Complaints procedure

Seller's specification: MR Trading s.r.o., Business Register of the District Court Bratislava I , section S.r.o., vl. no. 133457/B , ID: 52 100 120, VAT number: 2120906799, registered office: Na Grunte 1, 831 52 Bratislava, SR, manager:

Email: info@greenware.sk

Phone: 0903 52 92 98

Contact address: Na Grunta 1, 831 52 Bratislava, SR

Supervisory authority : SOI Inspectorate for the Bratislava region, Prievozská 32, PO BOX 5, 820 07 Bratislava 27

  1. This complaint procedure follows and complements the General Terms and Conditions, which regulate the sale of goods through the e-shop on the website and describes the cooperation between the seller and the buyer with regard to possible defects in the goods, their application and claims arising from them. The mentioned provisions do not apply to the buyer, who is not a consumer but a person who purchases goods for the purpose of business and not for the purpose of personal consumption of natural persons; liability for product defects in this case is governed by the provisions of §422 et seq. Commercial Code. A buyer is any natural or legal person who filled out and sent an order via the seller's website, received (email) notification of order acceptance and paid the purchase price. A buyer is also any person who placed an order by phone or by sending an email and confirmed acceptance of the seller's price offer by email and also confirmed familiarity with these General Terms and Conditions.
  2. A consumer is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession. For the purposes of these terms and conditions, it is also stated that the consumer is a natural person - a non-entrepreneur . By amending Act no. 250/2007 Coll. on consumer protection, effective as of 01.05.2014, legal entities that purchase products or use services for personal use or for the needs of members of their household were excluded from the definition of consumer. A consumer is not a company customer , i.e. a customer who buys goods for a company (specifies ID number, VAT number or VAT number when ordering). Corporate customers are also not entitled to return goods without giving a reason or withdraw from the contract within 14 days. The relationship between such a customer and the seller is not governed by the Civil Code, but by the Commercial Code. Consumers are also not natural persons who purchase goods for the performance of their profession.
  3. The seller recommends that the buyer familiarize himself with the complaint procedure and general terms and conditions before ordering the goods. By ordering goods from the seller, he confirms his familiarity with the content of the mentioned complaint procedure and general business conditions.
  4. The seller handles consumer complaints in accordance with the laws of the Slovak Republic, especially Act No. 250/2007 Coll. as amended, the Civil Code of the Slovak Republic and applicable legal regulations.
  • Before the purchase, the seller informs about the seller's responsibility for product defects (according to § 622 - 624 of the Civil Code), about the procedure for applying and processing claims, complaints and suggestions, about where he can apply the claim, especially if the place for processing the claim is different from the seat of your business or place of business, and for the performance of warranty repairs (authorized services, etc.).
  1. As proof of purchase, the seller issues a purchase document (invoice) for each purchased item. If a separate warranty certificate is not issued, the corresponding purchase document (hereinafter referred to as the "warranty certificate") serves as the warranty certificate.
  2. Warranty period for consumers: For all goods purchased on the basis of civil relations, the warranty period in accordance with the laws of the Slovak Republic is 24 months by default, if the laws of the Slovak Republic do not establish a shorter period for certain types of goods. If the period for use is marked on the sold item, its packaging or the instructions attached to it, the warranty period does not end before the expiry of this period. The warranty period starts from the day the consumer receives the goods. The seller can extend the statutory period. The length of the extended warranty period is always indicated on the warranty certificate. Unless another warranty period is indicated in the warranty certificate, the period of 24 months applies. The warranty period consists of the statutory period (24 months) and possibly an extended period.

Within the statutory warranty period, complaints are governed by the Civil Code No. 40/1964 Coll. § 619-627, taking into account this complaint procedure. (In the case of an extended period, complaints are governed exclusively by this procedure.)

  1. Warranty period for a used item: If it is a used item, the buyer and seller can also agree on a shorter warranty period, but not shorter than 12 months. For goods sold at a lower price due to an error or incompleteness, the warranty does not apply to errors due to which the lower price was agreed upon.
  2. Warranty period for corporate customers : For all goods purchased by corporate customers, on the basis of a business relationship, (in the sense of the Commercial Code), the warranty period referred to as "quality guarantee" is set by the seller for 12 months (in words: twelve months). The buyer's rights from liability for product defects, for which the warranty period applies, will expire if they are not exercised within the warranty period.
  3. Warranty conditions: The seller is responsible for ensuring that the goods are of the specified quality, quantity, measure and weight when sold. The goods must be free of defects and must comply with applicable technical standards. The seller is responsible for defects that the sold goods have when they are taken over by the buyer and for defects that occur after taking over the goods during the warranty period.
  4. Warranty exclusions:
  • the warranty does not cover defects caused by improper use of the goods or due to force majeure, natural events, etc. nor for any damages incurred as a result.
  • the warranty does not cover defects caused by poor handling, unprofessional or unreasonable handling, use and installation that are contrary to the user manual.
  • the warranty also does not cover damage caused by:
    • mechanical damage to the goods,
    • using goods in inappropriate conditions,
    • the goods were damaged by excessive loading or contrary to the conditions stated in the documentation or general principles,
    • performing unqualified interventions or changing parameters.
  • it is also not possible to claim goods for the same reason for which their price was reduced.
  1. The time from the exercise of the right from liability for defects to the time when the buyer was obliged to take over the item is not included in the warranty period. If the goods are exchanged, the warranty period starts again from the receipt of the new goods. If, when purchasing goods, the seller offers the customer additional goods free of charge as a gift to the sold goods, it is up to the customer whether he accepts the offered gift. However, the gift is not a sold item, therefore the seller is not responsible for its possible defects. If the customer has the right to withdraw from the purchase contract (refund), the customer is obliged to return to the seller everything he received, i.e. also the goods received as a gift.
  2. The consumer can make a complaint at any of the seller's establishments, where receiving a complaint is possible with regard to the products sold or services provided, or at the specified person who is obliged to process the complaint. If the nature of the product allows it, the consumer will hand over the product to the seller (designated person) when making a claim. If the nature of the product does not allow the product to be delivered to the seller (designated person), the consumer may request the removal of the defect at the place where the product is located or agree with the seller (designated person) on the method of transporting the product.

Claims can be made:

  • by post at the address: Na pažiti 273/8, Svätý Jur 90021, Slovak Republic (it is necessary to prove that the product was purchased from the seller and that it is still under warranty. It is not stipulated by law what document should be used to prove this. The seller recommends e.g. proof of purchase or warranty card).
  1. Before making a claim, the seller recommends (does not condition) that the buyer contacts the seller by phone or electronically, who will inform him again about all the essential details of the claim, the possibilities of making a claim and the procedure for handling the claim:
  1. The seller hereby informs the buyer that in case of a claim, it is possible to use the claim form, which is available on the seller's website. In order for the consumer to be able to claim a defect in the purchased product, it is enough to prove that the product was purchased from a specific seller and that it is still under warranty. It is not stipulated by law what kind of document should prove it. The Civil Code states (§ 620) that, if the nature of the matter allows it, it is sufficient to issue a proof of purchase instead of a warranty certificate, but at the request of the buyer, the seller is obliged to provide a written guarantee (warranty certificate). It follows from the above that, if the seller does not provide other (more detailed) information about the product than on the purchase receipt, nor does he provide a longer warranty than the legal one, the requirement of both the purchase receipt and the warranty certificate when claiming a product defect is in certain cases in duplicate - in case the warranty is applied at the seller - not in the warranty service. If the consumer asserts the right to repair a defect or replace a defective product with a non-defective one, a proof of purchase from ERP is not required. The seller cannot refuse to accept a complaint from the consumer if the consumer can prove that the defective product was purchased from the seller and is within the warranty period.
  2. Warranty period during the processing of the claim: the warranty period does not expire during the processing of the claim. After processing a valid claim, the warranty period is extended by the duration of the claim. In the event of an unauthorized complaint, the warranty period is not extended. If the complaint was settled with an exchange, the next possible complaint is considered the first complaint of the goods.
  3. Warranty for the exchanged item: the new warranty period applies from the day of receipt of the new item.
  4. Complaint information:
  • If it is a defect that can be removed, the consumer has the right to have it removed free of charge, in a timely manner and properly. The seller is obliged to remove the defect without undue delay.
  • Instead of removing the defect, the consumer may request the replacement of the item, or if the defect concerns only a part of the item, the replacement of the part, if this does not result in unreasonable costs for the seller considering the price of the goods or the severity of the defect.
  • The seller can always replace the defective item with a non-defective one instead of removing the defect, if this does not cause serious difficulties for the buyer.
  • If it is a defect that cannot be removed and which prevents the item from being properly used as a defect-free item, the consumer has the right to exchange the item or withdraw from the contract.
  • The same rights belong to the consumer if the defects can be removed, but if the consumer cannot properly use the item due to the reappearance of the defect after repair or due to a larger number of defects.
  • If there are other irreparable defects, the consumer has the right to a reasonable discount on the price of the item.
  • If the item sold at a lower price or the used item has a defect for which the seller is responsible, the consumer has the right to a reasonable discount instead of the right to exchange the item. If it is an irreparable defect, but which does not prevent the proper use of the goods, the consumer has the right to a reasonable discount on the price of the product.
  • If the consumer has the right to exchange goods or the right to withdraw from the contract (refund), it depends on the buyer which of these rights he exercises. However, as soon as he chooses one of these rights, he cannot unilaterally change this choice.
  • If the consumer files a complaint, the seller or an employee authorized by him or a designated person is obliged to inform the consumer about his rights as stated above.
  1. Determining the method of handling the complaint : Based on the consumer's decision, which of the rights the consumer applies, the seller is obliged to determine the method of handling the complaint:
  • immediately
  • in complex cases, no later than 3 working days from the day the claim is made
  • in justified cases, especially if a complex technical evaluation of the condition of the goods or service is required, no later than 30 days from the date of application of the claim.
  1. In accordance with the provisions of § 18 par. 4 of the Consumer Protection Act, the seller is obliged to handle the complaint within 30 calendar days, regardless of how the consumer bought the goods.
  2. Claim handling is considered to be: According to § 2 letter m) of the Act on Consumer Protection, processing of a complaint means the completion of the complaint procedure by handing over the repaired product, exchanging the product, returning the purchase price of the product, paying an appropriate discount on the product price, a written request to take over performance or its justified rejection. According to § 122 par. 1 of the Civil Code, the period determined by days begins on the day that follows the event that is decisive for its beginning. After the expiry of the deadline for processing the complaint, the consumer has the right to withdraw from the purchase contract or has the right to exchange the goods for new goods.
  3. Complaint within 12 months of purchase: If the consumer made a complaint about the goods within the first 12 months of purchase, the seller can handle the complaint by rejecting it only on the basis of a professional assessment; regardless of the result of the expert assessment, the consumer cannot be required to pay the costs of the expert assessment or other costs related to the expert assessment. the seller is obliged to provide the consumer with a copy of the expert assessment justifying the rejection of the claim no later than 14 days from the day the claim was processed.
  4. Complaint after 12 months from the purchase: If the consumer made a complaint about the product after 12 months and the seller rejected it, he is obliged to indicate in the complaint handling document to whom the consumer can send the product for expert assessment (forensic expert, authorized person, designated person). If the expert opinion is in favor of the consumer, he can apply the claim again; a renewed claim cannot be rejected. The costs of the expert assessment as well as all other related costs incurred for the purpose shall be borne by the seller. The seller is obliged to reimburse the consumer within 14 days from the date of re-application of the complaint all costs incurred for the expert assessment, as well as all other related costs.
  5. Costs of expert assessment: If the consumer sends the goods for expert assessment to a designated person, the costs of the expert assessment, as well as all other related costs, are always borne by the seller, i.e. during the entire warranty period, regardless of the result of the expert assessment. However, if the goods are sent for expert assessment to a person other than the designated person, i.e. to an expert or an authorized, notified or accredited person, the costs of the expert assessment, as well as all other related costs incurred for the purpose, the seller is obliged to reimburse the consumer only if the expert assessment proves the seller's responsibility for the claimed defect, within 14 days from the date of re-application of the claim.
  6. The expert assessment must include:
  • identification of the person performing the expert assessment,
  • exact identification of the assessed product (for example, serial or production number),
  • description of the product condition,
  • assessment result,
  • the date of the expert assessment.
  1. Expert assessment can only be performed by:
  • expert according to Act no. 382/2004 Coll. Law on experts, interpreters and translators.
  • authorized, notified or accredited person - according to § 11 par. 1, § 2 par. 1 letter f) and § 22 par. 4 of Act no. 264/1999 and § 15 of Act no. 90/1998 Coll
  • authorized service (a person authorized by the manufacturer to carry out warranty repairs).
  1. The seller is obliged to issue a confirmation to the customer when making a claim. This confirmation is a copy of the complaint protocol. In addition to the seller's and consumer's contact details, this confirmation should include a description of the defect and whether the consumer requires repair, replacement, withdrawal from the contract or a discount from the purchase price, depending on the nature of the defect, as well as the date of application of the claim. If the complaint is made via means of remote communication, e.g. by telephone, the seller is obliged to deliver the confirmation of the complaint to the consumer as soon as possible, but at the latest together with the document of the complaint. Confirmation of the application of the complaint does not have to be delivered if the consumer has the opportunity to prove the application of the complaint in another way, e.g. by e-mail. The seller is obliged to issue a written document about the handling of the claim no later than 30 days from the date of application of the claim. This written document is a copy of the complaint protocol with a filled-in complaint handling box, a letter containing a written notification about the complaint handling, or an SMS or e-mail message containing information about the complaint handling with a written confirmation of its sending.
  2. Cooperation of the buyer: The consumer is obliged to provide the seller, or authorized service, without delay any cooperation to verify the existence of the claimed defect and its removal (including the corresponding necessary testing or dismantling of the goods). The consumer is also obliged to deliver the goods clean in proper packaging in accordance with hygiene regulations or general hygiene principles, including all its parts and accessories, enabling such verification and removal of the defect. The consumer is obliged to receive the goods from the warranty repair within one month at the latest from the notification of its execution.
  3. The provision of any law does not impose an obligation on the seller to provide replacement goods to the consumer, during the time the complaint is processed.
  4. Complaint in the case of a corporate customer: in the case of a complaint by a corporate customer (not a consumer) - such a relationship is then not governed by the Consumer Protection Act or the Civil Code, but by the Commercial Code. (according to provisions 411-441 of the Commercial Code )
  5. The seller informs the buyer about the supervisory authority, which is: Slovak Trade Inspection. The Slovak Trade Inspection, as an internal market control body, does not examine the validity of complaints, but only whether all legal conditions relating to the complaint, arising from the Consumer Protection Act, have been met. Other supervisory authorities, depending on the goods or services offered through the online store, may also be:
  • State Veterinary and Food Administration
  • Regional Office of Public Health

 

Information about online alternative dispute resolution (ADR) for e-shop

  1. The seller hereby also informs customers (consumers) that on February 1, 2016, Act No. 391/2015 Coll. on alternative resolution of consumer disputes and amendments to some laws. The goal of this law is to create a new option for consumers to resolve their dispute with the seller quickly, efficiently, less formally and above all free of charge, or with only minimal costs. It is about reaching an amicable solution, or agreement between the consumer and the seller on the resolution of the dispute, which becomes a binding legal basis after both parties agree to its wording. The authority for alternative dispute resolution under the law is the Office for the Regulation of Network Industries, the Office for the Regulation of Electronic Communications and Postal Services and the Slovak Trade Inspection. In addition, the Slovak Trade Inspection is in the position of the so-called of a residual entity, which means that it will be authorized to resolve even disputes in which the competence of other bodies is not determined, except for disputes arising from contracts for the provision of financial services. According to §11 of the Act 391/2015 on the alternative resolution of consumer disputes and the amendment of certain laws, the consumer has the right to contact the seller with a request for redress if he is not satisfied with the way in which the seller handled his claim or if he believes that the seller has violated his rights. In the event of a dispute with the seller, the consumer has the right, after using all options to resolve the dispute, to turn to the subject of alternative dispute resolution, whose the value will be higher than €20 . The legislation applies not only to disputes "domestic" but also for "cross-border" disputes, ie disputes between foreign consumers and sellers on the territory of the Slovak Republic. The subject of alternative dispute resolution shall terminate the dispute within 90 days from the date of its initiation, while notifying the petitioner of the extension of the deadline by 30 days (even repeatedly). 
  2. If the consumer is not satisfied with the way the seller handled his complaint or otherwise violated his rights, in that case he has the opportunity to submit a proposal to the relevant entity. This does not exclude the possibility of resolving your dispute through court. In order to ensure the smooth progress of dispute resolution, the law requires mandatory cooperation from the seller .
  3. Body for alternative dispute resolution :

Slovak Trade Inspection, Central Inspectorate, Department for International Relations and Alternative Resolution of Consumer Disputes, Prievozská 32, pp 29, 827 99 Bratislava 27, Slovak Republic.

website: http://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi

email: ars@soi.sk , addr@soi.sk

  1. The proposal can be submitted by the consumer in the manner specified under §12 of Act 391/2015 Coll. on the alternative resolution of consumer disputes and on the amendment of certain laws, also electronically via the online dispute resolution platform (RSO) on the website: http://ec.europa.eu /consumers/odr/index_en.htm

Alternative dispute resolution is reserved exclusively for consumers - natural persons, not shopping entrepreneurs. The resolution of the dispute takes place between the consumer and the seller who have concluded a distance contract and whose dispute has a value higher than €20. The seller hereby also informs consumers about the possibility of individually submitting requests, proposals, suggestions and attempts to prevent disputes electronically to the email address: info@greenware.sk

The wording of the complaints procedure is effective from December 17, 2018