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COMPLAINTS PROCEDURE (LIABILITY FOR DEFECTS, WARRANTY, COMPLAINTS)
This complaint procedure is governed by the relevant provisions of the Civil Code, as amended. regulations and provisions of Act No. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended in the case of liability for defects and the application of liability for defects of goods sold and services provided.
1. The seller is responsible for defects in the goods and the buyer will file a complaint immediately with the seller according to the applicable complaint procedure. The warranty period for the products sold is determined by a general legal regulation - the Civil Code valid at the time of sale.
2. The valid complaint procedure applies to the handling of complaints. By sending the order to the seller, the buyer confirms that he has been duly informed about the conditions and method of claiming the goods, including information on where the claim can be made, and about the performance of warranty repairs in accordance with Art. §18 par. 1 of Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on Offenses as amended (hereinafter referred to as the "Act").
3. The complaint procedure applies to goods purchased by the buyer from the seller in the form of e-commerce on the seller's e-commerce website or by e-mail or otherwise.
4. The complaint procedure in this form is valid for all business cases, unless other warranty conditions are contractually agreed.
5. The buyer has the right to claim from the seller a warranty only for goods that show defects caused by the manufacturer, supplier or seller, are covered by the warranty and were purchased from the seller.
6. The buyer will inspect the goods upon receipt of the goods. After finding the defect of the goods, he can claim from the defects found during this inspection. During the warranty period, the customer has the right to eliminate the error free of charge after presenting the goods, including accessories to the seller together, warranty card (if issued), proof of purchase - one of these documents is sufficient
7. If the goods show errors, the customer has the right to file a complaint at the seller's premises in accordance with the provisions of §18 par. 2 of the Consumer Protection Act by e-mail or telephone contact.
8. The complaint procedure for goods that can be objectively presented to the seller begins on the day when all of the following conditions are met:
a. the consumer submitted the claimed product to the address: Ing.Martin Riecky Sasinkova 20, 91501 Nové Mesto nad Váhom
b. together with the claimed product, a proof of purchase was submitted to the above address - a receipt (invoice), warranty card, if issued - one of these documents is sufficient, the name and address of the consumer, or telephone contact, an exact description of the defect, or how it occurred to the error of the goods.
9. A sample of the complaint protocol is available at:
fill in the fields in points a-g in the complaint protocol and send the complaint protocol to the seller by e-mail or Slovak post, or in person at the above address./
10. The beginning of the complaint procedure is also the day of the complaint. The buyer shall submit the claimed goods to the seller's registered office or to the place specified in these complaint rules / point 8.a./. The seller is obliged to accept the complaint in any establishment in which the acceptance of the complaint is possible, ie in his place of business in accordance with Art. § 18 par. 2 of the Consumer Protection Act / hereinafter referred to as the Act /
11. In the place designated for receiving complaints, the seller is obliged to ensure the presence of a person authorized to handle complaints in accordance with Art. § 18 par. 3 of the Act.
12. The buyer assumes liability for product defects with the seller without undue delay.
13. The seller shall issue to the buyer on the day of receipt of the complaint a document of receipt of the complaint of the goods in writing, e.g. in the form of an e-mail or in writing, in which he is obliged to accurately mark the defects of the goods in accordance with Art. § 18 par. 5 of the Act.
14. If the consumer files a complaint, the seller or an employee authorized by him or a designated person is obliged to inform the consumer about his rights under the general regulation based on the consumer's decision, which of these rights the consumer applies, is obliged to determine m) immediately, in complex cases no later than 3 working days from the date of the complaint, in justified cases, especially if a complex technical assessment of the condition of the product or service is required, no later than 30 days from the date of the complaint. After determining the method of handling the complaint, the complaint will be settled immediately, in justified cases, the complaint can be settled later; however, the settlement of the complaint may not take longer than 30 days from the date of the complaint. After the expiration of the period for handling the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new product.
15. The buyer does not apply the warranty for errors of which he was notified by the seller at the time of concluding the contract.
16. The buyer's right to claim the warranty from the seller expires:
a. by failing to submit a proof of payment (we recommend the buyer to secure and keep a copy of the document), delivery note or warranty card / if one of the above documents, accessories has been issued / is sufficient,
b. upon expiry of the warranty period of the goods,
c. mechanical damage to the goods caused by the buyer,
d. using the goods in conditions that do not correspond to the humidity, chemical and mechanical influences of the natural environment,
e. unprofessional handling, servicing, or neglect of care of the goods,
f. damage to the goods by excessive loading, improper storage, improper handling, or use in violation of the conditions specified in the documentation, general principles, technical standards or safety regulations in force in the Slovak Republic,
g. damage to the goods by unavoidable or unforeseeable events,
h. damage to the goods by accidental damage and accidental deterioration, other unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity or other intervention of force majeure, unauthorized intervention in the product.
17. The seller Is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:
a. by handing over the repaired goods,
b. exchange of goods,
c. by returning the purchase price of the goods,
d. by paying a reasonable discount on the price of the goods,
e. a written invitation to take over the performance specified by the seller,
f. by justified refusal of warranty claim of the goods.
18. The seller is obliged to issue a written document to the buyer about the handling of the complaint no later than 30 days from the date of the complaint.
19. The warranty period is 24 months from the date of conclusion of the purchase contract, except for products for which the warranty period is indicated by the time of consumption, resp. shelf life or minimum shelf life. The warranty period is extended by the period during which the buyer could not use the goods due to warranty repair of the goods.
20. In the event of an exchange of goods for a new one, the buyer will receive a document stating the exchanged goods, and any further claims are made on the basis of a new delivery note and this complaint document. In case of exchange of goods for new ones, the warranty period starts running again from the receipt of the new goods.
21. With regard to a remediable error, the complaint will be handled as follows:
a. the sEller ensures that the error is remedied, or
b. the seller replaces the defective goods with a new one, identical to the claimed product
22. In the case of an error which cannot be remedied, or one repeated repeated remediable error, or a number of different remediable errors, and which prevent the goods from being properly used as without error, the seller shall settle the complaint:
a. by canceling the sales contract, or at the customer's request by exchanging the goods for another functional one of the same or better technical parameters, or
b. in the event that the seller cannot exchange the goods for another, he will handle the complaint by issuing a credit note for the defective goods.
23. For the purposes of a complaint, the occurrence and elimination of the same remediable error more than twice is considered to be a repeated, remediable error.
24. For the purposes of a complaint, the occurrence and elimination of more than two different remediable errors is considered to be a larger number of different remediable errors.
25. In the event that the seller terminates the complaint procedure as a legally justified rejection of the complaint, but according to the consumer, the product defect objectively exists and has not been eliminated, the buyer can exercise his right to rectify the defect of the goods through the court.
26. The warranty does not apply to improper installation, resp. non-compliance with the procedure specified in the instructions for installation, maintenance and use - for products for which such a procedure results from the nature of the product.
27. Instructions for the consumer: (1) In the case of a defect that can be rectified, the buyer has the right to have it rectified free of charge, in a timely manner and properly. The Seller is obliged to eliminate the defect without undue delay. Instead of eliminating the defect, the seller can always replace the defective product with a perfect one, if this does not cause serious difficulties for the buyer. (4) In the case of a defect which cannot be remedied and which prevents the product from being properly used as a product without defects, the buyer has the right to replace the product or has the right to withdraw from the contract. The same rights belong to the buyer in the case of remediable defects, but if the buyer can not properly use the product due to the reoccurrence of the defect after repair or for a larger number of defects. product prices.