Complaints
1. DEFECT LIABILITY RIGHTS
1.1. Introductory provision on liability for defects
1.1.1. We undertake to deliver the Goods to you in the required quality, quantity and without defects.
1.1.2. We are responsible for defects in the Goods upon receipt. We are not liable for defects caused by their use or wear and tear. In the case of Goods sold at a lower price, we are not liable for defects for which a lower price has been agreed.
1.1.3. The general warranty period is 24 months. The warranty period begins from the moment the Goods are taken over by you.
1.1.4. If the Goods are replaced, the warranty period begins to run again from the receipt of the new Goods by you.
1.1.5. Your rights under liability for defects in the Goods for which the warranty period applies will lapse if you do not exercise them during the warranty period. However, you must exercise the liability rights for defective goods at the latest on the day following the purchase, otherwise your rights will expire.
1.2. We guarantee that at the time of the transfer of the danger of accidental destruction and accidental deterioration of the Goods under Art. 5.7 The conditions are Goods without defects, in particular that:
a) has the characteristics that we have agreed with you and, if they have not been expressly agreed, then those that we have stated in the description of the Goods, or those that can be expected due to the nature of the Goods;
b) is suitable for the purposes we have stated or for the purposes which are usual for Goods of this type;
c) corresponds to the quality or production of the agreed sample if the quality or production has been determined on the basis of the sample;
d) is in the appropriate quantity and weight;
e) meets the requirements of special legislation;
f) is not encumbered by the rights of third parties.
1.3. Conditions for exercising the law of liability for defects (complaints)
1.3.1. Upon receipt of the Goods, you are obliged to thoroughly inspect and inspect the Goods. In the event of obvious defects (eg mechanical damage), you are obliged to file a complaint in accordance with Section 6.4.1 without undue delay. below. We will not take into account a later claim due to obvious defects in the Goods, including a defect consisting in the incompleteness of the Goods.
1.3.2. You are obliged to exercise the right of liability for other defects (hidden defects) in the manner specified in Section 6.4.1. below without undue delay after you have discovered the defect in the Goods, but no later than the expiration of the warranty period.
1.3.3. The warranty only covers manufacturing defects of the Goods and defects caused by mechanical damage. You may not exercise the right of liability for defects, especially for defects caused by wear and tear, mechanical damage, use of the Goods in unsuitable conditions, etc.
1.3.4. You are not entitled to exercise the right of liability for the defect if you knew about the defect before taking over the Goods, resp. we have notified you of it or you have therefore been granted a reasonable discount on the Price of the Goods.
1.4. Exercising the right from liability for damage (complaints)
1.4.1. In the event that the Goods have a defect, ie especially if any of the conditions under Art. 6.2, you can notify us of such a defect and exercise your rights from liability for defects (ie claim the Goods) by sending an e-mail or letter to our addresses listed with our identification data, or in person at our establishment. For complaints, you can also use the sample form provided by Our site, which forms Annex no. 1 Terms.
1.4.2. In your notification by which you make a claim, state in particular a description of the defect of the Goods and your identification data, including the e-mail to which you are interested in receiving the notification of the complaint, and also which of the claims for defects specified in point 6.5 .4. to 6.5.8., you apply.
1.4.3. When making a complaint, also provide us with a proof of purchase of the Goods (invoice), in order to prove its purchase from us, otherwise we are not obliged to acknowledge your complaint.
1.4.4. We consider the day of delivery of the defective Goods together with the relevant documents to be the day of the commencement of the complaint procedure (according to point 6.4.3). In the event that your submission, which you are claiming, is incomplete (especially illegible, unclear, incomprehensible, does not contain the required documents, etc.), in writing, especially by e-mail from you we will request a supplement to the submitted complaint. In this case, the complaint procedure begins on the day of delivery of your supplemented submission.
1.4.5. If you do not complete the submitted complaint in accordance with point 6.4.4. of this article without undue delay, no later than within 10 days from the date of delivery of our invitation pursuant to point 6.4.4. of this article, we will consider your submission to be unfounded.
1.5. Complaint handling
1.5.1. Based on your decision, which of the rights under § 622 and § 623 of Act No. 40/1964 Coll. You apply the Civil Code as amended (hereinafter referred to as the “Civil Code”) (specified in clauses 6.5.4 to 6.5.8), we will determine the method of handling the complaint immediately, in complex cases no later than within 3 working days from the date of your complaint. In justified cases, especially if a complex technical assessment of the condition of the Goods is required, no later than within 30 days from the date of your complaint.
1.5.2. After determining the method of handling the complaint, we will handle the complaint immediately, in justified cases we can handle the complaint 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, you have the right to withdraw from the Contract or you have the right to exchange the Goods for new goods, if possible.
1.5.3. We will issue you a written document about the handling of the complaint, no later than 30 days from the date of the complaint, and we will inform you about its handling via e-mail. In the event that the complaint is accepted, we will send you the repaired Goods or exchange the Goods for new goods or return the paid Price of the Goods to you, unless we agree otherwise.
1.5.4. If it is a defect that we can eliminate, you have the right to have the defect rectified free of charge, in good time and properly. We will remove the defect of the Goods without undue delay.
1.5.5. Instead of eliminating the defect, you may request the replacement of the Goods or, if the defect concerns only a part of the Goods, the replacement of this part, in cases where we do not incur disproportionate costs due to the Price of the Goods or the severity of the defect.
1.5.6. Instead of eliminating the defect of the Goods, we can always replace the defective Goods with perfect ones, if this does not cause you serious difficulties.
1.5.7. If it is a defect of the Goods that cannot be removed and which prevents you from properly using the Goods as defect-free goods, you have the right to exchange the Goods or you have the right to withdraw from the Contract. The same rights belong to you in the case of remediable defects, but you cannot use the Goods properly due to the recurrence of the defect after the repair or due to a larger number of defects.
1.5.8. In the case of other irreparable defects, you are entitled to a reasonable discount on the Price of the Goods.
1.5.9. We will settle the complaint by handing over the repaired Goods, exchanging the Goods, returning the Price of the Goods, paying a reasonable discount from the Price of the Goods, a written request to take over the performance (Goods) or a justified rejection of the complaint.
1.6. The exercise of rights from liability for defects and complaints of the Goods is governed by the provisions of § 619 et seq. Of the Civil Code, 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 “Consumer Protection Act”), and Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the seller's premises and on the amendment of certain laws as amended (hereinafter the "Distance Consumer Protection Act").
1.7. If you are an entrepreneur, it is your responsibility to report and reprimand the defect without undue delay after you have discovered it, but no later than within 3 days of receiving the Goods.
1.8. If you are a consumer, you have the right to exercise your liability for defects that occur in the consumer Goods within 24 months of receipt of the Goods.
2. WITHDRAWAL FROM THE CONTRACT
2.1. Withdrawal from the Agreement, ie the termination of the contractual relationship between us and you from the beginning, may occur for the reasons and in the ways specified in this article, or in other provisions of the Conditions, in which the possibility of withdrawal is explicitly stated.
2.2. In the event that you are a consumer, ie a person purchasing the Goods outside the scope of your business, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of delivery of the Goods in accordance with § 7 of the Consumer Protection Act. In the event that we have concluded a Contract, the subject of which is several types of Goods or delivery of several parts of the Goods, this period begins to run only on the day of delivery of the last part of the Goods, and if we have entered into a Contract under which we will deliver the Goods to you regularly and repeatedly, begins on the day of delivery of the first delivery. You may withdraw from the Agreement in any provable manner (in particular by sending an e-mail or letter to our addresses listed under Our identification data). To withdraw, you can also use the sample form provided by Our site, which forms Annex no. 2 Terms.
2.3. However, even as a consumer, you may not withdraw from the Contract in cases where the subject of the Contract is:
a) Goods whose Price depends on price movements in financial markets independent of Our will and may occur during the period for withdrawal from the Contract;
b) delivery of alcoholic beverages, the Price of which was agreed at the time of concluding the Contract, while their delivery can be made after 30 days at the earliest and their Price depends on the movement of prices on the market, which we cannot influence;
c) Goods made to your special requirements, made to measure for you or Goods designed specifically for one consumer;
d) Goods which are subject to rapid deterioration or deterioration and Goods which have been irretrievably mixed with another after delivery;
e) Goods in a closed package which has been removed from the package and it is not appropriate to return it for health or hygiene reasons;
f) the supply of sound recordings, video recordings, audio-visual recordings or computer software sold in protective packaging in the event of a breach of the original packaging;
g) the supply of periodicals, with the exception of sales under subscription agreements and the sale of books not supplied in protective packaging;
h) delivery of electronic content, if it was not delivered on a tangible medium and was delivered with your prior express consent before the expiration of the withdrawal period and We have informed you that you do not have the right to withdraw from the Contract.
2.4. Withdrawal period according to Art. 7.2 The Terms and Conditions shall be deemed to be complied with if you send us a notice that you withdraw from the Agreement during the course of the Terms and Conditions.
2.5. In the event of withdrawal from the Agreement, the Price will be returned to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account selected in the withdrawal from the Agreement. However, the amount will not be refunded until you return the Goods to Us or prove that it has been sent back to Us. Goods Please return to us clean, if possible including the original packaging.
2.6. In case of withdrawal from the Contract according to Art. 7.2 You are obliged to send the Goods to Us, to hand over the Goods to Us or to a person authorized by us to take over the Goods, within 14 days of the withdrawal. you bear the costs of returning the Goods to Us. This does not apply if we agree to pick up the Goods in person or through a person authorized by us. The deadline is maintained if the Goods were handed over for transport no later than on the last day of the deadline. On the other hand, you are entitled to a refund of the Price for transport, but only in the amount corresponding to the cheapest method of delivery of the Goods that we offered for the delivery of the Goods.
2.7. You are liable for damage in cases where the Goods will be damaged as a result of your handling differently than it is necessary to handle due to its nature and properties. In such a case, we will bill you for the damage caused after the Goods are returned to Us and the due amount is 14 days. In the event that we have not yet returned the Price to you, we are entitled to set off the receivable due to costs against your receivable for the refund of the Price.
2.8. We are entitled to withdraw from the Contract due to the sale of stocks, unavailability of the Goods, or if the manufacturer, importer or supplier of the Goods agreed in the Contract has discontinued production or made major changes that prevented the performance of our obligations under the Contract or due to force majeure, or if we will not be able to deliver the Goods to you within the period specified in these Terms and Conditions. In these cases, we are obliged to inform you of this fact without undue delay and return the Total Price already paid to you, within 14 days from the date of notification of withdrawal from the Contract. We will refund the paid Total Price for the Goods in the same way as you paid the Total Price, without prejudice to the right to agree with you on another method of refund if no additional fees are charged in connection therewith.
2.9. We are entitled to withdraw from the Contract even if you have not taken over the Goods within 5 working days from the day when you became obliged to take over the Goods.
3. SUBMISSION OF SUGGESTIONS AND COMPLAINTS
3.1. As a consumer, you are entitled to submit complaints and grievances in writing via e-mail to: stonoha2017@gmail.com
3.2. We will inform you by e-mail sent to your e-mail about the assessment of the complaint or complaint.
3.3. The supervisory authority is:
Slovak Trade Inspection Authority (SOI)
SOI Inspectorate for the Nitra Region
Staničná 9, PO BOX 49A, 950 50 Nitra 1
Supervision Department
tel. no. 037/7720 001, 037/7720 034
fax no. 037/7720 024
3.4. If you are not satisfied with the handling of your complaint or complaint, you can also submit a complaint electronically via the platform available on the website https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte -podnet.soi.
4. ALTERNATIVE CONSUMER DISPUTE RESOLUTION
4.1. You have the right to contact us for redress, via e-mail sent to: stonoha2017@gmail.com, if you are not satisfied with the way we have handled your complaint or if you believe that we have violated your rights. If we respond to your request in a negative manner or do not respond within 30 days of its submission, you have the right to submit a proposal for the initiation of alternative dispute resolution to the subject of alternative dispute resolution (hereinafter referred to as the “Entity”) pursuant to Act no. 391/2015 Coll. on Alternative Dispute Resolution and on Amendments to Certain Acts, as amended. (hereinafter referred to as the “Alternative Dispute Resolution Act”).
4.2. The entities are bodies and authorized legal entities pursuant to Section 3 of the Alternative Dispute Resolution Act and their list is published on the website of the Ministry of Economy of the Slovak Republic. https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.
4.3. You can submit the application in the manner specified pursuant to Section 12 of the Alternative Dispute Resolution Act.
4.4. You also have the right to initiate out-of-court dispute resolution online via the ODR platform available at https://ec.europa.eu/commission/presscorner/detail/en/IP_16_297, resp. https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.
5. FINAL PROVISIONS
5.1. If our and your legal relationship contains an international element (for example, we will send goods outside the territory of the Slovak Republic), the relationship will always be governed by the law of the Slovak Republic. However, if you are a consumer, this agreement does not affect your legal rights.
5.2. We will deliver all written correspondence with you by e-mail. Our e-mail address is listed next to our identification data. We will deliver correspondence to your e-mail address specified in the Agreement or through which you contacted us.
5.3. The contract can only be changed on the basis of our written agreement. However, we are entitled to amend these Terms, but this change will not affect the Contracts that have already been concluded, but only the Contracts that will be concluded after the change takes effect.
5.4. In case of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, subcontractors' failures, etc.), we are not liable for damage caused by or in connection with force majeure or unforeseeable events, and if this condition lasts for a period longer than 10 days, We and you have the right to withdraw from the Agreement.
5.5. A sample form for complaints and a sample form for withdrawal from the Contract are attached to the Conditions.
5.6. The Agreement, including the Terms, is archived in electronic form with Us, but is not accessible to you. However, you will always receive these Terms and Conditions of the Order with a summary of the Order by e-mail and you will therefore always have access to the Agreement even without our cooperation. We always recommend that you save the Order confirmation and Conditions.
5.7. No codes of conduct apply to our activities according to § 3 par. 1 letter n) of the Consumer Protection Act at a distance.
5.8. These Terms take effect 4/14/2022
ANNEX NO. 1 - COMPLAINT FORM
ANNEX NO. 2 - FORM FOR WITHDRAWAL FROM THE CONTRACT