Alexander Marcus Group Ltd
Racianska 9705/96, 831 02 Bratislava, Slovak Republic
Business ID: 50 860 682
TAX ID: 2120533184
VAT registration number: SK2120533184
Tel. Contact: +421 949 44 86 83
E-mail: firstname.lastname@example.org or email@example.com
In order to ensure a prompt and correct procedure for handling Complaints and for the purpose of properly informing the Buyer about the conditions and method of claiming the Goods delivered by the Seller to the Buyer, the Seller issues these Complaints Procedure (hereinafter referred to as the "Complaints Procedure").
This Complaints Procedure is particularly valid in relation to Buyers who are natural persons - Consumers within the meaning of applicable law. In the case of Buyers who are Entrepreneurs, the Complaints Procedure shall be subject to the Complaint Procedure as appropriate, to the following extent:
Article II. points 2.1, 2.5, 2.6 and 2.7 of these Complaints Rules;
Article III. of these Complaints Rules;
Article V of this Complaint Procedure;
Article VII. hereof.
The Complaints Procedure Code governs all legal relations between the Seller and the Buyer in a general manner in the application and processing of the Buyer's Complaint regarding the quality, defects, and defects of the Goods. The Complaints Procedure is an integral part of the GTC and the Contract.
For the purposes of this Complaint Procedure, a Complaint shall mean a written submission of the Buyer which includes a request by the Buyer for quality inspection, defects or other deficiencies in relation to the Goods under this Complaint Procedure and the relevant legislation (hereinafter referred to as “Complaint”). The Buyer is entitled to claim in the event of defects or defects exclusively on the Goods delivered to him by the Seller.
The Seller's liability towards the Buyer, as well as the rights of liability for defects to the Buyer in the case of the Buyer-Consumer, shall be governed by the relevant legislation of the Slovak Republic, in particular, the relevant provisions of the Civil Code, Consumer Protection Act, Consumer Protection Act, and other generally binding legal regulations.
The Seller's liability towards the Buyer, as well as the rights of liability for defects, which the Buyer is entitled to in the case of the Buyer - Entrepreneur, shall be governed by the relevant legislation of the Slovak Republic, in particular the relevant provisions of the Commercial Code and other generally binding legal regulations.
II. LIABILITY FOR DEFECTS
The Seller shall be liable to the Buyer for defects that the Goods have when the Buyer accepts the Goods. In the case of goods sold for a lower-Price, the Seller is not responsible for the defect for which a lower-Price was agreed. In cases subject to perishable goods, the Seller shall be liable only for defects that the Goods have when the Buyer accepts the Goods.
If the defect is Removable, the Buyer has the right to require
(i) such defect to be removed free of charge, in a timely and orderly manner, or
(ii) replacement of the Goods or, if the defect concerns only a part of the Goods, the Seller shall not incur disproportionate costs with respect to the Price of the Goods or the severity of the defect. Instead of removing the defect, the Seller is entitled to replace the defective Goods for faultless goods, unless this causes the Buyer serious difficulties.
If it is a defect of the Goods that cannot be removed and that prevents the Goods from being properly used as the Goods without defects, the Buyer has the right (i) to exchange the item or has the right (ii) to withdraw from the Contract. The Buyer shall have the same rights in the case of removable defects, but if the Buyer is unable to re-establish the defect after repair (re-occurring after defect means defects that occurred after at least two previous repairs of the same defect) or greater number of defects (if at the time of claiming the Goods has at least two different removable defects) Use the Goods properly. In the case of irremovable defects that do not prevent the proper use of the Goods, the Buyer is entitled to a reasonable discount from the Goods Price.
The Buyer is entitled to decide which of the respective rights from the liability for defects, and the Buyer is obliged to notify the Seller of the claim together with the claim or without undue delay after the claim so that the Seller can determine the method of handling the claim.
The Seller shall not be liable for defects in the Goods that
(i) arose from improper use, care, storage, care, maintenance, maintenance, intervention by the Buyer, or mechanical damage to the Goods;
(ii) are caused by normal wear and tear of the Goods as a result of the normal use of the Goods, as a result of natural changes in the material, (v) resulting from the nature of the Goods, whose service life (function) is limited to a shorter period of use,
(iii) used Goods for defects caused by its use or wear,
(vi) caused by the Buyer himself, caused by unauthorized and unprofessional interference,
(vii) caused by force majeure (natural phenomena, floods), hail, etc.),
(viii) if the Goods are placed in public areas, or
(ix) if the Goods are destroyed by chemicals that interfere with the finish of the Goods.
The Seller shall not be liable to the Buyer for natural aging and wear of the Goods.
If the Purchase of Goods also includes instructions for maintenance of the individual Goods, and the Buyer fails to observe these instructions, he is not entitled to claim claims from defects in the Goods.
III. METHOD OF APPLICATION OF COMPLAINTS
The Seller undertakes to package the goods properly and safely.
In order to check the condition of the Goods, the Buyer is obliged to check the condition, physical integrity and completeness of the Goods consignment immediately after receipt of the delivered Goods. If it is found that the packaging of the packaging or the Goods has been damaged, or the unauthorized opening of the shipment is suspected, the Buyer is obliged not to accept the shipment from the carrier. Otherwise, any Claims for the quantity and physical violation of the Goods will not be accepted. The Buyer shall confirm the completeness, undamaged condition and acceptance of the Goods upon receipt of the Goods by signing the Delivery Note and/or the Delivery Note and/or the Acceptance Protocol.
The Buyer is entitled to make a Claim in writing by completing and signing the form Complain Protocol available on the Seller's Website and sending it in one of the following ways:
Scan by electronic means (e-mail) to firstname.lastname@example.org or
in writing to Račianska 96, 831 02 Bratislava, Slovakia
The claim must be qualified, i. z The complaint must be clear who submits it, which is claimed and must be lodged without delay within the time limit according to Article IV. hereof.
Together with the Complaint, the Buyer is obliged to present to the Seller proof of purchase and payment of the Goods.
In the Complaint, the Buyer shall state in particular its identification data and a detailed description of the claimed fact (justification of the Complaint). In its own interest, the Buyer is obliged to attach to the Complaint all documents proving the facts claimed by him, whereas the period for settling the Complaint shall commence only from the date when all the claimed facts have been proved to the Seller and proof of the Buyer is necessary and termination of the Complaint Procedure
If the goods are not perishable, the Seller is responsible for any defects that occur after the Goods have been received within the warranty period (hereinafter referred to as the “Warranty”).
The Buyer is obliged to file a Complaint immediately without undue delay after finding out the claimed fact. If there is a defect on the purchased product (Goods), the Buyer has the right to claim the defect for non-compliance with the Contract during the warranty period of the product (Goods). The warranty period is 36 months unless the valid legislation of the Slovak Republic provides for a shorter warranty period for certain types of goods.
The warranty period commences from the date of receipt of the Goods by the Buyer. If the Goods consist of several parts that are delivered sequentially, the period starts to run from the date of receipt of the last delivery of the Goods by the Buyer.
If a period of use is marked on the Goods being sold or on its packaging, the warranty period shall not expire before the expiry of this period.
The warranty applies exclusively to defects found during the warranty period and caused by material defects, defective construction or incorrect processing. The warranty also covers hidden defects on the Goods.
At the Buyer's request, the Seller shall provide the Guarantee in writing (warranty letter). If the nature of the matter so permits, it is sufficient to issue proof of purchase of the Goods instead of the warranty.
The rights arising from liability for defects in the Goods for which the warranty period is valid shall lapse if they have not been exercised within the warranty period.
V. COMPLAINTS PROCEDURE
In the case of claiming by means of long-distance communication (ie not personally), the Seller shall deliver to the Buyer a confirmation of claiming without delay; if it is not possible to deliver such confirmation of the claim immediately, it shall be delivered without undue delay, however at the latest together with the proof of the claim; confirmation of the claim may not be delivered if the Buyer has the possibility to prove the claim in another way.
The Buyer is obliged to provide the Seller with the necessary cooperation necessary for handling the Complaint. The Buyer is obliged to deliver the claimed Goods to the Seller, as far as possible, clean, unused, undamaged, in the original packaging, including a warranty card, invoice or other proof of payment to the Seller, together with the Gift received by the Buyer together with the Goods. to the claim.
Complaints of the Buyer's Consumer Goods will be handled immediately, in complicated cases no later than 3 (three) Business Days from the date of claim, in justified cases, especially if a complex technical assessment of the condition of the product (Goods) is required, no later than 30 (thirty) days from the date of claim. The Seller shall issue to the Buyer a written proof of claim settlement within 30 (thirty) days from the date of claim. The Seller will keep the Buyer informed about the complaint procedure.
Claims of Buyer's Goods that are Entrepreneurs will be settled within 60 (sixty) Days. The Seller shall issue to the Buyer a written proof of the Complaint Handling no later than 60 (sixty) days from the date of the Complaint. The Seller will keep the Buyer informed about the complaint procedure.
VI. METHOD OF EQUIPMENT OF COMPLAINTS
Complaint handling means termination of the complaint procedure in one of the following ways:
(i) handing over the repaired product (Goods), b) replacing the product (Goods), c) returning the Product Price (Goods), d) paying a reasonable discount from the Product Price (Goods), e) a written call for acceptance of the performance (replaced product, repaired product, money), or f) reasoned rejection of the Complaint.
The Buyer has the right to reimbursement of reasonably incurred costs associated with the reasoned and proper application of the Complaint, this right must be exercised by the Seller no later than 1 (one) month from the date of completion of the Complaint, otherwise, the right expires.
The Buyer who is a natural person - the Consumer has the right to contact the Seller with a request for remedy sent to the Seller's registered address or the e-mail address email@example.com if he is not satisfied with the way the Seller settled his Complaint or it considers that the Seller has otherwise violated its rights. If the Seller responds negatively to the request for redress or fails to respond within 30 (thirty) days of the date of dispatch, the Buyer has the right to contact the ADR entity in accordance with the relevant provisions of the Alternative Dispute Resolution Act to protect its consumer rights. to reach an agreement on the settlement of the dispute by a legal procedure. Alternative dispute resolution shall not apply to disputes with a quantifiable value not exceeding EUR 20,00. Alternative dispute resolution only concerns a dispute between the Buyer-Consumer and the Seller resulting from the Consumer Contract - Contract or related to the Consumer Contract - Contract. The subject of ADR is:
Slovak Trade Inspection
Department for International Relations and Alternative Dispute Resolution
registered office: Prievozská 32, p.p. 29, 827 99 Bratislava 27, Slovak Republic
email: firstname.lastname@example.org, email@example.com
more detailed information is available at https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi, or a relevant authorized legal entity registered in the list of entities of alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (the list is available on the Internet page https://www.mhsr.sk/obchod/spotrebitella/alternativne- solvenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativne- solvenia-spotrebitelskych-sporov-1). In the case of a Contract concluded electronically, the Buyer may use the online dispute resolution platform available at http://ec.europa.eu/consumers/... for alternative dispute resolution. All other rights and obligations of the Seller and the Buyer in relation to alternative dispute resolution are governed by the provisions of the Alternative Dispute Resolution Act.
VII. COMPLAINING OF THE BUYER - BUSINESS
In the case of Buyers who are Entrepreneurs, the special conditions set forth in these Complaints Procedure shall apply to the complaint procedure.
The Seller shall not be liable for defects in the Goods which the Buyer knew at the time of entering into the Agreement or, having regard to the circumstances in which the Agreement was concluded, had to know, except that the defects relate to the characteristics of the Goods which the Goods were supposed to have under the Agreement.
Claims concerning such damage to the Goods, which was not apparent at the takeover of the Goods, the Buyer is obliged to make a claim against the Seller immediately upon receipt of the Goods, but no later than within 24 hours of delivery of the Goods. Claims from later discovered and claimed defects of such damaged Goods shall be available to the Buyer who is the Entrepreneur only if he proves that the claimed defects had the Goods already at the time of its acceptance from the carrier.
The Purchaser is entitled to request:
(i) removal of defects by delivery of a replacement Goods for defective Goods,
(ii) delivery of missing goods, or
(iii) removal of defects by repairing the Goods, if the defects are removable unless otherwise agreed by the Parties.
If the contract is breached by the Seller in a material way and the Seller fails to remedy the defects of the Goods within a reasonable additional period provided by the Buyer for this purpose, or if the Buyer announces before the expiration that the defects are not remedied, the Buyer may withdraw. The Buyer may not withdraw from the contract if he has not notified the Seller of the defects in due time.
The warranty period for individual products (Goods) is 24 months. For the avoidance of any doubt, the warranty period of 24 months applies exclusively to the Buyer who is the ultimate purchaser of the Goods from the Seller (Seller's Customer). For the Buyer, who further disposes of the Goods and provides them for sale to third parties, a special warranty period of 12 months for individual products (Goods) is provided.
The warranty period commences from the date of receipt of the Goods by the Buyer. If the Goods consist of several parts, which are delivered sequentially, the period starts to run from the date of receipt of the last delivery of the Goods by the Buyer.
Complaint handling means the termination of the complaint procedure in one of the following ways:
(i) handing over the repaired product (Goods),
(ii) delivering the missing Goods,
(iii) replacing the product (Goods) unless this is disproportionate to the nature of the defect. the defect concerns only a part of the Goods, the Buyer may only require replacement of such a part, or
(iv) by the reasoned rejection of the Claim.
The cost of claiming (eg postage, shipping) is borne by the Buyer.