Return policy

Return policy

I. Introduction

I.1. By this complaint procedure, OP Health Care s.r.o., with its registered office at Kukučínova 847/18, 972 01 Bojnice, Slovakia Identification Number: 52 206 157, registered in the Commercial Register of the District Court Trenčín, Section: Ltd., File No .: 37748 / R (hereinafter referred to as " OP Health Care s.r.o. ") in accordance with Section 18 (1) of Act No. 250/2007 Coll., On Consumer Protection and on Amendment to Act of the Slovak National Council No. 372/1990 Coll., On offenses, as amended (hereinafter referred to as" the Consumer Protection Act ") duly informs the consumer (the" consumer "or" the buyer ") about the conditions and method of exercising the rights of liability for defects (hereinafter the" complaint "), including information on where he can make a complaint and warranty repairs.
I.2. These Complaints Procedure Rules are issued in accordance with Act no. 40/1964 Coll. The Civil Code (hereinafter referred to as the "Civil Code"), the Consumer Protection Act, and other generally binding legal regulations of the Slovak Republic.
I.3. These Complaints Procedure Rules are issued on a visible place accessible to the customer, on the website of OP Health Care s.r.o.: www.vitiligoshop.sk and www.vitiligoshop.cz and in every establishment of OP Health Care s.r.o.

II. Liability for defects in the sold item

II.1. OP Health Care s.r.o. is responsible for the defects that the goods have on the takeover by the buyer (§ 619 (1) of the Civil Code) and for defects that occur after the takeover of the goods within the warranty period (§ 619 (2) of the Civil Code). The warranty period is 24 months (Section 620 (1) of the Civil Code).
II.2. In cases of products sold at a lower price due to a defect, the warranty period is 24 months, however, OP Health Care s.r.o. is not responsible for a defect for which a lower price was agreed (Section 619 (1) of the Civil Code).
II.3. The warranty period for used items is 12 months (Section 620 (2) of the Civil Code).
II.4. By declaration in the warranty letter issued to the buyer or in the advertisement, OP Health Care s.r.o. can provide a guarantee exceeding the scope of the warranty stipulated by law, the conditions and scope of this warranty being determined by OP Health Care s.r.o. in the warranty certificate (§ 620 paragraph 5 of the Civil Code).
II.5. Warranty periods start to run from the date of the goods takeover by the buyer (§ 621 of the Civil Code). If the purchased goods are to be put into operation by an entrepreneur other than OP Health Care s.r.o., the warranty period shall commence only from the date of its commissioning, if the buyer ordered commissioning no later than 3 weeks after receiving of the goods duly and timely (Section 621 of the Civil Code).
II.6. The period from the enforcement of the right from liability for defects until the time when the Buyer was obliged to take over the product after the repair was completed does not count towards the warranty period (Section 627 (1) of the Civil Code). If the goods are exchanged, the warranty period begins to run again from the receipt of new goods (Section 627 (2) of the Civil Code).
II.7. The rights arising from liability for defects of the goods for which the warranty period applies shall expire if they were not enforced within the warranty period (Section 626 (1) of the Civil Code).
II.8. Rights of liability for defects in cases of perishable goods must be exercised no later than the day following the purchase; otherwise the rights will expire (Section 626 (2) of the Civil Code).
If OP Health Care s.r.o. offers to the customer free of charge additional goods as a gift to the sold goods, it is up to the customer whether the offered gift will be accepted. However, the gift is not a sold product, therefore OP Health Care s.r.o. is not responsible for its possible defects. However, if OP Health Care s.r.o. is aware of any defects in the gift, it is obliged to notify the customer of the gift (§ 629 of the Civil Code). If the gift has defects that OP Health Care s.r.o. did not notify the customer of, the customer is entitled to return it (Section 629 of the Civil Code). If the customer has the right to withdraw from the contract (refund), the customer is obliged to return to OP Health Care s.r.o. everything received under the contract, including goods received as a gift (Section 457 of the Civil Code in conjunction with Section 48 (2) of the Civil Code).

III. Enforcement of rights from liability for defects (complaints)

III.1. OP Health Care s.r.o. is obliged to accept the complaint via the Internet form on the website of OP Health Care s.r.o.: www.vitiligoshop.sk and www.vitiligoshop.cz and in any establishment in which acceptance of the complaint is possible with respect to the products or services sold, or for a designated person (Article 18 (2) of the Consumer Protection Act). If another warranty repairer ("Warranty Service") is listed in the Warranty Certificate, which is closer to OP Health Care s.r.o. or to the Buyer, the Buyer shall exercise the right to repair in this Warranty Service (Section 625 of the Civil Code).
III.2. Other rights arising from liability for defects is the right to repair goods, the right to exchange goods, the right of withdrawal (refund) and the right to a reasonable discount, the buyer exercises through the Internet form on the website OP Health Care s.r.o.: www.vitiligoshop.sk and www.vitiligoshop.cz and any OP Health Care s.r.o. establishment.
III.3. OP Health Care s.r.o. or its authorized employee or other obliged person designated for repair is obliged to settle the claim immediately, in complicated cases no later than 3 working days from the date of the claim, in justified cases, especially if a complex technical evaluation of the condition of the product or service is required. no later than 30 days from the date of claim. Once the method of handling the complaint has been determined, the complaint shall be settled immediately; however, the complaint must not be processed for more than 30 days from the date of the complaint. After the expiry of the period for settling the claim, the consumer has the right to withdraw from the contract or has the right to replace the product with a new product (Section 18 (4) of the Consumer Protection Act).
III.4. OP Health Care s.r.o. is obliged to issue a confirmation to the consumer when making a claim. If the complaint is made by means of remote communication, OP Health Care s.r.o. is obliged to deliver the confirmation of the claim immediately to the consumer; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the proof of complaint handling; the confirmation of the claim does not have to be delivered if the consumer has the possibility to prove the claim in another way (Section 18 (8) of the Consumer Protection Act).
III.5. OP Health Care s.r.o. is obliged to issue a written document no later than 30 days from the date of claim (Section 18 (9) of the Consumer Protection Act).
III.6. If the consumer has made a claim for the product within the first 12 months of purchase, OP Health Care s.r.o. can handle the claim by refusing only on the basis of expert judgment. OP Health Care s.r.o. shall provide the consumer with a copy of the expert opinion justifying the rejection of the claim no later than 14 days from the day the claim is settled (Section 18 (6) of the Consumer Protection Act).
III.7. If the consumer filed a claim after 12 months from the purchase and OP Health Care s.r.o. rejected it, the person who handled the claim is obliged to indicate in the document on the claim settlement to whom the consumer can send the product for professional assessment (Section 18 (7) of the Protection Act). consumer).
III.8. The consumer has the right to return a product that is unsafe to OP Health Care s.r.o. If the consumer exercises this right, OP Health Care s.r.o. is obliged to withdraw such a product and to return the purchase price of the product to the consumer, including purposefully incurred costs, which the consumer is obliged to prove, within three working days at the latest. The manufacturer or importer is obliged to withdraw a product that is dangerous even if the consumer does not have proof of purchase (Section 6 (7) of the Consumer Protection Act).

IV. Conditions and methods of complaint

IV.1. The consumer can complain about the product purchased from OP Health Care s.r.o. in any establishment in which acceptance of the claim is possible with regard to the products or services provided (Section 18 (2) of the Consumer Protection Act).
IV.2. When submitting the goods for complaint, the consumer is obliged:
a) to present proof of purchase in the form of a cash register, or to prove that the goods were purchased from OP Health Care s.r.o. in any other way without doubt;
b) to submit the claimed matter for assessment;
c) submit a warranty card - in the case of a claim for a thing for which a warranty card was issued at the time of purchase, when the goods bearing the warranty card must meet the other conditions for the warranty claim stated in the warranty card;
d) to present the original packaging of the claimed goods - if possible, depending on the type of the claimed goods;
e) provide the necessary cooperation to properly handle the complaint, such as providing the necessary data, filling in forms, etc.

V. Form of complaint handling

V.1. If the defect is removable, the Buyer has the right to remove it free of charge, in a timely and proper manner. OP Health Care s.r.o. decides on the method of removing the defect and is obliged to remove the defect without undue delay (Section 622 (1) of the Civil Code).
V.2. Instead of removing the defect, the Buyer may require replacement of the goods or, if the defect concerns only a part of the goods, the replacement of this part if OP Health Care s.r.o. does not incur disproportionate costs with regard to the price of the goods or seriousness of the defect.
V.3. Instead of removing the defect, OP Health Care s.r.o. can always replace defective goods with non-defective goods, unless this causes the buyer serious difficulties (Section 622 (3) of the Civil Code).
V.4. If it is a defect that cannot be remedied and which prevents the goods from being properly used as a defect-free goods, the buyer has the right to exchange the goods or the right of withdrawal (Section 623 (1) of the Civil Code). If the goods have defects that are irremovable, the consumer is entitled to a reasonable discount from the price.
V.5. The buyer has the right to exchange goods or the right of withdrawal even if it is a removable defect, but if the buyer can not properly use the goods after the repair (§ 623 paragraph 1 of the Civil Code). Recurrence of a defect after repair is considered to be the condition if the same defect occurs three times after its at least two previous repairs, based on a complaint with OP Health Care s.r.o.
V.6. The buyer has the right to exchange goods or the right to withdraw from the contract even if it is a removable defect, but if the buyer cannot use due to a number of defects properly. A greater number of defects are considered at least three different removable defects, each of which prevents proper use (Section 623 (1) of the Civil Code).
V.7. If it is an irremovable defect that does not prevent proper use of the goods, the buyer is entitled to a reasonable discount on the price of the product (§ 623 paragraph 2 of the Civil Code).
V.8. If the buyer has the right to exchange goods or the right of withdrawal, it is up to the buyer which of these rights he exercises. However, once he chooses one of these rights, he can no longer unilaterally change that choice.
V.9. The consumer is obliged to pick up the item at the latest within one month of the expiry of the time when the repair or modification was to be carried out and, if later, within one month of being notified of the repair. If he fails to do so, he is obliged to pay a storage fee (Section 656 (1) of the Civil Code). If the consumer does not pick up the item within six months of the day he was obliged to pick it up, OP Health Care s.r.o. has the right to sell the item. If OP Health Care s.r.o. knows the address of the consumer and if it is a matter of greater value, OP Health Care s.r.o. is obliged to inform the consumer about the intended sale in advance and to give him a reasonable additional time for picking up the item (§ 656 paragraph 2 of the Civil Code). If a non-picked item is sold, it will be paid by OP Health Care s.r.o.

VI. Loss of rights from liability for defects

VI.1. Rights arising from liability for defects of a product for which the warranty period applies shall expire if they have not been exercised within the warranty period (Section 626 (1) of the Civil Code).
VI.2. Rights of liability for defects in cases of perishable goods must be exercised no later than the day following the purchase; otherwise the rights will expire (Section 626 (2) of the Civil Code).
VI.3. In the case of a used item, the rights from liability for defects shall expire if they have not been claimed within 24 months from the date of receipt of the used item by the buyer (Section 626 (3) of the Civil Code).

VII. Alternative dispute resolution

VII.1. Pursuant to Act no. 391/2015 Coll. alternative dispute resolution of consumer disputes and amending and supplementing certain laws (hereinafter referred to as "ADR"), it is possible for disputes between OP Health Care s.r.o and the buyer as a consumer to be resolved alternatively through the ADR entity subject to the ADR procedure.
VII.2. The consumer has rhe right to appeal to OP Health Care s.r.o. for redress if he is not satisfied with the way OP Health Care s.r.o. settled his claim or if he considers that OP Health Care s.r.o. has violated his rights (§ 11 (1) of the ADR).
VII.3. The consumer has the right to submit an alternative dispute resolution to the ADR entity (hereinafter referred to as "ADR entity") if OP Health Care s.r.o. has refused to respond to the request pursuant to paragraph 1 or has not responded to it within 30 days of the date of dispatch. § 11 of the 2 ARS).
VII.4. ADR entities are public authorities (e.g. the Regulatory Office for network industries Regulatory Authority for electronic communications and postal services, or Slovak Trade inspection) and other competent authorities, when the ADR entities has The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk (§ 3 ADR).
VII.5. Further information on the procedure and conditions for ADR is available on the ADR entities' website and is also provided by ADR.
VII.6. In the event that the dispute in question is a cross-border dispute, the consumer has the right to contact the European Consumer Center to provide him with an address for service, an e-mail address or a telephone contact to the ADR entity competent to settle his dispute.
VIII. Final provisions

VIII.1. The consumer may lodge his complaints with the supervisory authority, which is, unless otherwise specified, the Slovak Trade Inspection (Section 20 (1) of the Consumer Protection Act).
VIII.2. The consumer may lodge his complaints with the competent supervisory authority.
VIII.3. These Complaints Rules come into force and effect on February 6, 2019. OP Health Care s.r.o. reserves the right to make changes to this complaint procedure without prior notice.

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