Complaint’s procedure and warranty conditions

The Complaints Procedure regulates the rights and obligations of moiproduct, s.r.o., with its registered office at Hurbanova 7, 040 01 Košice - urban part Sever, ID No.: 55 652 913, registered in the Commercial Register maintained by the Municipal Court of Košice, Section: Sro, Entry No.: 57438/V (hereinafter referred to as the "Seller") and the Buyer in the exercise of rights under liability for defects, in particular the scope, conditions and method of exercising the rights under the defective performance or the warranty for quality provided by the Seller in connection with the conclusion of the purchase contract (hereinafter referred to as the "Complaints Procedure").

1. The Seller shall be liable for defects in the goods sold upon receipt by the Buyer. In the case of goods sold for a lower price, the seller shall not be liable for the defect for which the lower price was agreed. The seller is also liable for defects that occur after the goods have been taken over within the guarantee period (warranty).

2. Complaint handling is subject to the applicable Complaints Procedure. The Buyer has been duly acquainted with the Complaints Procedure and informed about the conditions and method of claiming goods, including information on where the claim can be made, and about the performance of warranty repairs in accordance with Section 18(1) of Act No. 250/2007 Coll. on Consumer Protection and on Amendments to Act of the Slovak National Council No. 372/1990 Coll. on offences, as amended (hereinafter referred to as the "Act") at the time before the conclusion of the purchase contract by placing these terms and conditions on the relevant sub-page of the Seller's e-shop and the Buyer had the opportunity to read them at the time before sending the order.

3. The Complaints Procedure applies to goods purchased by the Buyer from the Seller.

4. The Complaints Procedure in this form is valid for all commercial cases, unless other warranty conditions are contractually agreed.

5. The Buyer has the right to claim a warranty from the Seller only for goods that are defective, caused by the manufacturer, supplier or the Seller, are covered by warranty and were purchased from the Seller.

6. The Buyer is entitled to inspect the goods upon receipt of the goods. If he fails to do so, he may only claim for defects found during such inspection if he proves that the goods were already defective at the time of taking delivery of the goods.

7. During the warranty period, the customer has the right to have the defect rectified free of charge upon presentation of the goods to the seller's authorized representative together with the proof of acquisition, which serves as a warranty certificate, and preferably with the original packaging of the goods. In case of return of goods by post or courier, please do not send the goods on delivery. Cash on delivery is not accepted by the seller. If there is a defect in the goods which cannot be remedied and which prevents the goods from being properly used as a thing without defect, the buyer has the right to have the goods replaced or to withdraw from the contract of sale.

8. If the goods are defective, the customer has the right to make a claim at the Seller's premises in accordance with Section 18(2) of the Act by completing a form for replacement, refund or claim - and delivering it to the Seller. The Buyer is obliged to fill in the form accurately with all the required information. The complaint procedure begins on the day of delivery of the completed complaint form or the Buyer's letter describing the defect and the goods complained of to the Seller. The commencement of the complaint procedure is also the date on which the complaint is made.

9. The Seller is obliged to accept the complaint in its premises, in the presence of a person authorized to handle complaints.

10. The Buyer is obliged to claim defects in the goods from the Seller without undue delay, otherwise the Buyer's right against the Seller to have the defect rectified free of charge shall be extinguished.

11. The Seller shall issue the Buyer with a proof of receipt of the goods complaint.

12. The Seller shall decide on the complaint immediately, in complex cases within 3 working days. In justified cases, in particular if a complex technical assessment of the condition of the product is required, no later than 30 days from the date of the complaint. After the expiry of this period, the consumer has the right to withdraw from the contract or to have the product replaced by a new product. If the buyer has made a complaint within the first 12 months of the conclusion of the purchase contract, the seller may only reject the complaint on the basis of an expert's opinion or an opinion issued by an authorized, notified or accredited person or the opinion of a designated person (hereinafter referred to as 'expert assessment of the goods'). Irrespective of the outcome of the expert assessment, the Seller may not require the Buyer to pay the costs of the expert assessment of the Goods or any other costs related to the expert assessment of the Goods.

13. If the Buyer has made a claim for a product after 12 months from the conclusion of the contract of sale and the Seller has rejected it, the person who has settled the claim is obliged to indicate in the claim settlement document to whom the Buyer may send the goods for professional assessment. If the Buyer sends the goods to the person specified in the complaint document for expert assessment, the costs of the expert assessment of the goods as well as all other related costs reasonably incurred shall be borne by the Seller regardless of the outcome of the expert assessment. If the buyer proves the seller's liability for the claimed defect of the goods by the expert assessment, the buyer may reassert the claim; the warranty period shall not expire while the expert assessment is being carried out. The Seller is obliged to reimburse the Buyer within 14 days from the date of the reasserted claim for all costs incurred for the expert assessment of the goods as well as all related costs reasonably incurred. The reasserted claim cannot be rejected.

14. The warranty does not apply to defects of which the Buyer was aware at the time of the conclusion of the contract with the Seller or of which, taking into account the circumstances under which the contract of sale was concluded, the Buyer should have been aware.

15. The Seller reserves the right to replace the defective goods with other similar goods with comparable technical parameters upon mutual agreement.

16. The right to free warranty repairs shall be extinguished:

• Failure to present the complete goods, including accessories, proof of acquisition of the goods,
• failure to notify obvious defects on receipt of the goods,
• the expiry of the warranty period of the goods,
• mechanical damage to the goods caused by the purchaser,
• use of the goods in conditions which do not correspond to the natural environment in terms of their chemical and mechanical effects,
• unprofessional handling, operation or neglect of the goods,
• damage to the goods by excessive loading or use contrary to normal use of the goods,
• damage to the goods by unavoidable or unforeseeable events.

17. The Seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:
    • by handing over the repaired goods,
    • replacement of the goods,
    • by refunding the purchase price of the goods,
    • payment of a reasonable discount on the price of the goods,
    • a written invitation to take delivery of the goods in the event of an unjustified complaint,
    • a reasoned rejection of the complaint.
18. The buyer will be informed of the result of the complaint immediately after the end of the complaint procedure by phone and will also be delivered by e-mail or together with the goods a proof of the complaint.

19. The warranty period is 24 months from the date of receipt of the goods and the necessary documents related to the goods by the authorized person, unless a different warranty period is specified for specific cases.

20. The warranty period shall be extended by the period during which the buyer has been unable to use the goods due to warranty repair of the goods.

21. In the event of replacement of the goods with new goods, the Buyer shall receive a document indicating the replaced goods, and any further claims shall be made on the basis of the original delivery note and this claim document. In the event of replacement of the goods with new goods, the warranty period will start again from the receipt of the new goods, but only for the new goods.

22. In the case of a remediable defect, the claim will be handled as follows: the Seller will ensure that the defect is remedied or the Seller will replace the defective goods (the determination of the method of handling the claim is at the Seller's discretion and the Buyer cannot claim the determination of the handling of his claim).

23. If there is a defect that cannot be removed, or one repeatedly repeated removable defect, or a greater number of different removable defects, which prevent the goods from being properly used as without defect, the Seller shall settle the claim by replacing the goods with other functional goods, or by issuing a credit note for the defective goods. The right to exchange or to withdraw from the contract shall arise for the buyer only if the goods cannot be properly used as free from defects due to the irremediable defect. In the event of such defects, it will be up to the buyer to exercise the right to exchange the goods or the right of withdrawal. However, once the buyer has chosen one of these rights, he may no longer unilaterally change this choice himself, unless the right to exchange becomes impossible, e.g., because the seller no longer has an item that matches the original item in terms of make, type, design and other characteristics.

24. Complaint goods can be sent by post or courier, or the goods can be delivered in person. We do not accept COD shipments. We recommend to insure the sent goods.

Information on alternative dispute resolution

Dear buyer, in accordance with Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes, we hereby inform you that as a consumer you have the right to contact our company with a request for redress if you are not satisfied with the manner in which we have handled your complaint or if you believe that we have violated your rights.

Our company's identification and contact details are:

Business name: moiproduct, s.r.o.
Legal form: Limited liability company
Registered office: Hurbanova 7, 040 01 Košice - municipal district Sever
ID: 55 652 913
VAT: 2122048335
VAT ID: SK2122048335
Registered in: Entry in the Commercial Register of the District Court of Košice, sec. Sro, vl.č. 57438/V
Represented by: Mgr. art. Patrik Bujňák, Managing Director
Contact details:
Phone number:
e-mail:

If our company has rejected your request for redress or has not responded to it within 30 days from the date of sending it, you have the right to file a petition for alternative dispute resolution. The application for alternative dispute resolution (hereinafter referred to as the "application") must be submitted to the competent alternative dispute resolution body, which is the Slovak Trade Inspection Authority or other legal entities registered in the list of the Ministry of Economy of the Slovak Republic. As a consumer, you have the right to choose to which of them you submit the above-mentioned proposal. You can submit your application in paper form, electronically or orally in a record. You can use the form for filing the application, a specimen of which is attached and contains the statutory requirements.

An alternative dispute resolution platform through which consumers can submit a proposal to initiate alternative dispute resolution:

https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi

You are also entitled to use the online dispute resolution platform available at 

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, where you can fill in an online form to complain about a trader.

Alternative dispute resolution can only be used by consumers, i.e., natural persons who are not acting within the scope of their business, employment or profession when concluding and performing a consumer contract. Alternative dispute resolution applies only to a dispute between a consumer and a seller whose value exceeds EUR 20. The ADR entity may require you to pay a fee of up to EUR 5, including VAT, to initiate dispute resolution. The alternative dispute resolution procedure should result in an amicable agreement between the seller and the consumer to resolve their dispute amicably. However, even the binding nature of such an agreement does not prevent the parties from subsequently settling their dispute in court.

Valid from 10.04.2024