Warranty Claim Policy
I. General Provisions
The Warranty Claim Policy is an integral part of the General Terms and Conditions (hereinafter referred to as the "GTC") of the seller Portelino s. r. o., with its registered office at Jozefa Adamca 9983/24, Trnava 917 01, CRN: 56 394 918, registered in the Business Register of the Trnava County Court, section: Sro, file No.: 57145/T, and describes the procedure for handling warranty claims for goods purchased from the seller. The basic framework for the warranty claim process is governed by the GTC.
The buyer, who may be either a business entity or a consumer, is required to familiarize themselves with the Warranty Claim Policy and the General Terms and Conditions before placing an order. Additionally, the buyer acknowledges their obligation to provide the seller with the necessary cooperation to handle the warranty claim. Failure to do so will result in the deadlines being extended by the time during which the buyer did not provide the required cooperation.
By concluding the purchase contract and accepting the goods from the seller, the buyer agrees to this Warranty Claim Policy. If a term is not defined in this Warranty Claim Policy, it is understood as defined in the GTC. If it is not defined there either, it is understood as per the meaning given in the applicable and effective legal regulations.
For business entities, the moment of accepting the goods is when the seller hands it over to the buyer or the first carrier. For consumers, the moment of accepting the goods is when the consumer receives it from the seller or from the carrier.
The buyer who is not a consumer is only entitled to the rights set forth in point 3.1 of this Warranty Claim Policy, and the seller does not provide any warranty period for any goods to such a buyer in accordance with the provisions of the Commercial Code. Therefore, only liability for any defects is applicable according to the general provisions of the Commercial Code. Obligations of such a buyer (business entity) are governed by the provisions of this Warranty Claim Policy.
II. Warranty Duration
As proof of the warranty, the seller issues a purchase document (invoice) for each purchased item, which includes all the legally required information for making a warranty claim (including the product name, warranty duration, price, quantity, and serial number).
Upon the buyer's express written request, the seller will provide the warranty in writing (warranty certificate). However, as a standard practice, if the nature of the product allows, the seller issues a purchase document containing the necessary details instead of a warranty certificate.
If necessary due to the provided warranty, the seller will clearly explain the terms of the warranty in the warranty certificate, stating its scope, conditions, duration, and the procedure for making claims. In the warranty certificate, the seller will also state that the application of the warranty does not affect the rights of the buyer related to the purchase.
The extended warranty must always comply with the warranty terms and conditions set by the manufacturer and any related advertising. In such cases, the warranty certificate will always include the aforementioned details and will be produced in accordance with the terms and conditions outlined above.
Warranty period generally begins on the day the buyer accepts the goods.
Warranty Period is:
- for new goods - 24 months, unless a specific legal regulation establishes a longer period;
- for like-new goods - 21 months (like-new goods mean used goods that have undergone an inspection by our experts and are marked as such);
- for used goods - 12 months (used goods mean items marked as such, which are used or repaired but are free from defects, and the completeness of the packaging does not prevent full use of the product).
For consumables (e.g., food, cosmetics, cleaning products, dietary supplements, etc.), the buyer is entitled to claim a defect within twenty-four (24) months. However, if the product does not have an expiration date, the warranty period is shortened to the date marked on the product packaging.
For a business buyer, the deadline for making a warranty claim may be adjusted differently, if expressly stated for the specific type of goods, in which case the stated deadline takes precedence.
The warranty period is further extended by the time the goods were under warranty claim. The rights related to the liability for defects in goods covered by the warranty will expire if not claimed within the warranty period.
When the buyer is a consumer, claims within the statutory warranty period are governed by Act No. 40/1964 Civil Code, and Act No. 250/2007 Consumer Protection Act, both as amended, with consideration given to the clarifications in this Warranty Claim Policy. For extended warranty periods, claims are governed exclusively by this Warranty Claim Policy.
III. Warranty Conditions and Claim Procedure
The rights and obligations of the contractual parties regarding liability for defects are governed by the relevant generally binding legal regulations. The buyer is entitled to file a defect liability claim with the seller at the address provided in these GTC under “Contact Details,” unless otherwise agreed with the seller.
If the product (food, alcoholic, or non-alcoholic beverages) has an expiration date or a minimum shelf-life date marked on its packaging, the buyer must assert their rights related to defect liability without delay, and no later than the expiration or minimum shelf-life date, directly with the seller. For perishable goods, defect liability claims must be raised no later than the day following the buyer's receipt of the order; otherwise, the rights will expire.
For defects in goods that are claimed in a timely manner, the buyer is entitled to the following:
For removable defects: The buyer has the right to request that the defect be remedied free of charge, properly, and promptly, or that the defective item be replaced with a defect-free item. The seller is obligated to remedy the defect or replace the defective item with a defect-free one without undue delay. The seller is always entitled, at their discretion, to replace the defective item with a defect-free one. However, the seller is not obligated to replace the item if doing so would incur disproportionate costs considering the price of the goods or the severity of the defect.
For a removable defect that prevents the item from being properly used as a defect-free item:
- The buyer is entitled to request a replacement of the item or to withdraw from the contract. The buyer has the same rights if the same defect reoccurs after repair (where recurrence is understood as occurring after at least two repairs) or if the item has multiple different defects (defined as at least three defects).
- For an irremovable defect that does not prevent the item from being properly used as a defect-free item:
The buyer is entitled to an appropriate price discount, depending on the nature and severity of the defect.
The warranty does not cover defects caused by normal use or wear and tear, as well as defects present at the time of sale that the buyer did not bring to the seller's or carrier's attention upon receipt of the goods.
The buyer is required to store the purchased goods according to the manufacturer's instructions in the user manual or in a manner typical and appropriate for the given type of goods. A warranty claim will not be accepted if the buyer has demonstrably failed to follow the manufacturer's instructions, or if the defect was caused by improper handling or storage by the buyer.
A warranty claim does not suspend the due date for the purchase price.
The buyer is entitled to claim the warranty from the seller only for goods that exhibit defects caused by the manufacturer, supplier, or seller, for which the warranty applies, and that were purchased from the seller. The buyer is required to file a warranty claim with the seller within the warranty period specified in this Warranty Claim Policy; otherwise, the buyer loses the right to a free defect remedy from the seller.
The buyer is not entitled to claim a warranty for defects that the seller pointed out at the time of the contract conclusion, or defects that, considering the circumstances under which the purchase contract was concluded, the buyer should have known.
The buyer is required to inspect the goods upon receipt. If the buyer fails to do so, they may only assert claims for defects discovered during this inspection only if they can prove that these defects were present at the time of receipt.
The seller is responsible for defects in the goods. During the warranty period, the buyer is entitled to have the defect remedied free of charge after presenting the goods, including accessories, documentation, and the user manual to the seller's authorized representative, along with the warranty certificate and proof of payment. If the goods show defects, the buyer has the right to submit a warranty claim to the seller by delivering a written claim to the seller's postal address or sending it electronically via email. The buyer is required to precisely specify the type and extent of the defects in the goods in their written warranty claim.
The warranty process for goods that can be objectively delivered to the seller begins on the day when all the following conditions are met:
Delivery of the written warranty claim from the buyer to the seller, delivery of the defective goods from the buyer to the seller.
The warranty process for goods that cannot be objectively delivered to the seller and are permanently embedded begins on the day when all the following conditions are met:
Delivery of the written warranty claim from the buyer to the seller, inspection of the defective goods by a third party designated by the seller, who will issue a written confirmation of the inspection to the buyer.
The beginning of the warranty process is also the day the warranty claim is submitted. The claimed goods must be delivered to the seller's postal address, unless the seller specifies otherwise (e.g., delivering the goods directly to the service center). The seller will issue a receipt of the warranty claim to the buyer on the day the claim is received, in a form chosen by the seller, e.g., by email or in writing, and must clearly specify the defects in the goods.
The seller is required to accept the warranty claim at the designated location, which is the postal address and business premises in accordance with Section 18, par. 2 of the Consumer Protection Act, during regular business hours, or outside business hours if agreed upon with the buyer, either in writing or orally. At the location designated for accepting warranty claims, the seller must ensure the presence of the person authorized to handle claims in accordance with Section 18, par. 3 of the Consumer Protection Act.
The seller must resolve the warranty claim within 30 days from the start of the claims process. The time needed for expert assessment of the defect is not included in this period. However, the resolution of the warranty claim must not take longer than 60 days. If the resolution of the warranty claim takes longer than 60 days, the buyer will have the same rights as if the defect were one that cannot be remedied.
The seller will notify the buyer of the outcome of the warranty claim within the statutory period, in writing (via email or postal mail). All properly claimed warranty repairs are free of charge. If the seller or a third party performing the product service determines that the claim is not justified, the buyer may send the goods at their own expense for expert assessment by an expert, authorized, notified, or accredited person. If the expert assessment determines that the warranty claim by the buyer is unjustified, that the seller is not liable for the defect, or that the goods have no defects, the buyer shall bear all costs incurred by the seller, the third party performing the service, or the expert, authorized, notified, or accredited person, including those costs related to the transport of the goods between the buyer, seller, the third party performing the service, and the expert, authorized, notified, or accredited person, as well as all costs associated with the assessment of the warranty claim by the seller, third party performing the service, or the expert, authorized, notified, or accredited person. The buyer must settle these costs within 30 days from the receipt of the list of costs for the unjustified warranty claim, to the account specified by the seller or in cash.
The buyer's right to claim the warranty with the seller expires in the following cases:
- upon the expiration of the product's warranty period,
- due to mechanical damage caused by the buyer or improper operation or storage of the product in unsuitable conditions,
- failure to report apparent defects upon receipt of the goods,
- using the product in conditions that do not correspond to its natural environment in terms of humidity, chemical, or mechanical influences,
- failure to present the proof of payment, delivery note or warranty certificate, or accessories or documentation, if provided to the Seller with the product,
- improper handling, operation, or neglecting the care of the product,
- damage caused by accidental spoilage and random deterioration,
- damage caused by unavoidable and/or unforeseeable events,
- damage due to excessive loading or use contrary to the conditions outlined in the documentation, general principles, technical standards, or safety regulations applicable in Slovakia,
- by an unauthorized person tampering with the product,
- by improper handling, damage during transportation, water damage, fire, static or atmospheric electricity, or other acts of force majeure,
- by failing to comply with the obligations or instructions outlined in this section of the GTC.
The choice of how to resolve the warranty claim will be made by the buyer. The seller will notify the buyer of any issues with their chosen method and suggest a suitable way (particularly in cases where the buyer requests a solution for a repairable defect, but the seller determines the defect is irreparable). If the consumer does not choose a resolution within the reasonable time frame provided by the seller, the seller will choose it.
In the case of a discount, the goods cannot later be claimed for defects for which the discount was granted.
The seller will issue a written confirmation to the consumer regarding when the warranty claim was made, the content of the claim, the requested resolution method, and this will be sent via email immediately upon receiving the claim (in the case of an in-person claim, it will be provided immediately). Additionally, the seller will provide confirmation of the date and method of resolving the claim, including confirmation of the repair performed and the duration of the claim process, or, if the claim is denied, the reasons for rejection.
- 1 Warranty Terms and Claim Handling Process for Non-Consumer Buyers (Business Buyers)
If the buyer (customer, purchaser, client) is not a consumer, the seller does not provide any warranty period for the goods in accordance with the provisions of the Commercial Code. Therefore, only liability for any defects is applicable according to the general provisions of the Commercial Code.
If the buyer is a business, the seller commits to deciding on the warranty claim within 40 days following the claim submission. The buyer will be informed of this decision via the contact email.
If the defect is repairable, the goods will be repaired. If repair is not possible and the nature of the defect does not prevent normal use, the seller and the buyer may agree on a reasonable price discount of the goods. In the case of a discount, the defect cannot be claimed later.
If the defect is irreparable and prevents the goods from being properly used as defect-free, the seller is entitled to replace the defective goods with goods of the same or similar functional features or issue a credit note.
If the warranty claim is resolved by replacing the goods with new ones within the statutory warranty period, the warranty period is extended by the duration of the claim process.
In case the claimed goods are not collected within one month from the expiry of the period when the claim should have been resolved, and if it was resolved later, within one month from the notification of its resolution (i.e., typically within 60 days from the date the warranty claim was submitted), the seller is entitled to charge a storage fee of €0.50 per day, including VAT, at the time of handing over the goods.
If the buyer does not collect the goods within six months from the date they were required to collect them, the seller has the right to sell the goods. The seller will inform the buyer about the intended sale and provide a reasonable additional period for collecting the goods. If the goods are sold, the seller will pay the buyer the proceeds from the sale after deducting the cost of repair or modification, storage fees, and sales expenses. The right to the proceeds from the sale must be claimed by the buyer from the seller.
- 2 Common Provisions
Upon resolving a justified warranty claim, the warranty period is extended by the duration of the claim process. In the case of an unjustified warranty claim, the warranty period is not extended. The duration of the claim process is calculated from the day following the claim submission until the day the claim is resolved, i.e., the day the buyer is required to collect the goods. The customer is notified of the resolution via the email address provided at the time of purchase.
If the buyer is fully registered (name, surname, address, and contact email), the seller, as part of the approved claim, issues a credit note (corrective tax document) and refunds the credited amount via special gift vouchers. These vouchers can be used to purchase products on the seller’s website, which the buyer agrees to by concluding the purchase contract.
After the resolution of the claim, the seller will notify the buyer of its conclusion either by phone, SMS, or email. No later than 30 days from the date the claim was submitted, the seller will issue a written confirmation of the claim resolution. If the goods were sent via a delivery service, they will be automatically shipped to the buyer’s address after the claim is resolved.
The buyer is required to inspect the received goods and verify their compliance with the warranty claim release form. The buyer must also check the completeness of the goods, ensuring that the package contains everything it should. Later objections will not be considered. These arrangements do not affect the statutory period for exercising rights arising from defective performance.
When collecting goods after the resolution of a warranty claim or receiving a credit note refund, the buyer is required to present the document based on which the goods were accepted for the claim process and must verify their identity with an ID card or valid passport. If the buyer is a legal entity, the goods collection or credit note refund will only be permitted to the statutory representative of the legal entity or a person presenting a notarized power of attorney.
IV. Consumables
If the purchased item is consumable material (e.g., food, batteries, various types of lighting, dietary supplements, cosmetic products, etc.) or if this material is part of the purchased goods, the term "lifetime" is used instead of "quality warranty." The lifetime can be specified in time, product duration, number of uses, or number of printed pages, or it can be specified in a similar way. More than one of these lifetimes may be specified for a product. In order to successfully submit a warranty claim, all of the specified conditions must be met.
The buyer's right to claim warranty within the statutory warranty period is not affected by this. However, the buyer must consider the facts above, as the warranty does not cover wear and tear caused by normal use of the item, and it cannot be confused with the product's lifetime. The product lifetime represents its susceptibility to wear caused by normal use. If you use (not own) the product for longer than its usual lifetime, it is likely that the defect is a result of normal wear, although it is not excluded that it could actually be a warranty defect.
V. Final Provisions
This Warranty Claim Policy has been effective since October 1, 2024, and voids the validity of previous Warranty Claim Policies. This Warranty Claim Policy is available at the seller's registered office and business premises, or on the website www.portelino.com.