Warranty

Company ABRFABR, s.r.o. Company ID (IČO): 55971458, with registered office at Bratislavská 31, 010 01 Žilina, Slovak Republic, correspondence address. Bratislavská 31, 010 01 Žilina, Slovak Republic, registered in the Business Register of the District Office Žilina, business entity: Ltd, file number: 84032/L (hereinafter referred to the Seller), in accordance with the Consumer Protection Act (Act No. 250/2007 Coll., as amended), and other generally binding laws and regulations, hereby issues these rules for Complaints Policy (hereinafter referred to as the "Complaints Policy"):

Article I.      
Preliminary provisions

1. The Complaints Policy regulates the rights and obligations of the Seller and the Buyer concerning complaints regarding goods and/or services sold/provided by the Seller, including the Terms and Conditions and the methods of resolving Complaints.
2. The Seller sells/offers for sale a movable item/movable items, primarily home accessories or any other items that the Seller offers for sale via their Website www.abrfabr.sk/www.abrfabr.cz, which are the subject of the Sales Contract.
3. For the purposes of the Complaints Policy, the following definitions apply:

3.1. the Buyer is any person (a) who expresses interest in purchasing Goods, (b) with whom the Seller has or had a Sales Contract, (c) who is the legal successor of the person referred to in (b);
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3.2. Complaint means the Buyer’s submission asserting defects, functionality, or quality issues of the Goods;                              

3.3. Sales Contract is an agreement between the Seller and the Buyer, under which the Seller undertakes to deliver the Goods to the Buyer and transfer ownership rights to the Buyer, and the Buyer agrees to pay the Seller the purchase price, all under the conditions set out by the Sales Contract and the Seller’s general Terms and Conditions;
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3.4. Goods are movable item(s), primarily fashion accessories or any other items that the Seller offers for sale via their Website www.rivalli.eu and which is/are the subject of the Sales Contract;
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3.5. Website is the Seller's Website accessible on the Internet at www.rivalli.eu

Article II.      
General Conditions for Complaints

1. The Seller shall be liable for defects in the Goods at the time the Buyer takes possession, as well as for defects that occur during the warranty period. The Seller warrants to the Buyer that the Goods are free from defects, they have the characteristics indicated on the Website and are suitable for the stated purpose or customary use.
2. The warranty period is 24 months and commences on the date the Buyer takes possession of the Goods.
3. The Buyer has the right to file a complaint regarding the Goods if, upon receipt of the Goods they discover defects in the Goods, or the defects occur within the warranty period.
4. A defect in the Goods is a change in the Goods or in their characteristics due to the use of unsuitable or low-quality materials, non-compliance with the manufacturing technology, or an unsuitable design solution.
5. A removable defect is a defect that can be repaired without affecting the appearance, functionality, or quality of the Goods.
6. An irremovable defect is a defect which cannot be repaired or, whose reparation, considering all relevant circumstances, is impractical.
7. Defects shall not include natural variations in colour, texture, and/or inconsistency in natural materials (e.g. wood, which may not have a uniform pattern or colour, and leather), textile and synthetic materials (e.g. minor variations in the fabric patterns or shades of colour) or lacquered surfaces. The Goods’ colour representation of metal, fabric, leather, or synthetic leather on the Website may slightly vary from reality, depending on the colour resolution of individual computer monitors or the type of paper on which the Goods are printed; such variations are not grounds for a complaint.
8. Defects shall not include changes in the Goods during the warranty period due to wear and tear characteristic of the material or use, incorrect, unsuitable, or irregular care and maintenance of the Goods, natural changes in the material of the Goods, damage, or other improper handling.
9. If the nature of the product suggests that its lifespan is shorter than the warranty period, this shall not be considered a defect. Similarly, the definition of defects does not apply when, with normal use, the Goods become fully worn before the expiration of the warranty period.

Article III.
Submitting a Complaint

1. The Buyer is entitled to submit a Complaint in person at the Seller's premises located at ABRFABR, s.r.o., Bratislavská 31, 010 01 Žilina, Slovak Republic or in writing; the written form requirement is also fulfilled if the Complaint is submitted electronically.
2. The Seller’s contact details for submitting a written Complaint are: ABRFABR, s.r.o., Bratislavská 31, 010 01 Žilina, Slovak Republic, EMAIL: go@rivalli.eu.
3. When submitting a Complaint, the Buyer must
   (1) include in particular (a) the Buyer’s full name, date of birth, permanent address, correspondence address (if not identical with the permanent address), date and Order number; (b) the subject of the Complaint; (c) what the Buyer claims;                          (2) send the Goods in question to the Seller at their own expense, to the Seller's correspondence address: ABRFABR, s.r.o., Bratislavská 31, 010 01 Žilina, Slovak Republic, by registered mail. Goods sent by cash on delivery will not be accepted. Complained Goods must be complete and may show signs of normal wear and tear relative to the period of use.
4. When sending the complained Goods, the Buyer is responsible for suitable packaging that sufficiently protects the Goods and meets the transport requirements. The Seller shall not be liable for any damage to the Goods caused by their improper packaging.
5. The Complaint may include the Buyer’s contact details (telephone number, e-mail address).
6. The Complaint shall be deemed submitted on the date of
   (a) handing over the complained Goods along with the relevant documents and information to the Seller (in the case of in-person Complaints);
   (b) delivery of the complained Goods along with the relevant documents and information to the Seller (in the case of written Complaints).
7. If the Complaint does not contain all the necessary information for proper processing of the Complaint and/or the complained Goods were not handed over with the Complaint, the Seller shall request the Buyer to complete the missing information and/or deliver the Goods. The Seller shall also inform the Buyer that if the missing information or documentation is not provided or the Goods are not delivered within the specified period, which shall be no less than seven days, the Complaint shall be deemed unjustified.
8. If the Complaint has been submitted by an unauthorized person, is late, or is the subject of ongoing or resolved legal proceedings, the Seller reserves the right to reject the Complaint. The Buyer shall be notified of this rejection in writing.

Article IV.
Time limit for submitting a Complaint

1. The Buyer must exercise the rights related to liability for defects in the Goods within the warranty period.
2. Complaints must be submitted without undue delay, no later than 30 days from the date the defect was discovered. Continuing to use the Goods after the discovery of a defect or a delay in submitting the Complaint may worsen the defect, devalue the Goods, and/or provide grounds for rejecting the Complaint.
3. The Seller shall issue the Buyer with a confirmation of receiving the Complaint.

Article V.
Resolution of the Complaint

1. Alongside the confirmation of receiving the Complaint, the Seller shall inform the Buyer of their rights, namely:
   (a) the Buyer has the right to have their Complaint resolved in accordance with generally binding legal regulations and this Complaints Policy, in particular
   1. in the case of a removable defect, the Buyer has the right to have the defect removed free of charge, promptly, and properly;
   2. in the case of an irremovable defect that prevents the Goods from being properly used as defect-free items, the Buyer has the right to have the Goods replaced or to withdraw from the Sales Contract; in cases of other irremovable defects, the Buyer has the right to a reasonable discount on the purchase price;                                             3. in the case of removable defects, however, if the Buyer cannot properly use the Goods due to the recurrence of the defect after repair or due to a greater number of defects, the Buyer has the right to replace the Goods or the right to withdraw from the Sales Contract;
   (b) the Buyer has the right to decide which of the rights listed in Cl. (a) to exercise.
2. The Seller may always replace the defective Goods with defect-free Goods instead of removing the defect, if this does not cause serious inconvenience to the Buyer.
3. The Seller is obligated to determine the method of Complaint resolution immediately, in complex cases no later than within 3 working days from the date of submitting the Complaint, and in justified cases, especially when a complex evaluation of the Goods’ condition is necessary, no later than within 30 days from the date of submitting the Complaint, based on which of the Buyer’s chosen right under Subsec. 1 of this Article is exercised
4. After determining the method of Complaint resolution, the Seller shall resolve the Complaint immediately. In justified cases, the Complaint may be resolved later; however, the resolution shall not exceed 30 days from the date of submitting the Complaint. If the Seller receives the Goods on a later date than the date of the Complaint submission, the time limits under Subsections 3 and 4 of this Article of the Complaints Policy shall begin from the date of the Seller’s receipt of the complained Goods. If the time limit for Complaint resolution expires without resolution, the Buyer has the right to withdraw from the Sales Contract or to receive a replacement of the Goods in the form of a new product.
5. If the Buyer submits a Complaint within 12 months of purchase, the Seller may only reject the Complaint based on a professional assessment. Regardless of the outcome of the professional assessment, the Buyer cannot be charged for the cost of the professional assessment or any other related costs. The Seller must provide the Buyer with a copy of the professional assessment justifying the rejection of the Complaint within 14 days from the date of the Complaint resolution. This shall not affect the Seller’s obligations under Section 6 of this Article of the Complaints Policy.
6. If the Buyer submits a Complaint more than 12 months from the date of purchase and the Complaint is rejected, the person resolving the Complaint is obligated to inform the Buyer in the Complaint resolution document where the Buyer may send the Goods for professional assessment. Should the product be sent to the designated person for expert assessment, the Seller shall bear the cost of the professional assessment and all other reasonably incurred costs, regardless of the assessment’s outcome. If the professional assessment proves the Seller’s liability for the defect, the Buyer may resubmit the Complaint; the warranty period shall be suspended during the professional assessment period. The Seller must reimburse the Buyer for the professional assessment cost and other reasonably incurred related expenses within 14 days from the date of the renewed Complaint. A renewed Complaint cannot be rejected.
7. The Seller shall notify the Buyer of the Complaint resolution outcome in writing; the requirement for written form is satisfied if the notification is sent electronically. The Seller is obligated to issue a written Complaint resolution document no later than within 30 days from the date of the Complaint submission. In cases where the Complaint resolution period starts on the date the Goods are received as part of the Complaint, the Seller must issue the written notification together with the Complaint resolution document at the latest.
8. The costs associated with the Complaint shall be borne by the Buyer, unless otherwise stipulated by this Complaints Policy or generally binding legal regulations.
9. If the Buyer does not agree with the Seller’s Complaint resolution, they may submit another Complaint but not later than within 30 days from receiving the Complaint resolution outcome. The provisions of this Complaints Policy shall apply to the second Complaint, with the exception of the possibility to renew the Complaint. This shall not affect Subsec. 6 of this Article of the Complaints Policy.
10. If the Buyer does not agree with the Complaint resolution, they are entitled to pursue their claims through the courts. The Complaint resolution shall not affect the Buyer’s right to compensation for damages under generally binding legal regulations.

Article VI.
Final Provisions

1. Should the Buyer believe that the Seller has breached generally binding legal regulations, they are entitled to contact (a) the Slovak Trade Inspection for the region of Žilina, Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1, (b) other supervisory authorities.
2. Relations between the Buyer and the Seller that are not expressly governed by this Complaints Policy shall be subject to the provisions of the Sales Contract, the Seller’s General Terms and Conditions, and generally binding legal regulations.
3. The Seller reserves the right to modify this Complaints Policy in accordance with changes in generally binding legal regulations or their business policy. Any modifications of the Complaints Policy shall be made public. The updated Complaints Policy along with the specification of the date of coming into force shall be published no later than that specified date.
4. This Complaints Policy shall come into force on May 15, 2021. It is published on the website of L'FABRICA, s.r.o., www.rivalli.eu and is available at the registered office of ABRFABR, s.r.o. and as well as the correspondence address: Bratislavská 31, 010 01 Žilina, Slovak Republic.

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In Žilina on January 19, 2024

Slovak Trade Inspection for the region of Žilina
Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1
Department of Supervision
za@soi.sk
Tel: 041/763 21 30, 041/724 58 68