Complaint Regulations
1. General provisions
Handling of complaints is governed by the applicable Complaints Procedure in accordance with the provisions of Act No. 250/2007 Coll. on Consumer Protection and amending Act No. 372/1990 Coll. on offences, as amended (hereinafter referred to as the "Complaints Procedure").
The procedure of the buyer, who is not a consumer within the meaning of § 52 (3) of Act No.40/1964 Coll. of the Civil Code, as amended, in exercising the rights arising from the seller's liability for defects in the goods purchased and the adjustment of the rights and obligations of the contracting parties related thereto shall be governed by § 422 to § 442 of Act No. 513/1991 Coll. of the Commercial Code, as amended.
Complaint means claiming liability for defects in the product.
To ensure a uniform, fast and correct procedure for handling complaints of defects of goods purchased through electronic communication in the company CERA MEL s. r. o., with registered office in Choča 125, 951 76 Choča, ID No.: 47 209 071, and consumers. The company is registered in the Commercial Register of the District Court Bratislava I, sec. 90035/B, this Complaints Procedure is issued:
2. Damage to the goods in transport
Upon receipt of the goods, please check the physical integrity and completeness of the shipment. If the consignment is visibly damaged or destroyed, without accepting the consignment, draw up a damage report with the driver.
Then print and fill in Reklamačný formulár and send the scanned form to ahoj@medovyobchod.sk. Any subsequent claims for quantity and physical damage will not be accepted. If you discover mechanical damage caused by shipping after the goods have been unpacked, please report this to us immediately. Later claims for mechanical damage caused by shipping will not be accepted.
3. Application of liability for defects - claims during the warranty period
If a defect is found in the goods covered by the claim during the warranty period, please fill in the claim form (see below). We will then let you know how to proceed. The goods must be sent as a parcel to our address: CERA MEL s.r.o. Choča 125, Choča - Carpentry Mlyňany 951 76 and we recommend to insure it. Please do not send the goods by cash on delivery.
If you wish to claim the right to reimbursement of the necessary costs incurred in connection with the claim (Art.598 CC), you must provide the original receipt.
4. Complaints procedure
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The Seller is obliged to determine the method of handling the complaint immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases within 30 days. Once the method of complaint has been determined, the complaint must be settled immediately, in justified cases within 30 days at the latest. The Seller shall notify the consumer of the outcome of the complaint within the statutory time limit in writing (by e-mail or post). The Seller shall send a copy of the complaint report to the Consumer together with the goods or hand it over to the Consumer personally upon receipt of the goods complained about. If the Seller or a third party servicing the goods decides that the complaint is not justified, the Seller shall send the goods to an expert, authorised, notified or accredited person for a professional assessment at the Seller's own expense. After the expiry of the time limit for the settlement of the complaint, the consumer shall be entitled to withdraw from the contract or to have the product replaced by a new one.
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The Seller is obliged to issue a confirmation to the Consumer when making a claim. If the claim is made by means of remote communication, the Seller is obliged to deliver the confirmation of the claim to the consumer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the proof of the claim; the confirmation of the claim does not have to be delivered if the consumer has the possibility to prove the claim in another way.
- If the consumer has made a claim within the first twelve months of purchase, the seller may only reject the claim on the basis of a professional assessment; irrespective of the outcome of the professional assessment, the consumer may not be required to pay the costs of the professional assessment or any other costs related to the professional assessment.
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If the consumer has filed a complaint after twelve months from the purchase and the seller has rejected it, the person who has settled the complaint is obliged to indicate in the complaint settlement document to whom the consumer may send the product for professional assessment. If the product is sent to a designated person for expert assessment, the costs of the expert assessment, as well as any other costs reasonably incurred in connection therewith, shall be borne by the seller irrespective of the outcome of the expert assessment. If the expert assessment proves that the seller is liable for the defect, the consumer may reassert the claim; the warranty period shall not expire while the expert assessment is being carried out. The seller shall reimburse the consumer within 14 days from the date of the reasserted claim for all costs incurred for the professional assessment as well as all related costs reasonably incurred. A reasserted claim cannot be rejected.
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4. Consumer rights
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- Warranty periods start from the consumer's receipt of the item.
- If the defect can be rectified, the consumer has the right to have it rectified free of charge, in a timely and proper manner. The seller is obliged to remove the defect without undue delay.
- The consumer may, instead of the removal of the defect, request the replacement of the item or, if the defect relates only to a part of the item, the replacement of the part, provided that this does not incur disproportionate costs for the seller in relation to the price of the goods or the seriousness of the defect. The seller may always replace the defective item with a faultless one instead of removing the defect, if this does not cause serious inconvenience to the buyer.
- If there is a defect which cannot be remedied and which prevents the thing from being properly used as a thing without defect, the buyer has the right to have the thing replaced or to withdraw from the contract. The same rights shall apply to the consumer if the defects are remediable, but the consumer is unable to use the goods properly because of the recurrence of the defect after the repair or because of a greater number of defects.
- In the case of other irremediable defects, the consumer shall be entitled to a reasonable discount on the price of the item.
- If the thing sold at a lower price or the second-hand thing has a defect for which the seller is liable, the consumer has the right to a reasonable discount instead of the right to have the thing replaced.
- Liability rights shall be exercised with the seller from whom the goods were purchased.
- Liability rights in respect of defects in the goods for which a guarantee period applies shall lapse if they have not been exercised within the guarantee period.
- The period from the exercise of the right of liability for defects until the time when the consumer was obliged to take over the goods after the completion of the repair shall not be included in the guarantee period. The seller is obliged to issue the consumer with a confirmation of when the consumer exercised the right, as well as of the repair and the duration of the repair.
- In the event of a replacement, the warranty period shall start again from the receipt of the new item. The same shall apply if the part covered by the guarantee is replaced.
- The seller is obliged to issue the consumer with proof of the complaint within 30 days of the complaint. If the consumer does not take possession of the item in time after the complaint has been settled, the warranty period shall start from the date on which the consumer was obliged to take possession of the item after the complaint has been settled.
5. Final clause
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- The Seller reserves the right to amend and/or supplement the Complaints Procedure at any time. Amendments and/or additions to this Complaints Procedure shall enter into force on the date of their publication on www.medovyobchod.sk.
- This Complaints Procedure shall enter into force on 20.4.2016.