Complaints Procedure

This Complaint Procedure follows and complements the General Terms and Conditions, which regulate the sale of goods via the online shop on the website, and describes the cooperation between the seller and the buyer with regard to possible defects in the goods, making complaints, and entitlements arising from them. The provisions do not apply to a buyer who is not a consumer but a person who purchases goods for the purpose of business and not for the purpose of a natural person's personal consumption; liability for product defects in this case is governed by the provisions of Section 422 et seq. of the Commercial Code. A buyer is any natural or legal person who completed and sent an order via the seller's website, received a notification (by email) of order acceptance, and paid the purchase price. A buyer is also any person who placed an order by phone or email and confirmed acceptance of the seller's price offer by email and also confirmed familiarity with the General Terms and Conditions.

A consumer is a natural person who, when concluding and performing a consumer contract, does not act within the scope of his/her business activity, employment or profession. For the purposes of this Complaints Procedure, a natural person/non-entrepreneur is also a consumer.

The seller recommends the buyer to get familiarised with this Complaints Procedure and the General Terms and Conditions before ordering any goods. By ordering goods from the seller, the buyer confirms his/her familiarity with the content of this Complaints Procedure and the General Terms and Conditions.

The seller processes consumer complaints in accordance with the legal regulations of the Slovak Republic, in particular Act No. 250/2007 Coll., as amended, the Civil Code of the Slovak Republic, and applicable legal regulations.

Before the purchase, the seller informs about its liability for product defects (pursuant to Section 622 to 624 of the Civil Code), about the procedure for making and processing complaints, grievances and suggestions, about where complaints may be made, especially if the place for processing the complaint is different from the seller's registered office or place of business, and about the performance of warranty repairs (authorised service centre, etc.).

The seller issues a proof of purchase (invoice) for each purchased item. If a separate warranty card is not issued, the corresponding proof of purchase (the "Warranty Card") serves as the warranty card.

Warranty period for consumers: For all goods purchased on the basis of civil relations, the default warranty period under the laws of the Slovak Republic is 24 months unless the legal regulations of the Slovak Republic provide for a shorter period for certain types of goods. If a use period is marked on the sold item, its packaging or the user manual included with it, the warranty period does not end before the expiry of that period. The warranty period commences the day the consumer receives the goods. The seller may extend the statutory period. The length of the extended warranty period is always indicated on the Warranty Card. Unless another warranty period is indicated on the Warranty Card, the 24 month period applies. The warranty period consists of the statutory period (24 months) and any extended period. Within the statutory warranty period, complaints are governed by the provisions of Sections 619 to 627 of Act No. 40/1964 Coll., the Civil Code, taking into account this Complaints Procedure. (Within the extended period, complaints are governed exclusively by this Complaints Procedure.)

Warranty period for a used item: The buyer and seller may agree on a shorter warranty period for used items, but not shorter than 12 months. For goods sold at a lower price due to a defect or incompleteness, the warranty does not cover the defects due to which the lower price was agreed.

Warranty conditions: The seller is responsible for ensuring that the goods are of the specified quality, quantity, size and weight when sold. The goods must be free of defects and must comply with applicable technical standards. The seller is liable for defects that the sold goods have when they are taken over by the buyer and for defects that occur after taking over the goods during the warranty period.

Exceptions to the warranty:

• the warranty does not cover defects caused by improper use of the goods or due to force majeure, natural events, etc., or any damage incurred as a result;
• the warranty does not cover defects caused by poor, unprofessional or inappropriate handling, by use and installation contrary to the user manual;
• the warranty also does not cover damage caused by:
  • mechanical damage to the goods,
  • use of the goods in unsuitable conditions,
  • excessive loading or use contrary to the conditions specified in the documentation or general principles,
  • unqualified intervention or parameter changes.
• It is also not possible to complain about goods for the same reason for which their price was reduced.

The time from the exercise of the right under liability for defects until the time when the buyer is to take over the item is not included in the warranty period. If the goods are replaced, the warranty period commences again from the receipt of the new goods. If, when purchasing goods, the seller offers the customer additional goods free of charge as a gift together with the sold goods, it is up to the customer whether he/she accepts the offered gift. However, the gift is not a sold item, therefore the seller is not liable for any defects therein. If the customer becomes entitled to withdraw from a purchase contract (refund), the customer is obliged to return to the seller everything he/she received, i.e. also the goods received as a gift.

The consumer may make a complaint at any of the seller's establishments where receiving a complaint is possible with regard to the products sold or services provided, or at a designated person who is obliged to process the complaint. 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 repair of the defect at the place where the product is located, or agree with the seller (designated person) on the method of transporting the product.

Complaints may be made:

• in person at the address: JARLU spol. s r.o., Sv. Martina 1360/67, 013 06 Terchová, Slovak Republic (It is necessary to prove that the product was purchased from the seller and that it is still under warranty. The law does not specify the document that should serve as proof. The seller recommends to use a proof of purchase or Warranty Card).
• by post to the address: JARLU spol. s r.o., Sv. Martina 1360/67, 013 06 Terchová, Slovak Republic (It is necessary to prove that the product was purchased from the seller and that it is still under warranty. The law does not specify the document that should serve as proof. The seller recommends to use a proof of purchase or Warranty Card).

1. Before making a complaint, the seller recommends (as an option) the buyer to complete the complaint form at https://www.topanocky.eu/reklamacny-formular

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

The seller hereby informs the buyer that it is possible to use the complaint form available on the seller's website to make a complaint. In order for the consumer to be able to make a complaint about a defect in a purchased product, it is enough to prove that the product was purchased from a specific seller and that it is still under warranty. The law does not specify the document that should serve as proof. The Civil Code (Section 620) provides that, if the nature of the item allows it, it is sufficient to issue a proof of purchase instead of a warranty card. However, the seller is obliged to provide a written warranty (warranty card) at the request of the buyer. It follows from the above that if the seller does not provide additional information about a product in a warranty card, or a warranty period longer than the statutory one, requiring both a proof of purchase and a warranty card when making a complaint at the seller is redundant (but both are necessary at a warranty service centre). If the consumer exercises the right to repair a defect or to replace a defective product with a flawless one, a proof of purchase from an electronic cash register is not required. The seller may not refuse to accept a complaint from the consumer if the consumer can prove that the defective product was purchased from the seller and is within the warranty period.

Warranty period during the processing of complaints: the warranty period does not run during the processing of a complaint. After the processing of a valid complaint, the warranty period is extended by the duration of the processing. In case of an invalid complaint, the warranty period is not extended. If a complaint is settled by replacement, any further complaint is considered the first complaint about the goods.

Warranty for replaced items: a new warranty period commences from the day of receipt of a new item.

Complaint information:

• In case of a defect that can be repaired, the consumer has the right to have it repaired free of charge, duly and in time. The seller is obliged to repair the defect without undue delay.
• Instead of repairing the defect, the consumer may request the replacement of the item, or if the defect concerns only a part of the item, the replacement of that part, if this does not result in disproportionate costs for the seller considering the price of the goods or the severity of the defect.
• The seller may always replace the defective item with a flawless one instead of repairing the defect if this does not cause serious difficulties for the buyer.
• In case of a defect that cannot be repaired and which prevents the item from being properly used as a defect-free item, the consumer has the right to have the item replaced or to withdraw from the contract.
• The same rights apply to if the consumer cannot properly use an item due to the reappearance of a repairable defect after repair or due to a larger number of defects.
• In case of other irreparable defects, the consumer has the right to a reasonable discount on the price of the item.
• If an item sold at a lower price or a used item 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 item replaced. In case of an irreparable defect which does not prevent the proper use of the product, the consumer has the right to a reasonable discount on the price of the product.
• If the consumer has the right to have the goods replaced or to withdraw from a contract (refund), it is up to the consumer to decide which of these rights to exercise. However, as soon as he/she chooses one of these rights, he/she may not unilaterally change this choice.
• In case of a refund, the seller will refund the consumer only the amount that represents the value of the purchased goods. Transport costs are borne by the consumer.
• If the consumer makes a complaint, the seller or an employee authorised by it, or a designated person is obliged to inform the consumer about his/her rights as stated above.

Determining the complaint processing method: Based on the right that the consumer has decided to exercise, the seller is obliged to determine the complaint processing method:

• immediately,
• in complex cases no later than 3 working days from the date of the complaint,
• in justified cases, especially if a complex technical assessment of the condition of the goods or services is required, no later than 30 days from the date of the complaint.

In accordance with the provision of Section 18(4) of the Consumer Protection Act, the seller is obliged to process the complaint within 30 calendar days, regardless of how the consumer purchased the goods.

The nature of complaint processing: Pursuant to Section 2(m) of the Consumer Protection Act, processing of a complaint means the completion of a complaint procedure by handing over a repaired product, replacing a product, refunding the purchase price of a product, providing an appropriate discount on the product price, issuing a written request to take over performance or a justified rejection. Pursuant to Section 122(1) of the Civil Code, the period expressed in days commences on the day that follows the event that is decisive for its beginning. After ineffectual expiry of the period for processing a complaint, the consumer has the right to withdraw from the purchase contract or to have the goods replaced with new goods.

Complaints within 12 months after purchase: If the consumer makes a complaint about goods within the first 12 months after purchase, the seller may reject the complaint only on the basis of an expert assessment; regardless of the result of the expert assessment, the consumer may not be required to pay the costs of the expert assessment or other costs related to it. 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 after the day the complaint was processed.

Complaints after 12 months after purchase: If the consumer makes a complaint about a product after 12 months after purchase and the seller rejects it, the seller is obliged to indicate in the proof of complaint processing to whom the consumer may send the product for expert assessment (forensic expert, authorised person, designated person). If the expert assessment is in favour of the consumer, he/she may make a complaint again; a remade complaint may not be rejected. The costs of the expert assessment as well as all other related, reasonably incurred costs are borne by the seller. The seller is obliged to reimburse the consumer for all costs incurred for the expert assessment as well as all other related costs within 14 days after the date of the remade complaint.

Costs of expert assessment: If the consumer sends the goods to a designated person for expert assessment, the costs of the expert assessment as well as all other related, reasonably incurred costs are always borne by the seller during the entire warranty period regardless of the result of the expert assessment. However, if the goods are sent for expert assessment to a person other than the designated person, i.e. to a forensic expert or an authorised, notified or accredited person, the seller is obliged to reimburse the consumer for the costs of the expert assessment as well as all other related, reasonably incurred costs only if the expert assessment proves the seller's responsibility for the claimed defect, and to do so within 14 days after the date of the remade complaint.

The expert assessment must include:

• identification of the person performing the expert assessment,
• exact identification of the assessed product (serial or production number, for example),
• description of the product's condition,
• assessment result,
• date of the expert assessment.

Expert assessment may only be performed by:

• a forensic expert under Act No. 382/2004 Coll. on Forensic Experts, Interpreters and Translators.
• authorised, notified or accredited person under Sections 11(1), 2(1)(f), and 22(4) of Act No. 264/1999, and Section 15 of Act No. 90/1998 Coll.
• authorised service centre (a person authorised by the manufacturer to carry out warranty repairs).

The seller is obliged to issue a confirmation to a customer making a complaint. A copy of the complaint form serves as a confirmation. In addition to the seller's and the consumer's contact details, this confirmation should include a description of the defect and whether the consumer requires repair, replacement, withdrawal from a contract, or a discount on the purchase price, depending on the nature of the defect, as well as the date of the complaint. If a complaint is made via means of remote communication, e.g. by telephone, the seller is obliged to deliver the complaint confirmation to the consumer as soon as possible, but at the latest together with the proof of complaint processing. A complaint confirmation does not have to be delivered if the consumer has the option to prove the making of the complaint in another way, e.g. by email. The seller is obliged to issue a written proof of complaint processing no later than 30 days after the date of the complaint. This written proof may take the form of a copy of the complaint form with the complaint processing field completed, a letter containing a written notification of complaint processing, or an SMS or email message containing information about complaint processing with a written confirmation of its sending.

Cooperation of the buyer: The consumer is obliged to promptly provide the seller or authorised service centre with any cooperation necessary to verify the existence of the defect complained about and to remove it (including any necessary testing or dismantling of the goods). The consumer is also obliged to deliver the goods clean and in proper packaging in accordance with hygiene regulations or general hygiene principles, including all its parts and accessories, enabling such assessment and removal of the defect. The consumer is obliged to take over the goods from the warranty repair service centre within one month at the latest after notification of its completion.

No provision of any law imposes an obligation on the seller to provide replacement goods to the consumer for the time the complaint is processed.

The seller informs the buyer about the competent supervisory authority: Slovak Trade Inspection. The Slovak Trade Inspection, as an internal market control body, does not examine the validity of complaints, but only whether all complaint-related legal conditions arising under the Consumer Protection Act have been met. Other supervisory authorities, depending on the goods or services offered in the online store, include:

• State Veterinary and Food Administration
• Regional Public Health Office

Information on online alternative dispute resolution (ADR) for the online shop

1. The seller hereby also informs customers (consumers) that Act No. 391/2015 Coll. on the Alternative Resolution of Consumer Disputes and on Amendments to Certain Acts takes effect on 1 February 2016. The aim of this act is to allow consumers to resolve their dispute with the seller quickly, efficiently, less formally and, above all, free of charge or with only minimal costs. It aims for an amicable settlement or agreement between the consumer and the seller on the resolution of the dispute, which becomes a binding legal document after both parties agree to its wording. The Regulatory Office for Network Industries, the Regulatory Authority for Electronic Communications and Postal Services, and the Slovak Trade Inspection are alternative dispute resolution bodies under the law. The Slovak Trade Inspection is also a residual entity entitled to resolve disputes outside the competence of other bodies, except for disputes related to contracts for the provision of financial services. Pursuant to Section 11 of Act No. 391/2015 Coll. on the Alternative Resolution of Consumer Disputes and on Amendments to Certain Acts, the consumer has the right to contact the seller with a request for redress if he/she is not satisfied with the way in which the seller processed his/her complaint or if he/she believes that the seller has violated his/her rights. In case of a dispute with a seller concerning at least EUR 20, the consumer has the right, after exhausting all options to resolve the dispute, to turn to an alternative dispute resolution body. The legislation applies not only to "domestic" disputes, but also to "cross-border" disputes, i.e. disputes between foreign consumers and sellers on the territory of the Slovak Republic. The alternative dispute resolution body will resolve the dispute within 90 days from the date of its initiation, notifying the petitioner of any and each 30 day extension.
2. If the consumer is not satisfied with the way the seller processed his/her complaint or if the seller violated his/her rights, he/she may submit a petition to the competent body. This does not exclude the option of resolving disputes before a court. In order to ensure the smooth progress of dispute resolution, the law requires mandatory cooperation from the seller.
3. Alternative dispute resolution body:

Slovak Trade Inspection, Central Inspectorate, Department for International Relations and Alternative Resolution of Consumer Disputes, Prievozská 32, p. p. 29, 827 99 Bratislava 27, Slovak Republic.

Web: http://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi

Email: This email address is being protected from spambots. You need JavaScript enabled to view it., This email address is being protected from spambots. You need JavaScript enabled to view it.

1. The consumer may submit a petition pursuant to Section 12 of Act No. 391/2015 Coll. on the Alternative Resolution of Consumer Disputes and on Amendments to Certain Acts, and electronically via the online dispute resolution (ODR) platform at: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Alternative dispute resolution is reserved exclusively for natural persons/consumers, not shopping entrepreneurs. The resolution of the dispute takes place between the consumer and the seller who have concluded a distance contract and whose dispute concerns at least EUR 20. The seller hereby also informs consumers about the option to submit requests, proposals, suggestions and attempts to prevent disputes individually and electronically to the email address: This email address is being protected from spambots. You need JavaScript enabled to view it.

The wording of this Complaints Procedure is effective since 15 February 2018.