Complaints procedure (e-shop) of Concept Coffee Roasters
The operator of the online store (hereinafter referred to as “e-shop” or “online store”) located on the internet domain http://www.conceptcoffee.sk (hereinafter referred to as the “internet domain”) is:
1. The seller is responsible to the consumer for the fact that the goods purchased from the seller: a) have the required quality and utility properties, the operational and technical parameters given by the manufacturer and that their use for the intended purposes has been approved in accordance with the relevant generally binding legal regulations in force in the territory Slovak Republic;
b) according to generally binding legal regulations, they also meet the health, hygiene and other conditions established therein;
c) are without defects;
d) they were sold to him at the price they had at the time of the offer and their sale and that this price was correctly charged to him.
2. The responsibility of the seller according to point 1 applies to the same extent to goods purchased at reduced prices as part of a price discount (promotion), for which a price discount was provided and in which their sale to the consumer is bound to the fulfillment of special conditions agreed with him.
3. During the sale, the seller is obliged to issue to the consumer the documents on the purchase of the goods in the structure determined by the binding legal regulation. If the nature of the goods requires it, the seller will issue a warranty certificate to the consumer at the same time.
4. The consumer has the right to claim a defect found on the purchased goods upon receipt or during the warranty period.
5. The consumer is obliged to exercise the right to complain about a defect that the goods have upon receipt by the consumer or after a period of time from receipt during the warranty period with the seller without undue delay, but no later than by the expiration of the warranty period. If the consumer does not exercise his right to claim a defect with the seller within the warranty period, this right of his will expire.
6. The seller is responsible to the consumer for defects that: a) existed when the goods were received,
b) or occurred after receiving the goods during the warranty period.
7. The seller is not responsible to the consumer for defects, a) which arose after the expiration of the warranty period or which the consumer claimed only after it expired;
b) in the event that the consumer does not prove with a document or in another sufficiently reliable way that the claimed goods were purchased from the seller and that the warranty period provided has not yet expired;
c) which the consumer applies after the expiration of the warranty period, if he does not prove by submitting a warranty letter or in another sufficiently credible way that the seller was provided with a longer warranty period than the warranty period established by a generally binding regulation;
d) which were caused by the consumer or another (third) person or arose independently of their actions due to damage in situations of force majeure;
e) which arose from improper use, use for purposes other than those for which the goods are intended by their nature, arbitrary modifications and repairs;
f) which arose as a result of non-compliance with instructions and explicit warnings for the consumer or were caused by the consumer’s improper storage, use or storage in an unsuitable environment.
8. The warranty period is set at 24 months and begins to run from the date of receipt of the goods by the consumer.
9. In the case of goods sold at a lower price due to a defect, the warranty period is set at 24 months, while defects for which the goods were sold at a lower price are excluded from the warranty.
10. When selling used goods, the warranty period is set at 12 months.
11. The seller is responsible for defects that occur after taking over during the warranty period.
12. The seller can provide a guarantee even beyond the scope of the stated guarantee period. The conditions of its provision and scope must be indicated on the sales document or on the warranty card.
13. The warranty period does not include the time between the day when the consumer exercised his right from liability for defects and the day from which the consumer was obliged to take over the goods after the completion of the repair or the end of the complaint procedure. The seller is obliged to give the consumer a confirmation of when he exercised the right, as well as of the repair and its duration. If there is an exchange, the warranty period starts again from the receipt of the new goods.
14. The seller accepts complaints at the address indicated on the accompanying document for the shipment.
15. When making a complaint, the seller is obliged to issue the consumer with a written confirmation of receipt of the complaint (complaint protocol), which contains the identification of the seller and the consumer, the name, quantity and any accessories of the claimed goods, a description of the defect, the applicable law of the method of resolving the complaint by the consumer and the approximate date of its completion. Even in the case when it is clear that the complaint will not be recognized by the seller, the seller is obliged to issue a written document to the consumer with the reasons for which he refused to acknowledge it. If the claim is made via 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 unnecessary delay, but at the latest together with a document on the processing of the claim; confirmation of the application of the claim does not need to be delivered if the consumer has the opportunity to demonstrate the application of the claim in another way.
16. The seller is obliged to issue a written document about the handling of the claim no later than 30 days from the date of application of the claim.
17. The equipment of eclamation does not affect the consumer’s right to compensation for damages according to a special regulation.
18. In the event that the consumer properly files a complaint, while this complaint was not recognized by the authorized person, and at the same time there is a reason for which it can reasonably be believed that the non-recognition of the complaint is in violation of this complaint procedure or applicable legal regulations, or the procedure for handling it was in violation of this complaint procedure, the consumer is entitled to send a written complaint about the method and procedure for processing the complaint directly to the seller’s headquarters.
19. If the consumer, in accordance with the provisions of this complaint procedure and the provisions of the relevant legal regulations, becomes obliged to take over the claimed goods from the seller or the seller verifiably invites him to take over the claimed goods, the consumer is obliged to take over the subject of the claim without undue delay, but no later than within 15 days from the date, in who incurred this obligation. If the consumer does not accept the goods, the seller is not responsible for any damage to the goods.
20. The consumer can make a complaint in writing or by means of electronic communication.
21. The consumer shall exercise his right to claim a defect with the seller by presenting the accounting (tax) document of his purchase and a complete and unaltered warranty certificate confirmed by the seller, or other documents from which it is undoubtedly clear that the product was purchased from the seller and that the warranty period provided by the seller on the claim for its defect has not yet expired.
22. When exercising his right to claim a defect, the consumer is obliged to submit the goods purchased from him to the seller together with the documents according to the previous point.
23. When making a complaint, the seller is obliged to inform the consumer about his rights according to generally binding regulations, on the basis of which the consumer decides which of these rights he applies, which also determines the further method of dealing with the complaint.
24. If the consumer files a complaint, the seller decides on the method of handling the complaint and handles the complaint: a) immediately,
b) in complex cases, within three working days from the date of application of the complaint, in justified cases, especially if a complex technical evaluation of the condition of the product is required, no later than 30 days from the day of application of the complaint. After the expiry of the deadline for processing the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new product.
25. If the consumer made a complaint about the goods: a) within the first twelve months from the purchase, the seller can handle the complaint by rejecting it only on the basis of a professional assessment; regardless of the result of the expert assessment, the consumer cannot be required to pay the costs of the expert assessment or other costs related to the expert assessment; the seller is obliged to provide the consumer with a copy of the expert assessment justifying the rejection of the claim no later than 14 days from the day the claim was received;
b) if the consumer applied for a defect claim after twelve months from the purchase and the seller rejected it, the authorized person who processed the claim is obliged to indicate in the document on the provision of the claim to whom the consumer can send the goods in question for expert assessment. If the consumer proves the seller’s responsibility for the defect through a professional assessment, he can apply the claim again; the warranty period does not expire during the performance of the expert 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 the expert assessment, as well as all related costs incurred purposefully. A renewed claim cannot be rejected.
26. If the claim is justified and the claim conditions are met, the seller will replace the goods with a new one or repair the defects of the goods. If the seller cannot do so due to the unavailability of the goods, he will return the money to the consumer.
27. If the claimed product can be repaired, it is a defect that can be removed, the product will be repaired free of charge, properly, on time and without unnecessary delay during the warranty period. If it is a product defect that cannot be removed, the consumer has the right to exchange the product or refund the money.
28. Instead of removing a defect in the goods, the consumer may request its replacement, or if the defect concerns only a part of the product, the replacement of the part, if this does not result in disproportionate costs for the seller considering the price of the product or the severity of the defect.
29. Instead of removing the defect, the seller can always replace the defective item with a perfect one, if this does not cause serious difficulties for the consumer.
30. If the product has the same defect again after repair, or a greater number of defects at the same time, the consumer has the right to exchange the product or refund the money during the warranty period. Reoccurrence of the same defects after repair means a condition where the same defect occurs after at least two previous repairs. At least three different removable defects are considered to be a greater number of defects of the goods at the same time, while each of them prevents its proper use.
31. If the goods are exchanged, the warranty period starts again from the date of receipt of the new goods.
32. If the seller complained goods does not repair within 30 days during the warranty period, the goods are considered irreparable and the consumer has the right to exchange goods or refund money.
33. When delivering goods via a postal company or by a courier in accordance with the relevant legal regulations (delivery services intermediary, hereinafter referred to as “the intermediary”), the consumer is obliged to file a complaint and write a report on damage to the received shipment (for example, a torn shipment, damaged packaging, other signs of careless handling during delivery and others) at the time of taking it over from the intermediary or refuse to take over the package damaged in this way. If he does not do so at the time of taking it over, he loses the right to file a claim with the seller for the above-mentioned reason.
34. The consumer is obliged to examine the goods in the shipment without unnecessary delay immediately after receiving them, inspect them thoroughly, in order to determine their damage or incompleteness and the consistency between the contents of the shipment and the accompanying document (invoice). The consumer is obliged to notify the seller of a defect under this title within 48 hours of receiving the shipment. Acceptance of the shipment is understood as handing it over to the consumer by the intermediary.
35. In the event of a claim for goods sent by consignment, the consumer is obliged to notify the seller of the detected defects in writing, together with the claim he/she asserts as a result of the defect. He sends the claimed goods to the seller simultaneously with a written notification (or a complaint protocol available on the seller’s website) to the address indicated on the accompanying document (invoice) or applies the claim in person at the seller’s address indicated on the accompanying document (invoice).
36. A complaint with which the consumer complains about defects in the goods that do not result from the contractual relationship between the seller and the consumer, are in conflict with generally binding legal regulations or good morals, the facts that the consumer states in his complaint are not based on the truth, or if such a claim filed after the warranty period has expired.
The seller reserves the right to change this complaint procedure. The complaint procedure or its changes are valid and effective from the date of their publication on the seller’s website.
This complaint procedure becomes valid and effective on June 1, 2019.