Complaints Procedure
of the online shop www.remini.sk
Article I
Introductory provisions
- These Complaints Regulations regulate the rights and obligations of the contracting parties and the conditions for the application and handling of complaints arising from a purchase contract concluded between a trader and a consumer, the subject of which is the sale of goods through the trader's online shop operated on the website www.remini.sk (hereinafter referred to as the "online shop"). These Complaints Regulations do not apply to the exercise of rights arising from liability for defects by a buyer who is not a consumer.
- This Complaints Procedure is an integral part of the purchase contract specified in Article 1(1) of this Complaints Procedure (hereinafter referred to as the "Purchase Contract").
- This Complaints Procedure is drawn up in accordance with:
- Act No. 40/1964 Coll., the Civil Code, as amended,
- Act No. 108/2024 Coll. on Consumer Protection, as amended,
- Legal relations between the trader and the consumer buyer concerning liability for defects not expressly regulated by these Complaints Regulations shall be governed by the relevant provisions of the Civil Code and the Consumer Protection Act.
- The liability for defects of the trader in relation to a contract concluded with a buyer who is an entrepreneur shall be governed by the relevant provisions of Act No. 513/1991 Coll. of the Commercial Code, as amended.
- These Complaints Regulations are drawn up in the Slovak language.
- By sending the order, the Buyer confirms that he/she has thoroughly read the Complaints Procedure and understands its contents.
Article II
Definitions
- A trader is a person who, in connection with a consumer contract, an obligation arising therefrom or a commercial practice, acts in the course of his business or profession, including through another person acting in his name or on his behalf.
- The trader is the owner of the online shop operated on the website www.remini.sk:
Business name: Karol Prudil - remini
reg.: at the District Office Bratislava under reg. no. 110-216681
Place of business: Legionárska 4404/2, 81107 Bratislava-Staré Mesto
VAT: 46773461
VAT NUMBER: 1074333425
VAT NUMBER: SK1074333425
email: remini@remini.sk
tel. no: +421907510141.
- A buyer is a person who purchases products or uses services, either as a consumer or a business.
- A consumer is a natural person who is not acting in the course of his business or profession in connection with a consumer contract, the obligations arising therefrom or a commercial practice.
- An entrepreneur is
- a person registered in the commercial register,
- a person who carries on business under a trade licence,
- a person who carries on business on the basis of a licence other than a trade licence pursuant to special regulations,
- a natural person who carries out agricultural production and is entered in the register pursuant to a special regulation.
- Goods are any tangible movable thing; for the purposes of these Complaints Regulations, goods are things sold by the trader.
- A thing is a good sold by a trader.
- A contract of sale is a contract concluded between the trader and the buyer through this online shop or by any other appropriate means as agreed in these terms and conditions.
- Online shop means the website located at www.remini.sk through which the parties may conclude a contract of sale.
- The supervisory authority is:
Slovak Trade Inspection (SOI) Inspectorate of SOI for the Bratislava Region
Prievozská 32,
P.O.Box 5
820 07 Bratislava 27 Supervision Department tel. no.: 02/58272 172, 02/58272 104 fax no.: 02/58272 170
Article III
Requirements for the item sold
- The trader undertakes that the item sold shall comply with the agreed and general requirements. This does not apply if the trader has advised the buyer that the item sold does not comply with the general requirements and the buyer has agreed to this.
- The item sold complies with the agreed requirements if, in particular
a) it corresponds to the description, type, quantity and quality defined in the contract,
b) it is suitable for a specific purpose, which the buyer has made known to the trader at the latest at the conclusion of the contract and which the trader has agreed to,
c) it is characterised by the ability to perform the functions defined in the contract with regard to its purpose,
d) it is characterised by other features defined in the contract,
e) is delivered with all the accessories defined in the contract,
f) is supplied with instructions for use as defined in the contract.
- the item sold complies with the general requirements if, in particular
a) it is suitable for all the purposes for which a thing of the same kind is normally used, taking account in particular of legal provisions, technical standards
b) it is supplied with the accessories, packaging and instructions which the buyer can reasonably expect, and
c) it is supplied in the quantity, quality and with the characteristics which are normal for a thing of the same kind and which the buyer can reasonably expect having regard to the nature of the thing sold.
- If the thing sold does not comply with these requirements, it is defective.
Article IV
Liability for defects
- The trader shall be liable for any defect in the item sold at the time of delivery which becomes apparent within two years of delivery.
- In the case of second-hand goods, the parties may agree on a shorter period of the trader's liability for defects than in paragraph 1, but not less than one year from the delivery of the goods.
- By agreement or unilateral declaration, the guarantor may also determine liability for defects according to stricter principles than those laid down by law. In that case, it shall issue a written confirmation to that effect.
- If the defect becomes apparent before the expiry of the period referred to in paragraph 1 or 2 of this Article, it shall be presumed that the defect was already present at the time of delivery. This shall not apply if the contrary is proved or if this presumption is incompatible with the nature of the object or the defect.
Article V
Exercise of the claim
- The buyer may exercise his rights under liability for defects only if he has brought the defect to the attention of the trader within two months of discovering the defect, but at the latest within two years of taking delivery of the goods, otherwise the right shall lapse.
- The buyer may claim the goods in any of the following ways:
a) in person at the trader,
b) by sending a notice to the trader's address,
c) by sending a notice by e-mail to remini@remini.sk.
- The Buyer may use the complaint protocol published on the Merchant's website.
- When claiming goods by e-mail, it is necessary to send photos or video so that the trader can assess the claim. If the merchant cannot assess the complaint on the basis of the sent documents alone, the merchant will invite the buyer to deliver the claimed goods.
- The trader shall immediately confirm to the buyer that the defect has been claimed by written notice, stating the time limit within which the defect shall be rectified. The time limit for rectification of the defect may not exceed 30 days from the date of its discovery, unless a longer period is justified by an objective reason beyond the trader's control. If the trader fails to settle the complaint within the specified period, the buyer may withdraw from the contract or demand a discount on the purchase price.
- The buyer is entitled to compensation for the costs reasonably incurred in connection with alleging a defect for which the trader is liable and the exercise of liability rights for the defect. However, this right must be exercised within two months at the latest, otherwise the right shall lapse.
- If the trader refuses liability for defects, he must notify the buyer in writing of the reasons for his refusal. The trader may reject the claim, for example, if the damage was caused by
a) normal wear and tear,
b) mechanical damage by the buyer,
c) the use of the goods in conditions which do not correspond to the temperature, humidity, chemical and mechanical influences of the environment,
d) unprofessional handling or neglect of the care of the goods,
e) excessive loading or use contrary to general principles,
f) the elements of nature or force majeure.
- If the buyer proves by an expert opinion or a professional opinion issued by an accredited person that the trader is liable for the defect, the buyer may claim the defect repeatedly and the seller may not refuse liability for the defect. The buyer must claim the costs of the expert opinion or expert report from the trader within two months, otherwise the right shall lapse.
- The buyer may refuse to pay the purchase price or any part thereof until the trader has fulfilled his obligations arising from liability for defects, unless the buyer is in default of payment of the purchase price or any part thereof at the time of the defect. The buyer shall pay the purchase price without undue delay after the trader has fulfilled his obligations.
Article VI
Claims arising out of a claim
- In the event of a justified complaint, the purchaser has the right to have the defect removed by repair or replacement, the right to a reasonable discount on the purchase price or the right to withdraw from the purchase contract.
Repair and replacement
- The buyer may choose to remove the defect by replacement or repair. However, he may not choose a method which is not possible or which would cause the trader disproportionate costs compared to the other method, taking into account all the circumstances. The trader may refuse to remedy the defect if repair or replacement is not possible or would involve disproportionate costs having regard to all the circumstances.
- The trader shall repair or replace the item 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 item and the purpose for which the buyer has requested the item. Reasonable time means the shortest time necessary for the purchaser to assess the defect and to repair or replace the item, taking into account the nature of the item and the nature and severity of the defect.
- For the purpose of repair or replacement, the buyer shall hand over or make available the item to the trader or a person designated by him. The costs of taking possession of the item shall be borne by the trader.
- The trader shall deliver the repaired item or replacement item to the buyer at his own expense in the same or similar manner in which the buyer delivered the defective item to him, unless the parties agree otherwise.
Discount on the purchase price and withdrawal from the contract
- The buyer has the right to a reasonable discount on the purchase price or may withdraw from the purchase contract without giving an additional reasonable period of time, if
a) the trader has not repaired or replaced the item,
b) the trader has refused to remedy the defect,
c) the item has the same defect despite the repair or replacement,
d) the defect is of such a serious nature as to justify an immediate reduction in the purchase price or withdrawal from the contract of sale; or
e) the trader has declared or it is apparent from the circumstances that he will not remedy the defect within a reasonable time or without causing serious inconvenience to the buyer.
- In assessing the buyer's right to a discount on the purchase price or to withdraw from the contract, all the circumstances, in particular the nature and value of the item, the nature and seriousness of the defect and the possibility of the buyer objectively being required to have confidence in the trader's ability to remedy the defect, shall be taken into account.
- The discount on the purchase price must be proportionate to the difference between the value of the thing sold and the value which the thing would have had if it had been free from defects.
- The buyer may not withdraw from the contract of sale pursuant to paragraph 8 if the buyer has contributed to 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 negligible shall be on the trader.
- If the subject of the contract was the purchase of several items, the buyer may withdraw only in relation to the defective item. In relation to the other items, he may only withdraw from the contract if he cannot reasonably be expected to have an interest in keeping the other items without the defective item.
- The buyer shall return the item to the trader at the trader's expense.
- The trader shall reimburse the purchase price to the buyer no later than 14 days from the date of return of the item or upon proof that the buyer has sent the item to the trader, whichever is the earlier. The purchase price or part thereof shall be refunded in the same manner as used by the buyer for payment, unless they agree on another method. All costs associated with the reimbursement shall be borne by the trader.
- The trader shall not be entitled to compensation for damage caused by normal wear and tear of the item and to remuneration for the normal use of the item prior to its replacement or return.
Article VII
Failure to accept a repaired item
- The buyer is obliged to take delivery of the repaired or replaced item within one month of its repair or replacement, otherwise he is obliged to pay the storage fee.
- If the buyer fails to take possession of the item within six months from the date on which he should have taken possession of it, the trader may sell the item.
- If the item is of greater value, the trader shall give the buyer advance notice of the intended sale and a reasonable additional period of time to take possession of the item.
- The trader shall, immediately after the sale, pay to the buyer the proceeds of the sale of the item after deducting the costs reasonably incurred by the trader in its custody and sale, if the buyer exercises the 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 item. The trader may destroy the item at his own expense if he has failed to sell it or if the anticipated proceeds of sale will not be sufficient to cover either the costs which the trader has reasonably incurred in keeping the item and the costs which the trader would necessarily have to incur in selling it.
Article VIII
Final provisions
- This Complaint Procedure is prepared by Lanikova Group, s.r.o. for the operator of the online shop www.remini.sk, and is protected under Act 185/2015 Coll., the Copyright Act, as amended. Without the author's consent, it is prohibited to use this copyright work in any way, in particular, but not exclusively, to copy, publish, change, modify, distribute and otherwise misuse it.
- This Complaints Procedure shall enter into force and effect on 1 July 2024.