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Complaints terms

Complaints terms for online shops www.sportheaters.com and www.zohrejsa.sk.

An integral part of the Terms of use.

Complaints terms specify the customer's approach in the case when despite all efforts of SVK media s.r.o. the preservation of the high quality of the offered goods will give the customer a legitimate reason to assert the liability rights for the defects of the products sold.

This complaints terms is issued to ensure the conditions of liability for defects of the goods sold and their application to buyers in accordance with Act no. 40/1964 civil code in the wording of later regulations and pursuant to Act No. 250/2007 on consumer protection as amended:

1. PREVENTION

  1. When choosing the goods it is necessary that the chosen type and size of the product exactly match the customer's needs. Before purchasing the product customer will take into mind the purpose of use, design, material composition and method of care of the goods. Only goods well chosen in terms of functional, assortment and size are prerequisites for the fulfillment of the utility value and purpose of the use of the goods.
  2. A fundamental prerequisite for maintaining the right conditions of the purchased goods and their functionality is proper buyer prevention through basic maintenance.
  3. Before purchasing, the buyer takes into mind the purpose of goods, design, material and the method of treatment as well as the possible physiological differences in body type.
  4. To correctly choose the type of goods seller offers the advisory service through the contact form.

 

2. BASIC COMPLAINTS TERMS

  1. If there is a defect in the purchased goods during the warranty period, the buyer has the right to complain about this defect.
  2. A change in the properties of purchased goods which arose during the warranty period due to its wear, misuse or use contrary to the purpose for which the products are intended, inappropriate or neglected basic maintenance or incorrect intervention by the buyer can not be considered as a defect. The defect in the goods is also not a minor difference in the structure of the face-art drawing of natural leather.
  3. If the buyer applies complaints on time seller is obliged to determine the method of complaint immediately, in complex cases within three working days, in justified cases, especially if a complex technical assessment of the product condition is required within 30 days from the date of the complaint. After determining how the complaint is handled, the claim will be rectified immediately, and in justified cases, the complaint may be recovered later, however, the claim may not take longer than 30 days from the date of the claim.
  4. Buyer submits purchased goods on a complaint clean and dry. The seller is entitled to the polluted or general hygienic practice contradicting the claimed products to refuse to accept the claim.

 

3. CHECKING GOODS ON DELIVERY

  1. When accepting purchased goods buyer is required to verify that the packaging in which the goods are packed is not damaged. In the case of damage it is necessary to write a report on the defects detected during transport at the place of delivery of the goods with the transport service - courier service. If the buyer takes the goods despite apparent damage to the packaging the seller will not accept any later complaints for this reason.
  2. The buyer is obliged to check the delivered goods without any delay after its acceptance.
  3. If the buyer discovers the incompleteness of the goods or any damage to the goods caused by the transport service that is not caused by external damage to the packaging it is obligatory to claim the compliance immediately with the seller. In the case that the buyer fails to apply compliance to the seller within the time limit specified in the previous sentence delivery of the goods shall be considered complete and free of defects and the claims of this title shall not be accepted.
  4. The goods are subject to a 24-month warranty (except for batteries) unless otherwise stated on the products. The warranty period begins on the date of receipt of the goods from the shipping company or directly from the seller if the goods are taken over by the buyer personally on the day of its takeover.
  5. Buyer is obliged to claim defects of the goods purchased on web sites zohrejsa.sk or sportheaters.com without undue delay following the terms of the relevant provisions of the Commercial Code and the Civil Code as amended.

 

4. WITHDRAWAL FROM THE CONTRACT WITHOUT GIVING ANY REASON UNDER THE CONSUMER PROTECTION ACT WHEN SELLING GOODS AT A DISTANCE

In the case when the contract of sale is concluded by using means of distance communication (in this case e-commerce on the Internet) and if the seller has given the buyer as a consumer the right to withdraw from the contract following § 3 par. 1 letter h) of the Consumer Protection Act for the sale of goods at a distance buyer as a consumer is entitled to withdraw within 14 (fourteen) days from receipt of the goods without giving the reason for the purchase contract.

 

5. PLACE AND METHOD OF COMPLAINTS

  1. Buyer applies complaints by delivering a written complaint together with the goods and proof of purchase of the products by mail to the seller's address but not by cash on delivery, namely:

    Tomas Bartalsky 
    Zadunajska cesta 16
    851 01 Bratislava
    Slovakia

    Goods must be packed appropriately so that the goods are not damaged during transport and we recommend that the goods are send by registered mail. The goods must be accompanied by a copy of the purchase receipt (invoice) with a precise description of the defect for which the goods are being claimed.

     
  2. Complaints must be sent only in written form (not by e-mail).
  3. Seller reserves the right not to accept the goods sent by the buyer for cash on delivery.
  4. Seller is required to issue a receipt to the buyer when claiming the goods.
  5. Seller is obliged to issue a written document about the execution of the claim not later than 30 days from the date of claiming the compliance.
  6. Warranty repairs are performed by the seller.

 

6. TIME LIMIT FOR CLAIMING COMPLAINTS

  1. Defects of the purchased goods must be applied by the buyer to the seller without any delay after their discovery. Rights of liability for defects of goods must be applied to the seller at latest by the expiration of the statutory warranty period up to 24 months (excluding batteries) from the date of receipt of the goods.
  2. If goods are repaired the warranty period is extended from the time of repairing defect until the buyer is obliged to take over the goods. Once the buyer requests some of the rights from liability for defects such as the right to repair the goods or the discount it's considered as he made the choice and requested one of the possible rights and can not change the choice of the right to use unless agreed otherwise with the seller.
  3. If the complaint is resolved by replacing the defective goods with a new one the warranty period will begin to run again from the receipt of the new goods

 

7. REMOVABLE DEFECTS

  1. In case of a removable defect, the buyer has the right to demand free, timely and proper removal.
  2. If a removable defect occurs on the product that has not yet been used buyer of his choice may require either free of charge, timely and proper removal or replacement of the goods (can be exchanged for any other goods) or withdraw from the purchase contract.

 

8. NON-REMOVABLE DEFECTS

  1. A defect which disallows the proper use of the goods and can not be removed is considered to be a non-removable defect.
  2. A defect that does not prevent the proper use of the goods but which would remove the appearance or the quality of the goods is considered as a non-removable defect.
  3. If the defect is non-removable except for the defects referred in point 1.2 of this document buyer has the right to claim:
    a) replacement of goods for new and flawless (can be exchanged for any other goods)
    b) withdrawal from the purchase contract when the nature of a non-removable defect impedes the proper use of the goods.
  4. In the case when the nature of a non-removable defect does not prevent the proper use of the goods as defective goods (aesthetic defects...), the buyer is entitled to an appropriate discount on the purchase price. When granting a discount seller consider the nature of the defect, degree and mode of wear and tear of the goods, length of their use and the possibilities of their further use.

 

9. ALTERNATIVE DISPUTE RESOLUTION

  • If the buyer is not satisfied with the seller's handling of his claim or the seller believes that the seller has breached his rights buyer has the right to contact the seller for a remedy. If seller replies to the buyer's request under the previous sentence or fails to respond to such a request within 30 days of the date of its dispatch by the buyer, buyer shall have the right to file an Alternative Dispute Resolution pursuant to § 12 of Act No. 391/2015 Z.z. on alternative dispute resolution of consumer disputes and on amendments to certain laws (hereinafter referred to as the "Alternative Dispute Resolution"). The Competent Body for Alternative Dispute Resolution with the Seller is (i) the Slovak Trade Inspection which can be contacted for the above purpose at the Central Inspectorate of the SOI, the International Relations Department and the ARS, Prievozská 32, post office 29, 827 99 Bratislava or electronically on ars@soi.sk or adr@soi.sk or (ii) other authorized legal person registered in the list of alternative dispute resolution entities maintained by the Ministry of Economic Affairs of the Slovak Republic (list of eligible entities is available at http://www.mhsr.sk/zoznam -subjects-alternative-dispute-consumer-disputes / 146987s), and the buyer has the right to choose which of these alternative dispute resolution entities to address. The possibility of appealing to the court is not affected. Buyers can use the online dispute resolution platform to submit a proposal for an alternative to their consumer dispute, available at http://ec.europa.eu/consumers/odr/.
  • Buyer's proposal to open an alternative dispute resolution in accordance with Section 12, paragraph 3 of the Alternative Dispute Resolution must include the following:
    a) name and surname of buyer, delivery address, e-mail address and phone contact, if any,
    b) exact indication of the seller,
    c) complete and comprehensible description of the decisive facts,
    d) indication of what the buyer as a consumer is seeking,
    e) date when the buyer as a consumer contacted the seller with a request for redress and the information that attempt to resolve the dispute directly with the seller was not fruitful,
    f) statement that the same act has not been sent to another alternative dispute resolution entity, the court or arbitration tribunal has not ruled on the matter, mediation agreement has not been concluded or an alternative dispute resolution has been terminated in the manner provided for in Article 20 (1) (a) to (e) of the Alternative Dispute Resolution Act.

The proposal can be submitted in written form, electronic form or orally to the minutes. For submitting a proposal, the buyer can use the form, model of which is available to the buyer for download at the seller's site at sportheaters.com or zohrejsa.sk and is also available at the Ministry's web site (http://www.mhsr.sk/alternativne-riesenie-spotrebitelskych-sporov- clr / 146956s) and any alternative dispute resolution entity. The draftsman attaches to the draft the documents relating to the subject matter of the dispute, which demonstrate the facts set out in the proposal.

Alternative Dispute Resolution Form

 

10. FINAL PROVISIONS

Seller reserves the right to change and amend these complaints terms without prior notice of buyer. In case of a change in complaints terms, the entire purchase process is governed by the terms and conditions that were in effect at the time the order was sent by the buyer and these are available on the seller's website.

 

Warning:
This complaints terms applies only to the online store www.zahrejsa.sk and www.sportheaters.com

Seller is obliged to provide the customer with a written document no later than 30 days from the date of filing the complaint (§ 18 paragraph 9 of the Consumer Protection Act).
This written document is a letter containing a written complaint about the furnishing of the claim. After three months after the complaint has been reclaimed in case of non-receipt of the product, it is subject to ecological disposal after that date.


Bratislava 28.10.2018

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