COMPLAINTS PROCEDURE

of

RPL, spol. s r. o. business company, Za riekou Nitrou 1490, Partizánske, ID No.: 31 422 284

(hereinafter referred to as „the Seller“)

This complaints procedure is issued in accordance with the Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as the „Civil Code“), the Act No. 250/2007 Coll. on consumer protection and on changes and amendments to the Act No. 372/1990 Coll. of the Slovak National Council on misdemeanours, as amended (hereinafter referred to as the „Consumer Protection Act“), as well as other generally binding legal regulations of the Slovak Republic.

This complaints procedure regulates the manner in which liability claims for defects in goods purchased from the Seller under a consumer contract may be asserted. A consumer is a natural person who, when concluding and performing a consumer contract, is not acting within the scope of his or her business, occupation or profession.

Legal relations concluded between the Seller on the one hand and a natural person acting within the scope of his/her business activity when concluding and performing a contract with the Seller or a legal person are subject to the legal regulation of liability for defects contained in the Act No. 513/1991 Coll., the Commercial Code, as amended. 

Article 1

            THE RIGHT OF THE BUYER TO CLAIM FOR DEFECTIVE GOODS 

The Seller is responsible for the fact that the goods sold are free from defects and of the required quality.

If the sold item does not conform to the purchase contract upon receipt by the Buyer, or if a defect occurs in the purchased goods, the Buyer may, during the warranty period, assert his/her right of liability for defects in the goods against the Seller. The Seller is liable for defects that the sold item has upon receipt by the Buyer.

A change in the characteristics of the goods that has occurred during the warranty period as a result of wear and tear or improper use, insufficient or improper care or as a result of any other improper intervention or damage by the Buyer or a third party may not be considered a defect.

In the case of items sold at a lower price, the Seller shall not be liable for the defect for which the lower price was agreed.

If the Buyer claims the right of liability for defects of the sold item (hereinafter referred to as „the complaint“), the head of the store or the employee authorized by him is obliged to decide on the justification of the complaint immediately, in more complex cases within 3 working days. This time does not include the time required for a professional assessment of the defect.

 A complaint is considered to be duly made if the goods complained of are complete and the complaint is not prevented by general principles of hygiene. The Buyer is obliged to present the claimed goods cleaned and hygienically sound, otherwise the Seller is entitled to refuse to accept the goods.

A staff member who is responsible for handling complaints must be present in the shop at all times during operating hours. In the case of a complaint sent to the complaints department, the responsible employee is obliged to decide on the justification of the complaint immediately, in more complex cases within 3 working days from the date of receipt of the complaint. In such a case, the customer will be informed of the decision regarding the validity of the complaint by phone via sms message but electronically.

The complaint, including the elimination of the defect, must be settled:

-          without undue delay but at the latest within 30 days from the date of filing

The Seller is obliged to issue the Buyer a confirmation of when the right of liability for defects was exercised, as well as of the repair and the duration of the repair. After the expiry of the period for settlement of the complaint the Buyer shall have the same rights as if it were a defect that cannot be remedied according to Article 6 of this complaints procedure.

Article 2

THE PLACE TO MAKE A COMPLAINT

The Buyer should make / file a complaint at the shop where the goods were purchased. However, the Buyer has the right to make a complaint:

1.         in any other outlet / shop belonging to the Seller in which filing of complaint is possible, taking into account the range of goods sold

2.         at the Seller´s place of business or registered office.

The Buyer shall make the complaint in person or by mail. If you will be sending the claimed goods to the address of the company's registered office, please fill in and enclose this claim form.

The Buyer is obliged to prove that his entitlement for settlement of the complaint is justified, i.e., in addition to the defects, he must also supply the place, the price of the goods and the time of purchase of the goods, which he proves with a sales document.

Article 3

PERIOD FOR MAKING A COMPLAINT

The Seller shall be liable for the fact that the sold item is in conformity with the purchase contract upon receipt by the Buyer, as well as for defects that occur after the Buyer has received the item within the warranty period. The period for submitting a complaint (warranty period) is 24 months and begins on the date of receipt of the goods in the shop or, in the case of delivery of the goods, the date of delivery of the goods by the carrier. At the Buyer´s request, the Seller is obliged to issue the Buyer with a warranty certificate at the time of sale, indicating the scope and conditions of the warranty. If the nature of the item so permits, only the proof of purchase of the item shall be sufficient instead of the warranty certificate. The Buyer´s right to claim the goods shall be extinguished if it has not been exercised within the warranty period.

The Buyer shall claim the goods without undue delay as soon as the defect is discovered so that the complaint can be properly assessed and handled. As soon as the Buyer discovers a defect in the item taken over, he is obliged to store the item and not to use it until the complaint has been made, in order to prevent more significant damage to the item, e.g. so that a repairable defect becomes an irreparable defect.

The warranty period is not to be confused with the period of normal service life, i.e. the period of time during which, with proper use and care, the goods can last, given their characteristics, the purpose for which they are used and the variation in intensity of use.

The period from the exercise of the right of liability for defects until the time when the Buyer was obliged to take over the item after the repair was completed is not included in the warranty period. If the complaint is settled by replacing the defective goods with new ones, the period for claiming shall run again from the moment the Buyer takes delivery of the new goods.

 The customer is not entitled to an automatic refund of money for the complaint!

Article 4

CONFLICT WITH THE PURCHASE CONTRACT

By transferring the item to the Buyer for consideration, the Seller is liable for the fact that the item is of ordinary quality at the time of performance. If the goods are not in conformity with the purchase contract upon receipt by the Buyer, the Buyer has the right to have the Seller restore the goods to a condition corresponding to the purchase contract by repairing or replacing them free of charge, without undue delay, unless the Seller incurs disproportionate costs in relation to the price of the goods or the seriousness of the defect. If such a procedure is not possible, the Buyer may demand a reasonable discount on the price of the goods or withdraw from the contract. However, this does not apply if the Buyer was aware of the conflict with the purchase contract before taking delivery of the goods or if the Buyer himself caused the conflict with the purchase contract.

Article 5

REMEDIABLE DEFECTS

Defects shall be deemed to be remediable if their removal does not impair the appearance, function and quality of the products and the repair can be duly carried out within the agreed time limit. The Buyer shall have the right to have the Seller restore the goods to a condition corresponding to the purchase contract by repairing them free of charge, without undue delay and in a proper manner, unless the Seller incurs disproportionate costs in relation to the price of the goods or the seriousness of the defect.

The Seller may always replace the defective goods with faultless goods instead of removing the defect, if this does not cause serious inconvenience to the Buyer.

In the event of a remediable defect, the Buyer has the right to replace the goods or to withdraw from the purchase contract if:

-          the complaint has not been settled within 30 days from the date of its submission and no other agreement has been reached

-          the Buyer cannot use the goods properly due to the recurrence of the repairable defect after the repair or due to a greater number of repairable defects.

A recurrence of a fault after repair is when the same fault, which has already been rectified at least twice during the warranty period, occurs again. The goods suffer from a greater number of defects if they have at least three defects that can be rectified at the same time at the time the complaint is made.

Article 6

IRREMOVABLE DEFECTS

Irremovablee defects are defects that cannot be remedied within the agreed period of time and that prevent the product from being used properly and in the agreed manner. In this case, the Buyer is entitled to seek remedy in one of the following ways :

1.         by replacing the goods with other faultless goods,

2.         by withdrawal from the purchase contract,

3.         if the goods are so irremediably defective that they do not prevent their use and the Buyer does not request the replacement of the goods, the Buyer shall be entitled to a reasonable discount on the price of the goods.

Article 7

GOODS SOLD AT LOWER PRICES

Products that have defects (defective new or used products) that do not prevent them from being used properly for their intended purpose must only be sold at lower prices. The Buyer must be made aware that the product is defective and what the defect is, unless this is obvious from the nature of the sale. The Seller shall not be liable for such defects in new or used products for which a lower price has been agreed. If there is a hidden defect in a product sold at a lower price which prevents it from being used for its intended purpose from a functional point of view, the Buyer shall have the right to claim the product in accordance with Articles 3, 4, 5 and 6 of this Complaints procedure. If there is another irremediable defect in the product sold at a lower price, but which does not prevent the product from being used for its intended purpose, the Buyer shall be entitled to a reasonable discount on the price of the product.

For used items the warranty period may be reduced to 12 months, provided that the Seller and the Buyer so agree. The Seller is obliged to indicate the length of such warranty period in the purchase document.

If the price of the goods has been reduced due to a sale or post-seasonal ale and if it is a sale of new and faultless goods, the Seller shall be liable for defects in the goods so sold to the full extent.

Article 8

DISPUTE SETTLEMENT

In disputes arising in the context of complaints management, the court shall decide.

Article 9

ALTERNATIVE DISPUTE RESOLUTION

Pursuant to the Act 391/2015 Coll., the Buyer as a consumer has the right to file a petition to initiate an alternative dispute resolution. The procedure for such a procedure is described below:

The consumer has the right to contact the Seller with a request for remedy (by sending an email to info@robel.sk) if he is not satisfied with the way his complaint has been handled by the Seller or if he believes that the Seller has otherwise violated his rights. If the Seller rejects the request or does not respond to the request within 30 days of sending it, the consumer has the right to bring an action for alternative dispute resolution. Pursuant to the Act No. 391/2015 Coll. the alternative dispute resolution entities (hereinafter referred to as ADR entities) are the authorities and authorised legal entities pursuant to Section 3 of the Act No. 391/2015 Coll. The Buyer as a consumer may file the petition / motion in the manner specified under Section 12 of the Act No. 391/2015 Coll., the possibility to apply to the court is not affected.

The consumer is also entitled to submit a petition / motion via the RSO alternative dispute resolution platform, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm.

Only a consumer, which is understood to mean a natural person who is not acting within the scope of his or her business, employment or profession when concluding and performing a consumer contract, is entitled to use this method of dispute resolution. Alternative dispute resolution applies only to a dispute between a consumer and a Seller arising out of or in connection with a consumer contract. The Seller does not have the right to file a petition / motion.

Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20,-. The ADR entity may require the consumer to pay a fee for the initiation of ADR, but up to a maximum of EUR 5,- including VAT.

This complaints procedure shall enter into force on:  12.05.2016

Jozef Robel

CEO

RPL, spol. s r. o.