COMPLAINTS PROCEDURE
business company
Lambert, sro A.Rudnaya 21, 010 01 Žilina, ID number: 36 392 570
(hereinafter referred to as the "Seller")
This complaint procedure is issued in accordance with Act No. 40/1964 Coll. Civil Code, as amended (hereinafter referred to as the "Civil Code"), Act No. 250/2007 Coll. on Consumer Protection and amending Act of the Slovak National Council No. 372/1990 Coll. on Offences, as amended (hereinafter referred to as the "Consumer Protection Act"), as well as other generally binding legal regulations of the Slovak Republic.
This complaint procedure regulates the manner in which claims for liability for defects in goods purchased from the seller under a consumer contract can be made. A consumer is a natural person who, when concluding and performing a consumer contract, is not acting within the scope of his business activity, employment or profession.
Legal relations concluded between the seller on the one hand and a natural person who, when concluding and fulfilling the contract with the seller, acts within the scope of his business activity, or a legal entity, are subject to the legal regulation of liability for defects contained in Act No. 513/1991 Coll., Commercial Code, as amended.
article 1
BUYER'S RIGHT TO CLAIM DEFECTIVE GOODS
The seller is responsible for ensuring that the goods sold are free from defects and have the required quality.
If the item sold does not comply with the purchase contract upon receipt by the buyer, or if the purchased item has a defect, the buyer may exercise his right to claim liability for defects from the seller during the warranty period. The seller is liable for defects that the item sold has upon receipt by the buyer.
A change in the properties of the goods that occurred during the warranty period due to wear or improper use, insufficient or inappropriate care, or as a result of any other improper intervention or damage by the buyer or a third party cannot be considered a defect.
For items sold at a lower price, it is not liable for the defect for which the lower price was agreed.
If the buyer exercises the right of liability for defects in the sold item (hereinafter referred to as a "complaint"), the store manager or an employee authorized by him is obliged to decide on the validity of the complaint immediately, in more complex cases within 3 working days. This period does not include the time required for a professional assessment of the defect.
A complaint is considered properly filed if the claimed goods are complete and the complaint is not prevented by general hygiene principles. The buyer is obliged to present the claimed goods cleaned and hygienically undamaged, otherwise the seller is entitled to refuse to accept the goods.
An employee authorized to handle complaints must be present in the store during all operating hours. In the event of a complaint being sent to the complaints department, the responsible employee is obliged to decide on the validity of the complaint immediately, in more complex cases within 3 working days from the date of receipt of the complaint. In such a case, the customer will be informed about the decision on the validity of the complaint by phone, via SMS or electronically.
A complaint, including the removal of a defect, must be completed by:
- without undue delay, but no later than 30 days from the date of application
The seller is obliged to issue the buyer a confirmation of when the right to liability for defects was exercised, as well as of the performance of the repair and its duration. After the expiry of the period for handling the complaint, the buyer has the same rights as if it were a defect that cannot be removed according to Article 6 of these complaints procedures.
article 2
PLACE FOR FILING A COMPLAINT
The buyer should file a complaint at the store where the goods were purchased. However, the buyer has the right to file a complaint:
- in any other store belonging to the seller where acceptance of the complaint is possible.
- at the seller's place of business or registered office.
The buyer files a complaint in person or by mail.
The buyer is obliged to prove that his claim for the complaint to be resolved is justified, i.e., in addition to the defects, he must also document the place, price of the goods and time of purchase of the goods, which he must prove with a sales receipt.
article 3
COMPLAINT FORMATION TIME
The seller is responsible for ensuring that the item sold is in accordance with the purchase contract when it is taken over by the buyer, as well as for defects that occur after the item is taken over by the buyer during the warranty period. The period for filing a complaint (warranty period) is 24 months and begins on the day the goods are taken over in the store or, in the case of delivery of the goods, on the date of delivery of the goods by the carrier. At the buyer's request, the seller is obliged to issue the buyer a warranty certificate indicating the scope and conditions of the warranty upon sale. If the nature of the item allows, only a document proving the purchase of the item is sufficient instead of a warranty certificate. The buyer's right to file a complaint for the goods expires if it was not exercised within the warranty period.
The buyer should file a complaint without undue delay immediately after discovering the defect, so that the complaint can be properly assessed and resolved. As soon as the buyer discovers a defect in the received item, he is obliged to keep the item and not use it until the complaint is filed, in order to prevent more significant damage to the item, e.g., so that a removable defect becomes an irremovable defect.
The warranty period cannot be confused with the usual service life, i.e. the period during which the goods can last with proper use and care, given its properties, the given purpose of use and differences in the intensity of use.
The period from the exercise of the right of liability for defects until 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 complaint is settled by exchanging the defective goods for a new one, the period for exercising the complaint starts again from the moment the buyer takes over the new goods.
The customer is not entitled to an automatic refund for the claim being made!
article 4
CONFLICT WITH THE PURCHASE CONTRACT
By leaving the thing to the buyer for consideration, the seller is responsible for ensuring that the thing is of normal quality at the time of performance. In the event that the goods do not comply with the purchase contract upon receipt by the buyer, the buyer has the right to have the seller bring the goods into a condition that complies with the purchase contract free of charge, without undue delay and properly by repairing or replacing them, provided that this does not result in unreasonable costs for the seller in relation to the price of the goods or the severity of the defect. If such a procedure is not possible, the buyer may request an appropriate discount on the price of the thing or withdraw from the contract. However, this does not apply if the buyer knew about the breach of the purchase contract before receipt of the thing or if he himself caused the breach of the purchase contract.
article 5
REMOVABLE DEFECTS
Defects that can be removed are those that do not affect the appearance, function or quality of the products and that can be repaired properly within the agreed period. The buyer has the right to have the seller restore the goods to a condition that complies with the purchase contract free of charge, without undue delay and properly by repairing them, provided that this does not result in unreasonable 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 goods with perfect goods instead of removing the defect, if this does not cause serious difficulties for the buyer.
In the event of a removable defect, the buyer has the right to exchange the goods or withdraw from the purchase contract if:
- the complaint was not resolved within 30 days from the date of its submission and no other agreement was reached
- The buyer cannot use the goods properly due to the recurrence of a removable defect after repair, or due to a larger number of removable defects.
A defect reoccurs after repair if the same defect, which has already been repaired at least twice during the warranty period, reoccurs. A product is considered to have a higher number of defects if, at the time of filing the complaint, there are at least three defects that can be repaired at the same time.
article 6
IRREMOVABLE DEFECTS
Irremovable defects are considered to be defects that cannot be completely removed within the agreed period and that prevent the product from being used properly and in the agreed manner. In this case, the buyer is entitled to seek redress in one of the following ways:
- by exchanging the goods for other flawless goods,
- by withdrawing from the purchase contract,
- If the goods have an irreparable defect that does not prevent their use and the buyer does not request an exchange of the goods, he is entitled to a reasonable discount on the price of the goods.
article 7
GOODS SOLD AT LOWER PRICES
Products that have defects (defective new products or used products) that do not prevent them from being properly used for their intended purpose must be sold only at lower prices. The buyer must be informed that the product has a defect and what the defect is, if this is not obvious from the nature of the sale. The seller is not liable for such defects of new or used products for which a lower price was agreed. If a product sold at a lower price has a hidden defect that prevents it from being used for its intended purpose from a functional point of view, the buyer has the right to make a complaint about the product in accordance with Articles 3, 4, 5 and 6 of these Complaints Procedures. If another irreparable defect occurs on a product sold at a lower price, which does not prevent the product from being used for its intended purpose, the buyer has the right to an appropriate discount on the price of the product.
For used items, the warranty period may be shortened to 12 months, provided that the seller and the buyer agree to this. The seller is obliged to state the length of such warranty period in the proof of purchase of the item.
If the price of the goods has been reduced due to a sale or post-season sale and if the sale involves the sale of new and flawless goods, the seller is fully liable for defects in the goods sold in this way.
article 8
DISPUTE RESOLUTION
Disputes arising within the framework of complaint management are decided by the court.
article 9
ALTERNATIVE DISPUTE RESOLUTION
According to Act 391/2015 Coll., the buyer as a consumer has the right to file a motion to initiate alternative dispute resolution. The procedure for such proceedings is described below:
The consumer has the right to contact the seller with a request for redress (by e-mail to lambertshoe@gmail.com) if he is not satisfied with the way in which his complaint was handled by the seller or if he believes that the seller has otherwise violated his rights. If the seller responds to this request by rejecting it, or does not respond to such a request within 30 days of its sending, the consumer has the right to submit a proposal to initiate alternative dispute resolution. According to Act 391/2015 Coll., the subjects of alternative dispute resolution (hereinafter referred to as the ADR subject) are authorities and authorized legal entities pursuant to the provisions of Section 3 of Act 391/2015 Coll. The buyer as a consumer may submit a proposal in the manner determined pursuant to the provisions of Section 12 of Act 391/2015 Coll., the possibility of applying to court is not affected.
The consumer is also entitled to submit a proposal through the alternative dispute resolution platform RSO, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm.
https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi
This method of dispute resolution is only authorized to be used by a consumer, which is understood to be a natural person who, when concluding and performing a consumer contract, is not acting within the scope of his business activity, employment or profession. Alternative dispute resolution only concerns a dispute between a consumer and a seller, arising from or related to a consumer contract. The seller does not have the right to submit a proposal.
Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The alternative dispute resolution entity may request payment of a fee from the consumer for initiating alternative dispute resolution, but not exceeding EUR 5 including VAT.