TO THE GENERAL TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS AND SERVICES available at
https://conceptstory.sk/en/general-terms-and-conditions/ hereinafter referred to as the “GTC”.
Seller:
Business name: prezem s.r.o.
Registered office: Wolkrova 25, 85101 Bratislava
Company ID (IČO): 55856772
Tax ID (DIČ): 2122111574
Registered at: Municipal Court Bratislava III, Section: Sro, File No.: 173688/B
Tel.: +421 947 905 444
E-mail: reklamacie@prezem.sk
- Conditions for exercising rights arising from liability for defects (complaints)
- If the Goods are delivered in damaged packaging or the shipment appears suspiciously light, do not accept it from the carrier and contact us immediately at +421 947 905 444 or reklamacie@prezem.sk. In the case of obvious defects (e.g., mechanical damage), you are obliged to file a complaint without undue delay in the manner specified in point 2.1 below. Complaints due to obvious defects (including incomplete Goods) must be submitted immediately; otherwise, they will not be taken into consideration.
- You are entitled to exercise claims arising from the applicable legal regulations of the Slovak Republic if the Goods contain defects upon delivery or if such defects appear within 2 years from their delivery to you in the case of new Goods, and within one (1) year in the case of used Goods (“Warranty Period”).
- You are obliged to exercise the right arising from liability for other defects (hidden defects) in the manner specified in point 2.1 below without undue delay after discovering the defect in the Goods, but no later than the expiry of the Warranty Period.
- The warranty applies only to manufacturing defects of the Goods and defects caused by mechanical damage. The right arising from liability for defects cannot be exercised particularly in the case of changes to the Goods during the Warranty Period resulting from wear and tear, improper use, improper, unsuitable or irregular care and maintenance, natural changes in the materials from which the Goods are made, damage, or other improper interference.
- The warranty does not apply to used Goods; it applies only to defects that the Goods had at the time of their acceptance by you.
- You are not entitled to exercise rights arising from liability for defects if you were aware of the defect before accepting the Goods, or if we informed you about it, or if you were granted an appropriate discount on the Price of the Goods for this reason.
- Exercise of rights arising from liability for damage (complaints)
- If the Goods have a defect, especially if any of the conditions under Article 7.2 of the GTC are not met, you may notify us of such defect and exercise your rights arising from liability for defects (i.e., file a complaint regarding the Goods) by sending an email or letter to our addresses listed in our identification details, or personally at our premises. You may also use the model complaint form provided by us, which forms Annex No. 1 to the Conditions.
- In your complaint notification, please include in particular a description of the defect of the Goods and your identification details, including the email address to which you wish to receive information about the complaint resolution, and also indicate which of the claims arising from liability for defects specified in points 3.4 to 3.9 you are exercising/prefer.
- When submitting a complaint, also present proof of purchase of the Goods (invoice) in order to demonstrate that the Goods were purchased from us; otherwise, we are not obliged to accept your complaint.
- The day of commencement of the complaint procedure shall be considered the day of delivery of the defective Goods together with the relevant documents (according to point 2.3). If your complaint submission is incomplete (especially illegible, unclear, incomprehensible, does not contain the required documents, etc.), we will request completion of the complaint in writing, especially by email. In such a case, the complaint procedure begins on the day your completed submission is delivered.
- If you fail to complete your complaint in accordance with point 2.4 of this article without undue delay, no later than 10 days from the date of delivery of our request pursuant to point 2.4, we will consider your complaint submission unjustified.
- Complaint resolution
- Based on your decision as to which rights under § 622 and § 623 of Act No. 40/1964 Coll. Civil Code, as amended (hereinafter referred to as the “Civil Code”) (specified in points 3.4 to 3.8) you are exercising, we will determine the method of complaint resolution immediately, in complex cases no later than within 3 working days from the date of your complaint. In justified cases, especially if a complex technical assessment of the condition of the Goods is required, no later than within 30 days from the date of your complaint.
- After determining the method of complaint resolution, we will resolve the complaint immediately; in justified cases we may resolve the complaint later, but the complaint resolution must not take longer than 30 days from the date of filing the complaint. After the expiration of the complaint resolution period, you have the right to withdraw from the Contract or have the right to exchange the Goods for new Goods, if possible.
- We are obliged to issue you a written document on the complaint resolution no later than 30 days from the date of filing the complaint, and we will inform you about its resolution by email. If the complaint is accepted, we will send you the repaired Goods, replace the Goods with new Goods, or refund the paid Price of the Goods, unless agreed otherwise.
- If it is a defect that can be removed, you have the right to have the defect removed free of charge, in a timely and proper manner. We will remove the defect without undue delay.
- Instead of removing the defect, you may request replacement of the Goods, or if the defect concerns only a part of the Goods, replacement of that part, provided that this does not cause us disproportionate costs considering the Price of the Goods or the severity of the defect.
- Instead of removing the defect, we may always replace the defective Goods with defect-free Goods, if this does not cause you serious inconvenience.
- If the subject of the contract was outlet or used Goods, such Goods are sold individually and therefore it is not possible to replace returned Goods with identical Goods.
- If the defect of the Goods cannot be removed and prevents you from properly using the Goods as defect-free Goods, you have the right to exchange the Goods or withdraw from the Contract. The same rights apply if removable defects occur repeatedly after repair or if there is a larger number of defects preventing proper use of the Goods.
- If it concerns other non-removable defects, you have the right to a reasonable discount from the Price of the Goods.
- The complaint will be resolved by delivering repaired Goods, replacing the Goods, refunding the Price of the Goods, paying an appropriate discount from the Price of the Goods, a written request to collect the performance (Goods), or a justified rejection of the complaint.
- The exercise of rights arising from liability for defects and complaints regarding the Goods is governed by § 619 et seq. of the Civil Code, 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 “Consumer Protection Act”), and Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services based on a distance contract or a contract concluded outside the seller’s business premises and on amendments to certain acts as amended (hereinafter referred to as the “Distance Selling Consumer Protection Act”).
- If you are an entrepreneur, it is your obligation to notify and point out the defect without undue delay after you could have discovered it, but no later than within 3 days from the acceptance of the Goods.
Supervisory Authority:
SOI Inspectorate for the Bratislava Region
Prievozská 32,
P.O. Box 5,820 07 Bratislava 27
Supervision Department
tel.: 02/ 58272 172; 02/58272 104
fax: 02/ 58272 170
Complaint Procedure valid from:
1.6.2024
Annex No. 1 – Complaint Form