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Return Policy of a-viac.eu for B2B
1 Background
1.1 This Return Policy regulates legal relationships between ProStudio s.r.o., based at Havlíčkova 7, 811 04 Bratislava, Slovakia, company ID: 35 964 570, registered with the Business Register maintained by the Regional Court in Bratislava I, the Sro section, entry no. 38306/B, phone no.: +421 (0) 908 831 603, email: support@prostudio.sk as the Seller, and businessmen and legal entities as Buyers in regard to lodging and processing complaints concerning goods. The Seller operates a website (www.a-viac.eu).
1.2 This Return Policy is also a part of and an amendment to the General Terms and Conditions for Businessmen and Legal Entities (hereinafter referred to only as “GTC”). Definitions given in GTC are binding on this Return Policy as well. Articles 7 (personal data protection) and 8 (governing law, and judicial authority) of GTC apply to this Return Policy, too.
1.3 This Return Policy concerns the issue of entering claims related to defective goods as well as entering warranty claims as per GTC.
2 General obligations of the Customer
2.1 The Buyer is obliged to exercise their goods-related claims in periods stated in this Return Policy, or without any unnecessary delay once they discover defects in goods or once they could have discovered them were due diligence exercised.
2.2 Claims related to defects which are under warranty must be entered by the Buyer before the warranty period expires. The Seller can refuse to recognise the warranty claim if a failure to report the defect and lodge a complaint immediately after it was discovered meant a further deterioration.
2.3 If the Buyer does not adhere to this Return Policy and does not meet the obligations and deadlines stated in GTC or the Return Policy, the Seller is not obliged to recognize the complaint and the Buyer loses their right to enter a warranty claim and/or complaint about defective goods.
3 The Customer’s obligations upon the delivery and receipt of goods
3.1 The Buyer is obliged to inspect the goods and verify its properties and amount upon delivery. If the goods are being received from a Shipper, the Buyer must immediately make sure that the content of the package conforms to the agreement and the order in terms of the amount and type of goods. The Seller’s information system is always the conclusive source of information about the amount and type of the goods whose delivery is the subject of the contract.
3.2 If the goods are damaged or otherwise corrupted on delivery or if the packaging is torn, the Buyer is obliged to immediately report this fact in the document by means of which they confirm the receipt of delivery or refuse to receive it. If the Buyer discovers that the goods sustained a mechanical damage during transportation after it was received, they are obliged to immediately notify the Shipper and draw up a damage report (even ex post facto).
3.3 When it comes to damage which occurred after the Shipper received the goods from the Seller and before they delivered it to the Buyer, the Buyer is obliged to observe the general terms and conditions and return policy of the shipper in question.
3.4 Immediately after discovering any faults and imperfections in the goods, or after drawing up a damage report or reporting defective goods in the proof of receipt, the Buyer must always contact the Seller’s complaints department if the case conforms to Article 3.2 of this Return Policy.
3.5 Immediately after receiving the goods, the Buyer must make sure that the individual serial numbers on the goods, in the delivery note, and in the warranty card match. Any differences or discrepancies in these serial numbers constitute a defect and must be reported to the Seller upon the receipt of goods. In that case, the second sentence of this Return Policy’s Article 2.1 does not apply.
3.6 If the Buyer does not perform the inspection or does not arrange for the inspection of the goods to be performed upon receipt, they can enter claims in relation to defects which could have been discovered during such an inspection only if they plausibly demonstrate that the goods were defective upon receipt.
3.7 In regard to defects which were in existence at the time of receipt but did not manifest themselves until later, the Buyer must lodge a complaint with the Seller immediately after these defects could have been discovered were expert due diligence exercised during the inspection which the Buyer was obliged to perform as per Articles 3.1 to 3.4 of this Return Policy.
3.8 Immediately after inspecting the goods, the Buyer must inform the Seller of any defects they may have discovered. If such defects concern the amount or type of goods (there is a difference between the goods that were actually delivered, and in the information recorded in the Seller’s information system) and the Buyer does not inform the Seller of them upon receipt, it is understood to mean that the correct amount and type of goods was delivered.
4 The complaints procedure
4.1 The Buyer can lodge complaints in person, by sending an e-mail to support@prostudio.sk,or in the Seller’s information system.
4.2 When lodging a complaint in person, the Buyer will submit a proof of purchase (invoice, delivery note) and a warranty card.
4.3 In regard to complaints lodged in person, a record must be made in writing, containing (i) the Buyer’s data, (ii) information about the goods, (iii) a description of the discovered defects and their manifestation, and (iv) the claim entered by the Buyer, where the Buyer can enter only those claims which are stated in this Return Policy.
4.4 In regard to complaints lodged by means of electronic mail and the Seller’s information system, the Buyer is obliged to fill out and dispatch a Return Material Authorisation form (hereinafter referred to only as “RMA”). While filling out the RAM form, the Buyer follows the instructions of the Seller’s information system. If the Buyer lodges a complaint by means of electronic mail only, the RMA form will contain information about the goods, the invoice number, the code of the goods, the serial number of the goods, and a description of the defect in question.
4.5 The Seller will send the Buyer an e-mail with a RMA symbol within twenty-four (24) hours of having received the RMA form. If the Buyer does not dispatch the goods to the Seller within fourteen (14) days of having been assigned a RMA symbol, they must request a new RMA symbol to be created as the original one is automatically deleted from the records after this period of fourteen days expires.
4.7 The Buyer must clearly write the RMA symbol on the package that contains the goods being returned. If the Buyer does not state the RMA symbol on the package that contains the goods being returned, or does state it in a manner which precludes it from being immediately and easily identified, the Seller can send the package back at the Buyer’s expense and risk.
4.8 If the Buyer dispatches a package which contains multiple pieces of goods that are subject to a complaint, they must enclose a list of the complaints. In the event that the Buyer fails to meet this obligation, they lose their right to enter any claims related to any discovered differences in the contents of this package.
4.9 After a RMA symbol is assigned, the Buyer will dispatch the goods being returned at their own expense, by a courier service. The Seller will send the Buyer either repaired or exchanged goods, by a courier service and at their own expense.
4.10 Regardless of the claim of damage or warranty being entered, the Buyer is obliged to deliver the goods in full, in their original packaging, and with the manufacturer’s intact, undamaged, and unremoved original labels (serial numbers, warranty stickers, seals, etc.). If the goods are not delivered in their original packaging, the Buyer will be responsible for any damage the goods sustain during their transportation and handling while the complaint is being processed. If the Buyer is returning goods which are sensitive to electrical discharges, including static electricity, they must deliver them wrapped in an antistatic packaging; otherwise, the Buyer will be responsible for any damage caused by electricity and electrical discharges during the transportation and handling of the goods while the complaint is being processed. The Seller is not obliged to receive any goods which do not meet the obligations and conditions set by this Article, and can send them back to the Buyer at the Buyer’s expense and risk.
4.11 If (i) the Buyer dispatches the goods being returned without the assigned RMA symbol, or (ii) the claimed defect is not discovered when the goods are tested, or (iii)the Seller or repair shop learn that the goods are fully functional, or (iv) the goods are not under warranty (the warranty period expired before the complaint was lodged, or exemptions apply to the goods), or (v) the Seller’s responsibility for defects does not apply to the goods, the Buyer must pay a lump sum of 20.00 EUR (two hundred euros) for any one (1) case to reimburse the Seller for repair and administrative costs related to the handling and testing of the goods,. In case of complaints lodged as per this Article, this does not affect the Seller’s right to have actual costs, in excess of the lump sum charged as per the previous sentence, reimbursed by the Buyer, where the Buyer is obligated to settle these actual costs to the Seller. The Buyer must also reimburse the Seller for all expenses related to the reparation of any goods which are not under warranty, as well as the cost of the repair.
5 Claims related to defective goods, and methods of complaint processing
5.1 The manner in which a complaint and the Buyer’s claim of damage and warranty are processed depends on the return and warranty policy of the goods’ manufacturer, importer, or supplier. The Seller merely distributes the goods, and is responsible for damage and warranty to the Buyer only in the extent to which they are provided by the manufacturer, importer, or supplier, and to which the complaint is granted by the manufacturer, importer, or supplier. The Buyer can enter only those damage claims which the Seller can enter against the manufacturer, importer, or supplier.
5.2 The Seller bears no responsibility for any defective goods, including those under warranty, and is in no way obliged to comply with the Buyer’s claims and requests if these are not granted by the manufacturer, importer, or supplier of the goods. The Buyer is not entitled to enter any damage or warranty claims against the Seller which would not be granted by the manufacturer, importer, or supplier. The Seller is under no obligation to satisfy the Buyer’s claims and requests if these would not be granted by the manufacturer, importer, or supplier to the Seller.
5.3 The Seller is always entitled to replace a piece of goods with a new one, regardless of the nature of the defect being claimed. If the piece of goods cannot be replaced with a new one, the Seller is always entitled to settle the complaint by offering a purchase price discount to the Buyer, or by reimbursing the Buyer for the purchase price. The Seller will issue a correction tax document on the purchase price discount or on the reimbursed purchase price. The options listed in this article constitute a right only, never a responsibility on the part of the Seller, and the Buyer is not authorised to demand that the Seller exercise or perform them.
5.4 Any claims of defective goods as per Sections 436 and 437 of the Commercial Code are excluded.
5.5 If the goods are to be replaced, the Seller will dispatch the replacement goods to the Buyer as soon as possible after the goods being returned are delivered to the Seller.
6 The scope of warranty, and exemptions
6.1 The length of the warranty period and its start are governed by GTC.
6.2 The warranty and responsibility for defects do not apply to any defects or damage to the goods which were caused (i) by any use, maintenance, or repair of the goods which were contrary to the instruction manual, the goods’ documentation, the general rules and conditions for using the goods, or by any unqualified action on the part of the Customer or third parties, including unauthorised repair shops, (ii) as a result of any external damage to the goods, (iii) as a result of using pirated, unauthorised, or incorrect software, by computer viruses, malware, adware, or other malicious programmes or codes, (iv) as a result of using unauthorised and unoriginal consumer materials, primarily unoriginal cartridges and printing paper, (v) by using the goods in improper conditions and places, especially in unsuitable temperatures, where there is humidity or dustiness, or where there are unsuitable chemical, physical, or mechanical influences, (vi) by overloading the goods, (vii) neglecting to take care of the goods and maintain them, (viii)plugging the goods into the mains which does not comply with the standards set for the goods, or (ix) by force majeure.
6.3 Furthermore, the warranty and responsibility for defects do not apply to pre-owned or clearance goods or to any goods where the Seller stipulated a warranty exemption, regardless of the reason for it. The Seller can provide a warranty for goods described in this Article, but is under no obligation to do so.
6.4 Furthermore, the warranty and responsibility for defects do not apply if the serial number of the goods has been removed or damaged and if the seals or other means of protection meant to close the goods have been removed or damaged. The warranty and responsibility for defects also do not apply to any goods which were used up and ran on batteries.
6.5 Furthermore, the warranty and responsibility for defects do not apply to any faults and damage that are a result of a delayed warranty claim of a fault or damage to which the warranty would otherwise apply and where a timely warranty claim would have prevented the fault from spreading or new faults and damage from occurring.
6.6 The Seller is not entitled to return the goods and enter claims of damage or warranty if they (i) used the goods up, damaged them, or otherwise prevented them from being used any further, or (ii) if the goods are a computer programme, audio-visual work, audio-visual recording of an artistic performance, or a multimedia work which the Customer unpacked or whose means of protection they removed, (iii) if the goods cannot be returned due to their properties, (iv) if they deteriorate quickly, or (v) if they were produced for the Customer based on their requirements, or if they are intended for that particular Customer only.
6.7 In the event the goods comprise a piece of software, the warranty applies only to the data media on which the software in question is recorded. The Seller is in no way responsible for any defects in the software itself. Removing the protective means of the data media makes all rights as well as the option to return the software to the Seller void.
7 Final provisions
7.1 The Seller has a right to make unilateral amendments to this Return Policy. Any amended Return Policy will be published on the website (www.a-viac.eu) one (1) month before the day it comes into effect at the latest. If possible, the Seller will notify their business partners of any changes by electronic mail.
7.2 In case the Parties concluded a Framework Agreement, the Buyer can terminate this Framework Agreement if they do not consent to a Return Policy amendment, provided that they give a three-months’ notice which starts on the first day of the calendar month that comes immediately after the calendar month of the notice’s delivery to the Seller. According to this Article, the Buyer can terminate the Framework Agreement only until the date when the Return Policy comes into effect; if they fail to avail themselves of their right to give notice within this period, it is understood to mean that they consent to the Return Policy amendment.
7.3 This Return Policy comes into effect on the 1st of September 2018.