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Complaints
COMPLAINTS PROCEDURE (WARRANTY, CLAIMS)
This Complaint Procedure is governed by the relevant provisions of the Civil Code, as amended, and the provisions of Act No. 250/2007 Coll. on Consumer Protection and on Amendments to the Act of the Slovak National Council No. 372/1990 Coll. on Offences, as amended, in the case of liability for defects and the application of liability for defects in the goods sold and services provided.
1. The Seller shall be liable for defects in the goods upon receipt by the Buyer. In the case of used goods, the seller is not liable for defects caused by their use or wear and tear. In the case of goods sold for a lower price, the seller shall not be liable for the defect for which the lower price was agreed. If the seller proves that the buyer knew of the defect in the goods before taking delivery or caused it himself, the seller is not obliged to satisfy the buyer's claim. Unless the goods are perishable or second-hand, the seller is liable for defects that occur after the acceptance of the goods within the guarantee period (warranty). By guaranteeing quality, the seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a certain period of time.
2. The applicable Complaints Procedure shall apply to the handling of complaints. By sending an order to the Seller, the Buyer confirms that he/she 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 Section 18(1) of Act No. 250/2007 Coll. 372/1990 Coll. on offences, as amended (hereinafter referred to as the "Act").
3. The Complaints Procedure applies to the product purchased by the Buyer from the Seller in the form of an e-commerce on the Seller's e-commerce website, or via electronic mail, or otherwise.
4. The Complaints Procedure in this form is valid for all commercial cases, unless other warranty conditions are contractually agreed.
5. The Buyer has the right to claim a warranty from the Seller only for a product that has defects caused by the manufacturer, supplier or the Seller, is covered by the warranty and was purchased from the Seller.
6. The Buyer shall inspect the Product upon receipt of the Product. Upon discovery of a defect in the product, he may make claims for defects discovered during this inspection. The Buyer's acceptance of the Seller's warranty shall lapse unless the conditions set out in clause 16 have been fulfilled during the warranty period.
7. If the product shows defects, the customer has the right to file a claim with the Seller in accordance with the provisions of §18 (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 sends the product complained about to the following address: Slovak distribution, s. r. o., Kutuzovova 3290/17, 83103, Bratislava, tel. 0910 534 993, IČO 53 070 992,
b. together with the claimed product, a proof of purchase was submitted to the above-mentioned address - a receipt (invoice), the name and address of the consumer, or telephone contact, a precise description of the product defect, or how the product defect occurred.
9.A sample complaint report is available at :
https://www.zuvaj.sk/reklamacny-protokol.pdf the consumer fills in the boxes a-g in the complaint report and sends the complaint report to the seller by e-mail,
10. The commencement of the claim procedure is also the date of the claim. The Buyer shall present the claimed product at the place specified in these Claims Procedure /point 8.a./.
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 the provisions of Section 18 (3) of the Act.
12. The Buyer shall claim liability for product defects from the Seller without undue delay. In the event that the goods are returned to the Seller in other than intact condition and packaging, the Customer shall be obliged to compensate the Seller for the costs associated with restoring the goods to their original condition and any damage to the goods (incomplete contents, damaged packaging, worn or soiled goods, etc.).
Please send the goods registered and insured, as we are not responsible for their possible loss on the way to us. Please do not send the goods on cash on delivery.
13. On the day of receipt of the complaint, the Seller shall issue to the Buyer a document of receipt of the complaint in writing, e.g. in the form of an e-mail or in written form, in which he is obliged to precisely indicate the defects of the goods in accordance with the provisions of Section 18(5) of the Act.
14. If the consumer submits a complaint, the seller or his authorized employee or designated person is obliged to instruct the consumer about his rights under the general regulation on the basis of the consumer's decision, which of these rights the consumer claims, is obliged to determine the manner of handling the complaint under § 2 (m) immediately, in complex cases no later than 3 working days from the date of submission of the complaint, in justified cases, in particular if a complex technical evaluation of the condition of the product or service is required, no later than 30 days from the date of submission of the complaint. Once the method of handling the complaint has been determined, the complaint shall be handled immediately; in justified cases, the complaint may be handled later; however, the handling of the complaint shall not take longer than 30 days from the date on which the complaint was lodged. After the expiry of the period for processing the complaint, the consumer shall have the right to withdraw from the contract or to have the product exchanged for a new product.
If the Buyer has made a claim for a product within the first 12 months of purchase, the Seller may only reject the claim on the basis of a professional assessment; regardless of the outcome of the professional assessment, the Seller shall not require the Buyer to pay the costs of the professional assessment or any other costs related to the professional assessment. The Seller shall provide the Buyer with a copy of the professional assessment justifying the rejection of the claim within 14 days of the date of settlement of the claim at the latest. If the Buyer has made a claim for the product after 12 months from the date of purchase and the Seller has rejected it, the Seller shall indicate in the document on the handling of the claim to whom the Buyer may send the product for expert assessment. If the product is sent to a designated person for expert assessment, the costs of the expert assessment, as well as any other costs reasonably incurred in connection therewith, shall be borne by the buyer in the event that the result of the expert assessment was negative for the buyer. If the buyer proves the seller's liability for the defect by the expert assessment, the buyer may reassert the claim; the warranty period shall not expire while the expert assessment is being carried out. The Seller is obliged to reimburse the Buyer within 14 days from the date of the reasserted claim for all costs incurred for the expert assessment as well as all related costs reasonably incurred.
15. The Buyer's right to claim 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 5. of these Complaint Conditions and regardless of the outcome of the claim, he is not entitled to claim again for the same unique defect (not a defect of the same kind) repeatedly.
The Buyer shall not be entitled to claim for defects which have been brought to his attention in clause 16. or if he has purchased goods marked used.
Removable defect - if the cost of removing the defect would be the same as the price of the goods, the seller may supply the buyer with replacement goods. The choice of how to resolve the complaint is up to the seller.
16. The right to recognition of the warranty with the Seller by the Buyer shall be extinguished:
a. Failure to produce proof of payment (we recommend that the Buyer secure and retain a copy of the proof), the delivery note
b. the expiry of the warranty period of the product,
c. mechanical damage to the product caused by the buyer,
d. use of the product in conditions that do not correspond to the natural environment,
e. improper handling, operation or neglect of the product,
f. damage to the product by overloading, 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 product by unavoidable or unforeseeable events,
h. damage to the product by accidental deterioration and accidental deterioration, other unprofessional intervention, damage or atmospheric electricity or other force majeure, unauthorised interference with the product,
i. if the defect in the product is caused by tampering with the product by an unauthorised person.
j. if it is an obvious defect which the Buyer could have discovered by inspecting the consignment on delivery of the Goods and which the Buyer has not notified to the Seller in accordance with clause 21..
Terms and conditions
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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,
b. replacing the product,
c. by returning the purchase price of the product,
d. payment of a reasonable discount on the price of the product,
e. a written invitation to take delivery of the performance specified by the seller,
f. a reasoned rejection of a product claim.
18. The Seller is obliged to issue a confirmation to the Buyer when making a claim. If the claim is made by e-mail, the Seller is obliged to deliver the confirmation of the claim to the Buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the proof of the claim; the confirmation of the claim does not have to be delivered if the Buyer has the opportunity to prove the claim in another way.
19.The warranty period for new goods is 24 months, in the case of custom-made goods from the date of conclusion of the contract of sale. The warranty period for used goods is 12 months. The warranty period shall be extended by the period of time during which the buyer has been unable to use the goods due to the warranty repair of the goods. The proof of purchase is sufficient to make a claim.
20. In the case of a correctable defect, the claim will be handled as follows:
a. The Seller shall arrange for the defect to be rectified; or,
b. the Seller shall replace the defective product with a new product identical to the product complained of.
22. If there is a defect that cannot be rectified, or a single recurring rectifiable defect, or a number of different rectifiable defects, which prevent the product from being properly used as without defect, the Seller shall settle the claim:
a. by cancelling the contract of sale or, at the customer's request, by replacing the product with another functional product of the same or better technical parameters; or
b. in the event that the Seller is unable to exchange the product for another, the Seller shall settle the claim by issuing a credit note for the defective product.
23. For the purposes of a claim, the occurrence and rectification of the same rectifiable defect more than twice shall be deemed to be a repeated recurrence of a rectifiable defect.
24. for the purposes of a claim, the occurrence and rectification of more than two different rectifiable defects shall be deemed to be more than one different rectifiable defect.
25. If the seller terminates the complaint procedure as a lawful rejection of the complaint, but the product defect, according to the consumer, objectively exists and has not been eliminated, the buyer may exercise his right to eliminate the product defect through the court.
26.The warranty does not cover unprofessional intervention in the product or failure to follow the procedure specified in the instructions for use - for products for which such a procedure is implied by the nature of the product.
27. (1) If the defect is one that can be remedied, the buyer has the right to have it remedied free of charge, in a timely and proper manner. The seller is obliged to remove the defect without undue delay. (2) The buyer may, in lieu of the removal of the defect, require the product to be replaced or, if the defect relates only to a part of the product, the part to be replaced, provided that the seller does not thereby incur disproportionate costs in relation to the price of the product or the seriousness of the defect. (3) The seller may always, instead of removing the defect, replace the defective product with a faultless one, provided that this does not cause the buyer serious inconvenience. (4) If the defect is one which cannot be removed and which prevents the product from being properly used as a product without defect, the buyer has the right to have the product replaced or to withdraw from the contract. The same rights shall apply to the buyer if the defects are remediable, but if the buyer cannot properly use the product due to the reappearance of the defect after repair or due to a greater number of defects. (5) If there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the product.
Instead of removing the defect, the buyer may require replacement of the item or, if the defect relates only to a part of the item, replacement of the part if this does not incur disproportionate costs for the seller in relation to the price of the goods or the severity of the defect. The seller may always replace the defective item with a faultless one instead of removing the defect, if this does not cause serious inconvenience to the buyer. If there is a defect which cannot be remedied and which prevents the thing from being properly used as a thing without defect, the buyer has the right to have the thing replaced or to withdraw from the contract. The same rights are available to the buyer if the defect is remediable, but the buyer cannot properly use the item due to the recurrence of the defect after the repair or due to a greater number of defects (usually a third claim for the same defect or a fourth claim for different defects). In the case of other irremediable defects, the buyer is entitled to a reasonable discount on the price of the item.
Alternative dispute resolution
The buyer - consumer - has the right to contact the seller with a request for redress (by e-mail to info@zuvaj.sk if he is not satisfied with the way in which the seller has handled his complaint or if he believes that the seller has violated his consumer rights. If the Seller responds to this request in a negative manner or fails to respond within 30 days of sending it, the consumer has the right to submit a proposal for the initiation of an alternative dispute resolution to an alternative dispute resolution entity (hereinafter ADR entity) pursuant to Act 391/2015 Coll. ADR entities are authorities and authorised legal persons pursuant to §3 of Act 391/2015 Coll. The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk. The consumer may submit a proposal in the manner specified under §12 of Act 391/2015 Coll.
b) The consumer may also file a complaint through the alternative resolution platform with RSO disputes, which is available online at http://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov
The European Consumer Centre Slovakia, based at Mlynské nivy 44/A 827 15, Bratislava 212 Slovak Republic, is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and supplementing Regulation (EC) No 2006/2004 and Directive 2009/22/EC (the Regulation on online dispute resolution for consumer disputes).
c) Alternative Dispute Resolution may only be used by a consumer - a natural person who is not acting within the scope of his/her business, employment or profession when concluding and performing a consumer contract. Alternative Dispute Resolution shall apply only to a dispute between a consumer and a seller arising out of or in connection with a consumer contract. Alternative dispute resolution shall apply only 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 the initiation of ADR up to a maximum of EUR 5 including VAT.
In Bratislava, 01.08.2023