1. General provisions and definitions
- This Complaint Procedure has been processed according to the Civil Code, as amended (hereinafter referred to as the “Act”) and applies to consumer goods (hereinafter referred to as “Goods”) for which the buyer’s rights from liability for defects (hereinafter referred to as “Complaints”) are exercised during the warranty period.
- “Seller” means the commercial company INFOCAR a .s., with its registered office at Račianska 30/A, 831 02 Bratislava, IČO 35773090, registered in the Commercial Register kept at the District Court Bratislava I, Section: Sa, File No. 2206/B.
- “Buyer” means:
- the consumer (the person who purchases the goods for personal use or for the use of members of his household) (hereinafter also referred to as the “Consumer”), and
- natural and/or legal person – entrepreneur who has concluded a contract with the Seller for the purchase of goods (hereinafter also referred to as the “Entrepreneur”).
- Natural and legal persons – Entrepreneurs take note that the terms of the warranty may be different from the terms of the warranty for Consumers and the relations between the Seller and the Buyer – Entrepreneur are regulated by the Commercial Code.
2. Warranty conditions
- If the Goods show obvious defects, i.e. especially if the Goods are sold to the Buyer in damaged transport packaging, the Buyer is entitled not to take over the Goods. In this case, the Buyer’s right to obtain proper performance form the Seller or to receive a refund of the purchase price at the Buyer’s choice remains.
- If defects of the Goods occur within the warranty period after receipt of the Goods by the Buyer, the Buyer may file his Complaint. For products that use a battery or various types of batteries for their operation, normal wear of the accumulator or battery is not considered a defect in this product, since these are components of products that naturally lose their service life due to normal use.
- Length of the warranty period for purchasers who are consumers within the meaning of Article 1. The general provisions and definitions, paragraph 3, point 3.a), is governed by the applicable provisions of the Act, so it lasts for 24 months, with the exceptions provided for by the Act. The warranty period begins on the day of receipt of the goods tothe upgoing. In the event that the claimed goods are delivered by post or courier, the responsible person will take over the goods, check the shipment, documentation (invoice, cash register block, packaging), the decisive date for the period of the complaint is the date of receipt from the courier or postal carrier. The Seller does not accept the goods sent on cash on delivery; We recommend insuring the goods.
- Length of the warranty period for purchasers who are not consumers within the meaning of Article 1. The general provisions and definitions, paragraph 3, point 3.b. shall last for 12 months. The warranty period begins on the day of receipt of the goods by the Buyer. In the event that the claimed goods are delivered by post or courier, the responsible person will take over the goods, check the shipment, documentation (invoice, cash register block, packaging), the decisive date for the period of the complaint is the date of receipt from the courier or postal carrier. The Seller does not accept the goods sent on cash on delivery; We recommend insuring the goods.
- The Buyer is entitled to withdraw from the contract in all cases provided for by the Act. Withdrawal is effective against the Seller from the moment he receives a written declaration by the Buyer about the withdrawal from the contract. In case of withdrawal from the contract, the contract is canceled from the beginning and the contracting parties are obliged to return everything they have provided based on it.
- In the event of a complaint, the Seller is not responsible for the loss of data or for damage caused by the loss of data that was stored on the device. The Buyer is obliged to back up the data himself before the complaint.
3. Instruction on the Seller’s liability for Goods defects
- If it is a defect that can be removed, the Consumer has the right to have it removed free of charge, in a timely and proper manner. The Seller is obliged to remove the defect without undue delay. Instead of removing the defect, the Consumer may require the replacement of the item or, if the defect relates only to a part of the item, the replacement of the part, if this does not incur unreasonable costs for the Seller in view of the price of the goods or the severity of the defect. Instead of removing the defect, the Seller can always replace the defective thing with a harmless one if this does not cause serious difficulties for the Consumer.
- If it is a defect that cannot be removed and that prevents the item from being properly used as a defect-free item, the Consumer has the right to exchange the item or has the right to withdraw from the contract. The same rights belong to the Consumer if they are removable defects, but if the Consumer cannot properly use the item due to the recurrence of the defect after repair or due to a larger number of defects. If these are other irremovable defects, the Consumer has the right to a reasonable discount on the price of the item.
- The Seller instructed the Consumer about his rights under Art. 622 of the Civil Code (paragraph 1 of this Article 3.) and the rights conferred on him by Art. 623 of the Civil Code (paragraph 2 of this Article 3.) by placing this Complaints Procedure on the Seller’s e-commerce subpage and the Consumer had the opportunity to read it at the time before sending the order.
- Based on the decision of the Buyer, which of his rights under Art. 622 and Art. 623 of the Civil Code applies, the Seller or designated person is obliged to determine the method of complaint settlement pursuant § 2 letter m) of the Consumer Protection Act immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases, especially if a complex technical assessment of the condition of the goods is required, no later than 30 days from the date of the start of the complaint procedure. After determining the method of settling the complaint the Seller or designated person will settle the complaint immediately, in justified cases the complaint can be settled later. However, the settlement of the complaint may not take more than 30 days from the date of filing the complaint. After the expiration of the period for settling the complaint, the Consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods. The termination of the complaint procedure and the result of the complaint will be advised by the Seller to the Buyer in the form agreed between the two contracting parties (e-mail and registered letter) and at the same time the Complaint Protocol will be delivered to the Buyer together with the goods. If the Buyer has claimed the goods within the first 12 months from the conclusion of the purchase contract, the Seller may settle the complaint by rejecting the complaint only based on an expert’s statement or an opinion issued by an authorized, notified, or accredited person or the opinion of a designated person (hereinafter referred to as the “expert assessment of the goods”). Regardless of the outcome of the expert assessment, the Seller may not require the Buyer to cover the costs of the expert assessment of the Goods or other costs related to the professional assessment of the Goods.
- If the Buyer has filed a complaint about the product after 12 months from the conclusion of the purchase contract and the Seller has rejected it, the person who settled the complaint is obliged to indicate in the proof of settlement of the complaint to whom the Buyer can send the Goods for professional assessment. If the Buyer sends the goods for professional assessment to the designated person specified in the proof of settlement of the complaint, the costs of the professional assessment of the Goods, as well as all other related expediently incurred costs, shall be borne by the Seller, regardless of the outcome of the professional assessment. If the Buyer proves by professional assessment the Seller’s liability for the claimed defect of the Goods, he may file the complaint again; during the conduct of the professional assessment of the Gods, the warranty period does not run. The Seller is obliged to reimburse the Buyer within 14 days from the date of the reclaimed complaint for all costs incurred for the professional assessment of the goods, as well as all related expediently incurred costs. A reclaimed claim cannot be rejected.
4. Handling of the complaint
- The complaint is made in person or by post at the address:
831 02 Bratislava
Together with the goods, we recommend providing a document confirming the purchase of the goods (invoice), which serves as a warranty card and a completed Complaints protocol, for faster processing of the complaint.
- In the event that the Buyer exercises his right and requires the elimination of the malfunction of the Goods by repair and in the warranty card there is a different entity for the purpose of warranty repairs of the Goods other than theseller, whose place of business is in the same place as in the case of the Seller or in a place closer to the Buyer, the Buyer shall exercise the right to warranty repair with the entity specified in the warranty certificate.
- In the event that it is not possible to apply the warranty repair to an entity other than the seller, the seller will arrange the warranty repair. On the day of receipt of the complaint, the Seller shall issue to theApplicant a document of receipt of the complaint of the goods, in which he will accurately identify the defects of the goods in accordance with the provisions of § 18 par. 5 of the Consumer Protection Act. After the complaint has been settled, the seller informs Kof the upcoming in the form agreed with Kupkeeper.
- Furthermore, the Buyer is entitled to require warranty repair in authorized service centers, the list of which is attached in the documentation for the Goods, or the Seller will notify them at the Request of the Buyer.
- Complaints, including the elimination of a malfunction, must be dealt with without undue delay, in justified cases no later than 30 days from the date of application of the reclamation. After the expiration of this period, the Sneedle has the right to withdraw from the contract or has the right to exchange the product for a new product.
- In a situation where the Goods need to be sent to the Seller or service center, the Buyer acts in such a way that the Goods are packed in a suitable package that sufficiently protects the Goods and satisfies the requirements for transporting the Goods. In the case of transporting fragile Goods, we recommend marking the shipment with the appropriate symbols.
- In the event that the claimed goods are delivered by post or courier, the responsible person will take over the goods, check the shipment, documentation (invoice, cash register block, which serves as a warranty card, packaging), the decisive date for the period of the complaint is the date of receipt from the courier or postal carrier.
- The data protection officer is fully responsible for monitoring the expiry of the complaint period in accordance with the relevant provision of Act No. 250/2007 Coll. on Consumer Protection and the Civil Code and contacting the customer without delay about the settlement of the complaint within the statutory period in the form of e-mail, SMS or registered letter.
- After the complaint has been properly settled, the service center will invite the Buyer by phone, e-mail or other means agreed with the Buyer to take over the repaired Goods and the Rof the green protocol, or the goods together with the Relimination protocol will be delivered to the Buyer by registered mail.
- During any visit by a service technician to the Buyer, it is necessary to draw up a report on the detected malfunctions and the form of their elimination. Without such a protocol, a visit to a service technician is not taken into account.
- The right to claim the warranty expires in the event of unprofessional assembly or unprofessional putting into service of the Goods, as well as in the case of unprofessional handling of the Goods, i.e. in particular:
- infringements of protective seals and stickers, if any, on the product,
- useof the Goods in conditions that do not correspond in their parameters to those specified in the documentation for the Goods.
5. Alternative dispute resolution
- In the event that theS needter was not satisfied with the seller’s handling of the complaint, or if the Sneedter turned to the Seller with a request for redress and was not satisfied with the way in which the Seller handled his complaint or if he believes that the Seller has violated his rights, the Sneedter has the right to contact the Seller with a request for redress. If the Seller responds negatively to such a request or does not respond to it within 30 days from the date of its dispatch, the Seller has the right to file an alternative dispute resolution proposal with an alternative dispute resolution entity. The subject of alternative dispute resolution is the Slovak Trade Inspection, Prievozská 32, P.O. Box 5, 820 07 Bratislava 27, or another relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available on the www.mhsr.sk website). Theneedy person is entitled to choose the alternative dispute resolution entity for consumer disputes to which he will turn. The consumer can use the online dispute resolution platform available on the http://ec.europa.eu/consumers/odr/ website to submit a proposal for alternative dispute resolution.
6. Final provisions
- In the event of any Complaint, the Buyer informs the Seller about the filing of the complaint and agrees with him on the most appropriate form of complaint procedure. Taking into account the nature of the complaint, the Seller will offer the Buyer to be visited by a service technician and to repair malfunctions of the Goods at the place of possible installation, i.e. at the Buyer’s, or recommend to deliver the Goods to a service center.
- This Complaints Procedure enters into force on 1.3.2021. Changes to the Complaints Procedure reserved. However, the contract validly concluded is subject to the Complaints Procedure in force at the time of the conclusion of the contract.
This Complaints Procedure are an unofficial translation of the valid Slovak version of the Complaints Procedure (Reklamačný poriadok). In the event of any differences between this Complaints Procedure in English and underlying Complaints Procedure in Slovak , the text of the Slovak Complaints Procedure take precedence.