Complaint and Return of Goods

8. Complaint Procedure (warranty, liability for defects, complaints)

8.1. The buyer has the right to free, timely, and proper removal of a defect if it’s a removable defect of the goods. The seller is obliged to remove the defect without undue delay.

8.2. Instead of removing the defect, the buyer may request an exchange of goods, or if the defect concerns only a certain part of the goods, an exchange of this part, unless this causes disproportionate costs to the seller in relation to the price of the goods or the severity of the defect.

8.3. The seller can always exchange defective goods for goods without defects, as long as it doesn’t cause serious difficulties for the buyer.

8.4. If it’s a defect in 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 to withdraw from the purchase contract. The same rights apply to the buyer if these are removable defects, but the buyer cannot properly use the goods due to the recurrence of the defect after repair or due to a larger number of defects.

8.5. In the case of other non-removable defects, the buyer has the right to a reasonable discount on the price of the goods.

8.6. The seller has instructed the buyer about their rights arising from § 622 of the Civil Code (points 8.1. to 8.3. of these terms and conditions) and rights arising from § 623 of the Civil Code (points 8.4. to 8.5. of these terms and conditions) by placing these terms and conditions on the relevant subpage of the seller’s e-shop, and the buyer had the opportunity to read them before sending the order.

8.7. The buyer is obliged to make a complaint to the seller or designated person. The seller is responsible for defects in goods in accordance with the valid legal regulations of the Slovak Republic. Information about service locations and designated persons for warranty and post-warranty service will be provided by the seller to the buyer on the back of the warranty card or upon request by phone or email.

8.8. The valid complaint procedure of the seller, i.e. Article 8. of these terms and conditions, applies to the handling of complaints. The buyer has been properly acquainted with the complaint procedure and informed about the conditions and method of claiming goods, including data on where the complaint can be made, and about the performance of warranty repairs in accordance with § 18 par. 1 of 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 “Act”) at the time before concluding the purchase contract by placing these terms and conditions on the relevant subpage of the seller’s e-shop and the buyer had the opportunity to read them before sending the order.

8.9. The complaint procedure applies to goods purchased by the buyer from the seller in the form of electronic commerce on the seller’s e-shop website.

8.10. If the goods show defects for which the manufacturer, supplier or seller is responsible, are covered by warranty and were purchased from the seller, the buyer has the right to claim liability for defects of the goods from the seller.

8.11. If the goods show defects, the buyer has the right to make a complaint at the seller’s establishment in accordance with § 18 par. 2 of the Act by delivering the goods to the seller’s establishment and delivering to the seller the buyer’s expression of will to exercise their right under points 8.1. to 8.5. of these terms and conditions (hereinafter referred to as “Notification of Complaint”), e.g. in the form of a completed complaint form, which is located on the relevant subpage of the seller’s e-shop. The seller recommends insuring the goods when sending them for complaint. The seller does not accept cash on delivery shipments. In the Notification of Complaint, the buyer is obliged to truthfully state all required information, especially to accurately identify the type and extent of the defect of the goods; the buyer also states which of their rights arising from § 622 and 633 of the Civil Code they are exercising. The buyer has the right to make 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 stated in the warranty card or will be sent to the buyer upon request by the seller.

8.12. The complaint procedure concerning goods that can be delivered to the seller begins on the day when all of the following conditions are cumulatively met:

1. a) delivery of the Notification of Complaint from the buyer to the seller
2. b) delivery of the complained goods from the buyer to the seller or to a designated person
3. c) delivery of access codes, passwords, etc. for the complained goods to the seller, if these data are necessary for proper handling of the complaint

8.13. If the subject of the complaint is goods that cannot be objectively delivered to the seller or which are permanently installed, the buyer is, in addition to meeting the conditions according to points 8.12 a) and c) of these terms and conditions, obliged to provide all necessary cooperation for the inspection of the complained goods by the seller or a third party designated by the seller. The complaint procedure concerning goods that cannot be objectively delivered to the seller or which are permanently installed begins on the day when the inspection of the goods was carried out according to the first sentence. However, if the seller or a third party designated by them, despite the necessary cooperation provided by the buyer, does not ensure the inspection within a reasonable time, but no later than 10 days from the delivery of the Notification of Complaint to the seller, the complaint procedure begins on the day of delivery of the Notification of Complaint to the seller.

8.14. The seller or designated person will issue to the buyer a confirmation of the complaint of goods in a suitable form chosen by the seller, e.g. in the form of an email or in written form, in which they are obliged to accurately identify the complained defects of the goods and once again instruct the consumer about their rights arising from points 8.1. to 8.3. of these terms and conditions (§ 622 of the Civil Code) and rights arising from points 8.4. to 8.5. of these terms and conditions (§ 623 of the Civil Code). If the complaint is made through means of distance communication, the seller is obliged to deliver the confirmation of the complaint 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 complaint settlement; confirmation of the complaint does not need to be delivered if the buyer has the opportunity to prove the complaint in another way.

8.15. The buyer is entitled to decide which of their rights under § 622 and § 623 of the Civil Code they exercise and at the same time is obliged to immediately deliver information about their decision to the seller. Based on the buyer’s decision, which of their rights under § 622 and § 623 of the Civil Code they exercise, the seller or designated person is obliged to determine the method of handling the complaint according to § 2 letter m) of the Act immediately, in more complex cases within 3 days from the start of the complaint procedure, in justified cases, especially if a complex technical evaluation of the condition of the goods is required, no later than 30 days from the date of delivery of the complained goods. After determining the method of handling the complaint, the seller or designated person will handle the complaint immediately, in justified cases the complaint can be handled later. However, the handling of the complaint must not take longer than 30 days from the date of the complaint. If the seller receives the subject of the complaint on a later day than the day of the complaint, the deadlines for handling the complaint according to this paragraph start to run from the day of receipt of the subject of the complaint by the seller; at the latest, however, from the moment when the seller makes it impossible or prevents the receipt of the subject of the complaint. After the expiration of the deadline for handling the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new product.

8.16. If the buyer made a complaint about the goods during the first 12 months from the conclusion of the purchase contract, the seller can handle the complaint by rejection only on the basis of an expert’s statement or a statement issued by an authorized, notified or accredited person or a statement of a designated person (hereinafter referred to as “expert assessment of goods”). Regardless of the result of the expert assessment, the seller cannot require the buyer to pay for the expert assessment of the goods or other costs related to the expert assessment of the goods.

8.17. If the buyer made a complaint about the product after 12 months from the conclusion of the purchase contract and the seller rejected it, the person who handled the complaint is obliged to state in the proof of complaint settlement to whom the buyer can send the goods for expert assessment. If the buyer sends the goods for expert assessment to the designated person stated in the proof of complaint settlement, the costs of expert assessment of the goods, as well as all other related reasonably incurred 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 complained defect of the goods by expert assessment, they can make the complaint again; during the expert assessment of the goods, the warranty period does not run. The seller is obliged to reimburse the buyer within 14 days from the day of the re-made complaint all costs incurred for the expert assessment of the goods, as well as all related reasonably incurred costs. The re-made complaint cannot be rejected.

8.18. The buyer does not have the right to claim liability for defects of which the seller informed them at the time of concluding the contract, or of which, taking into account the circumstances under which the purchase contract was concluded, they must have known.

8.19. The seller reserves the right to replace defective goods with other defect-free goods with the same or better technical parameters, if this does not cause serious difficulties for the buyer.

8.20. The seller is not responsible for defects in goods:

5. if it is an obvious defect that the buyer could have detected by checking the shipment upon delivery of the goods and which they did not report to the seller’s representative in accordance with point 5.8. of these terms and conditions,
6. if the buyer did not exercise their right regarding the seller’s liability for a defect in the goods before the end of the warranty period of the goods,
7. if the defect of the goods is mechanical damage caused by the buyer,
8. if the defect of the goods was caused by using the goods in conditions that do not correspond in their intensity, humidity, chemical and mechanical influences to the natural environment of the goods,
9. if the defect of the goods was caused by unprofessional handling, operation, or neglect of care for the goods,
10. if the defect of the goods was caused by damage to the goods by excessive loading, or use contrary to the conditions stated in the documentation or general principles of usual use of the goods,
11. if the defect of the goods was caused by damage to the goods by unavoidable and/or unforeseeable events,
12. if the defect of the goods was caused by damage to the goods by accidental destruction and accidental deterioration,
13. if the defect of the goods was caused by unprofessional intervention, damage by water, fire, static or atmospheric electricity or other force majeure intervention,
14. if the defect of the goods was caused by intervention in the goods by an unauthorized person.

8.21. The seller’s obligation is to handle the complaint and end the complaint procedure in one of the following ways:

1. a) by exchanging the goods,
2. b) by returning the purchase price of the goods,
3. c) by handing over the repaired goods,
4. d) by paying a reasonable discount on the price of the goods,
5. e) by a written call to take over the performance determined by the seller,
6. f) by justified rejection of the complaint of goods.

8.22. The seller is obliged to issue a written document about the method of determining the handling of the complaint and about the handling of the complaint to the buyer no later than 30 days from the date of the complaint in person, through a postal or courier or delivery service provider. The seller will inform the buyer about the result of the complaint handling immediately after the end of the complaint procedure by phone or e-mail and at the same time will deliver to them, together with the goods or via e-mail, a document on the handling of the complaint.

8.23. The warranty period is 24 months from the delivery of the goods, unless a different warranty period is set for specific cases. Shipped sports nutrition products, food in gift baskets and animal feed have a minimum durability period of more than 2 months before the expiration date, in case of a shorter expiration date, the seller contacts the buyer by phone or e-mail and the shipment is sent only with the buyer’s consent.

8.24. In case of warranty repair of goods, the warranty period is extended by the time during which the buyer could not use the goods.

8.25. In case of exchange of goods for new ones, the warranty period will start running again from the receipt of the new goods, but only for the new goods. In case of exchange of goods for new ones, the buyer will receive a document stating information about the exchange of goods, and any further complaints are made on the basis of the purchase contract and this complaint document.

8.26. In case of a removable defect, the complaint will be handled according to the buyer’s decision according to point 8.15. of these terms and conditions in the following way:

1. a) the seller will exchange the defective goods or
2. b) the seller will ensure the removal of the defect

8.27. If it is a removable defect and the buyer does not immediately determine according to point 8.15. of these terms and conditions how the complaint should be handled, the seller will handle the complaint by removing the defect.

8.28. If it is a defect that cannot be removed, or a repeatedly occurring removable defect, or a larger number of different removable defects that prevent the goods from being properly used as without defect, the seller will handle the complaint depending on the buyer’s decision according to point 8.15. of these terms and conditions in the following way:

1. by exchanging the goods for other functional goods of the same or better technical parameters, or
2. in case the seller cannot exchange the goods for others, they will handle the complaint by returning the purchase price for the goods.

8.29. In case of an irremovable defect or repeatedly occurring removable defect, or if it is a larger number of different removable defects that prevent proper use of the goods as without defect and the buyer does not immediately determine according to point 8.15. of these terms and conditions how the complaint should be handled, the seller will handle the complaint by exchanging the goods for other functional goods of the same or better technical parameters.

8.30. The handling of the complaint applies only to defects stated in the Notification of Complaint and in the confirmation of the complaint of goods according to point 8.14. of these terms and conditions.

8.31. For the purposes of the complaint, a repeatedly occurring removable defect is considered to be the occurrence of one removable defect more than twice.

8.32. For the purposes of the complaint, a larger number of different removable defects is considered to be the occurrence of more than three different removable defects simultaneously.

8.33. The buyer’s right to claim a defect in the goods is consumed after they have exercised their right and asked the seller to remove the defect in the goods according to point 8.1. of these terms and conditions, and regardless of the result of the complaint, they are no longer entitled to make a complaint repeatedly for the same unique defect (not a defect of the same type).

8.34. The provisions of Article 8 of these terms and conditions expressly do not apply to entities that do not meet the definition of a consumer stated in § 2 letter a) of Act 102/2014.