1. GENERAL
Erik Bunta - RM Pro with registered office at Bobrovec 422, 032 21 Liptovský Mikuláš, ID: 54 970 121 (hereinafter also "Seller") by this complaint procedure in accordance with § 18 par. 1 of Act no. 250/2007 Coll. on consumer protection and on the amendment of Act no. 372/1990 Coll. about offenses as amended, duly informs the consumer (hereinafter referred to as the "Buyer") about the conditions and method of exercising rights from liability for defects (hereinafter referred to as "complaint"), including information on where the claim can be made and about the performance of warranty repairs.
This complaint procedure is issued in accordance with Act no. 40/1964 Coll. Civil Code as amended (hereinafter also "Civil Code"), Act No. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended (hereinafter referred to as the "Consumer Protection Act"), Act No. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments and additions to certain laws, as well as other generally binding legal regulations of the Slovak Republic.
This complaint procedure is in accordance with § 18 par. 1 of Act no. 250/2007 Coll. on consumer protection placed in a visible place accessible to the Buyer in the Seller's business and at the same time it is published on its website.
2. LIABILITY FOR PRODUCT DEFECTS
The seller is responsible for defects that the sold goods have when they are taken over by the Buyer and for defects that occur after taking over the goods during the warranty period. The warranty period is 24 months.
For goods sold at a lower price due to a defect, the warranty period is 24 months, but the Seller is not responsible for the defect for which a lower price was negotiated.
By declaring in the warranty certificate issued to the Buyer, the Seller may provide a warranty exceeding the scope of the warranty established by law, while the terms and scope of this warranty will be determined in the warranty certificate.
The warranty period for used goods is 12 months.
Warranty periods start from the date of receipt of the goods by the Buyer. If the purchased goods are to be put into operation by an entrepreneur other than the Seller, the warranty period will begin to run only from the day of its commissioning, if the Buyer ordered the commissioning no later than three weeks after taking over the goods and properly and timely provided the cooperation necessary for the performance of the service.
The period from the exercise of the right from liability for defects to the time when the Buyer was obliged to take over the item after the repair is completed is not included in the warranty period. If the goods are exchanged, the warranty period starts again from the receipt of the new goods.
Rights from liability for product defects for which the warranty period applies will expire if they were not exercised within the warranty period.
If the Seller offers the Buyer additional goods as a gift to the sold goods free of charge, it is up to the Buyer whether he accepts the offered gift. However, this gift is not a sold item, therefore the Seller is not responsible for its possible defects. However, if the Seller knows about possible defects in the gift, he is obliged to inform the Buyer about them when offering the gift. If the gift has defects that the Seller did not inform the Buyer about, the Buyer is entitled to return it. If the Buyer has the right to withdraw from the contract (refund), the Buyer is obliged to return to the Seller everything that he received according to the contract, i.e. also goods received as a gift (Section 457 of the Civil Code in conjunction with Section 48, paragraph 2 of the Civil Code).
The buyer or the receiving person authorized by him are obliged to inspect the delivered goods at the moment of their acceptance. At this moment at the latest, the Buyer is obliged to make claims for defects in the goods that are obvious and that the goods have at the time of receipt. A defect consisting in an incorrect quantity of delivered goods is also considered an obvious defect. Any later application of claims due to defects in the goods, which could be detected during a careful inspection of the goods upon delivery, is excluded.
The seller is not responsible for product defects:
a) if the defect of the goods is mechanical damage or other damage to the goods caused by the Buyer,
b) used for a purpose other than that for which the goods were intended or improperly stored or otherwise used contrary to the Seller's prescribed manner or exposed to the influence of natural forces or elements, the action of which is not usual for the climatic zone in the Slovak Republic or which otherwise exceed the scope of normality,
c) if the defect of the goods was caused by the use of the goods in conditions that do not correspond in terms of intensity, humidity, chemical and mechanical effects to the natural environment of the goods,
d) not even within the scope of the guarantee for normal wear and tear of the goods and possible defects that arise as a result of it or as a result of the natural aging of the material from which the goods are made,
e) if the defect of the goods was caused by unprofessional handling, service, or neglect of the care of the goods,
f) if the defect of the goods was caused by damage to the goods due to excessive loading, or use contrary to the conditions stated in the documentation or the general principles of the usual use of the goods,
g) if the defect of the goods was caused by damage to the goods due to irreversible 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 force majeure,
j) if the defect in the goods was caused by an unauthorized person interfering with the goods,
k) if the defect of the goods was caused by unprofessional assembly and/or non-observance of assembly regulations and instructions.
3. APPLICATION OF RIGHTS FROM LIABILITY FOR DEFECTS
The Buyer asserts the right to repair at any of the Seller's facilities. If another entrepreneur designated for repair (hereinafter referred to as "warranty service") is listed in the warranty certificate, which is at the Seller's location or at a location closer to the Buyer, the Buyer shall exercise the right to repair at this warranty service. Addresses and telephone contacts of warranty services can be found by the buyer in the warranty certificate.
Other rights from liability for defects, i.e. the right to exchange goods, the right to withdraw from the purchase contract (refund) and the right to an appropriate discount is exercised by the Buyer in any of the Seller's operations.
The seller or a person authorized by him (employee) or the warranty service is obliged to determine the method of handling the complaint and to handle the complaint within a period that must not be longer than 30 days from the application of the complaint. In the case of a claim made within 12 months of the purchase of the goods, the Seller can handle the claim by rejecting it only on the basis of a professional assessment. If the Seller rejects a claim made after 12 months from the purchase of the goods, the Seller is obliged to inform the Buyer about who the product can be sent to for expert assessment. Expert assessment for the purposes of processing claims is understood as o. i. and the opinion of an authorized person or a person authorized by the manufacturer to carry out warranty repairs (§ 2 letter n) of the Consumer Protection Act.
The Seller is obliged to issue a confirmation to the Buyer when making a claim. This confirmation is a copy of the complaint protocol.
The seller is obliged to issue a written document about the claim settlement no later than 30 days from the date of the claim. This written document is a copy of the complaint protocol with a filled-in claim processing box, a letter containing a written notification about the processing of the claim, or an SMS message containing information about the processing of the claim with written confirmation of its sending.
4. PROCEDURE FOR HANDLING THE CLAIM
When submitting goods for a claim:
a) it is necessary to present a proof of purchase, or prove in another way that does not raise doubts, that the goods were purchased from the Seller,
b) it is necessary that the goods meet all other conditions for a warranty claim stated in the warranty certificate (physically undamaged, undamaged by a natural event, intact seals, etc.),
c) in the event that the Buyer asserts a right resulting from a warranty exceeding the scope of the warranty established by law, it is necessary to submit the original warranty certificate.
If it is a defect that can be removed, the Buyer has the right to its free, timely and proper removal. The Seller decides on the method of removing the defect and is obliged to remove the defect without undue delay.
Instead of removing the defect, the Buyer may demand the replacement of the goods, or if the defect concerns only a part of the goods, the replacement of this part, if this does not result in unreasonable costs for the Seller considering the price of the goods or the severity of the defect.
Instead of removing the defect, the Seller can always replace the defective goods with perfect ones, if this does not cause serious difficulties for the Buyer.
If it is a defect that cannot be removed, and which prevents the goods from being properly used as goods without defects, the Buyer has the right to exchange the goods or the right to withdraw from the purchase contract (refund).
The buyer has the right to exchange the goods or the right to withdraw from the contract (refund) even if it is a defect that can be removed, but if the buyer cannot properly use the goods due to the reappearance of the defect after repair. Reoccurrence of a defect after repair is considered to be the case if the same defect occurs a third time after at least two previous repairs.
The buyer has the right to exchange the goods or the right to withdraw from the contract (refund) even if the defects can be removed, but the buyer cannot properly use the item due to a greater number of defects. At least three different removable defects are considered to be a greater number of defects at the same time, while each of them prevents proper use.
If the Seller does not handle the complaint within 30 days, the Buyer has the same rights as if it were an irreparable defect, i.e. the right to exchange goods or refund money (withdrawal from the contract).
If it is an irreparable defect, but which does not prevent the proper use of the goods, the Buyer has the right to a reasonable discount on the price of the product.
If the Buyer has the right to exchange goods or the right to withdraw from the contract (refund), it depends on the Buyer which of these rights he exercises. However, as soon as he chooses one of these rights, he cannot unilaterally change this choice.
5. ALTERNATIVE DISPUTE RESOLUTION
In the event that the Buyer is not satisfied with the way in which seller processed his claim or believes that the Seller has violated his rights, the Buyer has the right to contact the Seller with a request for correction. If the Seller responds negatively to the Buyer's request in accordance with the previous sentence or does not respond to such a request within 30 days from the date of its sending by the Buyer, the Buyer has the right to file a motion to initiate an alternative dispute resolution pursuant to § 12 of Act No. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain laws.
The competent entity for the alternative resolution of consumer disputes with the Seller is the Slovak Trade Inspection with its seat in Žilina or another relevant authorized legal entity registered in the list of entities for alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic. The buyer has the right to choose which of the listed alternative dispute resolution entities to turn to.
6. FINAL PROVISIONS
This complaint procedure applies starting on February 1, 2016.
The supervisory authority that supervises the Seller is: Slovak Trade Inspection with headquarters in Žilina for the Žilina Region, Predmestská 71, P.O. Box B-89; 011 79 Žilina 1, Tel. no. 041/7632 130, 041/7632 139.