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 product errors 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 in force 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 the product 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 only for a product that shows defects caused by the manufacturer, supplier or seller, is covered by the warranty and was purchased from the seller.
6.The buyer will inspect the product upon receipt of the product. Once a product defect is found, it can claim the errors found during this inspection. During the warranty period, the customer has the right to rectify the error free of charge after presenting the product to the seller together with the proof of purchase.
7.If the product shows errors, the customer has the right to file a complaint with the seller in accordance with the provisions of § 18 para. 2 of the Consumer Protection Act by e-mail or telephone contact.
8. The complaint procedure for a product that can be objectively submitted to the seller begins on the day when all of the following conditions are met:
a. the consumer has submitted the claimed product to the address: VYSNIVANE COPIKY s. r. o.,Šúrska 136/A, Modra, 900 01, ID 53 165 446.
b. together with the claimed product, a proof of purchase was submitted to the above address - cash receipt (invoice), name and address of the consumer, or telephone contact, exact description of the product error, or how the product error occurred.
9.A sample complaint protocol is available at: https://www.vysnivanecopiky.sk/user/documents/upload/Reklamačný%20PROTOKOL%20na%20stiahnutie%20v%20PDF.pdf the consumer fills in the fields in points a-g in the complaint protocol and sends 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 submits the claimed product at the place specified in these complaint rules / point 8.a./.
11 .Ensure the presence of a person authorized to handle complaints in accordance with para. § 18 par. 3 of the Act.
12.The buyer asserts liability for product defects with the seller without undue delay.
13.The seller will issue to the buyer on the day of receipt of the complaint a receipt of the complaint of the goods in writing, e.g. in the form of an e-mail or in written form, in which he is obliged to accurately indicate 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 on these rights, the consumer is obliged to determine the method of handling complaints under § 2 letter. 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 accept warranty from the seller expires:
a.By not submitting a proof of payment (we recommend the buyer to secure a copy of the document and keep it), delivery note
b. upon expiry of the product warranty period,
c. mechanical damage to the product caused by the buyer,
d. by using the product in conditions that do not correspond to the natural environment, e. unprofessional handling, service, or neglect of product care, f. Damage to the product due to excessive loading, incorrect handling or use in violation of the conditions specified in the documentation, general principles, technical standards or safety regulations valid in the Slovak Republic,
g. damage to the product by unavoidable or unforeseeable events, h. Damage to the product by accidental damage and accidental deterioration, other unprofessional intervention, damage 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 product,
c. by returning the purchase price of the product,
d. by paying a reasonable discount on the price of the product,
e. a written invitation to take over the performance specified by the seller, f. Reasoned rejection of the product claim.
18. The seller is obliged to issue a written document to the buyer about the handling of the complaint no later than within 30 days from the date of the complaint.
19.The warranty period is 24 months for the goods sold and for making the item to order from the date of concluding the purchase contract. The warranty period for used goods is 12 months. The warranty period is extended by the time during which the buyer could not use the goods due to warranty repair of the goods.
20. With respect to a remediable error, the claim will be handled as follows: a. The seller ensures that the error is remedied, or
b. the seller replaces the defective product with a new one, identical to the claimed product.
22. In the case of a defect that cannot be remedied, or one recurring remediable error, or a number of different remediable errors, and which prevent the product from being properly used as without error, the seller will handle the complaint: a. By canceling the sales contract or, at the customer's request, by exchanging the product for other functional goods, of the same or better technical parameters, or
b. in the event that the seller cannot exchange the product for another, he will handle the complaint by issuing a credit note for the defective product.
23. For the purposes of a complaint, the occurrence and elimination of the same remediable error more than twice is considered to be a recurring remediable error.
24. For the purposes of the 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 error objectively exists and has not been eliminated, the buyer can exercise his right to rectify the product error through the court.
26. The warranty does not cover unprofessional intervention in the product, resp. non-compliance with the procedure specified in the instructions for 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. (2) Instead of eliminating the defect, the buyer may request a replacement of the product or, if the defect concerns only a part of the product, replacement of the part, if the seller does not incur disproportionate costs due to the price of the product or the severity of the defect. (3) The seller may always replace the defective product with a faultless one instead of eliminating the defect, if this does not cause serious difficulties for the buyer. (4) If it is a defect that cannot be removed 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 is unable to use the product properly due to the recurrence of the defect after repair or due to a larger number of defects. (5) In the case of other irreparable defects, the buyer is entitled to a reasonable discount on the price
Alternative out - of - court dispute resolution
a)The consumer has the right to contact the seller with a request for redress, by e-mail to: firstname.lastname@example.org or in writing to: VYSNIVANE COPIKY s. r. o., Šúrska 136/A, Modra, 900 01, IČO 53 165 446,If he is not satisfied with the way in which the seller has handled his complaint or if he considers that the seller has infringed his rights. If the seller responds to this request in a negative manner or does not respond to it within 30 days of its dispatch, the consumer has the right to file a motion to initiate alternative dispute resolution to the ADR entity (hereinafter referred to as the ADR entity) pursuant to Act 391/2015 Coll. ARS entities are bodies and authorized legal entities according to §3 of Act 391/2015 Coll. The consumer may submit the proposal in the manner specified pursuant to §12 of Act 391/2015 Coll.
b)The consumer may also lodge a complaint with the ADO ADR entities listed online at https://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1
c) Alternative dispute resolution can only be used by the consumer - a natural person who does not act within the scope of his business, employment or profession when concluding and fulfilling the consumer contract. Alternative dispute resolution only concerns a dispute between a consumer and a seller arising out of or in connection with a consumer contract.
Alternative dispute resolution only applies to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for initiating ADR up to a maximum of EUR 5 with VAT.
Done at Lutile, 22.01.2021