COMPLAINTS PROCEDURE (LIABILITY FOR DEFECTS, WARRANTY, COMPLAINTS)
This complaint procedure is governed by the relevant provisions of the Civil Code as amended later. regulations and provisions of Act No. 250/2007 Coll. o on consumer protection and on the amendment of Act of the Slovak National Council No. 372/1990 Zb. on offenses as amended in liability for defects and application of liability for defects in sold goods and provided services.
1. The seller is responsible for product defects, and the buyer shall file a claim immediately with the seller in accordance with the valid claims procedure. The warranty period for the products sold is determined by the general legal regulation – the Civil Code valid at the time of sale.
2. The valid complaints procedure applies to handling complaints. By sending the order to the seller, the buyer confirms that he was properly 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 ods. 1 of Act no. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council No. 372/1990 Zb. 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 an electronic store on the website of the seller’s electronic store, or via electronic mail, or otherwise.
4. The complaint procedure in this form is valid for all business cases, unless other warranty conditions are contractually agreed upon.
5. The buyer has the right to claim a warranty 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 receiving the product. After discovering a product defect, he can make claims from defects found during this inspection. During the warranty period, the customer has the right to have the defect removed free of charge after presenting the product to the seller together with the proof of purchase.
7. If the product shows defects, the customer has the right to file a complaint with the seller in accordance with the provisions of §18 par. 2 of the Act on Consumer Protection via e-mail or telephone contact.
8. The complaint procedure for a product that can be objectively presented to the seller begins on the day when all the following conditions are met:
a. the consumer submitted the claimed product to the address: Karls DESIGN s.r.o., Rakovice 150, 922 08, IČO 36 669 156,
b. along with the claimed product, a proof of purchase was submitted to the above address – receipt (invoice), name and address of the consumer, or telephone contact, a precise description of the product defect, or how the product defect occurred.
9. The sample complaint protocol is available at: https://karlsdesign.sk/wp-content/uploads/2023/11/reklamacny_protokol.pdf/ the consumer fills in the complaint protocol boxes in points a-g and sends the complaint protocol to the seller by e-mail, or by Slovak post, or in person at the above address./
10. The beginning of the complaint procedure is also the day of application of the complaint. The buyer presents the claimed product at the place specified in this complaint 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 section § 18 ods. 3 of the Act.
12. The buyer claims responsibility for product defects from the seller without undue delay.
13. On the day of receipt of the complaint, the seller shall issue to the buyer a document of receipt of the complaint in written form, e.g. in the form of an e-mail or in writing, in which he is obliged to accurately mark the defects of the goods in accordance with sec. § 18 ods. 5 of the Act.
14. If the consumer makes a complaint, the seller or an employee authorized by him or a designated person is obliged to inform the consumer about his rights according to the general regulation based on the consumer’s decision, which of these rights the consumer applies, he is obliged to determine the method of handling the complaint according to § 2 letter m) immediately, in complex cases no later than 3 working days from the day the claim is made, in justified cases, especially if a complex technical evaluation of the condition of the product or service is required, no later than 30 days from the day the claim is made. After determining the method of processing the claim, the claim is processed immediately, in justified cases, the claim can be processed later; however, processing of the claim may not take longer than 30 days from the date of application of the claim. After the expiry of the deadline for processing 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 claim the warranty for errors that the seller was informed about at the time of concluding the contract.
16. The buyer’s claim to recognition of the seller’s warranty expires:
a. by not submitting a proof of payment (we recommend the buyer secure and keep a copy of the proof), delivery note
b. upon expiration of the product warranty period,
c. mechanical damage to the product caused by the buyer,
d. using the product in conditions that do not correspond to the natural environment,
e. by unprofessional handling, service, or neglect of product care,
f. damage to the product due to excessive loading, improper handling, or use contrary to the conditions stated in the documentation, general principles, technical standards or safety regulations valid in the Slovak Republic,
g. damage to the product by irreversible or unforeseeable events,
h. damage to the product by accidental damage and accidental deterioration, other unprofessional intervention, damage or atmospheric electricity or other force majeure, unauthorized intervention in the product.
17. The seller is obliged to handle the complaint and end the complaint procedure in one of the following ways:
a. by handing over the repaired product,
b. by exchanging the product,
c. by returning the purchase price of the product,
d. by paying a reasonable discount on the price of the product,
e. by a written request for the seller to take over the specified performance,
f. by reasoned rejection of the product complaint.
18. The seller is obliged to issue a written document to the buyer about the handling of the claim no later than 30 days from the date of the claim.
19. The warranty period is 24 months for the goods sold and when the item is made to order from the date of conclusion of 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 the warranty repair of the goods.
20. Regarding a recoverable error, the complaint will be handled in the following way:
a. the seller will ensure the removal of the error, or,
b. the seller will replace the defective product with a new one, identical to the claimed product.
22. If it is a defect that cannot be removed, or one defect that can be removed multiple times, or a large number of different defects that can be removed, and which prevent the product from being properly used as without defect, the seller will process the claim:
a. by canceling the sales contract, or at the customer’s request by exchanging the product for another functional product with the same or better technical parameters, or
b. in the event that the seller cannot replace the product with another, he will handle the claim by issuing a credit note for the defective product.
23. For the purposes of the complaint, the occurrence and removal of the same removable defect more than twice is considered to be a multiple-repeated removable defect.
24. For the purposes of the complaint, the occurrence and removal of more than two different removable defects is considered to be a larger number of different removable defects.
25. In the event that the seller ends the complaint procedure as a legally justified rejection of the complaint, but according to the consumer, the product defect objectively exists and has not been removed, the buyer can exercise his right to remove the product defect through the court.
26. The warranty does not apply to unprofessional intervention in the product, or non-compliance with the procedure specified in the instructions for use – for products where such a procedure results from the nature of the product.
27. Instruction for the consumer: (1) If it is a defect that can be removed, the buyer has the right to have it removed free of charge, on time and properly. The seller is obliged to remove the defect without undue delay. (2) Instead of removing the defect, the buyer may request the replacement of the product, or if the defect concerns only a part of the product, the replacement of the part, if this does not result in unreasonable costs for the seller considering the price of the product or the severity of the defect. (3) The seller can always replace the defective product with a flawless one instead of removing 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 defect-free product, the buyer has the right to exchange the product or withdraw from the contract. The same rights belong to the buyer if the defects can be removed, but if the buyer cannot properly use the product due to the reappearance of the defect after repair or due to a larger number of defects. (5) If there are other non-removable defects, the buyer has the right to a reasonable discount on the price of the product.
Alternative resolution of out-of-court disputes
a) The consumer has the right to contact the seller with a request for correction, by e-mail to: e-mail: karlsdesign1@gmail.com, or in writing to the address: Karls DESIGN s.r.o., Rakovice 150, 922 08, IČO 36 669 156, if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights. If the seller responds negatively to this request or does not respond to it within 30 days of sending it, the consumer has the right to submit a proposal to initiate alternative dispute resolution to the alternative dispute resolution entity (hereinafter referred to as the ARS entity) pursuant to Act 391/2015 Coll. ARS subjects are authorities and authorized legal entities according to §3 of Act 391/2015 Coll. The proposal can be submitted by the consumer in the manner determined according to §12 of Act 391/2015 Coll.
b) The consumer can also file a complaint with the RSO alternative dispute resolution entities, which are listed online at http://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov- alternative-solution-of-consumer-disputes.
c) Alternative dispute resolution can only be used by a consumer – a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession. Alternative dispute resolution applies only to a dispute between a consumer and a seller, resulting from a consumer contract or related to a consumer contract.
Alternative dispute resolution applies only to contracts concluded at a distance. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ARS entity may demand payment of a fee for starting an alternative dispute resolution from the consumer, up to a maximum of EUR 5 including VAT.
In Rakovice, on August 30, 2021