Online store homba.sk
- General provisions
1.1. This complaint procedure is issued in accordance with Act no. 40/1964 Coll. The Civil Code as amended (hereinafter referred to as the "Civil Code"), by Act No. 250/2007 Coll. on consumer protection as amended /hereinafter only "Consumer Protection Act"/, Act No. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance 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: MAD Solutions s.r.o
Registered office: Tokajská 11, Košice 040 18, Slovak Republic
Registered in the register of the District Court of Košice I, Division Sro, Insert number 16391/V
VAT number: 2120852151
VAT number: SK2120852151
Bank account: SK59 1100 0000 0029 4606 2199
The seller is a VAT payer /Value Added Tax/
(hereinafter also " Seller ") and any person who is a buyer of goods or services offered by the Seller in the Seller's Online Store, and who acts as a consumer in the sense of the other provisions of these General Terms and Conditions and the relevant laws defining the consumer, in the sense of the current Slovak legislation of the Republic, especially laws, Act no. 102/2014 Coll. on consumer protection when selling goods or providing services based on a contract concluded at a distance or a contract concluded outside the seller's premises and Act no. 250/2007 Coll. on consumer protection, as amended.
1.2.1. The contact for the seller is:
MAD Solutions s.r.o., Tokajská 11, Košice 040 01, Slovak Republic
Tel. no.: 0948 368 947
1.3. These Complaints Regulations govern the rights and obligations of the buyer who is a consumer when exercising rights due to defects in the item (goods) or services in the sense of the distance purchase contract concluded with the seller through the electronic store of the seller homba.sk
1.4. A buyer is any person (natural or legal) who filled out and sent an order through the Seller's website and received an email notification of order acceptance and paid the purchase price. A buyer is also any person who placed an order by phone or by sending an email.
1.6. The consumer is the Buyer, who is a natural person, and who, when concluding a purchase contract in accordance with this Complaints Procedure and the General Terms and Conditions published on the seller's website, does not act within the scope of his business activity.
1.7. These complaint regulations regulate the legal relations between buyers who are consumers and the seller.
1.8. Legal relations resulting from the exercise of rights from liability for defects between the seller and the buyer, who is a legal entity or a natural person, an entrepreneur who acts as part of his business activity /persons who are not in the position of a consumer/ are governed by Act no. 513/1991 Coll. Commercial Code as amended.
1.9. Products are goods or services that are intended for sale and are also published in the seller's online store.
1.10. The term item is, in cases where the nature of the item in terms of this complaint procedure allows it to be identical to the term goods or service.
2.1. The seller's liability for defects in goods or services (as well as other legal relations that may result from the contractual relationship) with natural persons who, when concluding a purchase contract, do not act within the scope of their business activity /consumers/, apply except of the general provisions of Act No. 40/1964 Coll. Civil Code as amended, as well as special regulations, especially Act No. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance 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 exercise of rights from liability for defects between the seller and the buyer, who is a legal entity or a natural person, an entrepreneur acting as part of his business activity /persons who are not in the position of a consumer/ are governed by Act no. 513/1991 Coll. Commercial Code as amended.
III. Seller's responsibility for product defects (goods and services)
3.1. The seller is obliged to deliver the item (goods) or service in accordance with the concluded purchase contract, ie in the required quality, quantity and without defects (factual, legal).
3.2. The seller is responsible for defects in the sold item or service upon acceptance by the buyer. If these are used items, the seller is responsible for defects that occur after taking over the item during the warranty period (warranty). We recommend the buyer to claim defects in goods or services with the seller without undue delay. In the case of used items, the seller is not responsible for defects caused by their use or wear. In the case of items sold at a lower price, he is not responsible for a defect for which a lower price was negotiated.
3.3. The buyer is entitled to inspect the sold item or service before taking over.
4.1. The warranty period is 24 months. The warranty period for used items is 12 months. Warranty periods start from the time the item or service is received by the buyer.
4.2. If they are not perishable items or used items, the seller is responsible for defects that occur after receiving the item during the warranty period (warranty). The warranty period is 24 months. If a period of use is marked on the sold item, its packaging or the instructions attached to it, the warranty period does not end before the expiration of this period.
4.3. If it is a used item, the buyer and seller can also agree on a shorter warranty period, but not shorter than 12 months.
4.4. For things that are intended to be used for a longer period of time, special regulations establish a warranty period longer than 24 months. A warranty period exceeding 24 months may apply to only some part of the item.
4.5. At the request of the buyer, the seller is obliged to provide a guarantee in writing (warranty certificate). If the nature of the matter allows it, it is sufficient to issue a proof of purchase instead of a warranty certificate.
4.6. By declaring in the warranty letter issued to the buyer or in the advertisement, the seller can provide a warranty exceeding the scope of the warranty established in this law. In the warranty letter, the seller specifies the terms and scope of this warranty.
4.7. Warranty periods begin to run from the time the item is taken over by the buyer. If the purchased item is to be put into operation by an entrepreneur other than the seller, the warranty period will begin to run from the day the item is put into operation, as long as the buyer ordered the putting into operation no later than three weeks after taking over the item and properly and timely provided the cooperation necessary for the performance of the service.
4.8. If the buyer is not a consumer, the procedure is in accordance with the provisions of the Commercial Code and the warranty period is 1 year. The warranty period begins to run in accordance with the provisions of Art. IV, point 4.1 of these Complaints Regulations.
4.9. If there is an exchange for a new item, the warranty period starts again from the receipt of the new item.
4.10. If a part of a new thing is exchanged, where the nature of the thing allows it. The warranty period for the mentioned part will start again after taking over the new item.
4.11. Rights from liability for item defects for which the warranty period applies shall expire if they were not exercised within the warranty period.
4.12.. The warranty period is extended by the period during which the goods were under complaint. Rights from liability for product defects for which the warranty period applies shall expire if they have not been exercised within the warranty period.
4.13. In the event that the buyer is a consumer, within the statutory warranty period, claims are governed by Act No. 40/1964 Coll., Civil Code and Act No. 250/2007 Coll., on consumer protection, both laws in their valid and effective version, taking into account the clarifications in this Complaints Procedure.
4.14. If the item is exchanged, the warranty period starts again from the time the new item is received. The same applies if there is a replacement of a part for which a guarantee has been provided.
- Procedure for exercising rights from liability for defects (Complaint)
5.1. The buyer is entitled to exercise rights from liability for defects in items, goods or services at the address: MAD Solutions s.r.o., Tokajská 11, Košice 040 18, Slovak Republic
The buyer can always use the right to make a complaint in person at any of the company's premises, where receiving a complaint is possible due to the nature of the matter, or at the company's headquarters, or through third parties, e.g. transport companies, courier companies, Slovak Post and others. We recommend that the buyer use this Complaint Form to file a complaint .
When making a claim, the seller recommends that the buyer submit a warranty card or other proof of payment of the purchase price. The buyer is recommended to describe the defect and indicate how the defect manifests itself when using the claimed item or service.
5.1.1. In the event that the Buyer advertises the goods or services other than in person, the seller recommends the Buyer to send the goods together with a detailed description of the defect in the goods, and a document proving the purchase of the goods in our store / for example a proof of payment, invoice, warranty card/, in order to speed up the claims process.
5.1.2. In the event of a complaint, we recommend sending the goods by registered mail. The seller recommends not sending the goods by cash on delivery, which will not be accepted by us.
5.1.3. The seller is obliged to issue a confirmation to the consumer when making a claim. If the claim is made via means of remote communication, the seller is obliged to deliver the confirmation of the claim to the consumer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with a document on the completion of the claim; confirmation of the application of the claim does not need to be delivered if the consumer has the opportunity to demonstrate the application of the claim in another way.
5.1.4. The seller is obliged to issue a written document about the handling of the claim no later than 30 days from the date of application of the claim.
5.2. Handling of the claim does not affect the consumer's right to compensation for damage according to a special regulation.
5.3. The seller is obliged to determine the method of handling the claim immediately, in complex cases within 3 days from the date of application of the claim. In justified cases, especially if a complex technical evaluation of the goods is required, no later than 30 days from the date of application of the claim. After determining the method of handling the complaint, the seller will handle the complaint immediately, in justified cases, the complaint can be handled later. However, processing of the claim must not take longer than 30 days from the date of application of the claim. After the expiry of the 30-day period for processing the complaint, the buyer has the right to withdraw from the purchase contract and the full amount for the goods will be returned to him or he has the right to exchange the goods for a new one.
5.4. If the consumer made a complaint about the product within the first 12 months from the purchase, the seller can handle the complaint by rejecting it only on the basis of a professional assessment; regardless of the result of the expert assessment, the consumer cannot be required to pay the costs of the expert assessment or other costs related to the expert assessment. The seller is obliged to provide the consumer with a copy of the expert assessment justifying the rejection of the claim no later than 14 days from the day the claim was processed.
5.5. If the consumer made a complaint about the product after 12 months from the purchase and the seller rejected it, the person who processed the complaint is obliged to indicate in the complaint handling document to whom the consumer can send the product for expert assessment. If the product is sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other related costs, are borne by the seller, regardless of the result of the expert assessment. If the consumer proves the seller's responsibility for the defect through a professional assessment, he can apply the claim again; the warranty period does not expire during the performance of the expert assessment. The seller is obliged to reimburse the consumer within 14 days from the date of re-application of the complaint all costs incurred for the expert assessment, as well as all related costs incurred purposefully. A renewed claim cannot be rejected.
5.6. The consumer has the right to reimbursement of necessary costs (especially the postage paid when sending the claimed goods), incurred in connection with the exercise of legitimate rights from liability for defects in goods and services. In case of withdrawal from the contract due to a defect in the item or service, the consumer also has the right to reimbursement of the costs of this withdrawal.
5.7. Requirements for expert assessment in accordance with point 5.4 of this article:
The expert assessment must include:
- a) identification of the person who performs the professional assessment,
- b) exact identification of the assessed product,
- c) description of the condition of the product,
- d) the result of the assessment,
- e) date of preparation of the expert assessment.
5.8. The Seller is obliged to inform the Consumer about the processing of the claim and the method of processing it, in an appropriate and demonstrable form, no later than 30 days from the date of application of the claim. The seller is obliged to issue a written document about the handling of the claim, no later than 30 days from the date of application of the claim.
5.9. Completion of the complaint procedure is considered to be the end of the complaint. Completion of the complaint is understood as the completion of the complaint procedure by handing over the repaired product to the person who filed the complaint, exchanging the product, returning the purchase price of the product, paying an appropriate discount on the price of the product, a written invitation to take over performance, or rejecting the complaint in accordance with the conditions established by law.
6. If the nature of the product allows it, the consumer will hand over the product to the seller (designated person) when making a claim. If the nature of the product does not allow the product to be delivered to the seller (designated person), the consumer may request the removal of the defect at the place where the product is located or to agree with the seller (designated person) on the method of transporting the product.
7. The time from the exercise of the right from liability for defects to the time when the buyer was obliged to take over the item after the repair is completed is not included in the warranty period. The seller is obliged to issue a confirmation to the buyer about when he exercised the right, as well as about the repair and its duration.
- Buyer's rights when exercising rights from liability for defects
6.1. If it is a defect that can be removed, the buyer has the right to have it removed free of charge, on time and properly. The seller is obliged to remove the defect without undue delay.
6.2. Instead of removing the defect, the buyer can demand the replacement of the item, or if the defect concerns only a part of the item, the replacement of the part, if this does not result in unreasonable costs for the seller considering the price of the goods or the severity of the defect.
6.3. The seller can always replace the defective item with a faultless one instead of removing the defect, if this does not cause serious difficulties for the buyer.
6.4. If it is a defect that cannot be removed and which prevents the item from being properly used as a defect-free item, the buyer has the right to exchange the item or withdraw from the contract. The same rights belong to the buyer if the defects can be removed, but if the buyer cannot properly use the item due to the reappearance of the defect after repair or due to a larger number of defects.
6.5. If there are other irreparable defects, the buyer has the right to a reasonable discount from the price of the item.
VII. Final provisions
7.1. The seller reserves the right to change these Complaints Regulations. The obligation of written notification of changes to the Complaints Regulations is fulfilled by placing it in the Seller's Internet store.
7.2. This Complaints Policy forms an integral part of the General Terms and Conditions and the Principles and instructions on the protection of personal data of this online store. Documents - General terms and conditions and Principles and instructions on the protection of personal data of this online store are published on the domain of the Seller's online store.
7.3. In the event of a change in the Complaints Procedure, the relationship between the Buyer and the Seller is governed by the Complaints Procedure valid and effective at the conclusion of the Purchase and Sale Agreement, until the moment of its termination.
7.4. This complaint procedure is valid and effective at the moment of its publication in the online store of the seller on February 20, 2021.