Return policy

General provisions and definitions

This Return policy is issued in accordance with the Act. 40/1964 Coll. Civil Code, as amended, Act no. 250/2007 Coll. on consumer protection and amending the Act no. 372/1990 Coll. on misdemeanors, as amended, and other generally binding legal regulations of the Slovak Republic.

This Return policy is governing the procedure for claim on the goods sold by ADAPTRADE Ltd., Betliarska 9, 851 07 Bratislava, Org: 44672772 in accordance with its line of business. It is binding on the seller and the purchaser. This Return policy is published on the website of the seller`s e- shop- www.diwear.eu.

This Return policy informs the purchaser about the scope, conditions and method of the claim, including information about where a claim can be applied.

“Seller” for the purposes of the claim procedure means a commercial company ADAPTRADE Ltd. Betliarska 9, 851 07 Bratislava.

“Purchaser” for the purposes of the claim procedure means a natural or legal person who bought the goods from the seller through e-shop and who has the right to bring a claim for the error.
A claim for the purposes of the Return policy means the application of the liability for defects of the goods.

Clearance of the claim for the purposes of the Return policy means the completion of the claim procedure handing over the repaired goods, the exchange of goods, refund the purchase price, payment of a reasonable discount on the price of goods, written notice to take over the fulfillment or a reasoned rejection of the claim.

Warranty conditions

Goods sold shall be provided in law quality, quantity, rate or weight and must be free from defects.

The seller is responsible for any errors he sold with goods on receipt by the purchaser as well as errors that occur after receipt of the goods during the warranty period. For goods sold at a lower price the seller is not responsible for errors, for which it was negotiated a lower price.

Claiming is possible only for goods that were purchased through the e-shop of the seller and which is the property of the purchaser. Where the right of ownership has not yet entered from the seller to the purchaser, the purchaser has the right under the existing legislation to make a claim to full payment of the price for the goods and services within the meaning of § 151 of the Civil Code.

If the purchaser is a consumer (a natural person who is not acting within the scope of his business, trade or profession), all sold goods is warranted for a period of 24 months unless otherwise stated in the product. Action is taken under Consumer Protection Act and the Civil Code. If the purchaser is not a consumer, it shall be proceeded under the provisions of the Commercial Code and the warranty period is 1 year.

The warranty period begins on the date of receipt of the goods by the purchaser from the shipping company or directly from the seller, if the purchaser takes over the goods in person, on the day of his personal acceptance. The period of application of the law of liability for defects until the purchaser after the repair was required to take over the goods, shall not be included in the warranty period.

If there is exchange of goods, the warranty period shall begin to run again from the receipt of new products. In case of replacement of defective goods, the purchaser receives a document in which the exchanged goods will be marked. Any further claims shall apply to the original delivery note and this claim document.

Rights of the purchaser for liability for defects of the goods shall be extinguished, if they are not applied during the warranty period.

The purchaser is obliged to make a claim without delay with the seller and immediately after finding the error and within the warranty period.

The purchaser is obliged to examine the goods after receipting the goods and check the completeness of the goods and the appropriate documentation supplied with the goods. In the personal collection of the goods, the purchaser is obliged to check the goods and check obvious defects related to mechanical damage of the goods or of its packaging, quantity of goods supplied and completeness of documents, if necessary. Obvious defects must be claimed immediately. On delivery collection via courier or mail, the purchaser is obliged to draw up a claim protocol on the place of receipting of the goods to manifest obvious defects – the incompleteness of the consignment, mechanical damage of the goods or its packaging, if necessary or other obvious defects. Subsequent claims concerning obvious defects of the goods, which were observable on receipt of goods, or incomplete of the goods, cannot be accepted and such a claim will be deemed ineligible. Seller is not liable for defects detectable on receipt of goods or incompleteness of delivered goods and documents, if the purchaser doesn`t use the right to examine the goods at delivery.

The warranty applies only to the product malfunctions causes by manufacturing defect.

The warranty does not cover defects caused by the use as follows:
– A defect was caused by mechanical damage to the goods caused by the purchaser,
– A defect occurred mishandling of the goods in a manner other than was indicated in the instructions
– A defect occurred using the product under conditions which do not correspond to its natural environment (chemical and mechanical effects, moisture)
– A defect occurred by failure to care and maintain of goods
– A defect occurred by wearing or excessive using of goods
– A defect occurred by using the goods in violation of the conditions specified in the documentation, general principles, technical standards and safety regulations or any other breach of warranty terms.
– A defect occurred by action of natural elements.

The warranty also does not cover normal wear of the goods (or its parts) resulting from the use of the goods. Shorter product life cannot be regarded as a defect and cannot be claimed.

Claim clearance

Rights for liability for defects of the goods the purchaser can apply by following procedure:
Goods must be sent to the cantact address (but not cash on delivery) or personally brought to the contact address. Goods must be properly wrapped so no damage can be caused during the transport, and we recommend to send the goods by registered mail or as an insured shipment. The goods must be accompanied by a copy of proof of purchase (invoice) and we recommend to attach a completed Return Protocol. The claim should be sent exclusively in writing (by mail) or in person (not by e-mail).

Seller confirms receipting of the claim and issues this confirmation to the purchaser in an appropriate form. The date of the claim shall be the date of its receipt by the seller.

The seller informs about the clearance of the claim by sending an e-mail message to the purchaser. He also appeals the purchaser on receipting of goods or other claim that it comes with the filing of the claim (refund of the purchase price, replacement of the goods…), if the purchaser requested a personal receipt of claim. If the purchaser requests the sending of claim via mail, the seller sends the goods repaired, replaced with a new product or the purchase price to the purchaser’s address together with proof of clearance of the claim (Output Protocol).

The seller is obliged to determine the way to handle the claim it immediately, in complicated cases within 3 days from the date of the claim. In justified cases, in particular where a complex of technical evaluation of the goods is required, within 30 days from the date of the claim. After determining the method of claim, the seller clears the claim immediately, in justified cases can be cleared later. Claim shall not be last longer than 30 days from the date of the claim. After a 30-day period from the claim the purchaser has the right to withdraw from the contract and will be refunded by the full amount for the goods or have the right to exchange it for new goods.

Methods of claim

Purchaser`s rights when applying claim:
– When there is correctable defect, the purchaser has the right to have it removed free of charge, properly and in a timely manner. The seller decides the process of removing the defect. The purchaser may require to exchange the goods instead of a defect correction (repair) if it does not result in unreasonable costs for the price of the goods or the severity of the defect
– When there is unrecoverable defect, which protects the goods from the use for its purpose, the
purchaser has the right either to exchange the goods or to withdraw from the contract (money back).
– If any other unrecoverable defects appear, the purchaser has the right to a reasonable discount on the price of the goods.

Integrity of the goods as well as integrity of the packaging (as directed by the reception of goods) should be checked when receiving the goods, because the goods could damage during the transport. We recommend purchasers` unpack the goods and look at it in the presence of the carrier. Your signature to a courier represent that the packaging is not damaged.

Final provisions

This Return policy is an integral part of the GTC. The validity and effectiveness starts 16/02/2015. Seller reserves the right to change it at any time without noticing the purchaser

Address of the seller: ADAPTRADE s.r.o., Betliarska 9, 851 07 Bratislava, info@diwear.eu

In Bratislava, 16.02.2015.

The consumer`s right to return the goods without any reason and consumer`s guidance

The consumer has, under Law no. 102/2014 Coll. Consumer Protection in the sale of goods or provision of services on the basis of the distance contract or contract outside the premises seller and amending certain laws (hereinafter referred to as the “Act”) pursuant to § 7 and following, the right to cancel his purchase within 14 calendar days from the date of receipt of goods. If the supply of goods is specified in the contract of sale, the consumer has the right to cancel the contract before the goods is delivered.

The consumer is required, if he wants to use this right, to provide a written withdrawal from the contract personally no later than the last day of the specified period, the contact address of the seller or the withdrawal submit for posting later than the last day of the determined period to the address that is listed in the Contacts section. The consumer is required after noticing of withdrawal from the contract to send or deliver personally the subject of the contract, from which he withdraws, together with all related documentation, which was received with the goods, but not later than 14 days from the date of withdrawal (§ 10 paragraph. 1 of the Act) . Purchasers are encouraged to draw up copy of the invoice for their own use and to send the goods to the seller as insured shipment. The withdrawal can be used in the following form: Withdrawal from the contract, which should be completed at least with the data marked with an asterisk.

Do not return goods by cash on delivery, such a goods will be not taken over. E-shop operator returns paid consideration for goods / services, including transport costs within the meaning of Section §9 sect. 3) Act no. 102/2014 Coll, as well as costs incurred proven to order the goods, within 14 days of receipt of the withdrawal from the contract. Seller does not return the money before he the goods are delivered or consumer demonstrates delivering the goods. This does not apply if the seller is proposed to collect the goods himself. The costs of returning goods is paid by the consumer. The right of withdrawal does not apply to goods and services, as defined in § 7 sect. 6 point. a) to l) of the Act no. 102/2014. Coll. The consumer shall bear any diminished value of the goods, which was caused by its use beyond what is necessary to determine the functionality and characteristics of the goods.

Downloadable documents:

Return form
Withdrawal from the contract form