Complaints procedure (warranty, liability for defects, complaints)

 

8.1. The buyer has the right to free removal of the defect, in a timely and proper manner, with respect to the defect of the goods, which can be removed. It is the seller's responsibility to eliminate the defect without undue delay.

8.2. Instead of eliminating the defect, the buyer may request the replacement of the goods or, if the defect concerns only a certain part of the goods, the replacement of this part, provided that the seller does not incur disproportionate costs due to the price or severity of the defect.

8.3. The seller can always exchange defective goods for goods without defects, unless this causes serious difficulties for the buyer.

8.4. In the case of a defect in the goods which cannot be removed and which prevents the goods from being properly used as a thing without defects, the buyer has the right to exchange the goods or has the right to withdraw from the purchase contract. The same rights belong to the buyer in the case of remediable defects, but if the buyer can not properly use the goods due to the recurrence of the defect after repair or for a larger number of defects.

8.5. In the case of other irreparable defects, the buyer is entitled to a reasonable discount on the price of the goods.

8.6. The seller instructed the buyer about his rights, which arise from the stat. § 622 of the Civil Code (points 8.1. To 8.3. Of these business and complaint conditions) and the rights arising from it. § 623 of the Civil Code (points 8.4. To 8.5. Of these business and complaint conditions) by placing these business and complaint conditions on the relevant subpage of the seller's e-shop and the buyer had the opportunity to read them in time before sending the order.

8.7. The buyer is obliged to file a complaint with the seller or a designated person. The seller is responsible for defects in the goods in accordance with applicable laws of the Slovak Republic. Information on service points and designated persons for warranty and post-warranty service will be provided by the seller to the buyer on the back of the warranty card or on request by phone or e-mail.

 

8.8. The handling of complaints is governed by the valid complaint procedure of the seller, ie Art. 8. these business and complaint conditions. The buyer was duly acquainted with the complaint procedure and 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 Z. from. 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") in the period before concluding the purchase contract by placing these business and complaint conditions on the relevant subpage of the seller's e-shop and the buyer had the opportunity to read them before sending the order.

8.9. Goods purchased by the buyer from the seller in the form of e-commerce on the seller's e-commerce website are subject to the complaint procedure.

 

8.10. If the goods show defects for which the manufacturer, supplier or seller is responsible, they are covered by the warranty and were purchased from the seller, the buyer has the right to claim liability from the seller for defects in the goods.

 

8.11. If the goods show defects, the buyer has the right to file a complaint at the seller's premises in accordance with Art. § 18 par. 2 of the Act by delivering the goods to the seller's premises and delivering to the seller a statement of the buyer's will to exercise his right under points 8.1. to 8.5. of these business and complaint conditions (hereinafter referred to as the "Notice of Complaint"), e.g. in the form of a completed complaint form, which is located on the relevant subpage of the seller's e-commerce. The seller recommends insuring the goods when sending them for a complaint. The seller does not accept cash on delivery. The Buyer is obliged to state all the required information truthfully in the Notice of Complaint, in particular to precisely indicate the type and extent of the defect in the goods; the buyer shall also state which of his rights arising from para. Sections 622 and 633 of the Civil Code apply. The buyer has the right to file a complaint with a person authorized by the manufacturer of the goods to perform warranty repairs (hereinafter referred to as the "designated person"). The list of designated persons is given in the warranty card or the seller will send it to the buyer at his request.

 

8.12. The complaint procedure concerning goods that can be delivered to the seller begins on the day when all of the following conditions are cumulatively met:

a) delivery of the notification of the complaint by the buyer, the seller

b) delivery of the claimed goods from the buyer to the seller or a person designated for that purpose

c) delivery of access codes, passwords, etc. to the claimed goods to the seller, if these data are necessary for the proper handling of the complaint

 

8.13. If the subject of the complaint is goods that cannot be objectively delivered to the seller or that are permanently installed, the buyer is, in addition to meeting the conditions under points 8.12 (a). a) and c) of these complaint and business conditions, he is obliged to provide all necessary cooperation for the inspection of the claimed goods by the seller or by a third party designated by the seller. The complaint procedure concerning goods which cannot be objectively delivered to the seller or which are permanently installed begins on the day when the inspection of the goods was carried out in accordance with the first sentence. However, if the Seller or a third party designated by him, despite the necessary cooperation provided by the Buyer, does not ensure the inspection within a reasonable time, but no later than 10 days from delivery of the Notice to the Seller, the complaint procedure begins on the day of delivery of the Notice to the Seller.

 

8.14. The seller or a designated person shall issue to the buyer a confirmation of the claim for the goods in a suitable form chosen by the seller, e.g. in the form of an e-mail or in written form, in which he is obliged to accurately indicate the claimed defects of the goods and once again instructs the consumer about his rights under point 8.1. to 8.3. these business and complaint conditions (provisions of § 622 of the Civil Code) and the rights arising from point 8.4. to 8.5. of these business and complaint conditions (provisions of § 623 of the Civil Code). If the complaint is made by means of long-distance communication, the seller is obliged to deliver the confirmation of the complaint to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the proof of the complaint; The confirmation of the claim need not be delivered if the buyer has the opportunity to prove the claim in another way.

 

8.15. The buyer is entitled to decide which of his rights in accordance with Art. § 622 and par. § 623 of the Civil Code applies and at the same time is obliged to immediately deliver information about its decision to the seller. Based on the decision of the buyer, which of his rights in accordance with Art. § 622 and par. § 623 of the Civil Code is applied by the seller or a designated person obliged to determine the method of handling the complaint according to the provisions of Art. § 2 letter m) of the Act immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases, especially if a complex technical assessment of the condition of the goods is required no later than 30 days from the date of the complaint. After determining the method of handling the complaint, the seller or the designated person will handle the complaint immediately, in justified cases, the complaint can be resolved 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 time limit for settling the complaint in vain, the consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods.

 

8.16. If the buyer has lodged a claim for the goods within the first 12 months from the conclusion of the purchase contract, the seller may settle the claim only on the basis of an expert opinion or opinion issued by an authorized, notified or accredited person or the opinion of a designated person (hereinafter "expert assessment of goods"). Irrespective of the result of the professional assessment, the seller may not require the buyer to pay the costs of the professional assessment of the goods or other costs related to the professional assessment of the goods.

 

8.17. If the buyer has made a product complaint 12 months after the conclusion of the purchase contract and the seller has rejected it, the person who handled the complaint is obliged to state in the complaint document to whom the buyer can send the goods for professional assessment. If the buyer sends the goods for expert assessment to the designated person specified in the document on the handling of the complaint, the costs of expert assessment of the goods, as well as all other related purposefully incurred costs shall be borne by the seller, regardless of the result of expert assessment. If the buyer proves by professional assessment the responsibility of the seller for the claimed defect of the goods, he can file a complaint again; the warranty period does not expire during the professional assessment of the goods. The seller is obliged to reimburse the buyer within 14 days from the date of the re-filed complaint all costs incurred for the professional assessment of the goods, as well as all related purposefully incurred costs. A re-submitted claim cannot be rejected.

 

8.18. The buyer has no right to exercise the right of liability for defects of which he was notified by the seller at the time of concluding the contract, or which, taking into account the circumstances under which the purchase contract was concluded, he must have known.

 

8.19. The seller reserves the right to replace defective goods with other perfect goods with the same or better technical parameters, if this does not cause serious difficulties for the buyer.

 

8.20. The seller is not responsible for defects in the goods:

(a) in the case of an obvious defect which the buyer was able to detect by inspecting the consignment on delivery of the goods and which he did not notify the seller's representative in accordance with point 5.8. these complaint and business conditions,

b) if the buyer has not exercised his right concerning the seller's liability for defect in the goods by the end of the warranty period of the goods,

c) if the defect of the goods is mechanical damage to the goods caused by the buyer,

d) if the defect of the goods was caused by the use of the goods in conditions that do not correspond with their intensity, humidity, chemical and mechanical influences to the natural environment of the goods,

e) if the defect of the goods was caused by improper handling, handling or neglect of care of the goods,

f) if the defect of the goods was caused by damage to the goods by excessive loading or use in violation of the conditions specified in the documentation or the general principles of normal use of the goods,

g) if the defect of the goods was caused by damage to the goods by unavoidable and / or unforeseeable events,

h) if the defect of the goods was caused by damage to the goods by accidental destruction and accidental deterioration,

i) if the defect of the goods was caused by unprofessional intervention, damage by water, fire, static or atmospheric electricity or other intervention of force majeure,

j) if the defect of the goods was caused by an interference with the goods by an unauthorized person.

 

8.21. It is the seller's obligation to settle the complaint and terminate the complaint procedure in one of the following ways:

a) exchange of goods,

b) return of the purchase price of the goods,

c) by handing over the repaired goods,

d) payment of a reasonable discount on the price of the goods,

e) a written invitation to take over the performance specified by the seller,

f) by reasoned rejection of the claim for the goods.

 

8.22. The seller is obliged to issue a written document to the buyer about the method of determining the handling of the complaint and the handling of the complaint no later than 30 days from the date of the complaint in person, through the provider of postal or courier or delivery service. The seller will inform the buyer about the result of handling the complaint immediately after the end of the complaint procedure by phone or e-mail and at the same time he will be together with the goods, resp. proof of complaint handling delivered via e-mail.

 

8.23. The warranty period is 24 months from the date of delivery of the goods, unless a different warranty period is specified for specific cases. Shipped sports nutrition products, food in gift baskets and animal feed have a minimum shelf life of more than 2 months before the expiration date, in case of a shorter expiration date, the seller contacts the buyer by phone or e-mail and the shipment is sent only with the buyer's consent.

 

8.24. In the case of warranty repair of goods, the warranty period is extended by the time during which the buyer could not use the goods.

 

8.25. In the case of exchange of goods for new goods, the warranty period begins to run again from the receipt of new goods, but only for new goods. In the case of an exchange of goods for a new one, the buyer will receive a document stating information about the exchange of goods, and any other complaints are applied on the basis of the purchase contract and this complaint document.

 

8.26. In case of a remediable defect, the complaint will be settled according to the decision of the buyer according to point 8.15. these complaint and business conditions as follows:

(a) the seller replaces the defective goods; or

b) the seller will ensure the elimination of the defect

 

8.27. In the case of a remediable defect and the buyer shall not immediately determine in accordance with point 8.15. of these complaint and business conditions, how the complaint should be handled, the seller will handle the complaint by eliminating the defect.

 

8.28. In the case of a defect that cannot be remedied, or a single repetitive remediable defect, or a number of different remediable defects that prevent the goods from being properly used as a defect, the seller will, depending on the buyer's decision under 8.15. these complaint and business conditions, the complaint is as follows:

(a) by exchanging goods for other functional goods of the same or better technical performance; or

b) in the event that the seller is unable to exchange the goods for another, he will settle the complaint by refunding the purchase price for the goods.

 

8.29. In the case of an irreparable defect or a repeated defectable defect, or in the case of a number of different remediable defects which prevent the proper use of the goods than without defect and the buyer shall not immediately determine in accordance with point 8.15. of these complaint and business conditions, how the complaint should be handled, the seller will handle the complaint by exchanging the goods for other functional goods of the same or better technical parameters.

 

8.30. Complaint handling applies only to defects listed in the Notice on the application of the complaint and in the confirmation of the application of the complaint of goods according to point 8.14. these complaint and business conditions.

 

8.31. For the purposes of a complaint, the occurrence of one remediable defect more than twice is considered to be a recurring remediable defect several times.

 

8.32. For the purposes of a complaint, the occurrence of more than three different remediable defects at the same time is considered to be a larger number of different remediable defects.

 

8.33. The right of the buyer to file a claim for a defect in the goods is after he has exercised his right and asked the seller to remove the defect in the goods according to point 8.1. of these complaint and business conditions consumed and regardless of the result of the complaint, he is no longer entitled to file a complaint repeatedly for the same unique defect (not a defect of the same type).

 

8.34. The provisions of Art. 8 of these complaint and business conditions do not explicitly apply to entities that do not meet the definition of consumer set out in Art. § 2 letter a) of Act 102/2014.