INTERNET SHOP COMPLAINTS ORDER WWW.DIONID.COM
1. INTRODUCTORY PROVISIONS
1.1. DIONID a. s., IČO 53 021 193, with its registered office at Bárdošova 30, 831 01 Bratislava, entered in the Commercial Register of the District Court Bratislava I, Section: Sa, File no. 7081 / B (hereinafter referred to as the “seller“), bank connection: Fio banka, a.s., branch of a foreign bank, no. account: IBAN: SK67 8330 0000 0025 0179 9219, operates an online store at www.dionid.com (hereinafter referred to as the “online store“).
1.2. The seller issues these complaint rules in accordance with the relevant provisions of Act no. 250/2007 Coll. on consumer protection and the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter also referred to as the “Consumer Protection Act“), Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the seller’s premises and amending certain laws (hereinafter also referred to as the “Act on consumer protection in the sale of goods under a distance contract“), By this complaint procedure, the seller informs consumers about the conditions and manner of the complaint, about the procedures for filing and handling complaints, complaints and suggestions of consumers, including information on where the complaint can be made and about warranty claims related to goods purchased in the online store.
1.3 This complaint procedure, including the provided warranty, does not apply to the goods, resp. claims for defects in goods that have been purchased on the online store by any person who, for the Consumer Protection Act resp. for the Consumer Protection Act when selling goods on the basis of a distance contract, it is not considered a consumer. The rights and obligations arising from the assertion of claims for defects in goods, as well as the procedure and manner of settling the asserted claims for defects in goods, in the case under the previous sentence, are governed by the relevant provisions of Act no. 513/1991 Coll. Commercial Code as amended and possibly other related regulations governing the status and assertion of claims for defects in goods between business entities.
2. LIABILITY FOR DEFECTS IN SOLD GOODS
2.1. The rights and obligations of the contracting parties concerning the consumer’s rights from defective performance and the seller’s liability for defects in the goods sold are governed by the provisions of § 619 et seq. Of the Civil Code, as well as the relevant provisions of the Consumer Protection Act.
2.2 The seller is responsible for defects in the goods sold when taken over by the consumer. If the subject of the purchase contract is used goods, the seller is not liable for defects caused by its use or wear. In the case of goods sold at a lower price, the seller is not liable for the defect for which a lower price was agreed. The seller is also not responsible for defects in the goods, which the consumer was notified when concluding the purchase contract.
3. WARRANTY PERIOD
3.1. The consumer is provided with a warranty period of 24 months for the delivered goods. By a statement in the guarantee certificate issued to the consumer, the seller may provide a guarantee for selected types of goods exceeding the period specified in the previous sentence, while the seller specifies the conditions and scope of this guarantee in the guarantee certificate.
3.2 If the subject of the purchase contract is used goods, the seller and the consumer may agree on a shorter warranty period, but not shorter than 12 months.
3.3 The warranty period starts from the day of receipt of the item by the consumer. The rights from the liability for defects of the goods, for which the warranty period applies, expire if they were not exercised during the warranty period.
4. CONSUMER RIGHTS FROM LIABILITY FOR GOODS DEFECTS
4.1. A defect in the goods is not considered to be a change in the characteristics of the goods that occurred during the warranty period (i) due to wear, misuse, insufficient or inappropriate treatment, (ii) due to natural changes in the materials from which the goods are made; as a result of any damage to the consumer or a third party or any other incorrect intervention.
4.2 In the event that the consumer complains about the goods in connection with a defect that can be removed in a timely and proper manner, while its occurrence or removal would not affect the appearance and quality of the goods, the consumer has the right to:
- free, timely and proper removal of the claimed defect,
- exchange of goods or parts of goods, if the seller does not incur disproportionate costs due to the price of the goods or the severity of the defect,
- exchange of goods if the consumer is unable to use the goods properly due to the recurrence of the defect after repair or due to many defects.
4.3 In the event that the consumer complains about the goods in connection with an irreparable defect, which prevents the goods from being properly used as goods without defects, the consumer has the right to:
- exchange of goods,
- withdrawal from the contract.
4.4 In the event that the consumer complains about the goods in connection with an irreparable defect than the one mentioned in the previous paragraph (e.g. in connection with an irreparable defect which does not prevent the goods from being properly used as defect-free goods), the consumer is entitled to a reasonable discount from the price of things.
4.5 The Consumer is entitled to reimbursement of the necessary costs incurred by the consumer in connection with the exercise of the right of liability for defects.
5. PROCEDURE FOR APPLYING LIABILITY FOR GOODS DEFECTS – COMPLAINTS
5.1 Defects of the goods must be claimed by the consumer from the seller without undue delay after finding the defect of the goods.
5.2 The rights arising from liability for defects in the goods are applied by the consumer to the seller by a type of transport suitable for this type of goods together with a copy of the tax document and the reason for the complaint sent to DIONID a.s., Bárdošova 30, 831 01 Bratislava. The seller recommends the consumer to send an informative e-mail to <firstname.lastname@example.org> so that the seller is aware of the complaint, as the delivery error is not excluded.
The moment of claiming liability for defects in the goods – a complaint is considered as the moment of delivery of the claimed goods together with all statutory documents and accessories to the seller.
5.3 Each product purchased from the seller is accompanied by a proof of purchase of goods upon delivery to the consumer, which also serves as a warranty document (warranty card). It is possible to complain only about goods purchased from the seller, which is fully paid.
5.4 For proper and timely handling of the complaint, the seller recommends to the consumer that the consumer describe as accurately as possible the defect for which the goods are complained, while the seller is obliged to deal only with the defect of the goods that were claimed by the consumer. At the same time, the seller recommends that the consumer states his contact details in the complaint, where the seller can contact him, the current delivery address, including the current e-mail address.
5.5 When exercising liability for defects in the goods, the consumer is obliged to prove that he has purchased the claimed goods from the seller. For this purpose, the seller recommends that you submit proof of purchase.
5.6 If the Consumer files a complaint, the seller or an employee authorized by him is obliged to inform the consumer of his rights arising from claims for liability for defects of goods during the warranty period under the Civil Code and based on the decision of these rights the consumer, the seller or employee authorized by the method of handling the complaint immediately, in complex cases no later than 3 (three) working days from the date of the complaint, in justified cases, especially if a complex technical assessment of the condition 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 complaint will be settled immediately, in justified cases, the complaint can be settled later; however, the settlement of the complaint may not take longer than 30 days from the date of the complaint. After the expiration of the period for handling the complaint, the consumer has the right to withdraw from the purchase contract or has the right to exchange the goods for new goods.
5.7 Complaint handling for these Complaints Rules means the termination of the complaint procedure (i) delivery of repaired goods, (ii) exchange of goods, (iii) return of the purchase price of goods, (iv) payment of a reasonable discount on the price of goods, (v) written request to take over performance or (vi) its reasoned refusal.
5.8 When making a complaint, the seller will issue a confirmation of the complaint to the consumer. If the complaint is made by means of long-distance communication, the seller is obliged to deliver the confirmation of the complaint immediately; if it is not possible to deliver the confirmation immediately, the seller shall deliver it without undue delay, but no later than together with the proof of the complaint; A confirmation of the claim need not be delivered if the consumer has the opportunity to prove the claim in another way. The acknowledgement of receipt of the complaint will contain, among other things, the identification of the seller and the consumer, which is the content of the complaint according to the consumer, what method of handling the complaint requires, the date and place of receipt of the complaint and the signature of the seller.
6. PROCEDURE FOR PROCESSING A COMPLAINT
6.1. If the consumer has lodged a claim for the goods within the first 12 months of concluding the purchase contract, the seller may only settle the claim on the basis of a written expert opinion or opinion issued by an authorized, notified or accredited person or the person authorized by the manufacturer to carry out warranty repairs. Irrespective of the result of the expert assessment, the seller may not require the consumer to pay the costs of the expert assessment of the goods or other costs related to the expert assessment of the goods.
6.2 The seller shall 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.
6.3 If the Consumer has complained about the goods 12 months after the conclusion of the purchase contract and the seller has rejected it, the person who handled the complaint is obliged to state in the complaint document to whom the consumer can send the goods for a professional assessment. If the consumer sends the goods for expert assessment to the designated person specified in the document on the handling of the complaint, the costs of the expert assessment of the goods, as well as all other related purposefully incurred costs shall be borne by the seller, regardless of the result of the expert assessment. If the consumer proves by professional assessment the responsibility of the seller for the claimed defect of the goods, he can file a complaint again; the warranty period does not expire during the professional assessment of the goods. The seller is obliged to reimburse the consumer within 14 days from the date of the re-filed complaint all costs incurred for the professional assessment of the goods, as well as all related purposefully incurred costs. A re-submitted claim cannot be rejected.
6.4 The seller is obliged to inform the consumer that the complaint has been settled and in what way, to the electronic address provided during the complaint or through other contact details, according to which it will be possible to notify the consumer of the handling of the complaint. In this notice, the seller shall state the deadline for the collection of the claimed goods. 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.
6.5 In the event that the consumer does not pick up the claimed goods within the specified period by the seller or fails to deliver the claimed goods to the address notified to the seller in the complaint or known to the seller from the order, the seller is entitled to charge reasonable storage or sell the goods on his behalf. The seller must notify the consumer in advance of this procedure and give him a reasonable time to take over the goods or to announce a new delivery address.
7. FINAL PROVISIONS
7.1. This complaint procedure forms an integral part of the seller’s business conditions, while it is in accordance with the provisions of § 18 par. 1 of the Consumer Protection Act placed on the website of the online store and the business conditions of the seller also refer directly to this complaint procedure.
7.2 In the event of the existence of a different arrangement specified in these complaint rules and the business conditions of the seller, the wording of these complaint rules takes precedence.
7.3. The seller is entitled to change the wording of these complaint rules at any time, and the new wording will take effect upon its publication.