Article I - Preliminary Provisions
- This Return Policy regulates where and how claims should be filed and the procedure of their handling.
- This Return Policy is an inseparable part of the Business Terms and Conditions of the Seller and the purchase contract concluded between the Seller and the Buyer. When concluding and fulfilling this Contract, the Buyer shall not act as a consumer, thus provisions of Act No. 513/2011 Coll. the Commercial Code, as amended, shall govern the relations between the Buyer and the Seller.
- This Claims Procedure applies to any goods bought by the Buyer from the Seller:
Commercial Name: PARTICLE s. r. o.
Registered in the Commercial Register of Banská Bystrica District Court, Section: Sro, File No.: 27127/S
Registered Office: Kolonáda 4490/18, 984 01 Lučenec
Company Identification Number: 47858541
Tax ID: 2024128172
VAT ID: SK2024128172
Represented by: Erik Susztay, Managing Director and Viktor Mužila, Managing Director
Article II - Receiving of the Goods by the Buyer
- The Carrier is liable for any possible damage to the goods from the moment, they have been handed over to the Carrier for transport. Therefore, the Buyer, or a person appointed by the Buyer, is obliged, when receiving the goods, to inspect the packaging in which the goods are packed for possible damage. If the goods are damaged, their receipt may be rejected by the Buyer and together with the Carrier a record must be made or the goods may be received by the Buyer and a record made, together with the Carrier, of identified defects to the goods suffered during the transport directly at the place of the receipt of the goods. If the Buyer, despite evident damage to the packaging, shall receive the goods, the Seller may not recognize the possible later claims on these grounds.
- Should the Buyer identify damage to the goods after receiving the goods, the Buyer shall inform the Seller about the found defects by email to
Article III - Liability for Defects
- The Seller shall be liable to the Buyer for the fact that the goods being sold are in conformity with the Purchase Agreement, i.e. that the sold product is free of defects. Conformity with the contract of sale means that the goods sold have the quality and performance properties stated by the Seller, or the quality and performance properties for a typical product of this kind and meet the legal requirements and the purpose for the use of goods stated by the Seller.
- The Seller shall be liable for any defects that the sold item has at the time of takeover by the Buyer. For items sold at a lower price, he is not responsible for the defect for which the lower price was negotiated. The Seller is not liable for defects, which were known to the Buyer at the time of receipt of the goods or could or should have been known taking into account all circumstances. The seller is also not liable for defects caused by:
- a) mechanical damage to the goods,
c) using the goods in conditions that do not correspond to temperature, humidity, chemical and mechanical requirements of the environment,
d) improper handling or neglect of the care of goods,
e) excessive burden or use contrary to general principle,
f) natural forces or force majeure,
g) use of the goods for purposes other than the scientific and research purposes.
Article IV - Application of the Claim
- The Seller processes each claim with the Buyer individually.
- The Buyer shall indicate the defect in the so-called Defect Report either in writing sent to the following address: PARTICLE s.r.o., Kolonáda 4490/18, 984 01 Lučenec or by e-mail sent to email@example.com. The following form may be used by the Buyer:
- The Buyer is obliged point out the found defects of the delivered goods according to par. 2 of this Article no later than within two (2) business days from the date on which the Buyer found the defect exercising professional care during the inspection or when the defect could be detected later on exercising professional care, but no later than within one (1) month from the takeover of the goods. The obligation under the previous sentence applies to obvious defects and to hidden defects, too. If the Buyer fails to meet this obligation properly and on time, the delivery of the goods by the Seller shall be deemed to be executed in a properly and timely manner and any defect entitlements of the Buyer shall be extinguished.
- The Buyer cannot send the goods back to the Seller together with the report on defects of the goods. The goods, with regards to their specific nature, could be deteriorated or damaged if sent again. If the Buyer returns the goods back to the Seller without informing him in advance on defects of the goods in the report on defects of the goods sent through e-mail, agreeing with the Seller on how to deal with the claim and without the Seller asking the Buyer in writing to send the goods back, the Buyer shall be liable for damage incurred by the Seller therefrom.
Article V - Claim Entitlements
- If the Seller, based on the report on defects of the goods sent by the Buyer properly and on time acknowledges the defects of the goods, the Seller will deliver to the Buyer alternative goods at the Seller`s expense, if he possess the same or will return the purchase price to the Buyer.
- Choice between claims belongs to the Buyer only if he timely informs the Seller on it in the report on defects of the goods. The Buyer may choose between the claims of if he notifies the Seller in timely sent report on defects of the goods.
Article VI - Handling the Claim
- The Seller shall handle the claim as provided in Art. V (2) within a reasonable period determined for this purpose by the Seller and notified to the Buyer.
- If the Buyer informs the Seller of a defect for which the Seller is responsible according to the Buyer and he does not detect the given defect, the Buyer shall compensate the Seller for all work performed, as well as all expenses and costs related thereto.
Article VII - Final Provisions
- This Claims Procedure is drawn up by the Seller and is protected under Act No. 618/2003 Coll. on Copyright Act as amended. It is prohibited, without the author`s consent, to use this author`s work in any way, particularly, but not limited to, copying, publishing, amending, modifying, disseminating and misusing it otherwise.
- This Claim Procedure comes into force and effect on 01.01.2020.