Complaints procedure of the internet shop www.leminxart.com issued in accordance with § 18 of Act no. 250/2007 on consumer protection, as amended (hereinafter referred to as the “Complaints Procedure”).
1. This Complaints Procedure is issued in accordance with Act no. 40/1964 Coll. Civil Code as amended, Act no. 205/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended, Act no. 02/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws as amended, Act no. 22/2004 on electronic commerce, as amended.
2. The seller is LEMINX, s.r.o. Staničná 21, 06601 Humenné, IČO: 53 148 541, DIČ: 2121281217 (hereinafter referred to as the “Seller”).
3. Pursuant to these Business Terms and Conditions, the Buyer means a natural or legal person who is a customer of the Goods from the Seller via the Internet shop at www.leminx.sk (hereinafter the “Store”) and who electronically sent the completed electronic Order to order the Goods ( hereinafter referred to as the “Buyer”).
4. A consumer is a natural or legal person who does not purchase goods for the purpose of selling them to other persons, for the purpose of business or the performance of employment or profession (hereinafter referred to as the “Consumer”).
5. Goods on the basis of these Terms and Conditions means all goods and services offered by the Seller, which are published on the website of the Store (hereinafter referred to as the “Goods”).
6. The Complaints Procedure regulates the rights and obligations of the Buyer in exercising the rights arising from defects in the Products in accordance with the concluded distance contract pursuant to the GTC with the Seller through the Store.
7. Notwithstanding other provisions, unless the Buyer is a Consumer (it is considered that if the Buyer stated his ID number when ordering the goods, he does not buy as a Consumer), the warranty for the Goods is provided exclusively to the extent specified by the warranty conditions of the Goods manufacturer. with § 429 par. 2 of the Commercial Code, about which the Buyer – entrepreneur will be informed and otherwise the Seller’s liability for defects is governed exclusively by the relevant provisions of the Commercial Code.
8. These Complaints Rules are in accordance with the provisions of § 18 par. 1 of the Consumer Protection Act published on the website www.leminxart.com.
Liability for defects of the Seller
9. The Seller is responsible for defects in the Goods that he had when taken over by the Buyer and for defects in the Goods that occurred during the warranty period (caused mainly by a defect in material, malfunction or defects caused during manufacture). The warranty period is 24 months, unless otherwise stated.
10. The warranty period begins to run from the date of receipt of the Goods by the Buyer.
11. For Goods sold at a lower price due to a defect, the warranty period is 24 months, Seller. however, it is not liable for the defect for which a lower price was agreed.
12. The warranty period for the Goods is 24 months.
13. The Buyer’s rights from liability for defects that will not be claimed during the warranty period expire.
14. The period from the claim to the takeover of the Goods by the Buyer does not count towards the warranty period – during this period the warranty period does not expire.
15. In the event that the Goods are replaced, a new warranty period begins to run from the receipt of the new Goods. Also in the case of replacement of a part for which a warranty has been provided.
Exercise of rights from liability for defects of the Goods
In the written complaint, the Buyer shall clearly and comprehensibly describe the reason for the complaint, state the Buyer’s name and surname, contact address, telephone contact, e-mail, enclose a warranty card / proof of purchase and deliver it to the Seller together with the defective Goods according to point 15. .
16. The Seller is obliged to determine the method of handling the complaint 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 is required, no later than 30 days from the date of the complaint.
17. The Seller is obliged to issue a confirmation of receipt of the complaint to the Buyer when making a complaint, if the complaint is made by means of long-distance communication, the Seller is obliged to deliver the confirmation of the complaint to the Buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the proof of the complaint; The confirmation of the claim need not be delivered if the Buyer has the opportunity to prove the claim in another way.
18. 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.
19. If the Buyer has made a complaint about the Goods during the first 12 months from the purchase, the Seller may reject the complaint only on the basis of an expert assessment at the expense of the Seller.
20. If the Buyer has filed a complaint about the Goods after 12 months from the purchase and the Seller has rejected it, the person who handled the complaint is obliged to state in the document on the handling of the complaint to whom the Buyer can send the Goods for professional assessment.
Method of handling the complaint
21. If during the warranty period there are defects for which the Goods cannot be properly used or can be used only to a limited extent, and it is possible to eliminate these defects, the Buyer has the right to remove them free of charge and without delay. The Seller is entitled to replace the defective Goods with faultless ones instead of eliminating the defect, provided that this does not cause the Buyer unreasonable difficulties.
22. The Buyer may, instead of eliminating the defect, request the replacement of the Goods, or if the defect concerns only a part of the Goods, the replacement of this part, if the Seller does not incur disproportionate costs due to the price of the Goods or the severity of the defect.
23. If the Goods have a defect which cannot be removed and which prevents the Goods from being properly used as Goods without defects, the Buyer has the right to replace them or has the right to withdraw from the contract. The buyer has the same rights even in the case of remediable defects, but the goods can not be properly used due to the recurrence of defects (recurrence of a defect after repair is considered a condition if the same defect occurs for the third time after at least two previous repairs) or due to a larger number of defects (at least three different remediable defects are considered to be a larger number of defects at the same time, each of which prevents proper use) on the purchased Goods.
24. If the Seller does not handle the complaint within 30 days, the Buyer has the same rights as if it were an irreparable defect, i. the right to exchange the Goods or refund (withdrawal from the contract).
25. In the event of an irreparable defect of the Goods, which does not prevent the proper use of the Goods, the Buyer is entitled to a discount on the purchase price.
26. 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 to exercise. However, as soon as he chooses one of these rights, he can no longer change this choice unilaterally.
27. Equipped complaints will be sent to the Buyer by transport or forwarding service to the address specified when submitting the complaint.
This Complaints Procedure shall enter into force and effect on 1.1.2020
In Humenné, 1.1.2020
Translated using GOOGLE TRANSLATOR.