Complaints Procedure

(hereinafter referred to as the “Seller” or “Merchant”) and any person who is the Buyer of products offered by the Seller on the Seller’s Website, and who acts in the position of a consumer within the meaning of other provisions of these General Terms and Conditions and relevant laws defining a consumer, within the framework of the valid legislation of the Slovak Republic, in particular the laws: Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended, Act No., Act No. 40/1964 Coll. Civil Code, as amended, with the exception specified in point 4.4. of these Complaints Procedures, which governs the legal relationship between the Trader and the Buyer, who does not act in the position of a consumer.

1.2.Email contact and telephone contact for the Seller is:

Email: [email protected]

Tel. No.: 0940350526

1.3Address for sending documents, complaints, withdrawal from contracts is:

Mária Lazarová, Žitavany, Žitavská 175/17, 95197, Slovak Republic

II. Basic provisions

2.1. These complaints procedures govern the legal relations between Buyers who are consumers and the Trader.

III. Exercise of the right to liability for defects

3.1. The Buyer may exercise the right to liability for defects only if he has notified the Seller of the defect without undue delay, no later than 24 months from the date of receipt of the item. If he does not notify the defect within this period, the right to liability for defects shall lapse.

IV. Liability for defects

4.1. The seller is liable for any defect that the sold item has at the time of its delivery and that becomes apparent within two years of the delivery of the item.

4.2. If the subject of the purchase is an item with digital elements, in which digital content is to be delivered or a digital service is to be provided continuously during the agreed period, the seller is liable for any defect in the digital content or digital service that occurs or becomes apparent during the entire agreed period, but at least for two years from the delivery of the item with digital elements.

4.3. In the case of a used item, the parties may agree on a shorter period of the seller's liability for defects than in paragraphs 4.1 and 4.2, but not shorter than one year from the delivery of the item.

4.4. The Seller is liable for any defect that the sold item has at the time of its delivery to the Buyer, and which becomes apparent within 6 months of delivery of the item, in the event that the Buyer does not act in the capacity of a consumer.

V. Rights from liability for defects

5.1. If the Seller is liable for a defect in the sold item, the Buyer has the right to have the defect removed by repair or replacement, the right to an appropriate discount on the purchase price or the right to withdraw from the purchase contract

5.2. The Buyer may refuse to pay the purchase price or part thereof until the Seller has fulfilled its obligations arising from liability for defects, unless the Buyer is in default with the payment of the purchase price or part thereof at the time the defect is pointed out. The Buyer shall pay the purchase price without undue delay after the Seller has fulfilled its obligations.

5.3. The buyer may exercise rights arising from liability for defects, including the right under point 5.2., only if he has complained about the defect within two months of discovering the defect, at the latest by the expiry of the period under points 4.1 to 4.3 of these Complaints Procedure.

5.4. The exercise of rights arising from liability for defects does not exclude the buyer's right to compensation for damage caused by the defect.

VI. Complaints about the defect

6.1. The defect may be reported at any of the Seller's establishments, at another person of whom the Seller has notified the Buyer before concluding the contract or before sending the order, or by means of distance communication at the address of the Seller's registered office or place of business or at another address of which the Seller has notified the Buyer upon concluding the contract or after concluding the contract.

6.2. If the Buyer has reported the defect by postal mail, which the Seller has refused to accept, the shipment shall be deemed to have been delivered on the date of refusal.

6.3. The Seller shall provide the Buyer with a written confirmation of the defect immediately after the Buyer has pointed out the defect. In the confirmation of the defect, the Seller shall state the period within which the defect shall be removed in accordance with Section 507, paragraph 1, of Act No. 40/1964 Coll. of the Civil Code, as amended. The period notified in accordance with the previous sentence may not be longer than 30 days from the date of pointing out the defect, unless a longer period is justified by an objective reason that the Seller cannot influence.

6.4. If the seller refuses liability for defects, he shall notify the buyer of the reasons for the refusal in writing. If the buyer proves the seller's liability for the defect by means of an expert opinion or a professional opinion issued by an accredited person, an authorized person or a notified person, he may repeatedly point out the defect and the seller may not refuse liability for the defect; repeated pointing out of a defect is not subject to Section 621, paragraph 3, of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended. The consumer's costs associated with the expert opinion and professional opinion are subject to Section 509, paragraph 2, of Act No. 40/1964 Coll., the Civil Code, as amended.

6.5. If, before concluding the contract or, if the contract is concluded on the basis of the buyer's order, before sending the order, the seller has informed the buyer that the defects can also be attributed to another person, the act or omission of this person shall be considered, for the purposes of liability for defects, to be the act or omission of the seller.

VII. Elimination of the defect

7.1. The Buyer has the right to choose to have the defect removed by replacing the item or repairing the item. The Buyer may not choose a method of removing the defect that is not possible or that would cause the Seller disproportionate costs compared to the other method of removing the defect, taking into account all the circumstances, in particular the value that the item would have without the defect, the severity of the defect and whether the other method of removing the defect would cause the Buyer significant difficulties.

7.2. The Seller may refuse to remove the defect if repair or replacement is not possible or if it would require unreasonable costs having regard to all the circumstances, including the circumstances under point 7.1. second sentence.

7.3. The Seller shall repair or replace the item within a reasonable period after the Buyer has pointed out the defect, free of charge, at its own expense and without causing serious inconvenience to the Buyer, having regard to the nature of the item and the purpose for which the Buyer requested the item.

7.4. For the purposes of repair or replacement, the buyer shall hand over or make the item available to the seller or a person pursuant to Section 622, paragraph 5 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended. The costs of taking over the item shall be borne by the seller.

7.5. The seller shall deliver the repaired item or the replacement item to the buyer at his own expense in the same or similar manner as the buyer delivered the defective item, unless the parties agree otherwise. If the buyer does not take over the item within six months of the date on which he was supposed to take over it, the seller may sell the item. If the item is of greater value, the seller shall notify the buyer of the intended sale in advance and grant him a reasonable additional period for taking over the item. The seller shall immediately pay the buyer the proceeds from the sale of the item after deducting the costs reasonably incurred for its storage and sale, if the buyer exercises his right to a share of the proceeds within a reasonable period specified by the seller in the notice of the intended sale of the item. The seller may destroy the item at his own expense if it has not been sold or if the expected proceeds from the sale are not sufficient to cover the costs that the seller has reasonably incurred in storing the item and the costs that the seller would necessarily have to incur in selling it.

7.6. When eliminating a defect, the Seller shall ensure the removal of the item and the installation of a repaired item or a replacement item, if the replacement or repair requires the removal of a defective item that was installed in accordance with its nature and purpose before the defect became apparent. The Seller and the Buyer may agree that the removal of the item and the installation of the repaired or replacement item shall be ensured by the Buyer at the Seller's expense and risk.

7.7. When eliminating a defect by replacing the item, the seller is not entitled to compensation for damage caused by normal wear and tear of the item and to compensation for normal use of the item before its replacement.

7.8. The seller is liable for defects in the replacement item pursuant to Section 619 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended.

7.9. The buyer has the right to a reasonable discount on the purchase price or may withdraw from the purchase contract even without providing an additional reasonable period of time pursuant to Section 517, paragraph 1, of Act No. 40/1964 Coll., the Civil Code, as amended, if

a) the seller has not repaired or replaced the item,

b) the seller has not repaired or replaced the item in accordance with Section 623, paragraphs 4 and 6 of Act No. 108/2024 Coll., on consumer protection and on amendments and supplements to certain acts, as amended,

c) the seller has refused to remove the defect pursuant to Section 623, paragraph 2 of Act No. 108/2024 Coll., as amended. on consumer protection and on amendments and supplements to certain laws, as amended,

d) the item has the same defect despite repair or replacement of the item,

e) the defect is of such a serious nature that it justifies an immediate discount on the purchase price or withdrawal from the purchase contract, or

f) the seller has declared or it is obvious from the circumstances that he will not remove the defect within a reasonable time or without causing serious difficulties for the buyer.

7.10. The discount on the purchase price must be proportionate to the difference between the value of the item sold and the value that the item would have if it were free of defects.

7.11. The buyer may not withdraw from the purchase contract pursuant to point 7.9. if the buyer participated in the occurrence of the defect or if the defect is negligible. The burden of proof that the buyer participated in the occurrence of the defect and that the defect is negligible shall be borne by the seller.

7.12. If the contract concerns the purchase of several items, the buyer may withdraw from it only in relation to the defective item. In relation to other items, he may withdraw from the contract only if it cannot be reasonably expected that he will be interested in keeping the other items without the defective item.

7.13. After withdrawing from the contract or part thereof, the buyer shall return the item to the seller at the seller's expense. The seller shall ensure the removal of the item that was installed in accordance with its nature and purpose before the defect became apparent. If the seller fails to remove the item within a reasonable period of time, the buyer may ensure the removal and delivery of the item to the seller at the seller's expense and risk.

7.14. After withdrawing from the contract, the seller shall refund the purchase price to the buyer no later than 14 days from the date of return of the item to the seller or upon proof that the buyer sent the item to the seller, whichever occurs first.

7.15. The Seller shall refund the purchase price to the Buyer or pay him a discount on the purchase price in the same way as the Buyer used to pay the purchase price, unless the Buyer expressly agrees to another method of payment. All costs associated with the payment shall be borne by the Seller.

7.16. The Seller shall not be entitled to compensation for damage caused by normal wear and tear of the item and to compensation for normal use of the item before withdrawal from the purchase contract.

VIII. Liability for defects in digital performance

8.1. The trader is liable for any defect that the digital performance has at the time of its delivery and that becomes apparent within two years of its delivery, if it is a digital performance that is delivered one-off or as a set of individual performances.

8.2. The trader shall remove the defect in the digital performance within a reasonable period of time after the consumer has pointed out the defect, free of charge and without causing serious inconvenience to the consumer, taking into account the nature of the digital performance and the purpose for which the consumer requested the digital performance.

8.3. The trader may refuse to remove the defect if removal is not possible or if it would cause him disproportionate costs, taking into account all the circumstances, in particular the value that the digital performance would have without the defect and the severity of the defect.

IX. Liability for defects in the service

9.1. The Contractor is liable for defects that the item has when it is taken over by the Customer.

9.2. If the defect becomes apparent within 24 months of the date on which the Customer should have taken over the item, it is assumed that it is a defect that the item already had at the time of takeover. This does not apply if the opposite is proven or if this assumption is incompatible with the nature of the item or defect.”.

X. Final Provisions

10.1.This Complaints Procedure forms an integral part of the General Terms and Conditions and the Principles and Instructions on the Protection of Personal Data of this Website. The documents – General Terms and Conditions and the Principles and Instructions on the Protection of Personal Data of this Website are published on the domain of the Seller’s Website.

10.2.This Complaints Procedure is valid and effective from the moment of its publication on the Seller’s Website on 23.5.2025