when making a complaint with seller who is entrepreneur Karol Prudil
- This return policy regulates the making of a complaint and a procedure for handling complaints.
- This return policy constitutes and integral part of the seller's business terms and conditions.
- This return policy applies to goods purchased by a purchasing consumer from the seller:
Business name: Karol Prudil
Registration: Bratislava District Office, reg. No. 110-216681
Registered office: Pluhová 931/45, 834 03 Bratislava
Company ID: 46 773 461
Tax ID: 1074333425
VAT No: he is not a VAT payer
tel.: +421 907 51 01 41
- The goods purchased from the seller can be claimed in 2 cases:
a) A complaint within warranty period
b) A complaint about quantity, type, price, etc.
Liability for defects
- The seller is liable to the buyer for the fact that the goods sold are in conformity with purchase contract, in particular that the goods are free from defects. Conformity with the purchase contract means that the goods sold have the quality and performance stated by the seller, or the quality and performance usual for a thing of this kind, that the goods meet legal requirements and purpose stated by the seller in relation to the use of the goods or for which the goods are normally used.
- Legislation of the seller's liability for defects is governed by §620 et seq. of the Civil Code.
- The seller is liable for defects that the sold thing has at the time it is taken over by the buyer. As to things being sold at a lower price, he is not liable for defect for which the lower price was negotiated.
- If the goods are not perishable or used, the seller is liable for defects that occur after the takeover of a thing within warranty period (warranty). The warranty period is 24 months.
- The warranty period starts from the takeover of the thing by the buyer.
- VI. At the buyer's request, the seller is obligated to provide a written guarantee (warranty card). Where the nature of the thing permits, it is sufficient to issue a proof of purchase instead of the warranty card.
- The warranty card is a proof of purchase - an invoice, which also serves as a delivery note.
- The warranty does not cover damage caused by:
- mechanical damage to the goods,
- the use of the goods under conditions which temperature, humidity, chemical and mechanical influences of the environment do not correspond
- unprofessional handling or failure to take care of the goods,
- excessive load or utilisation contrary to general principles,
- natural elements or force majeure.
Making a complaint
- The buyer can make a complaint by completing a claim form or by writing a complaint that he shall send by post to the seller's registered office, to the following address - Pluhová 931/45, 834 03 Bratislava or by electronic mail to firstname.lastname@example.org.
- In his complaint, the buyer shall also indicate the following information:
- the buyer`s identification,
- electronic order number,
- description of the goods that the buyer wishes to return/exchange, indicating code, colour, size, quantity and price,
- description of the defect,
- name and number of the buyer`s bank account and bank code,
- date and the buyer`s signature.
- When making a complaint, the buyer shall send to the above address, together with the defective goods, a completed claim form or a written complain, a tax document proving the purchase of the goods or a warranty card, if issued (hereinafter referred to as the “required documents”).
- If the buyer fails to deliver the required documents together with the goods he wishes to complain about, the seller shall ask the buyer to deliver the required documents additionally.
- The seller reserves the right not to accept the goods sent by the buyer in the form of cash on delivery.
- When returning the goods, the goods must be packed in a way that will prevent damage. Damage to the goods during transport may result in the complaint not being accepted.
Claims from complaint made
- The seller is liable for defects that the sold thing has at the time it is taken over by the buyer. The buyer has the right to make claims for defective goods during warranty period.
- If the defect is removable, the buyer has the right to require that the defect is removed free of charge and in a timely and properly manner. The seller is obligated to remove the defect without undue delay. Instead of removing the defect, the buyer can require replacement of the thing or, if the defect relates only to a part of the thing, replacement of the part, as long as the seller incurs disproportionate costs with respect to the price of the goods or the severity of the defect. Instead of removing the defect the seller always can replace the defective thing with a defect-free thing, unless this causes serious difficulties to the buyer.
- If it is a defect that cannot be remedied and that prevents the thing from being properly used as a defect-free thing, the buyer has the right to exchange the thing or has the right to withdraw from the contract. The same rights belong to the buyer in the case of removable defects, but if the buyer can not properly use the thing due to the recurrence of the defect after repair or for a larger number of defects. In the case of other irremovable defects, the buyer is entitled to a reasonable discount on the price of the thing.
Handling a complaint
- If a complaint is made by means of long-distance communication, the seller is obligated to deliver a confirmation of receipt (making) of the complaint immediately to the buyer; if the confirmation cannot be delivered immediately, it must be delivered without undue delay, however at the latest together with a proof of complaint handling; the confirmation of the claim need not be delivered if the buyer has the opportunity to prove the claim otherwise.
- The seller is obligated to determine a method of handling the complaint immediately, in complicated cases no later than 3 working days from the date of the complaint, in justified cases, especially if a complex technical assessment of the condition of the product or service is required, no later than within 30 days of the making of the complaint. Once the method of handling the complaint has been determined, the complaint shall be processed immediately; in justified cases, the complaint may be processed later; however, the processing of the complaint must not last longer than 30 days of the date of the making of the complaint. After the expiry of the time limit for the handling of complaint, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new one.
- If the consumer made a complaint about a product within the first 12 months of purchase, the seller can only refuse the complaint on the basis of expert judgement; irrespective of the outcome of the expert judgement, the consumer may not be required to pay the expert judgement costs or any other related costs. The seller is obligated to provide the consumer with a copy of the expert judgement justifying the rejection of the complaint not later than within 14 days of the date the complaint was processed. This is without prejudice to the seller's obligation under paragraph 9.
- If the consumer made a complaint about the product after 12 months of purchase and the seller rejected it, the person who handled the claim is obligated to indicate, in a proof of the complaint, to whom the consumer can send the product for expert judgement. If the product is sent for the expert judgement to a designated person, the expert judgement costs, as well as all other related costs, shall be borne by the seller, regardless of the outcome of the expert judgement. If the consumer proves the seller's liability for the defect using the expert judgement, he can make a complaint again; the warranty period does not run during the expert judgement. The seller is obligated to reimburse the consumer, within 14 days of the date of the repeated complaint, all the costs spent for the expert judgement, as well as all related costs reasonably incurred. The repeated complaint cannot be rejected.
- Period from the exercise of the right from liability for defects until the end of the complaint procedure is not included in the warranty period. In the case of replacement of a thing for a new one, a new warranty period begins upon its receipt.
- The Seller is obligated to issue a written document on the complaint handling within 30 days of the date of the complaint was made at the latest.
- The buyer has the right to the reimbursement of costs (especially postage) incurred in connection with the exercise of legitimate rights arising from liability for defects and which were actually and purposively incurred.
- I. This return policy has been prepared by a law firm Lanikova Group, s.r.o. for the operator of on-line shop www.remini.sk, while it is protected under Act No. 618/2003 Coll., the Copyright Act, as amended. It is prohibited to use this copyright work, in any way, especially, but not limited to, copying, publishing, modifying, distributing or otherwise misusing this work without the author's consent.
- II. Legal relationships between the seller and the buyer, which are not governed by this return policy, are governed by the relevant provisions of the relevant legislation.
- III. Making claims for defects of the goods on the part of the purchasing entrepreneur is governed by the relevant provisions of the Commercial Code.
- IV. This return policy enters into force and effect on 1 November 2016.