1. Introductory provisions
1.1.The company VENTIT s.r.o. (hereinafter referred to as "VENTIT" or "Seller") by this Complaints Procedure in accordance with § 18 (1) of Act No. 250/2007 Coll. on Consumer Protection and on amendment of Act No. 372/1990 Coll. on offences as amended (hereinafter referred to as "Consumer Protection Act") duly informs the consumer (§ 2 (2) (b) of the Consumer Protection Act) of the following provisions. (a) of the Consumer Protection Act; hereinafter also referred to as "customer" or "purchaser") on the conditions and method of exercising the rights under liability for defects (hereinafter also referred to as "claim"), including information on where the claim may be filed and on the performance of warranty repairs.
1.2 These Complaints Regulations are issued in accordance with Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the Consumer Protection Act, Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts, as well as other generally binding legal regulations of the Slovak Republic.
1.3 In accordance with Section 18(1) of the Consumer Protection Act, these Complaints Regulations are published on the website www.ventit.eu. By concluding a purchase contract through the Seller's e-shop, this Complaints Procedure becomes part of the contractual documentation between the Customer and the Seller. In the event of a conflict between the VENTIT Terms and Conditions and these Complaints Regulations, the Complaints Regulations shall prevail in the event of a complaint.
1.4 These Complaints Regulations do not apply to the legal relationship established by the purchase of goods from the Seller in the event that the Buyer (Customer) is an entrepreneur (Section 2, Paragraph 2 of Act No. 513/1991 Coll., the Commercial Code, as amended; hereinafter referred to as the "Commercial Code"). Such a legal relationship between VENTIT and the buyer - entrepreneur, the subject of which is the purchase of goods (services) from the seller, is governed by the relevant provisions of the Commercial Code (in particular § 429 or § 409 et seq. of the Commercial Code). Unless the manufacturer's warranty card of the product in question states otherwise in a specific case, the warranty period (guarantee for the quality of the goods) is 12 months from the purchase of the goods by the buyer-entrepreneur.
2. Liability for defects in the goods sold
2.1 VENTIT shall be liable for defects in the goods sold upon receipt by the purchaser (§ 619 paragraph 1 of the Civil Code) and for defects that occur after receipt of the goods within the warranty period (§ 619 paragraph 2 of the Civil Code). The warranty period is 24 months (§ 620 of the Civil Code).
2.2 For items sold at a lower price due to a defect, the warranty period is 24 months, but VENTIT is not liable for the defect for which the lower price was agreed (§ 619 paragraph 1 of the Civil Code).
2.3 For used items (e.g. demonstration model), VENTIT is not liable for defects caused by use or wear and tear. In this case, the warranty period is 12 months (Sections 619 (1) and 620 (2) of the Civil Code).
2.4 By a statement in the warranty certificate issued to the purchaser or in the advertisement, VENTIT may provide a warranty exceeding the scope of the warranty provided for by law, with the terms and scope of this warranty being specified in the warranty certificate (§ 620 paragraph 5 of the Civil Code).
2.5 Warranty periods shall commence from the date of acceptance of the goods by the purchaser. If the purchased goods are to be commissioned by a business other than the Seller, the warranty period shall commence only from the date of commissioning, provided that the Buyer has ordered the commissioning no later than 3 weeks from the receipt of the goods and has duly and timely provided the necessary cooperation for the performance of the service (§ 621 of the Civil Code).
2.6 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 was completed is not included in the warranty period. If the goods are replaced, the warranty period starts again from the receipt of the new goods (§ 627 of the Civil Code).
2.7 Liability rights for defects in the goods for which the warranty period applies shall lapse if they have not been exercised within the warranty period (§ 626 para. 1 of the Civil Code).
2.8 If VENTIT, when purchasing goods, offers the customer additional goods free of charge as a gift in addition to the goods sold, it is up to the customer whether to accept the offered gift. However, the gift is not the goods sold, therefore VENTIT is not liable for any defects. However, if VENTIT is aware of any defects in the gift, it is obliged to draw the customer's attention to them when offering the gift (§ 629 of the Civil Code). If the gift has defects that VENTIT has not warned the customer about, the customer is entitled to return it (§ 629 of the Civil Code). If the customer has the right to withdraw from the contract of sale (refund), the customer is obliged to return to VENTIT everything he has received under the contract and also what he has received from the gift contract as a dependent contract from the contract of sale, i.e. also the goods received as a gift (§ 457 of the Civil Code in conjunction with § 48 para. 2 and § 52a para. 2, second sentence, of the Civil Code).
3. Exercise of rights under liability for defects (claims)
3.1 The Buyer claims the right to repair by sending an e-mail to firstname.lastname@example.org with the subject line "Complaint" (§ 18 para. 2 of the Consumer Protection Act). If the warranty card indicates another business designated for repair (hereinafter referred to as "warranty service"), which is in the Seller's location or in a location closer to the Buyer, the Buyer shall exercise the right to repair in this warranty service (§ 625 of the Civil Code). The Buyer can find the addresses and telephone contacts of the warranty service centres in the warranty card.
3.2.The Seller or his authorized employee or warranty service is obliged to determine the method of handling the complaint and to handle the complaint within a period that may not be longer than 30 days from the date of filing the complaint (§ 18 (4) of the Consumer Protection Act). In the case of a claim made within 12 months of the purchase of the product, the seller may only reject the claim on the basis of a professional assessment. If the Seller rejects a claim made after 12 months from the purchase of the product, the Seller is obliged to inform the Buyer about to whom the product can be sent for a professional assessment in accordance with the Consumer Protection Act. For the purposes of handling complaints, professional assessment includes, inter alia, the opinion of an authorised person or a person authorised by the manufacturer to carry out warranty repairs (Section 2(n) of the Consumer Protection Act).
3.3 The Seller is obliged to issue a confirmation to the Customer when a claim is made (Section 18(8) of the Consumer Protection Act). This confirmation is the confirmation of the claim delivered to the consumer without undue delay by e-mail.
3.4 The Seller is obliged to issue a written proof of the complaint within 30 days from the date of the complaint (§ 18 par. 9 of the Consumer Protection Act). This written proof is a copy of the complaint report with a filled-in box of complaint settlement or a letter containing a written notification of complaint settlement. As an additional notification to the written document, the Seller may send the Customer information on the complaint settlement with a written confirmation of its dispatch by e-mail.
3.5 If the Buyer is obliged to take over the claimed goods from the Seller irrespective of the method of handling the claim or the Seller invites the Buyer to take over the goods in accordance with the provisions of the Complaints Regulations or applicable law, the Buyer shall take over the goods from the Seller at the appropriate place without undue delay, but no later than within 30 days.
3.6 In the event that the Buyer fails to take delivery of the goods within the period specified in the preceding clause, the Seller shall be entitled to charge the Buyer a flat-rate compensation for the costs incurred for the storage of the goods in the amount of EUR 0.50 for each, even commenced, day of storage.
4. General conditions of complaint
When exercising the rights of liability for defects in VENTIT, the customer is obliged to:
(a) present a proof of purchase or prove in any other way that the goods were purchased through ventit.eu,
b) ensure that the goods meet all other conditions for a warranty claim as stated in the warranty card (physically undamaged, undamaged by natural events, seals intact, etc.),
c) produce the original warranty certificate in the event that the customer claims a right arising from a warranty exceeding the scope of the warranty provided for by law,
d) properly describe the defects of the goods and complete the photographic documentation if necessary,
f) provide assistance in the completion of the complaint report by an authorised VENTIT employee and agree with its contents by signing it.
5. Method of complaint handling
5.1 If the defect is one that can be remedied, the buyer has the right to have it removed free of charge, in a timely and proper manner. The Seller decides on the method of removal of the defect and is obliged to remove the defect without undue delay, either personally or through an authorised person (§ 622 (1) of the Civil Code).
5.2 The Buyer may, instead of removing the defect, require the replacement of the goods or, if the defect concerns only a part of the goods, the replacement of this part, if this does not incur disproportionate costs for the Seller in relation to the price of the goods or the severity of the defect (§ 622 paragraph 2 of the Civil Code).
5.3 The Seller may always replace the defective goods with defect-free goods instead of removing the defect, if this does not cause serious inconvenience to the Buyer (Section 622(3) of the Civil Code).
5.4 If there is a defect which cannot be removed and which prevents the goods from being properly used as goods without defect, the buyer has the right to exchange the goods or the right to withdraw from the contract of sale (return of money and goods) (§ 623 (1) of the Civil Code).
5.5 The buyer has the right to exchange the goods or the right to withdraw from the contract (refund) even if the defect is remediable, but if the buyer cannot use the goods properly due to the reappearance of the defect after the repair (§ 623 para. 1 of the Civil Code). The reappearance of a defect after repair is considered to be the case if the same defect occurs for the third time after at least two previous repairs.
5.6 The buyer has the right to exchange the goods or the right to withdraw from the contract (refund) even if the defects are remediable, but if the buyer cannot use the goods properly due to a large number of defects (§ 623 paragraph 1 of the Civil Code). At least three different remediable defects, each of which prevents proper use, are considered to be multiple defects at the same time.
5.7 If the seller fails to settle the complaint within 30 days, the buyer has the same rights as if it were an irremediable defect (§ 18 para. 4 of the Consumer Protection Act), i.e. the right to exchange the goods or refund the money (withdrawal from the contract).
5.8 If the defect is irremediable but does not prevent the proper use of the goods, the buyer is entitled to a reasonable discount on the price of the product (§ 623 para. 2 of the Civil Code).
5.9 If the buyer has the right to exchange the goods or the right to withdraw from the contract (refund), it is up to the buyer which of these rights he exercises. However, as soon as he chooses one of these rights, he can no longer unilaterally change this choice himself, and at the same time these rights are not cumulative, but have an alternative character.
5.10 If gifts are provided with the goods (including goods supplied at a nominal value if their delivery is presented to the customer as a gift with the goods, which the customer may return within 14 days without giving a reason), the customer is obliged to return the related gifts provided together with the returned goods. In the event that these gifts are not returned with the returned goods, these gifts at their market value will be treated as unjust enrichment of the customer.
6. Alternative dispute resolution
If the Seller responds to the Customer's request under the preceding sentence in a negative manner or fails to respond to such request within 30 days from the date of its dispatch by the Customer, the Customer shall have the right to file a proposal for the initiation of an alternative dispute resolution pursuant to the provisions of Section 12 of Act No.391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts, as amended.
The competent entity for alternative dispute resolution of consumer disputes with the Seller is the Slovak Trade Inspection or another competent authorised 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/); the customer has the right to choose which of the above-mentioned alternative dispute resolution entities to turn to, while the possibility of turning to court is not affected by this.