I. General provisions
1.1.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”), Act No. 250/2007 Coll., the Consumer Protection Act, as amended (hereinafter 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, as amended, and Act No. 22/2004 Coll. on Electronic Commerce, as amended. And regulates the legal relationship between the Seller, which is:
1.2.The Seller is the company
Business name: W – TRADE s.r.o.
Registered office: Ulica Svornosti 42, Bratislava, 821 06, Slovak Republic
Registered in the Register of the District Court Bratislava I, Section Sro, Entry No. 9973/B
ID: 31 406 971
VAT ID: SK2020338870
Bank account: SK48 1100 0000 0029 4811 7245
(hereinafter also referred to as the “Seller”) and any person who is a Buyer of goods or services offered by the Seller on the Seller’s Website and who acts in the position of a consumer within the meaning of the provisions of the General Terms and Conditions published on the Seller’s Website, these Complaints Regulations and the relevant laws defining a consumer, within the meaning of the applicable legislation of the Slovak Republic, in particular the following laws: 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, as amended, Act No. 250/2007 Coll. No. 40/1964 Coll. Civil Code as amended
1.3.Email contact and telephone contact to the Seller is:
Tel: +421 919 111 111
1.4.The address for sending documents, complaints, withdrawals from contracts, etc. is:
W – TRADE s.r.o., Ulica Svornosti 42, Bratislava, 821 06, Slovak Republic
1.5.This Complaints Procedure regulates the rights and obligations of the Buyer, who is a consumer, when exercising the rights from defects of the item (goods) or services under the concluded distance purchase contract with the Seller through the Seller’s e-shop www.wstore.sk.
1.6.The Buyer is any person (natural person or legal entity) who has concluded a purchase contract with the Seller via the Seller’s website or other remote means of communication.
1.7 A consumer is a Buyer who is a natural person and who, when concluding a purchase contract via the Seller’s website, does not act within the scope of his/her business activity.
1.8.This Complaints Procedure regulates the legal relations between Buyers who are consumers and the Seller. Except as provided in clause 4.12 of these Complaints Regulations (Seller’s statement on the warranty period if the Buyer is not acting in the capacity of a consumer).
1.9.Products (hereinafter also referred to as “Items”) are goods, services which are intended for sale and are also published on the Seller’s Website.
1.10.The term Goods also includes electronic content not delivered on a tangible medium.
2.1.The relations arising from the Seller’s liability for defects in goods or services (as well as other legal relations that may arise from the contractual relationship) with natural persons who are not acting within the scope of their business activity (consumers) when concluding a contract of sale are subject to the general provisions of Act No. 40 /1964 Coll., the Civil Code, as amended, also special regulations, in particular 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 Act No. 250/2007 Coll. on consumer protection.
2.2.Legal relations arising from the application of rights of liability for defects between the Seller and the Buyer, who is a legal person or a natural person entrepreneur acting within the scope of his business activities /persons who are not in the position of a consumer/ are governed by Act No. 513/1991 Coll., the Commercial Code, as amended. Except as provided in point 4.12. of these Complaints Regulations (Seller’s statement on the warranty period in the case where the Buyer is not acting in the capacity of a consumer).
2.3.Pursuant to §3, paragraph 1, letter n), Act No. 102/2014 Coll. The Seller informs the Consumer that there are no special relevant codes of conduct to which the Seller has committed itself, whereby a code of conduct means an agreement or a set of rules defining the Seller’s conduct, which the seller has undertaken to comply with that code of conduct in relation to one or more specific commercial practices or sectors of trade, unless these are laid down by law or by other legislation or by action of a public authority) which the seller has undertaken to comply with, and the manner in which the consumer may acquaint himself with them or obtain the text thereof.
III. Liability of the Seller for defects in products (goods and services)
3.1.The Seller is obliged to deliver the item (goods) or service in accordance with the concluded purchase contract, i.e. in the required quality, quantity and without defects (factual, legal).
3.2.The Seller shall be liable for defects in the sold item or service upon receipt by the Buyer. If the goods are not used, the Seller shall be liable for defects that occur after the acceptance of the goods within the warranty period (warranty). The Seller recommends the Buyer to claim defects in the goods or services from the Seller without undue delay. In the case of used goods, the Seller shall not be liable for defects caused by their use or wear and tear. In the case of goods sold for a lower price, the Seller shall not be liable for the defect for which the lower price was agreed.
3.3.The Buyer is entitled to inspect the sold item or service prior to acceptance.
IV. Warranty period
4.1.The warranty period is 24 months. The warranty period in respect of a used item is 12 months. Warranty periods begin upon receipt of the item or service by the Buyer.
4.2.Unless the item is perishable or used, the Seller shall be liable for defects that occur after receipt of the item within the warranty period (warranty). The warranty period is 24 months. If a period of use is indicated on the sold item, its packaging or the instructions accompanying it, the warranty period shall not expire before the expiry of this period.
4.3.If the item is second-hand, the Buyer and the Seller may also agree on a shorter warranty period, but not less than 12 months.
4.4 For items which are intended to be used for a longer period of time, special regulations provide for a warranty period longer than 24 months. A warranty period exceeding 24 months may also cover only a part of the item.
4.5 At the Buyer’s request, the Seller is obliged to provide the warranty in writing (warranty certificate). If the nature of the item allows it, it is sufficient to issue a proof of purchase instead of a warranty certificate.
4.6.By a statement in the warranty certificate issued to the Buyer or in an advertisement, the Seller may provide a warranty exceeding the scope of the warranty provided for in this Act. The Seller shall specify the terms and extent of such warranty in the warranty certificate.
4.7 Warranty periods shall commence from the Buyer’s acceptance of the item. If the purchased item is to be put into operation by a business other than the Seller, the warranty period shall commence only from the date of putting the item into operation, provided that the Buyer has ordered the putting into operation within three weeks from the receipt of the item at the latest and has duly and timely provided the necessary cooperation for the performance of the service.
4.8.If the item is replaced by a new item, the warranty period shall start again from the receipt of the new item.
4.9.If a part of the new item is replaced where the nature of the item allows it. The warranty period for that part starts again from the receipt of the new item. The same shall apply if a part of the item for which a guarantee has been provided is replaced.
4.10.Liability rights for defects in the item for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period.
4.11.The warranty period shall be extended by the period for which the goods have been under claim. Liability rights for defects in the goods for which the warranty period applies shall be extinguished if they have not been asserted within the warranty period.
4.12.Pursuant to § 429, paragraph 2 of Act No. 513/1991 Coll., Commercial Code, as amended, the Seller declares that in the case of the length of the warranty period in commercial relations between the Seller and the Buyer, who does not act in the capacity of a consumer, the Seller assumes the warranty for the quality of the goods for a duration of 12 months. The warranty period shall commence in accordance with the provisions of Art. IV, point 4.1 of this Complaints Procedure.
V. Procedure for the exercise of liability for defects (Complaints)
5.1.The Buyer is entitled to exercise the rights of liability for defects in the goods, goods or services at W – TRADE s.r.o., Ulica Svornosti 42, Bratislava, 821 06, Slovak Republic
The Buyer may always exercise the right to make a claim in person at any of the Seller’s establishments where the acceptance of the claim is possible due to the nature of the item, or at the Seller’s registered office, or through third parties, e.g. transport companies, mail order companies, Slovak Post, etc. The Seller recommends the Buyer to use the following Claim Form to make a claim.
When making a claim, the Seller recommends the Buyer to provide an invoice, warranty certificate or other document proving the purchase of the claimed goods or services from the Seller. The Seller recommends that the Buyer describe the defect in the goods or services when making a claim.
5.1.1.If the Buyer claims the goods or service otherwise than in person, the Seller recommends the Buyer to send the goods together with a detailed description of the defect of the goods and a document proving the purchase of the goods from the Seller (e.g. proof of payment, invoice, warranty card), in order to speed up the claim process.
5.1.2.In case of a complaint, we recommend sending the goods by registered mail. The Seller recommends not to send the Goods in the form of cash on delivery, which will not be accepted by the Seller.
5.1.3.The Seller is obliged to issue a confirmation to the Consumer when making a claim. If the claim is made by means of remote communication, the Seller is obliged to deliver the confirmation of the claim to the Consumer immediately; if the confirmation cannot be delivered immediately, it must be delivered without undue delay, but at the latest together with the proof of the claim; the confirmation of the claim does not have to be delivered if the Consumer has the possibility to prove the claim in another way.
5.1.4. The Seller shall be obliged to issue a written proof of the complaint within 30 days from the date of the complaint, but no later than together with the proof of the complaint, if the time limit for its processing started to run from the date of receipt of the subject of the complaint by the Seller.
5.2.The settlement of the complaint shall not affect the consumer’s right to compensation for damages under a special regulation.
5.3.The Seller is obliged to determine the method of handling the complaint pursuant to Section 2 letter m) of Act No. 250/2007 Coll. as amended (the handling of the complaint shall be understood as the termination of the complaint procedure by handing over the repaired product, replacing the product, refunding the purchase price of the product, paying a reasonable discount on the price of the product, a written invitation to take over the performance or its reasoned rejection) immediately, in complex cases no later than within 3 working days from the date of filing the complaint, in justified cases, in particular if a complex technical evaluation of the condition of the product or service is required, no later than within 30 days from the date of filing the complaint. Once the method of handling the complaint has been determined, the complaint shall be handled immediately; in justified cases, the complaint may be handled later; however, the handling of the complaint shall not take longer than 30 days from the date on which the complaint was lodged. If the acceptance of the subject of the complaint by the Seller occurs on a day later than the day on which the complaint is made, the time limits for the settlement of the complaint under this paragraph shall begin to run from the date of acceptance of the subject of the complaint by the Seller; however, at the latest from the moment when the Seller makes it impossible or prevents the acceptance of the subject of the complaint. After the expiry of the period for processing the complaint, the consumer shall have the right to withdraw from the contract or to have the product (the subject of the complaint) replaced by a new product.
5.4.If the Consumer has made a claim for the Product within the first 12 months of purchase, the Seller may settle the claim by rejecting it only on the basis of a professional assessment; irrespective of the outcome of the professional assessment, the Consumer may not be required to pay the costs of the professional assessment or any other costs related to the professional assessment. The Seller shall provide the Consumer with a copy of the professional assessment justifying the rejection of the complaint no later than 14 days from the date of the complaint.
5.5.If the consumer has made a claim for the product after 12 months from the date of purchase and the Seller has rejected it, the person who handled the claim is obliged to indicate in the claim handling document to whom the consumer may send the product for professional assessment. If the product is sent to a designated person for expert assessment, the costs of the expert assessment as well as all other related costs reasonably incurred shall be borne by the Seller regardless of the outcome of the expert assessment. If the consumer proves the Seller’s liability for the defect through the professional assessment, he/she may file the claim again; the warranty period shall not expire while the professional assessment is being carried out. The Seller is obliged to reimburse the Consumer within 14 days from the date of reasserting the claim for all costs incurred for the professional assessment, as well as all related costs reasonably incurred. A reasserted claim cannot be rejected.
5.6 The consumer is entitled to reimbursement of the necessary costs (in particular the postage costs paid by the consumer when sending the goods complained of) incurred in connection with the exercise of the consumer’s legitimate rights under the liability for defects in goods and services. In the event of withdrawal from the contract due to a defect in the goods or services, the consumer is also entitled to reimbursement of the costs of such withdrawal.
5.7.The requirements of a professional assessment within the meaning of clause 5.4 of this article:
The professional assessment must include:
(a)identification of the person carrying out the professional assessment,
(b)a precise identification of the product under assessment,
(c)a description of the condition of the product,
(d)the result of the assessment,
(e)the date on which the expert assessment was made.
5.8.If the nature of the product allows it, the consumer shall hand over the product to the Seller (designated person) when making a claim. If the nature of the product does not allow the delivery of the product to the Seller (designated person), the consumer may, when making a claim, request the removal of the defect at the place where the product is located or agree with the Seller (designated person) on the method of transportation of the product.
5.9.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 completion of the repair shall not be counted in the warranty period. The Seller is obliged to issue the Buyer with a confirmation of when the Buyer exercised the right, as well as of the repair and the duration of the repair.
VI. Rights of the Buyer when exercising rights under liability for defects
6.1.If it is a defect that can be remedied, the Buyer has the right to have it remedied free of charge, in a timely and proper manner. The Seller is obliged to remove the defect without undue delay.
6.2.The Buyer may, instead of removing the defect, require replacement of the item or, if the defect relates only to a part of the item, replacement of the 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.
6.3.The Seller may always, instead of removing the defect, replace the defective item with a faultless one, if this does not cause the Buyer serious inconvenience.
6.4.If there is a defect which cannot be removed and which prevents the item from being properly used as a non-defective item, the Buyer shall have the right to have the item replaced or to withdraw from the contract. The same rights shall apply to the Buyer if the defects are remediable, but if the Buyer cannot properly use the item due to the reoccurrence of the defect after repair or due to a greater number of defects.
6.5.If there are other irremediable defects, the Buyer is entitled to a reasonable discount on the price of the item.
VII. Final provisions
7.2.In the event of a change in the Complaints Policy, the relationship between the Buyer and the Seller shall be governed by the Complaints Policy in force and in effect at the time of conclusion of the Purchase and Sale Agreement, until its termination.
7.3.These Complaints Regulations shall be valid and effective at the moment of their publication on the Seller’s Website on 27.10.2021
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