1. Introductory provisions:
1.1. The company EUROPALT, spol. s r.o., register seated: Tehla 117, 935 3, Id. No.: 34 118 641, registered in Business register of the District court, section: Sro, Insert No.: 1174/N (hereinafter referred to as the „seller“), operates an online shop at https://www.ekotoi.com/eu/de (hereinafter referred to as the „online shop“).
1.2. The seller issues these complaint rules in accordance with the relevant provisions of Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act no. 372/1990 Coll. on offenses as amended (hereinafter referred to as the „Act on consumer protection“), the Act no. 102/2014 Coll. on consumer protection in the sale of goods or services provision on the basis of a contract concluded at a distance or a contract concluded outside the seller premises and on the amendment of certain laws (hereinafter referred to as the „Act on consumer protection in the sale of goods on the basis of a contract concluded at a distance “), whereas the seller informs by such Return policy consumers (hereinafter referred to as „customer“ or „purchaser“) on terms and conditions and on the methods of complaint, the application procedures and dealing of complaints, purchaser proposals and suggestions, including information on where the complaint can be made and on the performance of warranty repairs related to goods purchased in the online shop.
2. Liability for defects in sold goods and warranty period
2.1. The seller is liable for defects that the sold goods have when is taken over by the customer and for defects that occur after taking over the goods during the warranty period.
2.2. The warranty period shall start from the date of goods receipt by the purchaser.
2.3. The period between the enforcement of the right of the liability for defects and the re-acceptance of the goods by the purchaser is not part of the warranty period. In the case the goods are exchanged, a new warranty period begins from the date of new goods is receipt by the purchaser.
2.4. In the event the subject of the purchase contract is used goods, the seller is not liable for defects caused by its use or wear. In the case of goods sold at a lower price, the seller is not liable for the defect for which a lower price was agreed. The seller is also not responsible for defects in the goods, which the customer was notified when concluding the purchase contract.
2.5. The warranty period is 24 months. If the subject of the purchase contract is used goods, the seller and the customer may agree on a shorter warranty period, but not less than 12 months.
2.6. The rights from liability for the goods defects, for which the warranty period is set forth, cease to exist at the end of the warranty period in the case of non – enforcement during the warranty period.
3. Enforcement of the right from the liability for the goods defects by the purchaser
3.1. A change in goods characteristics is not considered as the defects of the goods in case it occurred during the warranty period
a. due to its wear and tear, misuse, insufficient or inappropriate treatment,
b. due to natural changes in the materials from which the goods are made,
c. due to any damage caused by the customer or a third party or other improper intervention.
3.2. In the event that the customer complains the goods in connection with a remediable defect, he/she has the right to: free, timely and proper removal of the claimed defect, or exchange the goods or it parts in the case of disproportionate costs incurred to the seller considering the price or severity of the defect; the customer cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects.
3.3. The purchaser is entitled to reimbursement of the necessary costs incurred in connection with the enforcement of the right of liability for defects. The seller is obliged to issue a confirmation, a copy of the complaint protocol. In the case the customer has lodged a complaint by means of long-distance communication, the seller is obliged to deliver the confirmation of the complaint to the customer without undue delay by e-mail.
3.4. Instead of eliminating the defect, the purchaser may request the exchange of goods or if the defect concerns only a part of the goods, the replacement of this part only in the case of disproportionate costs incurred to the seller considering the price of the goods or the severity of the defect. The seller can always replace the defective goods with perfect ones instead of eliminating the defect, in the case no serious difficulties are caused to the purchaser.
3.5. In the case of the non-eliminating defects which preclude goods from being properly used as defect-free goods, the purchaser has a right to exchange the goods or to withdraw from purchase contract.
3.6. The customer has the right to exchange the goods or the right to withdraw from the purchase contract even if it is a remediable defect, but only if the purchaser cannot properly use the goods due to the recurrence of the defect after repair. A recurrence of a defect after a repair is considered if the same defect occurs a third time after at least two previous repairs.
3.7. The purchaser has the right to exchange the goods or the right to withdraw from the purchase contract even if the defects are remediable, but if the purchaser cannot use the goods properly as a result of a larger number of defects. At least three different remediable defects are considered to be a large number of defects at the same time, each of which preclude the proper use of goods.
3.8. If the seller does not deal the complaint within 30 days, the customer has the same rights as if it were an irremediable defect, i.e. the right to exchange the goods or withdraw from the purchase contract and thus a refund of the paid purchase price. The period of 30 days begins at the date of goods delivery to the seller for a dealing of the complaint; however, in case of possibility to deal a complain and repair the goods remotely (by means of long-distance communication), then such period begins from the date of notification of the complaint to the seller. Based on the defect notification, the seller will assess whether it is necessary to deliver goods for repair or whether it is possible to eliminate the defect at remotely.
3.9. In the case of irremediable defect which does not preclude the proper use of the goods, the customer is entitled to ask a reasonable discount on the product price.
3.10. In the case of demand on the method of complaint dealing by the customer:
a. before the expiration of the 30-day period, the seller is entitled to inform the customer about the method of dealing the complaint;
b. after the expiration of the 30-day period, the seller is obliged to inform the customer about the method of handling the complaint and the reason why the complaint was not resolved in time.
3.11. In the case of the purchaser obligation to take over the claimed goods regardless of the method of dealing the complaint from the seller or the seller in accordance with the provisions of this Return policy or applicable law to invite the purchaser for takin over the goods, the purchaser is obliged to take over the goods from the seller without undue delay, but no later than within 30 days; or the customer is obliged to give written consent to the ecological disposal of the claimed goods. With such consent, the customer is released from the obligation to take over the claimed goods, at the expense of the seller.
3.12. If the purchaser does not take over the goods within 30 days from the date of on which the obligation to take over the goods arose or does not give written consent to its ecological disposal from the day of invitation delivery, the goods not taken over is considered to be the subject of the contract on the deposit of the thing in accordance with the provisions of § 516 of Act no. 513/1991 Coll. et seq. Of the Commercial Code as amended (hereinafter the “Commercial Code”) and the relations between the seller and the purchaser regarding the goods are governed by the abovementioned provisions of the Commercial Code and other applicable legislation, where the seller acts as a guardian and the customer as a depositor.
3.13. In the event that the purchaser does not take over the goods even on the basis of a written request within the period specified in the previous point, the seller is entitled to charge the purchaser a flat-rate compensation for costs of _8,-_ EUR for each day of storage.
3.14. In the event that the purchaser does not take over the goods within 6 months from the invitation, the seller may sell the goods on behalf of the purchaser. The seller must notify the purchaser of such procedure in advance and give him a reasonable period of time to take over the goods. The seller is entitled to cover the costs and expenses incurred and is obliged to pay the remaining part of the price to the purchaser without undue delay.
4. Procedure of dealing the complaints
4.1. While enforcing the right from the defects liability the customer is obliged:
a. submit proof of purchase, or in another way without doubts to prove that the goods were purchased from the seller,
b. ensure that the goods meet all other conditions for warranty claims stated in the guarantee certificate (e. g: physically undamaged, undamaged by natural disasters),
c. deliver the goods to the authorized employee or business partner of the seller,
d. to provide co-operation in filling in the complaint protocol and to agree with its content by signing.
4.2. In the case of enforcing the complaint by the customer, the seller or an employee authorized by the seller is obliged to inform the customer of rights arising from claims for liability for defects in the warranty period under the Civil Code and based on the purchaser decision of these rights, the seller or authorized employee (or agreed business partner) determinate method of dealing the complaint immediately, in complicated cases no later than 2 (two) weeks from the date of the complaint, in justified cases, especially if a complicated technical assessment of the goods condition is required, no later than 30 days from the date of the complaint.
4.3. After the method of dealing the complaint is been determined, the complaint will be settled immediately, in justified cases the complaint can be settled posterior. However, the settlement of the complaint may not take longer than 30 days from the date of the complaint. Subsequently the period for dealing the complaint expired, the purchaser has the right to withdraw from the purchase contract or has the right to exchange the goods for new ones.
4.4. For the purposes of these Return policy, the dealing of a complaint is considered to be terminated
a. by returning the repaired goods,
b. by exchange of goods,
c. by returning the purchase price of the goods after withdrawal from the purchase contract,
d. by paying a reasonable discount on the goods price,
e. by a written request to take over the goods, or
f. by reasoned refusal.
4.5. The seller will issue a confirmation on the dealing of the complaint, which will contain, in particular, the identification of the seller and the purchaser, what was the content of the complaint, what method of dealing the complaint was requested, date and place of receipt of the complaint and signature of the seller.
4.6. In the case that while the dealing of the complaint was found that the goods had defects for which the seller is not responsible and the seller rejected the complaint, the seller may inform the purchaser of the repair costs. The purchaser is entitled to decide whether the goods will be repaired by the seller on purchaser’s expenses or the purchaser will take over the goods from seller on his own expenses. In the event of the purchaser’s decision to repair the goods by the seller, the seller will issue an advance invoice. The purchaser is obliged to pay the advance invoice. The seller will proceed to the repair of the goods after the payment of the advance invoice.
5. Alternative dispute resolution
5.1. The customer has the right to request the seller for reparation if the customer is not satisfied with the seller method of the dealing the complaint or if the consumer assumes that the seller has violated his rights.
5.2. The customer has the right to file a proposal to initiate ADR of the ADR entity in the case that the seller has responded to the request under paragraph 5.1 in the negative or has not responded to it within 30 days from the date of its dispatch.
5.3. The proposal is submitted to the relevant ADR entity; the possibility to file an action to court is not affected hereby. In the case of more than one ADR entity is competent for ADR, the purchaser has the right to choose which one to submit a proposal to.
5.4. The relevant subject for alternative resolution of consumer disputes with the seller is the Slovak Trade Inspection or another relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/); without prejudice to the possibility of having recourse to a court.
5.5. Alternative dispute resolution as well as the legal requirements of the proposal are regulated in Act no. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on amendments to certain law.
6.1. The seller is entitled to mediate the goods repair to the seller through the agreed business partners, within the deadlines, methods and prices determined by such partner.
6.2. The seller will inform the purchaser without undue delay as soon as possible he will receive such information from an authorized business partner.
7. Final provisions
7.1. The Return policy forms an inseparable part of the General Terms and Conditions of the Seller, while it is in accordance with the provisions of § 18 par. 1 of the Consumer Protection Act placed in a visible place accessible to the customer, namely the website of the online shop.
7.2. The seller is entitled to change the wording of Return policy any time, and the new Return policy will take effect upon its publication.
7.3. By concluding a purchase contract through the seller’s online shop, the Return policy become part of the contractual documentation between the customer and the seller. In the event of a conflict between the General Terms and Conditions and the Return policy, the Return policy has a priority in the event of complaints.
7.4. The Return policy, including the provided warranty, does not apply to the goods or claims for defects in goods that have been purchased on the online shop by any person who, for the purposes of the Consumer Protection Act or for the purposes of the Consumer Protection Act on the basis of a distance purchase contract, it is not considered a consumer. The rights and obligations arising from the enforcement of claims for defects in goods, as well as the procedure and manner of settling the enforced claims for defects in goods, in the case under the previous sentence, are governed by the relevant provisions of Act no. 513/1991 Coll. Commercial Code as amended and possibly other related regulations governing the status and enforcement of claims for defects in goods between business entities.