Complaints procedure of the online store www.molniya-watches.com
1.1 This complaint procedure is part of the terms and conditions of the Seller. The definitions in the terms and conditions of the Seller also apply to this complaint procedure.
1.2 In the case of a Buyer who is a consumer, a complaint about a product is governed by the terms and conditions of the Seller, these complaints regulations, the Civil Code, the Consumer Protection Act, and the Consumer Protection Act for distance contracts.
1.3 Claims for goods by the Buyer-entrepreneur are governed by the terms and conditions of the Seller, this complaint procedure, and the Commercial Code.
II. Product complaint
2.1 The Seller is responsible for defects in the goods that he has upon acceptance by the Buyer. The Seller is responsible for defects that occur after receipt of the goods during the warranty period (warranty).
2.2 The warranty period for new products is 24 months from the date of transfer of the goods to the Buyer.
2.3 If the goods purchased through the online store from the Seller are defective, the Buyer may file a claim against the Seller for defects in the goods.
2.4 Changes in product characteristics that occur during the warranty period because of wear and tear, misuse, improper or negligent basic maintenance, improper intervention by the Buyer or a third party and/or improper storage of goods.
If the consumer wishes to complain about the product, it is necessary to send an e-mail to email@example.com, with REKLAMACIA/E (COMPLAINT/S) in the subject line. In the act, the Buyer is obliged to indicate the description of the declared goods, describe the reason for the claim and attach a copy of the invoice or receipt of payment.
2.6 If a complaint is submitted via remote communication, the Seller immediately sends a confirmation of the claim to the consumer. If for any reason it is not possible to deliver the confirmation immediately, the Seller will deliver it without undue delay, but at the latest together with the complaint document.
2.7 In the case of the correct and timely application by the Buyer of the right of responsibility for the defects of the sold goods, the Seller is obliged to decide on the claim immediately, in more complex cases – within three working days. This time does not include the time required to conduct an expert assessment of the defect. After determining the method of processing the claim, the claim is processed immediately, in justified cases, the claim may be processed later; however, the processing of a claim may not take more than 30 days from the date the claim was filed. After the expiration of the complaint period, the Buyer has the right to withdraw from the contract or exchange the goods for a new one.
2.8 If the Buyer has filed a complaint about the goods within the first 12 months from the date of purchase, the Seller may consider the complaint, rejecting it only based on professional judgment; Regardless of the result of the professional assessment, the Buyer is not obliged to pay the costs of the professional assessment or other costs associated with the professional assessment. The Seller is obliged to provide the Buyer with a copy of the expert opinion substantiating the withdrawal of the claim no later than 14 days from the date of consideration of the claim. If the Buyer filed a claim for the goods after 12 months from the date of purchase, and the Seller rejected it, the Seller indicates in the complaint review document to whom the Buyer can send the goods for examination. If the goods are sent for examination to a designated person, the costs of the examination, as well as all other related costs, shall be borne by the Seller, regardless of the result of the examination. If the Buyer, through a professional assessment, proves the Seller’s responsibility for the defect, he can file a claim again; The warranty period does not expire during the examination. The Seller is obliged to reimburse the Buyer within 14 days from the date of the repeated filing of a claim with all the costs incurred by him for the examination, as well as all related costs incurred purposefully. A re-application cannot be rejected.
2.9 The Buyer can send the claimed goods to the Seller’s address. In the event of a justified complaint, the consumer is entitled to a refund of postage costs in the smallest amount necessary for safe delivery (it is necessary to provide a document for this transportation). In the event of an unlawful complaint, the consumer is not entitled to reimbursement of his expenses related to the consideration of the complaint, and at the same time, the Seller is not entitled to reimbursement of the costs incurred by him (except, eg, there was a repeated unfounded complaint from the consumer, from which it can already be concluded that there has been a violation of consumer rights on his part).
2.10 Completion of a complaint means completion of the claim procedure by handing over the repaired goods, exchanging the goods, refunding the purchase price of the goods, paying an appropriate discount on the price of the goods, a written invitation to accept performance or a justified refusal thereof.
2.11 If the product has a defect that can be repaired, the Buyer is entitled to have it repaired free of charge, in a timely and appropriate manner. The Seller is obliged to remedy the defect without undue delay.
2.12 If the complaint is resolved by repairing the goods, the warranty period is extended by the period from the moment the right to remedy the defect is exercised until the Buyer is obliged to accept the repaired goods. Once the Buyer exercises certain liability rights for defects, such as the right to repair the goods or a discount, he has made a choice and exercised one of the possible rights, he is bound by this declaration of will and cannot change the choice of the right to be exercised, unless he agrees otherwise with the Seller.
2.13 If the claim is settled by replacing the defective product with a new one, the warranty period starts running again from the moment the product is received.
2.14 The Seller will evaluate the legitimacy of the complaint about the lack of goods and, after evaluation, will explain to the Buyer by e-mail how to proceed with the complaint.
2.15 A recoverable defect is a defect, the elimination (correction) of which does not affect the appearance, functionality and quality of the goods, the elimination of which can be carried out without undue delay and the elimination of which is reasonable. In case of detection of a removable defect, the consumer has the right to demand its gratuitous, timely and proper elimination. The Seller can always replace the defective product with a serviceable one instead of eliminating the defect if this does not cause serious difficulties for the consumer.
2.16 An unrecoverable defect is a defect that prevents the proper use of the goods, and which cannot be eliminated, or its elimination is inexpedient. If it is an irreparable defect, not caused by inattention during operation consumer, the consumer has the right to demand: the exchange of goods for a new serviceable one or the termination of the contract of sale.
In the event that the nature of the irreparable defect does not prevent the proper use of the product as a defect-free item (aesthetic defects…), the consumer is entitled to a reasonable discount on the purchase price of the product. When granting a discount, the nature of the defect, the degree and method of wear and tear of the goods, the duration of its use and the possibility of its further use are considered.
2.18 The main condition for maintaining the proper condition of the purchased goods and their performance is proper prevention by the Buyer in the form of basic maintenance. This obligation of the Buyer arises from generally binding legal regulations, according to which everyone is obliged to act in such a way that no damage occurs.
2.19 Before using the product, the consumer is obliged to familiarize himself with the functions and capabilities of the purchased product by carefully reading the information provided on the packaging, on the label or in the instructions for use of the purchased products and, possibly, also in the contents of other documents attached to the purchased products.
III. Alternative dispute resolution
3.1 The Buyer – the consumer – has the right to ask the Seller for correction (eg, by e-mail) if he is not satisfied with the way the Seller has resolved his complaint, or if he believes that the Seller has violated his consumer rights. If the Seller responds to this request in the negative or does not respond to it within 30 days from the date of its sending, the consumer has the right to submit a proposal to initiate alternative dispute resolution to the alternative dispute resolution body (hereinafter – ADR). person) in accordance with Law 391/2015 Coll. ARS, subjects are authorities and authorized legal entities in accordance with § 3 of Law 391/2015 Coll. A list of ARS entities can be found on the website of the Slovak Ministry of Economy www.mhsr.sk. The offer may be submitted by the consumer in the manner prescribed in accordance with § 12 of Law 391/2015 Coll.
3.2 The consumer may also file a complaint through the RSO alternative dispute resolution platform, which is available online at ec.europa.eu.
3.3 Alternative dispute resolution can only be used by a consumer – an individual who, when concluding and executing a consumer contract, does not act within the framework of his entrepreneurial, labor, or professional activity. Alternative dispute resolution only applies to a dispute between a consumer and a Seller arising out of a consumer contract or related to a consumer contract. Alternative Dispute Resolution only applies to distance contracts. Alternative Dispute Resolution does not apply to disputes whose value does not exceed 20 euros. The ARS entity may require the consumer to pay an ADR fee of up to EUR 5, including VAT.
IV. Final provisions
4.1 The Seller reserves the right to change the procedure for filing a complaint without giving reasons or in the event of a change in any relevant legislation.