Complaints procedure

Nachádzate sa tu: / Complaints procedure

Complaints Policy

 Introductory provisions Rodinná firma, s.r.o, IČO: 51689871, with registered office: Raková 1631, 02351 Raková, registered in OU-CA-OZP-2018/003098-2 No. trade register 520-28811 (hereinafter referred to as the „seller„) hereby agrees to these complaints policies in accordance with Section 18, paragraph 1 of Act No. 250/2007 Coll. on Consumer Protection and amending Act No. 372/1990 Coll. on offences as amended, duly informs the buyer, who is a consumer (hereinafter also referred to as the „buyer„), about the conditions and method of exercising rights from liability for defects (hereinafter also referred to as the „complaint„), including information on where he can file a complaint and on the performance of warranty repairs.

  1. This complaint procedure is issued in accordance with Act No. 40/1964 Coll. Civil Code as amended (hereinafter only as the „Civil Code„), Act No. 250/2007 Coll. on Consumer Protection and on amending Act No. 372/1990 Coll. of the Slovak National Council on Offences as amended (hereinafter referred to as the „Consumer Protection Act„), as well as other generally binding legal regulations of the Slovak Republic.
  1. This complaint procedure is, in accordance with Section 18, paragraph 1 of the Consumer Protection Act, placed in a visible place accessible to the buyer on the e-commerce website isokor.sk.

Liability for defects in goods   The seller is responsible for defects in the goods sold upon receipt by the buyer and for defects that occur in the sold goods after receipt of the goods during the warranty period. The warranty period is twenty-four (24) months pursuant to the provisions of Section 620 of the Civil Code.

  1. The seller is responsible to the buyer, in particular, that at the time of receipt of the goods by the buyer:
    1. the goods have the properties agreed upon by the parties, otherwise, that they have the properties that the seller or the manufacturer described or that the buyer expected given the nature of the goods,
    2. the goods are suitable for the purpose that the seller states for its use or for which goods of the same type are commonly used,
    3. the goods correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
    4. the goods are in the appropriate quantity, measure or weight and
    5. the goods comply with the requirements of legal regulations.
  1. The handling of complaints is governed by the valid Complaints Procedure, which is published on the website isokor.sk. By pressing (clicking) the virtual box before sending the order to the seller, the buyer confirms that he has read the Complaints Procedure, agrees with it in full, and also confirms that he has been properly informed about the conditions and method of making a complaint about the goods, including information on where the complaint can be made, and about the performance of warranty repairs in accordance with the provisions of § 18 par. 1 of the Consumer Protection Act.
  1. The Complaints Procedure applies to goods entrusted to the buyer by the seller through the seller’s online store.
  1. The warranty period begins on the day the buyer takes over the goods.
  1. The warranty period does not include the time from the exercise of the right to liability for defects until the moment when the buyer was obliged to take over the goods after the repair was completed. In the event of an exchange of goods, the new warranty period will start again from the date of receipt of the new goods.
  1. The rights that the buyer can exercise from liability for defects in the goods and for which the warranty period applies will expire if they are not exercised within the warranty period.
  1. The buyer acknowledges that if gifts are provided with the goods, it is not possible to exercise the right from defects in such a gift. If the gift contains defects and the seller is aware of them, he is obliged to inform the buyer of such defects.
  1. The buyer acknowledges that in the case of goods sold at a reduced price due to a defect, of which the seller has notified the buyer in advance, rights from liability for defects in the goods cannot be exercised. The buyer cannot exercise the rights of liability for defects in the goods even in the event of wear and tear of the goods caused by their normal use, or if the defect was caused by the buyer himself.
  1. A complaint can only be made for goods that the buyer purchased from the seller and which are also owned by the buyer.
  1. The buyer is obliged to file a complaint with the seller immediately, immediately after discovering the defect.

Procedure for exercising rights under liability for defects in goods / procedure for handling complaints

  1. In accordance with the provisions of Section 18, Paragraph 2 of the Consumer Protection Act, the buyer has the right to file a complaint at the seller’s premises by delivering the goods to the seller’s premises at Oščadnica 882, 023 01 Oščadnica and filling out the complaint form, which he will also deliver to the seller. The form is determined by the seller and its template will be published on the seller’s online store website. The Buyer is obliged to clearly indicate the type and extent of the defects in the complaint form.
  1. The Buyer has the right to decide which of his rights from liability for defects under the provisions of Sections 622 and 623 of the Civil Code he will exercise, namely removal of the defect, replacement of the goods or replacement of a part of the goods and withdrawal from the contract. Based on the Buyer’s decision as to which of the above rights he will exercise, the Seller shall determine the method of handling the complaint pursuant to the provisions of Section 2, letter m) of the Consumer Protection Act immediately, in more complex cases within three (3) working days from the date of filing the complaint, 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 handling the complaint, the Seller shall handle the complaint immediately, in justified cases the complaint may be handled later. However, the process of settling the complaint may not last longer than 30 days from the date of filing the complaint. After the deadline for settling the complaint has expired, the buyer has the right to withdraw from the contract or to exchange the goods for new goods.
  1. Defects that result in a minor breach of the purchase contract, regardless of whether the defect is removable or non-removable, entitle the buyer to have the defect removed or to a reasonable discount on the purchase price. A material breach of the purchase contract is a breach that the party breaching the purchase contract knew about when concluding the contract or must have known that the other party would not have concluded the purchase contract if it had foreseen this breach.
  1. If a removable defect has occurred repeatedly even after repair (usually the third complaint for the same defect or the fourth for different defects note) or the goods have a larger number of defects (usually at least three defects at the same time note), the buyer has the right to claim a discount on the purchase price, exchange the goods or withdraw from the contract.
  1. If the buyer has made a complaint about the goods during the first 12 months from the conclusion of the purchase contract, the seller may handle the complaint by rejecting it only on the basis of an expert assessment. Regardless of the result of the expert assessment, the seller cannot demand from the buyer the reimbursement of the costs of the expert assessment of the goods, or other costs related to the expert assessment of the goods. The seller is obliged to provide the consumer with a copy of the expert assessment justifying the rejection of the complaint no later than 14 days from the date of settlement of the complaint.
  1. If the buyer has filed a complaint about the goods 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 document on settlement of the complaint to whom the buyer can send the goods for expert assessment. If the goods are sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other related and reasonably incurred costs, shall be borne by the seller regardless of the result of the expert assessment. If the buyer proves the seller’s liability for the defect through an expert assessment, he may file the complaint again; during the performance of the expert assessment, the warranty period does not expire. The seller is obliged to reimburse the buyer within 14 days from the date of the re-submission of the complaint all costs incurred for the expert assessment, as well as all related costs incurred in a reasonable manner. A re-submitted complaint cannot be rejected.
  1. When submitting a complaint, the seller is obliged to issue the buyer with a confirmation of the submission of the complaint. If the complaint is made via any means of distance communication, the seller is obliged to deliver the confirmation of the claim to the buyer immediately; if this is not possible, the confirmation of the claim must be delivered without undue delay, but at the latest together with the document confirming the settlement of the claim.
  1. The seller is obliged to issue a written document confirming the settlement of the claim within 30 days from the date of the claim.
  1. The warranty does not apply to defects that were notified to the seller at the time of conclusion of the contract or that he should have known about, taking into account the circumstances at the time of conclusion of the contract.
  1. The buyer’s right to claim the seller’s warranty expires:
    1. failure to submit a document confirming payment, if it serves as a guarantee certificate, delivery note or warranty card, accessories or documentation toboiling,
    2. failure to report obvious defects upon receipt of the goods,
    3. expiration of the warranty period of the goods,
    4. mechanical damage to the goods caused by the buyer,
    5. use of the goods in conditions that do not correspond to the natural environment in terms of humidity and chemical influences,
    6. damage to the goods by unavoidable and/or unforeseeable events,
    7. damage to the goods by accidental destruction and accidental deterioration, or
    8. damage during transport, damage by water, fire or other force majeure.
    9. damage to the goods by excessive loading
  1. The seller is obliged to handle the complaint and terminate the complaint procedure by handing over the repaired goods, exchanging the goods, by refunding the purchase price of the goods, paying an appropriate discount on the price of the goods, by a written request to take over the performance or by its justified refusal.
  1. The warranty period is extended by the period during which the buyer could not use the goods due to the warranty repair of the goods.

The complaint form can be downloaded HERE

 

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