WARRANTY TERMS AND CONDITIONS

for e-shop www.pow.sk

I. General Provisions

1.1. These Warranty Terms and Conditions are issued pursuant to Act No. 40/1964 Coll. of the

Civil Code as amended (hereinafter the "Civil Code"), Act No. 250/2007 Coll. on consumer

protection as amended (hereinafter the "Consumer Protection Act"), Act No. 102/2014 Coll. on

consumer protection in relation to sales of goods or provision of services based on distance or

off-premises contracts as amended and Act No. 22/2004 Coll. on electronic commerce as

amended. It regulates the legal relationship between the Seller:

1.2. The Seller is the following company:

Trading name: Mário Harman

Registered address: 92041 Leopoldov, Záhradnícka 698/38, Slovak Republic

Entered in the register of the District Office Trnava, Sole Trader, registration No.: 250-54454

Company registration No.: 55276270

Tax registration No.: 1085920121

Bank account: SK39 0900 0000 0052 0034 1961

The Seller is not registered for VAT (value-added tax).

(hereinafter the "Seller") and any person, a Buyer, who buys goods or services offered by the

Seller on the Seller's website and who acts as a consumer, as per the provisions of the General

Commercial Terms and Conditions published on the Seller's website. These Warranty Terms and

Conditions and the relevant laws that define a consumer as per the applicable legislation of the

Slovak Republic, especially the following laws: Act No. 102/2014 Coll. on consumer protection

in relation to the sale of goods or provision of services based on distance or off-premises

contracts as amended, Act No. 250/2007 Coll. on consumer protection as amended, and Act No.

40/1964 Coll. of the Civil Code as amended.

1.3. The Seller's email and telephone contact number are as follows:

Email: powerofwarrior2019@gmail.com

Phone No.: +421908109914

1.4. The correspondence address where documents, complaints, contract withdrawals etc. should

be sent is as follows:

Mário Harman – www.pow.sk, Záhradnícka 698/38, 920 41 Leopoldov, Slovak Republic

1.5. These Warranty Terms and Conditions regulate the rights and obligations of the Buyer who

is a consumer exercising their rights that have arisen as a consequence of defects in the items

(goods) or services under a distance sale contract concluded with the Seller through the Seller's

e-shop www.pow.sk.

1.6. A Buyer is any person (natural person or legal entity) who has concluded a sales contract

with the Seller, that being through the Seller's website, or any other means of distance

communication.

1.7. A consumer is a Buyer who is a natural person that after the conclusion of a sales contract,

through the Seller's website, does not carry out actions that might be considered to be business

activities.

1.8. These Warranty Terms and Conditions regulate the legal relationship between Buyers who

are consumers and the Seller, with the exceptions as stated in 4.12. hereof (Seller's declaration of

the warranty period when the Buyer does not act as a consumer).

1.9. Products (hereinafter also "Items" or "Products") are the goods and services which are

designated for sale and are published as such on the Seller's website.

II. References

2.1. In addition to the general provisions of Act No. 40/1964 Coll. of the Civic Code as amended,

special regulations apply to the relationship that arises from the Seller's liability for defects in

the supply of goods or services (as well as other legal relationships which may arise from the

contractual relationship) to natural persons, who do not carry out any business activities, when

concluding a sales contract (consumers), especially those from Act No. 102/2014 Coll. on

consumer protection in relation to the sale of goods or provision of services based on distance or

off-premises contracts and Act No. 250/2007 Coll. on consumer protection.

2.2. The legal relationship that arises from the exercise of rights for liability, related to defects,

between the Seller and the Buyer, who is a legal entity or a natural person – an entrepreneur

acting within their business activities (not a consumer) shall be governed by Act No. 513/1991

Coll. of the Commercial Code as amended, with the exception stated in 4.12. hereof (Seller's

declaration of the warranty period when the Buyer does not act as a consumer).

2.3. Pursuant to Section 3 (1) (n) of Act No. 102/2014 Coll., the Seller hereby informs the

consumer that there are no relevant special codes of conduct that the Seller has agreed to adhere

to; a code of conduct is an agreement or collection of rules which define the behaviour of a

seller, who has agreed to adhere to such a code of behaviour with regard to one or several special

business practices or commercial sectors, that as such are not stipulated by law, or any other

legal regulation or decree by a public administration authority, which the seller has agreed to

adhere to, and how the consumer may familiarise themselves with the same or access its

wording.

III. The Liability of the Seller for Product Defects (Goods and Services)

3.1. The Seller shall deliver the items (goods) or service pursuant to the sales contract as

concluded, ergo in the required quality, quantity and free of defects (factual or legal).

3.2. The Seller shall bear liability for defects in the sold items or services found on takeover by

the Buyer. If they are not pre-used items, the Seller shall bear liability for any defects that may

occur after takeover of the item during the warranty period (warranty). The Seller recommends

that the Buyer reports any defects in the goods or services to the Seller without undue delay. For

pre-used items, the Seller shall not bear liability for defects that arise through their use or wear

and tear. For items sold at a lower price, it shall not bear liability for any defect that existed for

which the lower price was agreed.

3.3. The Buyer shall have the right to inspect the sold item or service before its takeover.

IV. Warranty Period

4.1. The warranty periods starts when the Buyer takes over the item or service. If the sold item is

to be put into operation by an entrepreneur other than the Seller, the warranty period shall

commence from the day that it is put into operation, if the Buyer has ordered it to be put into

operation within three weeks, from the takeover of the item and has provided the necessary

cooperation to allow the performance of the service in a due and timely manner.

4.2. If the items are not highly perishable or pre-used items, the Seller shall bear liability for any

defects which may occur after the takeover of the item within the warranty period (warranty).

The warranty period shall be 24 months. If a use-by period is marked on the item sold, its

packaging or manual thereof, the warranty period shall not terminate before the end of the use-by

date.

4.3. If it is a pre-used item, the Buyer and the Seller may also agree to a shorter warranty period,

but no shorter than 12 months.

4.4. With items that are designated to be used for a longer period of time, special regulations

stipulate a warranty period longer than 24 months. A warranty period that exceeds 24 months

might only be applicable to a component of the item.

4.5. At the Buyer's request, the Seller is obliged to provide a written warranty (warranty card).

The nature of the item permitting, it will be sufficient to issue a document of purchase in place of

a warranty card.

4.6. Through a declaration contained in the warranty card issued to the Buyer, or in an

advertisement, the Seller may provide a warranty that exceeds the scope of the warranty as

defined in this law. In the warranty card, the Seller shall determine the conditions and scope of

such a warranty.

4.7. The warranty period commences on the date the item is taken over by the Buyer. If the sold

item is to be put into operation by an entrepreneur other than the Seller, the warranty period shall

commence from the day the item is put into operation, as long as the Buyer has ordered it to be

put into operation no more than three weeks after the takeover of the item and has provided the

cooperation necessary for the performance of the service in a due and timely manner.

4.8. If a faulty item is exchanged for a new item, the warranty period shall begin from the date of

the takeover of the replacement item.

4.9. If part of an item is exchanged, when the nature of the item permits it, the warranty period

for that part shall begin from the date of the takeover of the replacement part. The same shall

apply if there is an exchange of a component within an item for which the warranty was

provided.

4.10. Rights arising from the liability for defects of an item, on which the period of warranty

applies, shall cease to exist if not exercised during the warranty period.

4.11. The warranty period shall be extended by the period of time for which the goods were

subject to the complaint procedure. Rights arising from the liability for defects of goods on

which the warranty period applies shall cease to exist if not exercised during the warranty period.

4.12. Referring to Section 429 (2) of the Act No. 513/1991 Coll. of the Commercial Code as

amended, the Seller declares that the length of the warranty period, in the business relationship

between the Seller and a Buyer who does not act as a consumer, the Seller shall provide a

warranty for the quality of the goods and services for 12 months.

The warranty period shall commence as per Clause IV, point 4.1. hereof.

5.1. The Buyer may exercise their rights, that arise from the liability for defects in an item, goods

or service, at the following address: Mário Harman – www.pow.sk, Záhradnícka 698/38, 920

41 Leopoldov, Slovak Republic.

The Buyer may also exercise their right to lodge a complaint in person at any of the Seller's

business premises where the receipt of a complaint is possible with respect to the nature of the

item, at the Seller's registered business address, or through a third party, e.g. transport services,

mail order services, Slovenská pošta (Slovak Post), etc. The Seller recommends that the buyer

uses the Complaint Form to register a complaint. This form is freely available on the Seller's

website.

When the Buyer lodges a complaint, the Seller recommends that they append the invoice,

warranty card or other document, that proves the goods or services the complaint refers to were

purchased from the Seller. The Seller recommends that when the Buyer lodges a complaint, they

should include a description of the defect found in the goods or the service.

5.1.1. Should the Buyer lodge a complaint, regarding goods or a service, other than in person, the

Seller recommends that the Buyer sends the goods, together with a detailed description of the

defect of the goods, with documentary proof of purchase from the Seller (e.g. confirmation of

payment, invoice, warranty card) in order to speed up the complaints procedure.

5.1.2. When lodging a complaint, the Seller recommends that the goods are sent by registered

mail. Goods should not be sent by COD, they will not be accepted by the Seller.

5.1.3. Once a complaint is lodged, the Seller shall confirm its receipt to the consumer. If the

complaint is lodged by means of distance communication, the Seller shall immediately confirm

receipt of the complaint to the consumer; if it is not possible to immediately confirm receipt it

shall be delivered without undue delay, but at the latest together with the document that explains

how the complaint will be handled; it is not obligatory to deliver a confirmation of the complaint

if the consumer has the possibility to prove the complaint was lodged in an alternative manner.

5.1.4. The Seller is obliged to confirm, in writing, how the complaint will be handled within a

maximum of 30 days from the date the complaint was lodged, together with a document that

explains how the complaint will be handled. The period for handling the complaint commences

on the day the item, to which the complaint relates, was received by the Seller.

5.1.5. Handling a complaint shall mean the that the complaint procedure will terminate after the

delivery of the repaired product, exchange of the product, return of the purchase price of the

product, payment of a reasonable discount from the price of the product, a written invitation to

accept the results of the complaints procedure or the justifiable dismissal of the complaint.

5.2. The acceptance and outcome of the complaint procedure shall not prejudice the consumer's

right to compensation pursuant to a special regulation.

5.3. Under Section 2 (m) of Act No. 250/2007 Coll. as amended (the handling of a complaint

shall mean the termination of the complaint procedure by the delivery of the repaired product,

exchange of the product, return of the purchase price of the product, payment of a reasonable

discount from the price of the product, written invitation to accept the result of the procedure or

a justified dismissal of the complaint), the Seller shall immediately determine the manner in

which the complaint will be handled; for complicated cases this must be done within 3 working

days from the date the complaint was lodged; in justifiable cases, especially if a complicated

technical evaluation of the state of the product or service is required, at the latest within 30 days

of the date the complaint was lodged. Once the manner in which the complaint is to handled has

been determined, it shall be handled immediately, in justifiable cases the complaint may also be

handled later; but the handling of the complaint shall not take longer than 30 days from the date

it was lodged. If the receipt of the item which is the subject of the complaint by the Seller occurs

later than the date of which the complaint was lodged, then the timescales in which the complaint

should be handled shall commence from the day of the object of the complaint is received by the

Seller; but at the latest from the moment that the Seller makes it impossible to receive or

prevents the receipt of the object of the complaint. Once the period for handling of the complaint

has expired, the consumer has the right to withdraw from the contract or to an exchange of the

product (object of the complaint) for a new one.

5.4. If the consumer lodged the complaint during the 12 months after purchase, the Seller may

only reject the complaint based on a specialist evaluation; regardless of the result of the specialist

evaluation, it is not possible to request consumer to compensate the Seller for the expense of the

specialist evaluation or any other expenses related to the specialist evaluation. The Seller shall

provide the consumer with a copy of the specialist evaluation that justifies the rejection of the

complaint within 14 days of the date of the complaint.

5.5. If the consumer has lodged a complaint related to an item more than 12 months after the date

of purchase and the Seller has rejected it, the person who handled the complaint shall provide, in

the complaint handling document, information related to whom the consumer may send the

product for specialist evaluation. If the product is sent to the designated person for specialist

evaluation, the expenses of the specialist evaluation as well as any other expenses spent for this

purpose shall be borne by the Seller, regardless of the result of the specialist evaluation. If the

consumer proves the Seller is liability for the defect, through a specialist evaluation, they may

lodge the complaint again; whilst the item is subject to a specialist evaluation, the warranty

period will be interrupted. Within 14 days from the day of the re-lodged complaint, the Seller

shall be obliged to compensate the consumer for all and any expenses related to the specialist

evaluation, as well as any related expenses spent for this purpose. A complaint which is re-

lodged may not be rejected.

5.6. The consumer has the right to compensation for the necessary expenses (especially the

postage cost paid when sending the goods that are the object of the complaint) which they

incurred in relation to the exercise of their rights that arise from the liability for defects in goods

and services. In the case of a withdrawal from the contract, due to a defect in the item or service,

the consumer shall likewise have the right to compensation for the expenses related to such

withdrawal.

5.7. The requisites for a specialist evaluation under 5.4. hereof are the following:

The specialist evaluation shall contain:

a) identification of the person who performed the specialist evaluation,

b) the precise identification of the product evaluated,

c) a description of the state of the product,

d) the result of the evaluation,

e) the date the specialist evaluation was completed.

5.8. If the character of the product permits it, the consumer shall hand the product over to the

Seller (or a designated person) upon lodging a complaint. If the nature of the product does not

make it possible to deliver the product to the Seller (or designated person), the consumer may,

when lodging the complaint, request the removal of the defective item at the place where the

product is located or agree with the Seller (designated person) on the manner in which the

product should be transported.

5.9. The period from the exercise of the rights that arise from the liability for defects, until the

moment when the Buyer was obliged to take over the item following the completion of a repair,

shall not be part of the warranty period. The Seller shall issue confirmation to the Buyer stating

when the right was exercised, the performance of the repair and the duration of the repair.

6.1. If the defect may be removed, the Buyer has the right to have the defect removed free of

charge in a due and timely manner. The Seller shall be obliged to remove the defect without

undue delay.

6.2. Instead of removing the defect, the Buyer may request the replacement of the item, or the

replacement of a component, if the defect only relates to a component of the item, unless this

incurs unreasonable expenses for the Seller with regard to the price of the goods or the

seriousness of the defect.

6.3. Instead of removing the defect, the Seller may in all cases replace the defective item with a

non-defective item, unless this causes a serious issue for the Buyer.

6.4. If it is a defect which cannot be removed and which prevents the item from being used as it

would be if it was free of defects, the Buyer has the right to have the item replaced or to

withdraw from the contract. The Buyer shall have the same rights if the defects are removable,

but the Buyer may not use the item in the way that was intended, due to the repeated appearance

of the defect after the repair, or due to a large number of defects.

6.5. If there are other defects that are impossible to remove, the Buyer has the right to receive a

reasonable discount from the price of the item.

VII. Final Provisions

7.1. These Warranty Terms and Conditions form an integral part of the General Commercial

Terms and Conditions and Principles and Instructions concerning the Personal Data Protection of

this Website. The documents – General Commercial Terms and Conditions and Principles and

Instructions concerning the Personal Data Protection of this Website – are published on the

Seller's website.

7.2. If there are changes to the Warranty Terms and Conditions, the relationship between the

Buyer and the Seller shall be governed by the Warranty Terms and Conditions that were in force

and effect upon the conclusion of the sale contract, up until the moment of termination thereof.

7.3. These Warranty Terms and Conditions shall come into force and effect when they are

published on the Seller's website. That is 21 st April 2023.

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