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Complaints Procedure

You can report complaints via the complaint form.

Unless otherwise stated in these Complaints Procedure, terms and definitions used in the GTC shall have the same meaning in these Complaints Procedure.

  1. If the goods are defective and can be rectified, the buyer has the right to have them rectified free of charge, in a timely and proper manner. The seller is obliged to remove the defect without undue delay.
  2. Instead of removing the defect, the buyer may require replacement of the goods or, if the defect relates http://www.mhsr.sk to a part of the goods, replacement of the part if this does not incur disproportionate costs for the seller in relation to the price of the goods or the severity of the defect.
  3. The Seller may always replace the defective goods with faultless ones instead of removing the defect, if this does not cause serious inconvenience to the Buyer.
  4. If there is a defect in the goods which cannot be remedied and which prevents the goods from being properly used as a thing without defect, the buyer has the right to have the goods replaced or to withdraw from the contract of sale. The same rights shall apply to the buyer if the defects are remediable, but if the buyer cannot properly use the goods due to the reoccurrence of the defect after the repair or due to a greater number of defects.
  5. If there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the goods.
  6. The Seller has informed the Buyer of his rights under Section 622 of the Civil Code (points 1 to 3 of the Complaints Procedure) and the rights under Section 623 of the Civil Code (points 4 and 5 of the Complaints Procedure) by placing these terms and conditions on the relevant sub-page of the Seller's e-shop and the Buyer had the opportunity to read them at the time before sending the order.
  7. The Seller shall be liable for defects in the goods in accordance with the applicable regulations of the Slovak Republic and the Buyer is obliged to file a claim with the Seller or a designated person without undue delay. In the event of a defect in the goods, the Buyer shall not use the goods until the defect is rectified. Information about designated persons and service points for warranty and post-warranty service is provided in the warranty card or will be provided by the Seller to the Buyer upon request by telephone or e-mail.
  8. Complaint handling is subject to the Seller's applicable Complaint Procedure. The Buyer was duly acquainted with the Complaints Procedure and informed about the terms and conditions and the 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(1) of the Consumer Protection Act  at the time before the conclusion of the purchase contract by placing these Complaints Conditions on the relevant subpage of the Seller's e-shop and the Buyer had the opportunity to read them at the time before placing the order.
  9. During the warranty period, the Buyer has the right to claim liability from the Seller for defects in the goods purchased from the Seller for which the manufacturer, supplier or Seller is liable.
  10. If the goods are defective, the buyer has the right to make a claim at the seller's establishment in accordance with § 18 (2) of the Consumer Protection Act by delivering the goods to the seller's establishment and delivering to the seller the buyer's expression of intent to exercise his right under points 1. to 5. of these Complaint Conditions (hereinafter referred to as "Notice of Claim"), e.g. in the form of a completed claim form, which is located on the relevant subpage of the Seller's e-shop (form " Claim Form "). The Seller recommends to insure the goods when sending them for claim. The Seller does not accept COD shipments. The Buyer is obliged to truthfully state all required information in the Notice of Claim, in particular to indicate precisely the type and extent of the defect in the goods; the Buyer shall also indicate which of its rights arising from Sections 622 and 633 of the Civil Code it claims. The Buyer shall also have the right to lodge a claim with the person authorised by the manufacturer of the goods to carry out warranty repairs (hereinafter referred to as the "designated person"). The list of designated persons is included in the warranty certificate or sent to the Buyer by the Seller at his request.
  11. Complaint procedure concerning goods that can be delivered to the Seller begins on the day when all of the following conditions are cumulatively met:
    - delivery of the Notice of Claim to the Seller,
    - delivery of the claimed goods from the buyer to the seller or a designated person,
    - delivery of other related documentation to the claimed goods to the Seller, if these data are necessary for the proper processing of the claim;
  12. If the subject of the complaint is goods that cannot be objectively delivered to the Seller or that are fixed, the Buyer is obliged, in addition to fulfilling the conditions under points 11 a) and c) of these Complaints Regulations, to provide all necessary assistance to carry out an inspection of the claimed goods by the Seller or a third party designated by the Seller. The complaint procedure concerning goods which cannot be delivered objectively to the Seller or which are fixed shall begin on the day on which the inspection of the goods pursuant to the first sentence is carried out. However, if the Seller or a third party designated by the Seller fails to arrange for an inspection within a reasonable period of time, but no later than 10 days after the delivery of the Notice of Claim to the Seller, despite the Buyer's provision of the necessary cooperation, the claim procedure shall commence on the date of delivery of the Notice of Claim to the Seller.
  13. The Seller or a designated person shall issue the Buyer with a confirmation of the claim in a suitable form chosen by the Seller, e.g. in the form of an e-mail or in writing, in which the Seller is obliged to precisely indicate the claimed defects of the goods and shall once again instruct the Consumer on his rights arising from points 1 to 3 of these Complaints Regulations (section 622 of the Civil Code) and the rights arising from points 4 to 5 of these Complaints Regulations (section 623 of the Civil Code). If the claim is made by means of remote communication, the Seller is obliged to deliver the confirmation of the claim 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 the claim; the confirmation of the claim does not have to be delivered if the Buyer has the possibility to prove the claim in another way.
  14. The Buyer is entitled to decide which of his rights under § 622 and § 623 of the Civil Code he exercises and is also obliged to immediately deliver information about his decision to the Seller. On the basis of the buyer's decision, which of his rights within the meaning of § 622 and § 623 of the Civil Code he exercises, the seller or a designated person is obliged to determine the method of handling the complaint pursuant to § 2 (m) of the Consumer Protection Act immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases, in particular if a complex technical evaluation of the condition of the goods is required, no later than 30 days from the date of the beginning of the complaint procedure. After determining how to handle the complaint, the seller or a designated person shall handle the complaint immediately; in justified cases, the complaint may also be handled later. However, the handling of the complaint may not take longer than 30 days from the date of the complaint. If the acceptance of the subject of the complaint by the Seller occurs on a day later than the day on which the complaint is made, the time limits for the settlement of the complaint under this paragraph shall begin to run from the date of acceptance of the subject of the complaint by the Seller; however, at the latest from the moment when the Seller prevents or hinders the acceptance of the subject of the complaint. After the expiry of the time limit for the settlement of the complaint, the consumer shall have the right to withdraw from the contract or to have the goods exchanged for new goods.
  15. If the Buyer has made a claim for goods within the first 12 months after the conclusion of the contract of sale, the Seller may only reject the claim on the basis of an expert's opinion or an opinion issued by an authorised, notified or accredited person or the opinion of a designated person (hereinafter referred to as the "expert's assessment of the goods"). Irrespective of the outcome of the expert assessment, the Seller may not require the Buyer to pay the costs of the expert assessment of the Goods or any other costs related to the expert assessment of the Goods.
  16. If the buyer has made a claim for a product after 12 months from the conclusion of the purchase contract and the seller has rejected it, the person who has settled the claim is obliged to indicate in the claim settlement document to whom the buyer can send the goods for professional assessment. If the Buyer sends the goods to a designated person for expert assessment, the costs of the expert assessment of the goods as well as all other related costs reasonably incurred shall be borne by the Seller regardless of the outcome of the expert assessment. If the buyer proves the seller's liability for the claimed defect of the goods by the expert assessment, the buyer may reassert the claim; the warranty period shall not expire while the expert assessment is being carried out. The Seller is obliged to reimburse the Buyer within 14 days from the date of the reasserted claim for all costs incurred for the expert assessment of the goods as well as all related costs reasonably incurred. The reasserted claim cannot be rejected.
  17. The warranty does not cover defects that the buyer was warned of by the seller at the time of the conclusion of the contract, or of which, taking into account the circumstances under which the purchase contract was concluded, the buyer should have been aware.
  18. The Seller reserves the right to replace the defective goods with other faultless goods with the same or better technical parameters, if this does not cause serious inconvenience to the Buyer.
  19. The seller is not liable for defects in the goods:
    - if the buyer has not exercised his right regarding the seller's liability for defects in the goods by the end of the warranty period,
    - if the defect of the goods is mechanical damage to the goods caused by the buyer, if the defect of the goods was caused by the use of the goods in conditions that do not correspond to the natural environment of the goods in terms of intensity, humidity, chemical and mechanical influences, if the defect of the goods was caused by unprofessional handling, operation or neglect of care of the goods,
    - if the defect in the goods is caused by damage to the goods due to excessive loading or use contrary to the conditions specified in the documentation or the general principles of normal use of the goods,
    - if the defect in the goods is caused by damage to the goods caused by unavoidable and/or unforeseeable events,
    - if the defect in the goods was caused by accidental damage and accidental deterioration,
    - if the defect in the goods was caused by unprofessional intervention, water damage, fire, static or atmospheric electricity or other force majeure,
    - if the defect in the goods was caused by tampering with the goods by an unauthorised person. If the consignment is incomplete or if it is an obvious defect which the Buyer could have detected by inspecting the consignment upon delivery of the goods and which the Buyer did not notify the Seller's representative without undue delay, subsequent claims of this kind will only be accepted if the Buyer proves that the claimed defects were already present at the time of the Buyer's receipt of the goods.
  20. The Seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:
    - by handing over the repaired goods,
    - exchange of goods,
    - by refunding the purchase price of the goods,
    - by paying a reasonable discount on the price of the goods,
    - by a written invitation to take over the performance specified by the seller,
    - by reasoned rejection of the claim.
  21. The Seller is obliged to issue a written document to the Buyer about the method of determining the complaint handling and about the complaint handling no later than 30 days from the date of the complaint, but no later than together with a document about the complaint handling, if the period for its handling started to run from the date of receipt of the subject of the complaint by the Seller in person, through the provider of postal or courier or delivery service. The Seller shall inform the Buyer of the result of the complaint immediately after the completion of the complaint procedure by telephone or e-mail and the Buyer shall be sent a proof of the complaint together with the goods or by e-mail.
  22. The warranty period is set according to point 11.1 of the GTC, unless a different warranty period is agreed for specific cases . In the event that the Buyer arranges for the assembly of the goods himself or through a person other than the Seller's person or a person authorised by the Seller, the Seller provides a warranty for such goods only to the extent provided for by law, and thus in such a case the extended warranty does not apply.    
  23. The warranty period shall be extended by the period during which the buyer could not use the goods due to warranty repair of the goods.
  24. In the case of exchange of goods for new ones, the buyer will receive a document on which the information about the exchange of goods will be indicated, and any further claims will be made on the basis of the contract of sale and this claim document. In the event of replacement of the goods with new goods, the warranty period will start again from the receipt of the new goods, but only for the new goods.
  25. In the case of a remediable defect, the claim will be handled in the following manner, depending on the Buyer's decision according to point 14. of this Complaints Procedure:
    - the seller ensures that the defect is removed, or
    - the seller will replace the defective goods.
  26. If it is a remediable defect and the Buyer does not immediately determine, according to point 14 of these Complaints Regulations, how the complaint is to be handled, the Seller shall handle the complaint by removing the defect.
  27. If it is a defect that cannot be removed, or one repeatedly repeated removable defect, or a greater number of different removable defects that prevent the goods from being properly used as without defect, the Seller shall, depending on the Buyer's decision under point 14 of these Complaints Regulations, handle the complaint in the following manner:
    - by replacing the goods with other functional goods of the same or better technical characteristics, or
    - in the event that the Seller cannot exchange the goods for another, the Seller will settle the claim by refunding the purchase price for the goods.
  28. The handling of the claim applies only to the defects specified in the Notice of Claim and in the confirmation of the claim of the goods according to point 13. of these Complaints Regulations.
  29. For the purposes of a claim, the occurrence of a single repetitive defect more than twice shall be deemed to be a repetitive repetitive repairable defect.
  30. For the purposes of the claim, the occurrence of at least three different repairable defects at the same time shall be deemed to be a greater number of different repairable defects.
  31. The Buyer's right to claim a defect in the Goods is exhausted after the Buyer has exercised its right and requested the Seller to remedy the defect in the Goods pursuant to Clause 1 of these Claims Procedure and, regardless of the outcome of the claim, any re-asserted claim for the same unique defect (not a defect of the same kind) will be rejected.
  32. The provisions of these Complaints Regulations expressly do not apply to entities that do not meet the definition of a consumer set out in section 2(a) of the Consumer Protection Act.
  33. If the consumer is not satisfied with the way in which the seller has handled his/her complaint or if he/she believes that the seller has violated his/her rights, he/she has the possibility to turn to the seller with a request for redress. If the Seller responds to the request for redress in a negative manner or fails to respond within 30 days from the date of its dispatch, the consumer has the right to submit a proposal for the initiation of an alternative dispute resolution pursuant to the provisions of Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and on Amendments and Additions to Certain Acts. The competent entity for alternative dispute resolution of consumer disputes with the seller JAVORINA, výrobné družstvo, is the Slovak Trade Inspection, Bajkalská 21/A, P. O. BOX No. 5, 820 07 Bratislava, ID No.: 17331927, http://www.soi.sk, or another competent authorised legal person registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk); the consumer has the right to choose which of the above-mentioned alternative dispute resolution entities to turn to. The consumer may use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/.