1. The Buyer shall have the right to a free removal of the defect, in a timely and orderly manner, as regards the defect of the goods which can be removed. The seller is obliged to remove the defect without undue delay.
2. Instead of removing the defect, the buyer may require replacement of the goods or, if the defect concerns only a certain part of the goods, the replacement of that part, unless the seller incurs unreasonable costs due to the price of the goods or the severity of the defect.
3. The Seller may exchange defective goods for goods without defects, unless this causes serious difficulties for the Buyer.
4. In the case of a defect of the goods that cannot be removed and which prevents the goods from being properly used as a defect-free item, 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 removable defects, however, if the buyer cannot properly use the goods due to the repeated occurrence of the defect after repair or for a larger number of defects.
5. In the case of other irremovable defects, the buyer is entitled to a reasonable discount on the price of the goods.
6. The Seller instructed the Buyer about his rights under the provisions of the Prov. § 622 of the Civil Code (paragraphs 8.1. To 8.3. Of these Commercial and Complaint Conditions) and the rights arising from it. § 623 of the Civil Code (paragraphs 8.4. To 8.5. Of these Terms and Conditions) by placing these terms and conditions on the relevant e-commerce sub-page of the Seller and the Buyer had the opportunity to read them in time before placing the order.
7. The buyer is obliged to file a claim with the seller or designated person. The Seller is responsible for defects of the goods in accordance with the valid legal regulations of the Slovak Republic. Information on the service points and designated persons for warranty and post-warranty service shall be provided by the Seller to the Buyer on the back of the warranty certificate or
8. The handling of complaints shall be governed by the applicable Complaints Procedure of the Seller, ie Art. 8. these terms and conditions of complaint. The Buyer has been properly acquainted with the Complaints Procedure and has been informed of the terms and conditions of the complaint of the goods, including information on where the complaint can be made and the performance of warranty repairs in accordance with the provisions of Art. § 18 par. 1 of Act no. 250/2007. from. on Consumer Protection and on Amendment to Act of the Slovak National Council no. 372/1990 Coll. on misdemeanors, as amended (hereinafter referred to as the “Act”) prior to the conclusion of the purchase contract by placing these business and complaint conditions on the relevant e-commerce sub-page of the seller and the buyer had the opportunity to read them.
9. Goods purchased by the buyer from the seller in the form of e-commerce on the seller’s e-shop website are subject to the Complaints Procedure.
10. If the goods show defects for which the manufacturer, supplier or seller is responsible, covered by the guarantee and purchased from the seller, the buyer has the right to claim liability for defects of the goods from the seller.
11. If the goods show defects, the buyer has the right to lodge a complaint at the seller’s premises in accordance with the provisions of Art. § 18 par. 2 of the Act by delivering the goods to the seller’s premises and delivering to the seller a manifestation of the buyer’s will to exercise his right under paragraphs 8.1. to 8.5. of these Terms and Conditions (hereinafter referred to as “Notice of Claim”) eg. in the form of a completed claim form, which is located on the relevant e-commerce sub-page of the Seller. The Seller recommends to insure the goods when sending them for complaints. The seller does not accept cash on delivery items. The Purchaser is obliged to state in the Notice of Complaint the truthfully all required information, in particular precisely indicate the type and extent of the defect of the goods; the buyer shall also indicate which of its rights under Sections 622 and 633 of the Civil Code shall apply. The Buyer has the right to lodge a complaint also with a person authorized by the manufacturer of the goods to perform warranty repairs (hereinafter referred to as “designated person”). The list of designated persons is included in the warranty card or sent to the buyer at the seller’s request.
12. The complaint procedure for 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 claim to the buyer, the seller
b) delivery of the claimed goods from the buyer to the seller or to a designated person
c) delivery of access codes, passwords, etc. to the claimed goods to the seller, if these data are necessary to properly handle the claim
13. If the subject of the complaint is goods that cannot be objectively delivered to the seller or which is firmly built-in, the buyer is in addition to meeting the conditions under points 8.12 (a). a) and c) of these Complaints and Terms and Conditions shall provide all necessary cooperation for the inspection of the claimed goods by the Seller or a third person designated by the Seller. The complaint procedure for goods which cannot be objectively delivered to the seller or which is firmly embedded shall commence on the day on which the goods were inspected according to the first sentence. If, however, the Seller or a third party designated by the Seller does not ensure the inspection within a reasonable time, despite the necessary assistance from the Buyer within a reasonable period of time, but no later than 10 days after receipt of the Seller’s Complaint Notice, the complaint procedure begins.
14. The Seller or designated person shall issue to the Buyer a confirmation of claiming the goods in a suitable form chosen by the Seller, eg. in the form of an e-mail or in written form, in which it is obliged to accurately indicate the claimed defects of the goods and instructs the consumer once again about his rights under Section 8.1. to 8.3. of these Commercial and Complaint Conditions (the provisions of Section 622 of the Civil Code) and the rights arising from Section 8.4. to 8.5. of these Commercial and Complaint Conditions (provisions of § 623 of the Civil Code). If the complaint is made by means of remote communication, the seller is obliged to deliver the confirmation of the claim immediately to the buyer; 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 complaint handling; the confirmation of the claim need not be delivered if the buyer has the possibility to prove the claim otherwise.
15. The Buyer is entitled to decide which of its rights under the provisions of § 622 and ust. Section 623 of the Civil Code is applied and at the same time obliged to deliver information about its decision to the seller without delay. Based on the buyer’s decision, which of its rights under § 622 and ust. Section 623 of the Civil Code is applied by the seller or a designated person is obliged to determine the method of settling the complaint under the provisions of § 2 let. m) of the Act immediately, in more complicated cases within 3 days from the start of the complaint procedure, in justified cases, especially if a complicated technical assessment of the condition of the goods is required no later than 30 days from the date of claim. After determining the method of settling the claim, the seller or the designated person will settle the claim immediately, in justified cases the claim can be settled later. However, the claim must not be processed for more than 30 days from the date of claim. After the lapse of the deadline for settling the claim, the consumer has the right to withdraw from the contract or the right to exchange goods for new goods.
16. If the buyer has made a claim for the goods within the first 12 months of the conclusion of the purchase contract, the seller can only refuse the claim based on an expert opinion or an opinion issued by an authorized, notified or accredited person or an opinion of a designated person. Regardless of the outcome of the expert assessment, the seller may not require the buyer to pay for the expert assessment of the goods or other costs related to the expert assessment of the goods.
17. If the buyer has lodged a claim after 12 months from the conclusion of the purchase contract and the seller has rejected it, the person who settled the claim is obliged to indicate in the document on the claim settlement 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 claim settlement document, the costs of expert assessment of the goods as well as all other related purposefully spent costs shall be borne by the seller, regardless of the result of the expert assessment. If the Buyer proves the Seller’s responsibility for the claimed defect of the goods by professional judgment, he / she can lodge the complaint again; the warranty period does not expire during the expert assessment of the goods. The seller is obliged to pay to the buyer within 14 days from the date of the complaint again all the costs incurred for the professional assessment of the goods, as well as all related costs reasonably incurred. A reclaimed claim cannot be rejected.
18. The Buyer is not entitled to exercise the right of liability for defects which were notified to the Seller at the time of conclusion of the Contract or which he had to be aware of, having regard to the circumstances in which the Purchase Contract was concluded.
19. The Seller reserves the right to replace defective goods with other defective goods with the same or better technical parameters, unless this causes the Buyer serious difficulties.
20. The seller is not liable for defects of the goods:
if there is a manifest defect that the buyer may have found by checking the shipment upon delivery of the goods and which he has not notified to the seller’s representative in accordance with point 5.8. these complaints and business terms,
if the buyer has not exercised his right concerning the seller’s liability for defective goods by the end of the warranty period of the goods,
if the defect is mechanical damage to the goods caused by the buyer,
if the defect of the goods was caused by the use of the goods in conditions that do not correspond to the natural environment of the goods due to their intensity, humidity, chemical and mechanical influences,
if the defect of the goods was caused by improper handling, servicing or neglect of the care of the goods,
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 general principles of normal use of the goods,
if the defect is caused by damage to the goods by unavoidable and / or unforeseeable events,
if the defect of the goods was caused by damage to the goods by accidental deterioration and accidental deterioration,
if the defect of the goods was caused by unprofessional interference, damage by water, fire, static or atmospheric electricity or other acts of force majeure,
if the defect of the goods was caused by an interference with the goods of an unauthorized person.
21. The seller is obliged to handle the claim and terminate the claim procedure in one of the following ways:
(a) the exchange of goods;
b) return of the purchase price of the goods,
c) handing over repaired goods,
d) payment of a reasonable discount on the price of the goods,
e) a written call for acceptance of the performance determined by the seller;
f) by reasoned rejection of the claim of the goods.
22. The Seller is obliged to issue a written document on the method of determining the complaint handling and the complaint handling within 30 days from the date of the complaint personally, through the postal or courier or delivery service provider. The seller will inform the buyer about the outcome of the complaint immediately after the complaint procedure by telephone or e-mail. proof of complaint handling delivered by e-mail.
23. The warranty period is 24 months from the date of delivery of the goods, unless otherwise 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 the event of a shorter expiration period, the seller will contact the buyer by phone or e-mail.
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.
25. In the case of replacement of the goods for a new one, the warranty period will start again from the receipt of the new goods, but only for the new goods. In the case of exchange of goods for a new one, the buyer will receive a document stating information on the exchange of goods and any other complaints shall be made on the basis of the purchase contract and this complaint document.
26. In the event of a removable defect, the claim shall be settled at the Buyer’s discretion pursuant to paragraph 8.15. of these complaints and business terms as follows:
(a) the seller replaces the defective goods; or
b) the seller ensures the removal of the defect
27. As regards the removable defect and the buyer shall not promptly determine in accordance with paragraph 8.15. of these complaints and business conditions, how the complaint is to be handled, the seller shall handle the complaint by removing the defect.
28. In the case of a defect that cannot be remedied, or one or more repetitive defects, or a number of different removable defects that prevent the goods from being properly used as without defects, the seller shall, at the discretion of the buyer, according to paragraph 8.15. of these Complaints and Terms and Conditions complaint as follows:
in exchange of goods for other functional goods of the same or better technical parameters, or
if the seller is unable to exchange the goods for another, he will settle the claim by returning the purchase price for the goods.
29. In the case of a non-removable defect or a repeatedly removable defect, or in the case of a number of different removable defects which prevent the proper use of the goods than without the defect and the buyer shall not promptly determine in accordance with paragraph 8.15. of these complaints and business conditions, how the complaint is to be handled, the seller handles the complaint in exchange of goods for other functional goods of the same or better technical parameters.
30. Settlement of complaint applies only to defects stated in the Notice of claim and in the confirmation of claim of goods according to paragraph 8.14. of these complaints and business terms.
31. For the purposes of a claim, the occurrence of one removable defect is considered to be more than two times more repetitive.
32. For the purposes of a claim, the occurrence of more than three different removable defects is considered to be a number of different removable defects at the same time.
33. The buyer’s right to claim a defect is after having exercised his right and asked the seller to remedy the defect of the goods according to point 8.1. of these complaints and business conditions, and regardless of the outcome of the complaint, is again not entitled to the same unique defect (not a defect of the same type) to reclaim the complaint.
34. 8 of these complaints and business terms do not expressly apply to entities that do not meet the consumer definition given in § 2 let. a) of Act 102/2014.
