Returns and complaints
RETURN OF GOODS AND RIGHT TO WITHDRAW FROM THE CONTRACT
The right to a refund of the purchase price, warranty, material defects and improperly performed services are more precisely regulated by the provisions of the Consumer Protection Act (official consolidated text).
The buyer's right to withdraw from the contract
In the case of contracts concluded at a distance, the buyer or the consumer has the right to notify the provider within 14 days that he withdraws from the contract without having to give a reason for his decision. A message is considered timely if the shipment is sent by the expiration of the 14-day period stated above. The only cost charged to the buyer in connection with withdrawal from the contract is the direct cost of returning the goods. The buyer cannot claim reimbursement of additional costs incurred if he expressly decided on a different type of shipment than the most affordable standard shipment offered by the provider.
The buyer fills in the Form for withdrawing from the contract (or writes a statement himself with all the information required in the form) and sends it to the provider by e-mail at the address firstname.lastname@example.org or by registered mail at the address Vidax d.o.o., Gosposvetska 40, 2000 Maribor. The provider immediately confirms to the buyer the receipt of the notice of withdrawal from the contract on a permanent data carrier.
When is the deadline for withdrawing from the contract
The deadline for withdrawing from the contract for the supply of goods begins on the day when the buyer or a third party other than the carrier named by the buyer acquires actual possession of the goods. If the subject of the contract is several pieces of goods or if the delivery consists of several shipments or pieces, the period for withdrawing from the contract begins to run when the buyer or a third party other than the carrier named by the buyer acquires actual possession of the last piece of goods or last shipment.
Return of goods
If the buyer has already received the goods and withdraws from the contract, he returns or hands them over to the provider or a person authorized by the provider to receive the goods, immediately or at the latest within 14 days after he has sent the provider a notice that he withdraws from the contract, unless the provider offers the customer to pick up the returned goods himself. It is considered that the buyer returns the goods on time if he sends them before the 14-day return period expires.
The buyer can return the goods to the provider:
- by post or via another delivery service to Vidax d.o.o., Gosposvetska 40, 2000 Maribor
If the buyer withdraws from the contract, the provider shall return all payments received without undue delay and in any case no later than 14 days from the date of receipt of the notice of withdrawal from this contract. The provider returns the received payments to the buyer with the same means of payment that the buyer used, unless the buyer explicitly requested the use of another payment method and the buyer does not bear any costs as a result.
The provider can withhold the refund of the received payments until the returned goods are accepted or until the buyer provides proof that he sent the goods back.
Limitations and requirements for exercising the right to withdraw from the contract
The buyer is responsible for the decrease in the value of the goods, if the decrease in value is the result of conduct that is not absolutely necessary to determine the nature, properties and functioning of the goods.
The buyer must return the goods to the provider undamaged, unused (it can only be used to the extent specified in the previous sentence) and in the same quantity. The buyer may inspect and test the received product only to the extent that is absolutely necessary to determine the actual condition (nature, properties, operation of the product) and as is usually the case in stores. Any testing that deviates from the above is considered to be a use of the product, which means that the buyer thereby loses the right to withdraw from the contract. If the subject of the return is a product purchased as a set, all pieces of the set must be returned. The return of individual pieces of the set is not allowed. The buyer is obliged to attach to the goods all accompanying documents that he received together with the goods (e.g. instructions for use, certificates, warranty cards, etc.). Until the delivery of the goods to the provider or a person authorized by the provider, the buyer bears the burden of the risk of loss, damage or destruction of the product that he wants to return, unless this occurred through no fault of his.
In order to make it easier and faster to carry out all the necessary activities related to withdrawal from the contract and its consequences, it is desirable that the buyer attach a copy of the invoice and a copy of the notice (or completed form) about withdrawal from the contract to the goods. It is also preferred that the products be returned in their original packaging.
Withdrawal from the contract and the possibility of refund, in addition to other cases that are explicitly listed in the Consumer Protection Act, do not apply to:
- for goods that are perishable or that expire quickly,
- for software, audio and video carriers, if the buyer has opened the security seal,
- for sealed goods that are not suitable for return due to health protection or hygiene reasons, if the buyer has opened the seal after delivery.
- for food products that are not suitable for return due to health protection or hygiene reasons (e.g. if the customer has opened the product after delivery)
- for products made to order (personalized products, etc.) or for goods that are manufactured according to the buyer's exact instructions and adapted to his personal needs
- for goods which, due to their nature, are inseparably connected with other objects.
Returning an item for legal entities
If you want a business account, you accept the terms of business that apply to businesses. We allow companies, independent entrepreneurs and other legal entities to return shipments of items within the warranty conditions. Legal entities do not have the option of withdrawing from the contract within 14 days or refunding the purchase price, as is the case for consumers (natural persons). For any additional questions, please email us at email@example.com. We will be happy to answer you.
Treatment of damaged shipments (compensation)
If, upon receiving the shipment, you noticed that the item or shipment is physically damaged, its contents are missing, or it shows signs of being opened, you can file a claim for compensation with GLS.
If the package was delivered to you by GLS and you find that the item or physical shipment is damaged, missing contents, or shows signs of being opened, you can file a claim for compensation. Damage must be reported within 7 calendar days from the date of receipt of the package to the e-mail firstname.lastname@example.org. When reporting damage, we will also need photos of the package, (inner) packaging, damaged item, GLS sticker and a description of the damage. You can also arrange with the clerk to pick up the damaged package at your address.
A factual error
Definition of factual error
The provider is responsible for material defects of the product. A fault is real if:
- the product does not have the properties necessary for its normal use or for circulation,
- the product does not have properties that are necessary for the specific use for which the buyer is buying it, but which the seller was aware of or should have been aware of,
- the product does not have properties and features that have been explicitly or tacitly agreed or prescribed.
- if the tenderer has delivered a product that does not match the sample or model, unless the sample or model has been shown for notification purposes only.
Product Eligibility Check
The suitability of the product for normal use is checked against ordinary goods of the same type and taking into account the provider's statements about the product's characteristics, which were given by the provider or the manufacturer through advertising, product presentation or by indications on the product.
Enforcement of rights arising from material error
The buyer can exercise his rights due to a material defect if he informs the seller about the defect within two (2) months from the day the defect was discovered. The buyer must accurately describe the defect in the defect notification and allow the seller to inspect the item. The seller is not responsible for material defects in the goods that become apparent after two (2) years have passed since the item was delivered. A defect in the goods is considered to have already existed at the time of delivery if it appears within six (6) months of delivery.
The buyer, who correctly informed the seller about the defect, has the right to request from the seller one of the following options: 1) to eliminate the defect in the goods, 2) to return part of the amount paid in proportion to the defect, 3) to replace the defective goods with a new one faultless goods or 4) to return the amount paid to him. In any case, the buyer also has the right to demand compensation from the seller for damages, and in particular the reimbursement of the costs of materials, spare parts, work, transfer and transportation of products, which arise as a result of fulfilling the obligations from the previous sentence.
If the existence of a defect in the goods or the product is not disputed, the seller must comply with the buyer's request as soon as possible, but no later than within eight (8) days. If the existence of a defect in the goods or the product is disputed, the seller must respond to the buyer's request in writing no later than eight days after receiving the buyer's request.
Responsibilities of the seller or the provider is not responsible for material defects in cases arising from the buyer's (or third party's) sphere, especially if they arise due to improper use, mechanical damage or unauthorized interventions (e.g. repairs, processing, opening the case, disassembling the goods or product, ...).
The buyer fills in the Form for the enforcement of consumer rights upon finding a material defect in the product (or writes a statement with all the information required in the form) and sends it together with the product on which the material defect is claimed to the provider or to the seller by registered mail (or by delivery service) to the seller's address or provider Vidax d.o.o., Gosposvetska 40, 2000 Maribor.
The right to assert a material defect in the item and the provider's responsibility for material defects are more precisely regulated by the provisions of the Consumer Protection Act and the Code of Obligations.
When the goods or product does not work flawlessly within the warranty period or does not have the characteristics specified in the warranty card or advertising message, the buyer can assert a claim under the warranty.
The buyer can claim the guarantee for products for which a guarantee is mandatory (the list of these products is determined by the Rules on goods for which a guarantee for flawless operation is issued, which can be found here: http://www.pisrs.si/Pis.web/pregledPredpisa?id=PRAV10954) and for those for whom a voluntary guarantee was given. For goods for which a warranty is issued, the seller must hand over to the buyer a warranty card with all legally prescribed information. The guarantee legally binds the guarantor under the conditions specified in the guarantee sheet and advertising message. The buyer can also assert rights from the warranty against the seller.
During the warranty period, the buyer can request the warranty provider (as well as the seller or authorized service) to repair the defect free of charge. If the defect cannot be rectified or if the defect is not rectified within a total period of 45 days from the day the seller, manufacturer or authorized service center received a request for defect rectification from the buyer, the manufacturer must replace the goods with identical, new and faultless goods free of charge to the buyer.
If the manufacturer does not repair or replace the goods with a new one within the period specified in the previous paragraph, the buyer may terminate the contract or request a reduction in the purchase price.
The manufacturer must issue a new warranty card for the exchanged goods or for the replacement of an essential part of the goods with a new one.
The buyer's rights under the guarantee expire after two years from the day when the buyer requested free of charge rectification of defects or replacement of goods with new ones.
What is the warranty claim procedure?
During the warranty period and under the warranty conditions, the buyer can request the repair of defects from the warranty provider with a written application (it is also possible by filling out the form attached below), and must submit both the product and the warranty and service certificate. It is recommended that he also attach a copy of the invoice, if he has it. In the case of a justified claim, the buyer does not incur any costs by correcting errors or replacing the product. Costs for material, spare parts, work, transfer and transport of products incurred during the elimination of defects or when replacing goods with new ones are paid by the manufacturer. If the seller, manufacturer or authorized service technician determines that the defect in the product was caused by improper behavior of the buyer (e.g. improper use, mechanical damage, tampering with the product, etc.), as a result of which it turns out that the warranty claim is unjustified, the sent the product back at the buyer's expense with a reasoned written notification of the rejection of the claim.
The buyer fills in the Form for asserting rights from the warranty (or writes a statement with all the information required in the form) and sends it together with the product on which he claims the warranty to the provider or to the seller by registered mail (or by delivery service) to the seller's address or provider Vidax d.o.o., Gosposvetska 40, 2000 Maribor.
The buyer can also assert warranty claims directly from the manufacturer or from an authorized service center.