Visszatérítési szabályzat
Porter LD d.o.o. (hereafter: the Seller) is responsible for material deficiencies of products up to the moment of transfer of risks to the buyer (the moment of handing items over to the buyer or any third person designated by the buyer, except the delivery service), regardless of whether the material deficiency was known to the Seller or not. Also, the Seller is responsible for those material deficiencies that arose after the risk has been transferred to the buyer if they were a consequence of pre-existing causes. It is assumed that the deficiency that arose within 6 months after the risks were transferred to the buyer existed at the time of risk transfer, except in cases when the Seller is able to prove otherwise, or the contrary is a consequence of the nature of the item or the nature of the deficiency.
The deficiency exists:
- if the item does not have features required for its regular use or operation,
- if the item does not have features necessary for a specific use that the buyer purchased it for, and this fact was known to the Seller or it had to be known to the Seller,
- if the item does not have features and qualities that are explicitly or implicitly contracted, or stipulated,
- if the Seller delivered an item that is not equal to a sample or a model, except in cases when a sample or a model were presented for informative purposes only,
- if the item does not possess features that otherwise exist with other items of the same kind, and those are the features that the buyer could reasonably expect to be present, in accordance with the nature of the item, especially taking into account all public statements given by the Seller, the manufacturer, and their representatives about the item features (advertising, item labeling, etc.).
When, upon the receipt of an item by the buyer, it turns out that the item has a deficiency that could not be discovered by usual inspection at the time of delivery, the buyer must, under threat of loss of their rights, inform the Seller about such a deficiency as soon as possible.
The Seller is not responsible for deficiencies that arise more than two years after the item delivery. The rights of the buyer who informed the Seller in a timely manner about the existence of such deficiencies expire after two years, starting from the date when such information was sent to the Seller, except in cases when the buyer was prevented from exercising their right because of the Seller’s fraud.
When the existence of a material deficiency is established, the Seller might have one of the following obligations, all in accordance with the Civil Obligations Act (Zakon o obveznim odnosima):
- removal of the deficiency,
- deliverance of another product without the deficiency,
- price discount,
- agreement termination.
Rights arising out of any material deficiency of an item are regulated by the Civil Obligations Act (Zakon o obveznim odnosima).
When the buyer is a legal entity, the regulations of material deficiencies from the Civil Obligations Act (Zakon o obveznim odnosima) apply, especially in parts where the material deficiency is regulated differently for legal persons, compared to regulations of these General Terms and Conditions, than the regulations from the Civil Obligations Act (Zakon o obveznim odnosima) apply.