I. General provisions
1.1. This complaint procedure is issued in accordance with Act no. 40/1964 Coll. Civil Code as amended (hereinafter referred to as the "Civil Code"), Act no. 250/2007 Coll. on Consumer Protection, as amended (hereinafter referred to as the “Consumer Protection Act”), Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller, as amended, and Act no. 22/2004 Coll. on electronic commerce as amended. And it regulates the legal relationship between the seller, which is:
1.2. The seller is the company
Business name: LIBOM s.r.o.
Registered office: Piešťanská 31 / A, Nové Mesto nad Váhom 915 01, Slovakia
The company was registered on 14 October 2009 in the Commercial Register kept by the District Court of Trenčín, Section Sro, File 22165 / R.
ID: 44947577
VAT: SK2022904268
The seller is a VAT payer (Value Added Tax)
Bank account IBAN: SK83 0200 0000 0030 7513 7558
SWIF (BIC): SUBASKBX
Všeobecná úverová banka, a.s.
(hereinafter also “Seller”) and any person who is a buyer of goods or services offered by the Seller in the Seller's Online Store and who acts as a consumer in accordance with other provisions of these General Terms and Conditions and applicable laws defining the consumer, in accordance with applicable Slovak legislation. Republic, in particular laws, Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and Act no. 250/2007 Coll. on consumer protection, as amended.
1.2.1. The contact and address of the seller is:LIBOM s.r.o., Piešťanská 31 / A, Nové Mesto nad Váhom 915 01, Slovakia
E-mail address: obchod@modularneploty.sk
Phone number: +421 903 279 914
1.3. This Complaints Procedure regulates the rights and obligations of the buyer, who is a consumer in the exercise of rights from defects of goods (goods) or services in accordance with the concluded purchase contract at a distance through the seller's e-shop www.modularneploty.sk
1.4. The Buyer is any person (natural or legal) who has filled in and sent the order through the Seller's Website and has received an email notification of receipt of the order and paid the purchase price. The buyer is also any person who placed the order by phone or email.
1.5. The Consumer is the Buyer, who is a natural person and who does not act within the scope of his business activities when concluding the purchase contract in accordance with these Complaints Rules and the General Terms and Conditions published on the seller's website.
1.6. This complaint procedure regulates the legal relations between buyers, who are consumers and sellers.
1.7. Legal relations arising from the exercise of rights from liability for defects between the seller and the buyer, which is a legal entity or natural person entrepreneur who acts in the course of his business (persons who are not in the position of a consumer) are governed by Act no. 513/1991 Coll. Commercial Code as amended.
1.8. Products are goods or services that are intended for sale and are also published in the Seller's Online Store.
1.9. The concept of a thing is in cases where the nature of the thing within the meaning of these Complaints Procedure allows it to be identical with the concept of goods or services.
II. Links
2.1. Relationships arising from the seller's liability for defects in goods or services (as well as other legal relationships that may result from the contractual relationship) with natural persons who do not act within the scope of their business (consumers) when concluding the purchase contract, are subject to general provisions. Act No. 40/1964 Coll. Civil Code as amended, as well as special regulations, especially Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and Act no. 250/2007 Coll. on consumer protection.
2.2. Legal relations arising from the exercise of rights from liability for defects between the seller and the buyer, which is a legal entity or natural person entrepreneur who acts in the course of his business (persons who are not in the position of a consumer) are governed by Act no. 513/1991 Coll. Commercial Code as amended.
III. Seller's liability for product defects (goods and services)
3.1. The seller is obliged to deliver the thing (goods) or service in accordance with the concluded purchase contract, i. in the required quality, quantity and without defects (factual, legal).
3.2. The seller is responsible for defects in the thing sold or the service when taken over by the buyer. If the items are not used, the seller is responsible for defects that occur after taking over the item during the warranty period (warranty). We recommend the buyer to claim the defects of goods or services from the seller without undue delay. For used items, the seller is not responsible for defects caused by their use or wear. In the case of items sold at a lower price, it is not liable for the defect for which the lower price was agreed.
3.3. The buyer is entitled to inspect the sold item or service before taking over.
IV. Warranty
4.1. The warranty period is 24 months. The warranty period for the applicable item is 12 months. Warranty periods begin to run from the receipt of items or services by the buyer.
4.2. If the items are not perishable or used, they are liable for defects that occur after taking over the item during the warranty period (warranty). The warranty period is 24 months. If the period of use is marked on the item, its packaging or the instructions attached to it, the warranty period before the last period of this period is not fulfilled.
4.3. If it is a used item, the applicant can provide for a shorter warranty period, but not shorter than 12 months.
4.4. In the case of items intended to be used for a longer period, they lay down special rules for a warranty period of more than 24 months. The warranty period exceeding 24 months may also apply to only some parts of the item.
4.5. A written guarantee (guarantee certificate) must be provided upon request. If the nature of the matter allows it, it is sufficient to issue a proof of purchase instead of a guarantee certificate.
4.6. By making a statement in the list of issued warranties or in advertising, it may provide a warranty in excess of the scope set forth in this Act. You will specify the conditions and scope of this warranty in the warranty card.
4.7. Warranty periods begin to run from the receipt of the item by the buyer. If the customer is to start the operation other than the entrepreneur, the warranty period will apply until the day the item is put into operation, if you buy it within three weeks of taking over the item and provide the necessary services in a timely manner.
4.7.1. If the object of purchase is consumables or if they are part of the purchased goods, the material will be used for the life of the quality guarantee. The service life can be stated in the period, at the time of the goods or in the number of individual cases, or in the number of printed tents or otherwise similarly specified. More than one of these lifetimes may be listed on the goods. In order to successfully file a complaint, it is necessary to comply with all the above conditions.
4.7.2. In connection with point 4.7.1. this does not affect the right to buy and claim the goods during the statutory warranty period. however, you must take the above into account, as it relates to the wear and tear of the normal use of the item and it is not possible to confuse the life of the product. The durability of goods represents the susceptibility to wear and tear in normal use. If you use the goods (do not own them) for longer than the normal service life, it is probable that the error is only a common case, but it is not the only one that it is actually a warranty defect.
4.8. If the purchase is not a consumer, the procedure is in accordance with the provisions of the Commercial Code and the warranty period is 1 year. The warranty period begins to run in accordance with the provisions of Art. IV, point 4.1 of these Complaints Procedure.
4.9. If there is an exchange for a new item, it will start the warranty period again from the receipt of the new item.
4.10. If a part of a new thing is exchanged where the nature of the thing allows. He will start the warranty period for this part again from the receipt of the new item.
4.11. Defective situation for which the warranty period applies will lapse if they are not exercised during the warranty period.
4.12. The warranty period is extended by the time for which the goods were in the complaint. The right of liability for defects in the goods for which the warranty period applies shall lapse if they have not been exercised during the warranty period.
4.13. If the buyer is a consumer, within the statutory warranty period, the ads are governed by Act no. 40/1964 Coll., Civil Code and Act no. 250/2007 Coll., On consumer protection, both laws in the valid and effective wording, taking into account the clarifications in these Complaints Rules.
4.14. If the item is exchanged, it will start the warranty period again from the receipt of the new item. The same applies if the part for which the warranty has been provided is replaced.
V. Procedure for exercising rights from liability for defects (Complaints)
5.1. The buyer is entitled to exercise the rights from liability for defects of goods, goods or services at the address: LIBOM s.r.o., Piešťanská 31 / A, Nové Mesto nad Váhom 915 01, Slovakia The buyer can always exercise the right to file a complaint in person at any establishment of the company in which the acceptance of the complaint is possible due to the nature of the matter, or at the company's registered office, or through third parties, e.g. transport companies, courier companies, Slovenská pošta a.i. We recommend the buyer to use this complaint form to make a complaint: https://www.modularneploty.sk/img/cms/dokumenty/reklamacny-protokol.pdf When making a complaint, the seller recommends that the buyer provide proof of warranty or other proof of payment of the purchase price. The buyer is advised to describe the defect and state how the defect manifests itself when applying the claimed thing or service.
5.1.1. In the event that the Buyer complains about the goods or services other than in person, the Seller recommends that the Buyer send the goods together with a detailed description of the defect and goods proving the purchase of goods in our store (such as proof of payment, invoice, warranty card), due to speed up the complaint process.
5.1.2. In case of a complaint, we recommend sending the goods by registered mail. The seller recommends not sending the goods in the form of cash on delivery, which will not be taken over by us.
5.1.3. The seller is obliged to issue a confirmation to the consumer when making a complaint. If the complaint is made by means of long-distance communication, the seller is obliged to deliver the confirmation of the complaint to the consumer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the proof of the complaint; The claim confirmation does not have to be delivered if the consumer has the opportunity to prove the claim in another way.
5.1.4. The seller is obliged to issue a written document on the handling of the complaint no later than 30 days from the date of the complaint.
5.2. The handling of the complaint does not affect the consumer's right to compensation under a special regulation.
5.3. The seller is obliged to determine the method of handling the complaint immediately, in complex cases within 3 days from the date of the complaint. In justified cases, especially if a complex technical evaluation of the goods is required no later than 30 days from the date of the complaint. After determining the method of handling the complaint, the seller will handle the complaint immediately; in justified cases, the complaint can be processed later. However, the handling of the complaint may not be longer than 30 days from the date of the complaint. After the expiration of the 30-day period for handling the complaint, the buyer has the right to withdraw from the purchase contract and will be refunded the full amount for the goods or has the right to exchange the goods for new ones.
5.4. If the consumer has lodged a product complaint within the first 12 months of purchase, the seller may only settle the complaint on the basis of professional judgment; Irrespective of the outcome of the peer review, the consumer may not be required to reimburse the cost of the peer review or other costs related to the peer review. The seller is obliged to provide the consumer with a copy of the expert assessment justifying the rejection of the complaint no later than 14 days from the date of handling the complaint.
5.5. If the consumer has made a product complaint 12 months after the purchase and the seller has rejected it, the person who handled the complaint is obliged to state in the complaint handling document to whom the consumer can send the product for professional assessment. If the product is sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other related expediently incurred costs, shall be borne by the seller, regardless of the result of the expert assessment. If the consumer proves by a professional assessment the seller's liability for the defect, he can file a complaint again; the warranty period does not run during the professional assessment. The seller is obliged to reimburse the consumer within 14 days from the date of re-application of the complaint all costs incurred for professional assessment, as well as all related purposefully incurred costs. A re-submitted claim cannot be rejected.
5.6. The consumer is entitled to reimbursement of the necessary costs (especially postage, which he paid when sending the claimed goods), which he incurred in connection with the exercise of legitimate rights from liability for defects of goods and services. In the event of withdrawal due to a defect in the thing or service, the consumer is also entitled to reimbursement of the costs of such withdrawal.
5.7. Requirements for the expert assessment within the meaning of point 5.4 of this Article: The expert assessment must include: a) identification of the person performing the professional assessment, b) precise identification of the product under consideration, c) description of the product condition, d) the result of the assessment, (e) the date on which the expert assessment was made.
5.8. The Seller is obliged to inform the Consumer about the handling of the complaint and about the method of its handling, as appropriate and to prove form, no later than 30 days from the date of the complaint. The seller is obliged to issue a written document on the handling of the complaint no later than 30 days from the date of the complaint.
5.9. The completion of the complaint procedure (complaint) is considered to be its equipment. Complaint handling means the termination of the complaint procedure by handing over the repaired product to the person who made the complaint, product replacement, return of the product purchase price, payment of a reasonable discount on the product price, written request to take over the performance or rejection of the complaint in accordance with the conditions.
6. If the nature of the product allows it, the consumer will hand over the product to the seller (designated person) when making a complaint. If the nature of the product does not allow the product to be delivered to the seller (designated person), the consumer may request the elimination of the defect at the place where the product is located or agree on a method of transporting the product with the seller (designated person).
7. The period from the exercise of the right of liability for defects until the time when the buyer was obliged to take over the item after the repair is completed does not count towards the warranty period. The seller is obliged to issue the buyer a confirmation of when he exercised the right, as well as of the repair and its duration.
VI. Buyer's rights in exercising the rights from liability for defects
6.1. If it is a defect that can be removed, the buyer has the right to have it removed, free of charge and properly. The seller is obliged to eliminate the defect without undue delay.
6.2. Instead of eliminating the defect, the buyer may request an exchange of the item or, if the defect concerns only a part of the item, a replacement of the part, if the seller does not incur disproportionate costs due to the price of the goods or the severity of the defect.
6.3. Instead of eliminating the defect, the seller can always replace the defective item with a perfect one, if this does not cause serious difficulties for the buyer.
6.4. If it is a defect that cannot be removed and which prevents the thing from being properly used as a thing without defects, the buyer has the right to exchange the thing or has the right to withdraw from the contract. The same rights belong to the buyer in the case of remediable defects, but if the buyer can not properly use the thing due to the recurrence of the defect after repair or due to a larger number of defects.
6.5. In the case of other irreparable defects, the buyer is entitled to a reasonable discount on the price of the item.
VII. Final provisions
7.1. The Seller reserves the right to change this Complaints Procedure. The obligation to notify the change of the Complaints Procedure in writing is fulfilled by placing it in the Seller's Online Store.
7.2. This Complaints Procedure forms an integral part of the General Terms and Conditions and the Principles and Instructions on Personal Data Protection of this online store. The documents - General Terms and Conditions and the Principles and instructions on personal data protection of this online store are published on the domain of the Seller's online store.
7.3. In the event of a change in the Complaints Procedure, the relationship between the Buyer and the Seller shall be governed by the Complaints Procedure valid and effective at the conclusion of the Purchase and Sales Agreement, up to the moment of its termination.
7.4. This complaint procedure is valid and effective at the time of its publication in the online store selling on 01.07.2020.
Attachments - Complaint form (PDF)