REKLAMAČNÝ PORIADOK

SPOLOČNOSTI HOME GALLERY s.r.o.

Registered office: Trenčianska Turná 4002, 913 21 Trenčianska Turná, Slovakia
Company ID: 53 059 646

Registered in the Commercial Register of the District Court Trenčín, Section Sro, File No. 44478/R

I. Liability

1.1 The Seller is responsible to the Buyer for ensuring that the goods are free from defects at the time of delivery. The Seller is liable for defects existing when the Buyer receives the goods or which occur during the warranty period after delivery.

In particular, the Seller guarantees that:

• the goods possess the characteristics agreed upon by the parties or, if not specifically agreed, the characteristics customary for goods of that type considering their nature and intended use;
• the goods are suitable for the purpose stated by the Seller or for the purpose for which goods of that type are normally used;
• the quality and workmanship correspond to the agreed sample or model, where applicable;
• the goods are supplied in the agreed quantity, size or weight;
• the goods comply with all applicable legal regulations.

1.2 The Seller shall not be liable for defects, particularly where:

• the goods were sold as used goods and the defect resulted from previous use or normal wear and tear;
• the defect already existed when the Buyer accepted the goods and a discount was granted because of that defect;
• the same defect had already been claimed and the Buyer received a price reduction as compensation;
• the defect was caused by the Buyer;
• the defect resulted from installation contrary to the instructions supplied by the Seller;
• the defect resulted from improper use, maintenance, storage or transportation by the Buyer contrary to the supplied instructions or inappropriate considering the nature and purpose of the goods;
• the defect is ordinary wear and tear resulting from normal use.

1.3 The following shall not be considered defects:

• colour or texture differences;
• differences in pattern thickness, weight, strength or durability compared to samples;
• natural characteristics of:
  • natural materials (e.g. leather, wood, feathers),
  • textile and synthetic materials (e.g. slight variations in fabric pattern or colour shade),
  • painted or lacquered surfaces.

1.4 Upon delivery, the Buyer is obliged to inspect the goods carefully, particularly whether:

• the goods show visible damage;
• the packaging is intact;
• the delivery is complete.

If the packaging is damaged or there is other visible damage that may have affected the goods, the Buyer is entitled to request an inspection and is not obliged to accept the damaged goods.

If the Buyer nevertheless accepts the goods, they shall describe the damaged packaging, damaged goods or missing items (number of parcels/packages) in the delivery note before signing it.

By signing the delivery note without remarks, the Buyer confirms that:

• the delivery was complete;
• the packaging was undamaged;
• the goods showed no visible defects.

1.5 If the defect can be repaired, the Buyer has the right to have it repaired free of charge, properly and within a reasonable time. The Seller decides how the defect will be remedied.

1.6 If doing so does not cause disproportionate costs to the Seller, particularly considering the price of the goods or the seriousness of the defect, the Buyer may request replacement of the goods instead of repair, or replacement of the defective component where only part of the goods is defective.

1.7 The Buyer has the right to replacement or withdrawal from the purchase contract if the defect is repairable but repeatedly reoccurs after repair, making proper use of the goods impossible.

A defect is considered repeatedly recurring if the same defect occurs for the third time after at least two previous repairs.

1.8 The Buyer has the right to replacement or withdrawal from the purchase contract if several repairable defects occur simultaneously and prevent proper use of the goods.

Three or more different repairable defects existing at the same time are considered a greater number of defects.

1.9 The Seller is always entitled to replace defective goods with defect-free goods, provided that doing so does not cause serious inconvenience to the Buyer.

1.10 If the defect cannot be repaired and prevents normal use of the goods, the Buyer has the right to replacement of the goods or withdrawal from the purchase contract.

1.11 If the defect cannot be repaired but does not prevent normal use, the Buyer has the right to an appropriate price reduction.

1.12 If the Seller fails to resolve the complaint within 30 days, the Buyer has the right to receive replacement goods or withdraw from the purchase contract.

1.13 Where the Buyer is entitled to either replacement or withdrawal from the contract, it is solely the Buyer's decision which remedy to choose. Once the Buyer has made this choice, it cannot be changed unilaterally. The Buyer's remedies are alternative, not cumulative.

II. Warranty Period

2.1 The Seller is liable for defects that exist when the Buyer takes delivery of the goods, as well as for defects that occur during the warranty period after delivery. The standard warranty period is twenty-four (24) months. The Seller may provide a longer warranty period by issuing a warranty certificate to the Buyer. The conditions and scope of such extended warranty shall be specified in the warranty certificate.

2.2 For used goods, the Seller is not liable for defects caused by previous use or normal wear and tear. The warranty period for used goods is twelve (12) months.

2.3 Where goods are sold at a reduced price, the Seller shall not be liable for defects for which the reduced price was agreed.

2.4 The warranty period begins on the day the Buyer takes delivery of the goods.

2.5 The period from the date the Buyer makes a warranty claim until the Buyer is obliged to collect the repaired goods shall not be included in the warranty period. If the goods are replaced, a new warranty period begins on the date the replacement goods are delivered.

2.6 Rights arising from defects covered by the warranty expire if they are not exercised within the warranty period.

III. Making and Handling Complaints

3.1 The Buyer must submit a complaint at the Seller's premises or to a person designated by the Seller. If the warranty certificate specifies another repair service provider located either at the Seller's place of business or closer to the Buyer, the Buyer shall exercise the right to repair with that designated service provider.

3.2 A complaint shall not be considered properly submitted unless the Buyer provides at least the following information:

• full name;
• address;
• email address or telephone number;
• purchase contract number or purchase date;
• identification of the claimed product (including the product code where possible);
• description of the defect.

3.3 Once a complaint has been properly submitted, the Seller, an authorised employee or a designated person shall determine the method of handling the complaint immediately. In complex cases, this shall be done no later than three (3) working days after the complaint is submitted. In justified cases, particularly where expert technical assessment is required, the method of handling the complaint shall be determined no later than 30 days after submission.

Once the method has been determined, the complaint shall be resolved immediately or, where justified, at a later date, but always within 30 days from the date the complaint was submitted.

3.4 The Seller shall issue the Buyer with written confirmation of the complaint upon submission. If the complaint is submitted electronically, the confirmation shall be sent to the Buyer's email address without undue delay.

3.5 The Buyer shall deliver the claimed goods to the Seller. If the goods are delivered or made available for inspection after the complaint has been submitted, the complaint handling period begins on the day the Seller receives the goods or is able to inspect them, provided the Buyer has supplied all necessary cooperation.

3.6 During the complaint procedure, the Seller is not obliged to provide replacement goods.

3.7 If the complaint is resolved by repair, the warranty period is extended by the time from submission of the complaint until the Buyer is able to collect the repaired goods, regardless of whether the Buyer actually collects them.

If the complaint is resolved by replacement, a new warranty period begins upon delivery of the replacement goods.

3.8 If the Buyer submits a complaint within the first 12 months after purchase, the Seller may reject the complaint only on the basis of an expert assessment. In such a case, the Seller shall provide the Buyer with a copy of the expert opinion justifying the rejection within 14 days after the complaint has been resolved.

If the complaint is submitted after the first 12 months and is rejected, the Buyer may arrange an independent expert assessment. If the assessment proves that the Seller is liable for the defect, the Buyer may submit the complaint again.

3.9 The Seller shall issue the Buyer with written confirmation of the complaint resolution within 30 days after the complaint was submitted, or together with the complaint resolution if the handling period started later.

3.10 The Buyer shall collect the repaired or replaced goods within 30 days after being notified that the complaint has been resolved.

The period from submission of the complaint until the Buyer is obliged to collect the goods shall not count towards the warranty period.

If replacement goods are supplied, a new warranty period begins upon delivery.

If the Buyer fails to collect the goods on time, the risk of accidental loss or damage passes to the Buyer. The Buyer shall also reimburse the Seller for any costs incurred due to the delay in collecting the goods.

IV. Additional Rights, Obligations and Information

4.1 The Buyer is entitled to reimbursement of reasonably incurred costs associated with a justified and properly submitted complaint. This right must be exercised with the Seller no later than one month after the expiry of the period for asserting warranty rights; otherwise, the right shall lapse.

4.2 This Complaints Policy is displayed in a visible place at each of the Seller's stores and on the Seller's website. By doing so, the Seller fulfils its obligation to properly inform consumers pursuant to Section 18(1) of the Slovak Consumer Protection Act.

4.3 The entity responsible for alternative dispute resolution is the Slovak Trade Inspection (SOI). The supervisory authority is the SOI Inspectorate for the Trenčín Region:

Hurbanova 59,
911 01 Trenčín, Slovakia
Email: tn@soi.sk
Tel.: +421 32 640 01 09
Fax: +421 32 640 01 08

Website: https://www.soi.sk

Alternatively, disputes may be resolved by another authorised ADR entity registered by the Ministry of Economy of the Slovak Republic.

Consumers may also use the European Commission's Online Dispute Resolution (ODR) platform available at:

https://ec.europa.eu/consumers/odr/

4.4 The Seller reserves the right to amend this Complaints Policy to ensure compliance with applicable legislation. Any complaint shall always be governed by the Complaints Policy that was valid and effective at the time the purchase contract was concluded.

4.5 The provisions of this Complaints Policy apply exclusively where the Buyer is a consumer. In all other cases, the rights and obligations arising from defects in goods shall be governed by the relevant provisions of Act No. 513/1991 Coll. (Commercial Code), as amended.

V. Special Provisions for Business Customers

5.1 If the Buyer is a business customer, the provisions of this Complaints Policy shall not apply unless expressly stated otherwise. Liability for defects shall instead be governed by Sections 422 et seq. of Act No. 513/1991 Coll. (Commercial Code), as amended.

5.2 The Seller shall not be liable for defects which the Buyer, acting as a business customer, knew about or should have known about at the time of concluding the purchase contract. Likewise, the Seller shall not be liable for defects which the business customer could have discovered upon inspection of the goods before acceptance, unless the Seller expressly guaranteed that the goods were free from defects.

5.3 A business customer may assert claims arising from defects that could have been identified with due professional care within six (6) months from delivery of the goods. Section 428(1)(c) of the Commercial Code shall not apply.

5.4 The Seller shall resolve complaints submitted by business customers within three (3) months.

5.5 A business customer is not entitled to claims arising from defects which could have been discovered during the inspection of the goods required under Section 427(1) and (2) of the Commercial Code, unless the Seller expressly assured the Buyer that the goods were free from defects or fraudulently concealed the defects.

5.6 If the business customer fails to notify the Seller of a defect without undue delay after it could have been discovered through proper inspection, the business customer loses the right to withdraw from the contract.

If the business customer does not specify, at the time of submitting the complaint or without undue delay thereafter, which remedy is being claimed, only repair of the defect or a reasonable price reduction may be requested.

5.7 The complaint procedure is deemed completed when the business customer is notified of the complaint resolution.

5.8 The business customer must collect the repaired or replaced goods within 30 days after being notified that the complaint has been resolved.

If this period expires, the Seller is entitled to sell the goods or the repaired/replaced part on behalf of the business customer. Before doing so, the Seller must notify the Buyer and provide an additional reasonable period for collection.

 

Prievidza, 1 June 2024