Complaint Procedure

COMPLAINTS PROCEDURE

You can report a complaint (point out a defect) 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. For the avoidance of doubt, a complaint of goods within the meaning of these Complaints Procedure shall be understood as a complaint of a defect pursuant to Section 622 of the Civil Code.

The trader shall be liable for any defect that the goods have at the time of delivery to the buyer and which becomes apparent within two years of delivery of the goods, unless otherwise stated in the GTC or these Complaints Regulations. For selected goods, the trader provides a consumer guarantee to buyers who are consumers for a period of 5 years from the delivery of the goods to the buyer in accordance with the provisions of clause 11.1 of the GTC.
If the goods are defective, the Buyer has the right to complain about the defects at any of the Merchant's premises, at any other person of whom the Merchant has informed the Buyer prior to the conclusion of the contract or prior to the dispatch of the order, or by means of remote communication at the address of the Merchant's registered office or place of business, or at any other address of which the Merchant has informed the Buyer at the conclusion of the contract, or after the conclusion of the contract in accordance with Art.1.1. § Section 622(1) of the Civil Code by delivering the goods to the merchant's premises and delivering to the merchant the buyer's expression of intent to exercise his/her right pursuant to points 7 to 19 of these Complaints Regulations (hereinafter referred to as "statement of defects"), e.g. in the form of a completed complaint form, which is located on the relevant subpage of the merchant's e-shop (the "Complaints Form" form). The trader recommends to insure the goods when sending them as part of the claim form. The trader does not accept COD shipments. The Buyer is obliged to truthfully state all the required information in the Defect Notice, in particular to indicate precisely the type and extent of the defect in the goods; the Buyer shall also indicate which of his rights arising from Sections 623 and 624 of the Civil Code he claims. The Buyer shall also have the right to raise the defect with the person authorised by the manufacturer of the goods to carry out warranty repairs (hereinafter referred to as the "designated person"). A list of the designated persons is included in the warranty certificate or sent to the buyer by the trader at his request.
The buyer may only exercise the rights of liability for defects in the goods if he has pointed out the defect within two months of the discovery of the defect, at the latest by the expiry of the period referred to in point 1. of this Complaints Procedure.
If the Buyer has pointed out the defect by a postal item which the Trader has refused to accept (except for items sent on delivery, which the Trader does not accept), the item is deemed to have been delivered on the day of refusal.
The trader or a designated person shall issue the buyer immediately after the buyer has pointed out the defects of the goods with a written confirmation of the defects of the goods in a suitable form chosen by the trader, e.g. in the form of a mail or in writing, in which he is obliged to precisely identify the claimed defects of the goods and once again instruct the buyer, who is a consumer, about his rights arising from points 7 to 13. 623 of the Civil Code) and the rights arising from points 14 to 19 of the Complaints Procedure (section 624 of the Civil Code), and in which he shall specify the time limit within which he shall remedy the defect, which shall not be longer than 30 days from the date on which the defect was identified, unless a longer time limit is justified by an objective reason beyond the trader's control. If the complaint of defects is delivered by means of remote communication, the trader is obliged to deliver the confirmation of the complaint of defects to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay.
If the trader refuses liability for defects, he shall notify the buyer in writing of the reasons for the refusal. If the buyer proves the trader's liability for the defect by an expert opinion or an expert opinion issued by an accredited person, an authorised person or a notified person, the buyer may raise the defect repeatedly and the trader may not refuse liability for the defect; the obligation of the buyer to raise the defect within two months of the discovery of the defect does not apply to the repeated raising of the defect (point 3 of these Complaints Regulations). The buyer's (consumer's) costs associated with the expert opinion and the expert opinion are covered by the provisions of Section 509(2) of the Civil Code.
The buyer has the right to choose to remove the defect by replacing the goods or repairing the goods. The buyer may not choose a method of remedying the defect which is not possible or which would cause the trader disproportionate costs in comparison with the other method of remedying the defect, taking into account all the circumstances, in particular the value which the goods would have without the defect, the seriousness of the defect and whether the other method of remedying the defect would cause the buyer considerable difficulties.
The trader may refuse to remedy a defect in the goods if repair or replacement is not possible or would involve disproportionate costs taking into account all the circumstances, including those set out in point 7 of these Complaints Regulations.
The trader shall repair or replace the goods within a reasonable time after the buyer has pointed out the defect, free of charge, at his own expense and without causing serious inconvenience to the buyer, taking into account the nature of the goods and the purpose for which the buyer has requested the goods.
A reasonable period of time according to point 9. of these Complaints Regulations means the shortest time the trader needs to assess the defect and to repair or replace the goods, taking into account the nature of the goods and the nature and severity of the defect.
For the purpose of repair or replacement of the goods, the buyer shall hand over or make the goods available to the trader or a designated person. The cost of taking delivery of the goods shall be borne by the trader.
The trader shall deliver the repaired goods or replacement goods to the buyer at his own expense in the same or similar manner in which the buyer delivered the defective goods to him, unless the parties agree otherwise. If the buyer fails to take delivery of the goods within six months of the date on which he should have taken delivery, the trader may sell the goods. If the goods are of greater value, the trader shall give the buyer prior notice of the intended sale and a reasonable additional period of time to take delivery of the goods. The trader shall, immediately after the sale, pay to the buyer the proceeds of the sale of the goods after deducting the costs reasonably incurred by the trader in storing and selling the goods, if the buyer exercises his right to a share of the proceeds within a reasonable period of time specified by the trader in the notice of the intended sale of the goods. The trader may destroy the goods at his own expense if he has failed to sell them or if the anticipated proceeds of the sale will not be sufficient to cover either the costs which the trader has reasonably incurred in keeping the goods and the costs which the trader would necessarily have to incur in selling them.
In remedying the defect, the trader shall arrange for the removal of the goods and the installation of the repaired goods or replacement goods, if the replacement or repair requires the removal of the defective goods, which were installed in accordance with their nature and purpose before the defect became apparent. The trader and the buyer may agree that the removal of the goods and the installation of the repaired or replacement goods shall be arranged by the buyer at the trader's expense and risk.
The buyer is entitled to a reasonable discount on the purchase price or may withdraw from the purchase contract without giving a reasonable period of time pursuant to Section 517(1) of the Civil Code, if
the trader did not repair or replace the goods;
the trader has not repaired or replaced the goods in accordance with Article 623(4) and (6) of the Civil Code;
the trader has refused to remedy the defect in the goods pursuant to Article 623(2) of the Civil Code;
the goods have the same defect despite the repair or replacement of the goods;
the defect is of such a serious nature as to justify an immediate discount on the purchase price or withdrawal from the contract of sale; or;
the trader has declared or it is apparent from the circumstances that he will not remedy the defect within a reasonable time or without serious inconvenience to the buyer.
In assessing the Buyer's right to a discount on the purchase price or withdrawal from the purchase contract under clauses 14.d) and 14.e) of these Complaints Regulations, all circumstances shall be taken into account, in particular the type and value of the goods, the nature and severity of the defect and the possibility of the Buyer being objectively required to have confidence in the trader's ability to remedy the defect.
The discount on the purchase price must be proportionate to the difference between the value of the goods sold and the value they would have had if they were free from defects.
The buyer may not withdraw from the contract of sale according to point 14, if the buyer participated in the defect or if the defect is negligible. The burden of proving that the buyer has contributed to the defect and that the defect is insignificant is on the trader.
If the contract relates to the purchase of several goods, the buyer may withdraw from the contract only in relation to the defective goods. In relation to the other goods, he may only withdraw from the contract if he cannot reasonably be expected to have an interest in retaining the other goods without the defective goods.
The Buyer shall return the goods to the Merchant at the Merchant's expense upon withdrawal from the Contract or part thereof. The trader shall arrange for the removal of the goods which were installed in accordance with their nature and purpose before the defect became apparent. If the trader fails to remove the goods within a reasonable time, the buyer may arrange for the removal and delivery of the goods to the trader at the trader's expense and risk.
Upon withdrawal from the contract, the trader shall refund the purchase price to the buyer no later than 14 days from the date of return of the goods to the trader or upon proof that the buyer has sent the goods to the trader, whichever is earlier.
The trader shall refund the purchase price to the buyer or pay him a discount on the purchase price in the same way as the buyer used when paying the purchase price, unless the buyer expressly agrees to a different method of payment. All costs associated with the payment shall be borne by the trader.
The trader is not entitled to compensation for damage caused by normal wear and tear of the goods and to remuneration for the normal use of the goods before withdrawal from the contract of sale.
The trader has informed the buyer of his rights under section 623 of the Civil Code (points 7 to 13 of the Complaints Procedure) and the rights under section 624 of the Civil Code (points 14 to 19 of the Complaints Procedure) by placing the GTC and this Complaints Procedure on the relevant subpage of the trader's e-shop and the buyer had the opportunity to read them at the time before sending the order.
In the event of a defect in the goods, the buyer may not continue to use the goods until the defect has been rectified. Information about the designated persons and service points for warranty and post-warranty service is provided in the warranty card or will be provided by the trader to the buyer on request by phone or e-mail.
The Buyer has the right to complain to the Trader during the warranty period referred to in point 1 of these Complaints Regulations about defects in the goods purchased from the Trader for which the manufacturer, supplier or Trader is responsible.
The warranty does not cover defects that the buyer was notified of by the trader at the time of the conclusion of the contract, or of which, taking into account the circumstances under which the purchase contract was concluded, he should have been aware. The trader is obliged to sell used goods or goods with defects separately from other goods or separately marked.
The warranty period is set according to point 11.1 of the GTC and point 1 of this Complaints Procedure, unless a different warranty period is agreed for specific cases. If the Buyer arranges for the assembly of the goods himself or through a person other than the Merchant or a person authorised by the Merchant, the Merchant provides a warranty for such goods only to the extent provided by law, and thus in such a case the extended (consumer) warranty does not apply.
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.
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.
The provisions of these Complaints Regulations expressly do not apply to entities not meeting the definition of consumer set out in Section 52(4) of the Civil Code.
If the consumer is not satisfied with the way in which the trader has dealt with the complaint (complaint) or if the consumer believes that the trader has violated his/her rights, he/she has the possibility to contact the trader and ask for redress. If the trader 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 of Consumer Disputes and on Amendments and Additions to Certain Acts. The competent entity for alternative dispute resolution of consumer disputes with the trader 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 entity 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/ to submit a proposal for alternative dispute resolution.