I. General provisions
1.1. This Warranty Policy is issued in accordance with Act No. 40/1964 Coll. the Civil Code, as amended (hereinafter referred to as the “Civil Code”), Act no. 250/2007 Coll. on Consumer Protection as amended (hereinafter referred to as the “Consumer Protection Act”), Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services on the Basis of a Contract Concluded at a Distance or a Contract Concluded Outside the Premises of the Seller, as amended, and Act No. 22/2004 Coll. on Electronic Commerce, as amended. The Warranty Policy regulates the legal relationship between the Seller, which is the commercial company NORTHFINDER, a. s., with its registered office at Rastislavova 109, 951 41 Lužianky, Slovak Republic, Company ID: 35 933 011 (hereinafter also the “Seller”) and any person who is the buyer of goods (items) offered by the Seller in the Seller’s online store and who acts in the position consumer in terms of other provisions of these General Terms and Conditions and the relevant laws defining a consumer, in line with the valid legislation of the Slovak Republic, in particular Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services on the Basis of a Contract Concluded at a Distance or a Contract Concluded Outside the Premises of the Seller, and Act No. 250/2007 Coll. on Consumer Protection, as amended.
1.2. More detailed contact and identification data on the Seller are available in the section IMPORTANT INFORMATION – CONTACT DATA.
1.3. This Warranty Policy regulates the rights and obligations of the Buyer, who is a consumer, when exercising the rights from liability for defects of items (goods) pursuant to the concluded distance purchase contract with the Seller through the Seller’s e-shop www.northfinder.com.
1.4. A Buyer is any person (natural person or legal entity) who has filled in and sent an order via the Seller’s website, received an email notification confirming receipt of the order and has paid the purchase price.
1.6. A consumer is a Buyer who is a natural person and who is not acting within the scope of business activities when concluding a purchase contract in accordance with Warranty Policy and in accordance with the General Terms and Conditions published on the Seller’s website.
1.7. This Warranty Policy regulates the legal relations between Buyers, who are consumers, and the Seller.
1.8. Legal relations resulting from the exercising of rights from liability for defects between the Seller and a Buyer who is a legal entity or a natural person–entrepreneur acting in the course of his/her business (persons who are not in the position of a consumer) are governed by Act No. 513/1991 Coll. Commercial Code, as amended.
1.9. Products are goods that are intended for sale and that are also published on the Seller’s online store (hereinafter also referred to as "goods" or "items").
2.1. Relationships arising from the Seller’s liability for defects in goods or services (as well as other legal relationships that may result from the contractual relationship) with natural persons who are not acting within the scope of business activities (consumers) when concluding a purchase contract are subject to the general provisions Act No. 40/1964 Coll. Civil Code, as amended, as well as special regulations, particularly Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services on the Basis of a Contract Concluded at a Distance or a Contract Concluded Outside the Premises of the Seller, and Act no. 250/2007 Coll. on Consumer Protection.
2.2. Legal relations following from the exercise of rights from liability for defects between the Seller and a Buyer that is a legal entity or a natural person – entrepreneur who is acting in the course of conducting business (persons who are not in the position of a consumer) are governed by Act No. 513/1991 Coll. Commercial Code, as amended.
III. Liability of the Seller for defects in products (goods and services)
3.1. The Seller is obligated to deliver the item (goods) in accordance with the concluded purchase contract, i.e. in the required quality, quantity and without defects (factual, legal).
3.2. The Seller is responsible for defects of an item sold when taken over by the Buyer. If items are unused, the Seller is responsible for defects that occur after taking over the item during the warranty period (warranty). We recommend that the Buyer claim the defects of goods from the Seller without undue delay. With used items, the Seller is not responsible for defects caused by their use or wear. In the case of items sold at a lower price, the Seller is not liable for the defect for which a lower price was agreed.
3.3. The Buyer is authorised to inspect a sold item before accepting it.
IV. Warranty period
4.1. The warranty period is 24 months. The warranty period if an item is used is 12 months. Warranty periods begin to run from the receipt of an item by the Buyer. If the period of use is marked on the item sold, its packaging or the instructions attached to it, the warranty period shall not end before the expiry of this period.
4.2. The Seller is obligated at the request of the Buyer to provide a guarantee in written form (a warranty card). If the nature of the matter permits, it is sufficient to issue a proof of purchase instead of a certificate of guarantee.
4.3. By declaring on the warranty card issued to the Buyer or in an advertisement, the Seller may provide a warranty exceeding the scope of the warranty according to this Warranty Policy. The Seller shall specify the conditions and scope of this warranty on the warranty card.
4.4. Warranty periods start upon the receipt of the item by the Buyer.
4.5. If the Buyer is not a consumer, the provisions of the Commercial Code shall be followed, and the warranty period is 1 year. The warranty period begins in accordance with the provisions of Art. IV, point 4.7. of this Warranty Policy.
4.6. If an item is exchanged for a new item, the warranty period shall begin upon the receipt of the new item.
4.7. The rights arising from the liability for a defective item for which the warranty period applies shall expire if they were not exercised during the warranty period.
4.8. The warranty period is extended by the time for which the goods were in the process of a claim. The rights arising from the liability for defects of the goods for which the warranty period applies shall expire if they were not exercised during the warranty period.
4.9. If the Buyer is a consumer, claims are governed within the statutory warranty period by Act No. 40/1964 Coll., the Civil Code, and Act No. 250/2007 Coll., on Consumer Protection, both laws in the valid and effective wording, taking into consideration the clarifications in this Warranty Policy.
4.10.If an item is exchanged, the warranty period begins to run again from the moment of receipt of the new item. The same shall apply if a part for which the warranty was provided is replaced.
V. Procedure for exercising rights from liability for defects (Claims)
5.1. The Buyer is authorised to exercise the rights from the liability for defects of an item (goods) at the address published directly on the website, in the section IMPORTANT INFORMATION.
The Buyer may always exercise the right to file a claim in person at any of the Seller’s premises, where claims are accepted due to the nature of the matter, or at the Seller’s registered office, or through third parties, e.g. shipping companies, courier companies, and others. We recommend that the Buyer use the combined Form for Withdrawal from the Contract for a claim/exchange/return, which is available for download on the Seller’s website.
5.2. In the case that the Buyer makes a claim on goods other than in person, the Seller recommends that the Buyer send the goods together with a detailed description of the defects in the goods as well as a document proving the purchase of goods in our store (for example, proof of payment, invoice, warranty card) in order to speed up the claims process.
5.3. We recommend sending the goods by registered mail in the case of a claim. The Seller recommends not sending the goods cash on delivery, because items sent in this way will not be accepted by the Seller.
5.4 Upon the making of a claim, the Seller is obligated to issue a confirmation to the Consumer. If the claim is made by means of remote communication, the Seller is obligated to deliver confirmation of receipt of the claim to the Consumer immediately; if delivering such confirmation immediately is not possible, it must be delivered without undue delay, but no later than together with the proof of the claim; confirmation of a claim need not be delivered if the Consumer has the opportunity to demonstrate the claim in another way.
5.5. The Seller is obligated to issue a written document on the handling of the claim no later than 30 days from the date of the claim.
5.6. The handling of the claim shall not affect the Consumer’s right to compensation under a special regulation.
5.7. The Seller is obligated to determine the method of handling the claim immediately, in complex cases within 3 days of the date of the claim. In justified cases, particularly if a complex technical evaluation of the goods is required, than no later than 30 days from the date of the claim. After determining the method of handling the claim, the Seller will do so immediately; the claim may only be resolved later in justified cases. However, the handling of the claim may not take longer than 30 days from the date of the claim. After the passing of the 30-day period for handling the claim, the Buyer has the right to withdraw from the purchase contract and the full amount for the goods will be refunded or the Buyer has the right to exchange the goods for new ones.
5.8. If the Consumer has lodged a product claim within the first 12 months of purchase, the Seller may settle the claim by rejecting it only on the basis of a professional judgment; regardless of the outcome of the professional assessment, the Consumer may not be asked to reimburse the cost of the professional review or other costs related to the professional review. The Seller is obligated to provide the Consumer with a copy of the professional assessment justifying the rejection of the claim no later than 14 days from the date of handling the claim.
5.9. If the Consumer made a claim on a product more 12 months after the purchase and the Seller has rejected it, the person who handled the claim is obligated to state to whom the Consumer can send the product for professional assessment in the document on the handling of the claim. If the product is sent for a professional assessment to a designated person, the costs of such professional assessment, as well as all other related costs necessarily incurred, shall be borne by the Seller, regardless of the result of the professional assessment. If the Consumer proves by professional assessment the responsibility of the Seller for the defect, the Consumer may file the claim again; the warranty period does not run during the professional assessment. The Seller is obligated to reimburse the Consumer within 14 days from the date of re-application of the claim all costs incurred for the professional assessment, as well as all related purposefully incurred costs. Claims that are re-submitted may not be rejected.
5.10. A Consumer has the right to reimbursement of essential costs (especially the postage paid when sending the claimed goods) which were incurred in connection with the exercise of legitimate rights from liability for defects of goods and services. In the case of withdrawal from the contract due to a defect in the item or service, the Consumer also has a right to reimbursement of the costs of such withdrawal.
5.11. Matters of professional assessment per point 5.8. of this article: The professional assessment must include:
a) identification of the person who performs the professional assessment,
b) the exact identification of the assessed product,
c) a description of the condition of the product,
d) the result of the assessment,
e) the date of the professional assessment.
5.12. The Seller is obligated to inform the Consumer about the handling of the claim and about the method of its handling in a suitable and demonstrable form and do so no later than within 30 days from the date of the claim. The Seller is obligated to issue a written document on the handling of the claim no later than 30 days from the date of the claim.
5.13. The end of the claim procedure (a claim) is considered to be its being settled. Claim handling is understood to be the termination of the claim procedure by handing over the repaired product to the person who filed the claim, replacement of the claimed product, return of the product’s purchase price, payment of a reasonable discount on the product price, a written appeal on the taking over of fulfilment, or rejection of the claim in accordance with legal conditions.
5.14. If the nature of the product permits it, the Consumer will hand over the product to the Seller (designated person) when making a claim. If the nature of the product does not permit the product to be delivered to the Seller (designated person), the Consumer may request the elimination of the defect at the place where the product is located or agree on the method of transporting the product with the Seller (designated person).
5.15. The period from the exercising of the right of liability for a defect until the time when the Buyer was obligated to take over the item after the repair is completed shall not count towards the warranty period. The Seller is obligated to issue a confirmation to the Buyer about when he or she exercised such right, as well as on the repair and its duration.
VI. Rights of Buyers in exercising the rights from liability for defects
6.1. In the case of a defect that can be corrected, the Buyer has the right to have this done free of charge, properly and in a timely manner. The Seller is obligated to remove the defect without undue delay.
6.2. The Buyer may request, instead of eliminating the defect, an exchange of the item or if the defect concerns only a part of the item, a replacement of the part, if the Seller does not incur disproportionate costs due to the price of the goods or the seriousness of the defect.
6.3. The Seller may, instead of eliminating the defect, always replace the defective item with a sound one, if this does not cause serious difficulties for the Buyer.
6.4. In the case of a defect that cannot be removed and which prevents the item from being properly used as an item without defects, the Buyer has the right to exchange the item or has the right to withdraw from the contract. The same rights belong to the Buyer in the case of remediable defect, if, however, the Buyer is unable to properly use the item due to the recurrence of the defect even after repair or due to a larger number of defects.
6.5. In the case of other irreparable defects, the Buyer also has the right to a reasonable discount on the purchase price of the item.
VII. Final provisions
7.1. This Warranty Policy is an inseparable part of the General Terms and Conditions and the General Data Protection Regulation of this online store. The documents – the General Terms and Conditions and the General Data Protection Regulation – of this online store are published on the domain of the Seller’s online store.
7.2. In the case of a change in the Warranty Policy, the relationship between the Buyer and the Seller shall be governed by the Warranty Policy valid and in force at the time of concluding the Purchase and Sales Agreement, up to the moment of its termination.
7.3. This Warranty Policy is valid and effective at the time of its publication on the Seller’s online store, on 7 June 2021.