate the purchase contract if:

 - The goods have a defect which cannot be rectified and which prevents the goods from being properly used as goods without defects;

 - The goods cannot be used properly due to the recurrence of the defect or defects after repair;

 - The goods cannot be used properly because of a multiplicity of defects.

  1. The Seller will be obliged to accept a claim in any establishment where it is possible to accept it, including the Seller’s seat or place of business. The Buyer may also lodge a claim with a person designated by the Seller. If the Buyer's claim is processed by a third party designated by the Seller, such third party may only resolve the claim by delivering the repaired goods; otherwise the claim will be forwarded for processing by the Seller. The Seller will be obliged to issue to the Buyer a written certificate stating the date of the lodging of the claim, the subject-matter of the claim and the method of resolution requested by the Buyer, as well as the date and method of the actual resolution of the claim, including confirmation of the repair of the goods and its duration, or written reasoning for the rejection of the claim, where applicable.
  2. If the Buyer lodges a claim, the Seller or an employee appointed by it, or a designated third party will be obliged to inform the Buyer about the Buyer’s rights arising from the defects of the goods. Depending on the Buyer’s choice of the rights it claims under the product liability, the Seller or its appointed employee or designated third party will be obliged to determine the method of resolving the claim immediately, or, in more complex cases, no later than three business days of the date the claim was made, and in justified cases, in particular if a complex technical assessment of the condition of the goods is required, no later than 30 days of the date of the claim. After determining the method of handling the claim, the claim must be processed and the defect rectified immediately. In justified cases, the claim may be resolved at a later time. However, the claim resolution, including the rectification of the defect, must not take more than 30 days of the date the claim was made. Failure to resolve the claim until expiry of the applicable time limit will constitute a material breach of the purchase contract and the Buyer will have the right to terminate the purchase contract or to have the goods replaced by new ones. A product liability claim will be deemed made when the Buyer expresses its will to make the claim (i. e. to exercise its rights arising from the defects of the goods) to the Seller.
  3. The Seller will notify the result of the processing of the claim to the Buyer in writing and no later than 30 days of the lodging of the Buyer’s claim.
  4. The Buyer’s right to make a product liability claim will not arise if the Buyer knew before taking over the goods that the goods were defective, or if the defect was caused by the Buyer.
  5. Where the claim is justified, the Buyer will be entitled to the reimbursement of any costs reasonably incurred in connection with the pursuit of the claim. The Buyer may exercise this entitlement within one month after the expiry of the warranty period.
  • Where more than one option for resolving the claim is available, the Buyer will have the right of choice.
  • The rights and obligations of the Parties with regard to product liability will be governed by Articles 499 to 510, Articles 596 to 600 and Articles 619 to 627 of the Civil Code Act No 40/1964, as amended, and the Act No 250/2007 on consumer protection, as amended.