Complaints Procedure
Advertising Regulations
Internet shop homba.en
- General provisions
1.1These Complaints Regulations are issued in accordance with Act No. 40/1964 Coll. Civil Code as amended (hereinafter referred to as the "Civil Code"), Act No. 250/2007 Z. z on Consumer Protection as amended /hereinafter referred to as the "Consumer Protection Act"/, Act no.102/2014 Z. z on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded away from the seller's business premises, as amended, and Act No. 22/2004 Z. z on electronic commerce as amended. A governs the legal relationship between the seller, who is:
1.2The seller is
Trade name: MAD Solutions s.ro
Headquarters: Tokajská 11, Košice 040 18, Slovak Republic
Enrolled in the Register of the District Court Košice I, Section Sro, Entry No. 16391/V
IČO: 51993813
DIČ: 2120852151
VAT number: SK2120852151
Bank account: SK59 1100 0000 0029 4606 2199
Seller is a VAT /Value Added Tax/
(hereinafter also "Seller") and any person who is a purchaser of goods or services offered by the Seller in the Seller's Online Shop and who acts in the position of a consumer within the meaning of other provisions of these General Terms and Conditions and the relevant laws defining a consumer, within the meaning of the legislation in force in the Slovak Republic, in particular Act No. 102/2014 Z. z on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded away from the seller's business premises and Act No. 250/2007 Z.z on consumer protection, as amended.
1.21Seller's contact is:
MAD Solutions s.ro, Tokajská 11, Košice 040 01, Slovak Republic
Email: ahoj@homba.sk
Tel.č: 0948 368 947
1.3This 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 e-shop of the seller note.en
1.4The Buyer is any person (natural or legal person) who has completed and submitted an order via the Seller's Website and received an email notification of receipt of the order and paid the purchase price. A buyer is also any person who has placed an order by phone or by sending an email.
1.6The consumer is the Buyer, who is a natural person and who does not act within the scope of his/her business activity when concluding a purchase contract according to these Complaints Regulations and the General Terms and Conditions published on the Seller's website.
1.7This Complaints Procedure regulates the legal relations between buyers who are consumers and the seller.
1.8Legal relations arising from the application of the 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/her business activity /persons who are not in the position of a consumer/ are governed by Act No. 513/1991 Coll. Commercial Code as amended.
1.9Products are goods or services that are intended for sale and are also published in the Seller's Online Shop.
1.10The term "thing" is identical to the term "goods" or "service" in cases where the nature of the thing within the meaning of these Complaints Regulations allows it.
- Links
2.1In addition to the general provisions of Act No.40/1964 Coll. Civil Code as amended, as well as special regulations, in particular Act no. 102/2014 Z. z on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded away from the seller's business premises and Act No. 250/2007 Z.z on consumer protection
2.2 Legal relations arising from the application of the 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/her 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 liability for defects in products (goods and services)
3.1The seller is obliged to deliver the item (goods) or service in accordance with the concluded purchase contract t.j in the required quality, quantity and without defects (factual, legal).
3.2The Seller is liable for defects in the sold item or service upon receipt by the Buyer. If the goods are not used, the seller is liable for defects that occur after the receipt of the goods within the warranty period (warranty). We recommend the buyer to claim defects in goods or services from the seller without undue delay. In the case of used items, the seller is not liable for defects caused by their use or wear and tear. In the case of items sold for a lower price, the seller is not liable for the defect for which the lower price was negotiated.
3.3The buyer is entitled to inspect the sold item or service prior to acceptance.
- Warranty period
4.1The warranty period is 24 months. The warranty period for used items is 12 months. Warranty periods start from the receipt of the item or service by the buyer.
4.2Unless the goods are perishable or second-hand, the seller is liable for defects that occur after receipt of the goods within the warranty period (warranty). The warranty period is 24 months. If the sold item, its packaging or the instructions attached to it have a period of use marked on them, the warranty period does not expire before the expiry of this period.
4.3If the item is second-hand, the buyer and seller may agree on a shorter warranty period, but not less than 12 months.
4.4In the case of items intended to be used for a longer period of time, special rules shall provide for a guarantee period of more than 24 months. A warranty period exceeding 24 months may cover only a part of the item.
4.5 At the Buyer's request, the Seller is obliged to provide a guarantee in writing (guarantee letter). If the nature of the item allows it, it is sufficient to issue a proof of purchase instead of a warranty certificate.
4.6By a statement in the warranty certificate issued to the buyer or in the 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 scope of this warranty in the warranty certificate.
4.7Warranty periods start from the receipt of the item by the buyer. If the purchased item is to be put into operation by an entrepreneur 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 commissioning 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.
4.8If the buyer is not a consumer, the provisions of the Commercial Code shall apply and the warranty period is 1 year. The warranty period shall commence in accordance with the provisions of Art. IV, point 4.1 of these Complaints Regulations.
4.9If a new item is exchanged for a new item, the warranty period will start again from the receipt of the new item.
4.10If a part of a new item is replaced where the nature of the item allows it. The warranty period for that part will start again from the receipt of the new item.
4.11Liability rights for defects in the goods for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period.
4.12The warranty period shall be extended by the period for which the goods have been in complaint. The rights of liability for defects in the goods for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period.
4.13If the buyer is a consumer, within the statutory warranty period, claims are governed by Act No. 40/1964 Coll., the Civil Code and Act No. 250/2007 Z.z, on consumer protection, both laws in the valid and effective wording, taking into account the clarifications in this Complaints Procedure.
4.14 If the item is replaced, the warranty period starts again from the receipt of the new item. The same applies if a part covered by the warranty is replaced.
- Procedure for the exercise of liability for defects (Claims)
5.1The buyer is entitled to exercise the rights of liability for defects in the goods, goods or services at the following address: MAD Solutions s.ro, Tokajská 11, Košice 040 18, Slovak Republic
The buyer can always exercise the right to make a claim in person at any of the company's premises where the acceptance of the claim is possible due to the nature of the item, or at the company's headquarters, or through third parties, e.g. transport companies, mail order companies, Slovak Post and.i We recommend that the buyer use this Claim Form to make a claim.
When making a claim, the seller recommends that the buyer provide a warranty certificate or other proof of payment of the purchase price. The buyer is advised to describe the defect and indicate how the defect manifests itself when claiming the claimed item or service.
5.11If the Buyer claims goods or services other 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 in our shop /for example, proof of payment, invoice, warranty card/, in order to speed up the claim process.
5.12In case of a complaint, we recommend sending the goods by registered mail. The seller recommends not to send the goods by cash on delivery, which will not be accepted by us.
5.13The 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 it is not possible to deliver the confirmation 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 opportunity to prove the claim in another way.
5.14The Seller is obliged to issue a written proof of the complaint within 30 days from the date of the complaint.
5.2The settlement of the complaint is without prejudice to the consumer's right to compensation for damages under a special regulation.
5.3The Seller is obliged to determine the method of handling the complaint immediately, in complex cases within 3 days from the date of filing the complaint. In justified cases, in particular if complex technical evaluation of the goods is required, no later than 30 days from the date of the claim. After determining how to handle the complaint, the Seller shall handle the complaint immediately; in justified cases, the complaint may also be handled later. However, the processing of the claim shall not take longer than 30 days from the date 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 will be refunded the full amount for the goods or has the right to exchange the goods for a new one.
5.4If the consumer has made a claim for a product within the first 12 months of purchase, the seller may only reject the claim on the basis of a professional assessment; regardless 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 is obliged to 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.
5.5If the consumer has filed a complaint after 12 months from the purchase and the seller has rejected it, the person who has settled the complaint is obliged to indicate in the complaint settlement document to whom the consumer can 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 any other costs reasonably incurred in connection therewith, shall be borne by the seller, irrespective of the outcome of the expert assessment. If the consumer proves the seller's liability for the defect through a professional assessment, the consumer may reassert the claim; the warranty period does 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 all costs incurred for the professional assessment as well as all related costs reasonably incurred. A reasserted claim cannot be rejected.
5.6The consumer has the right to reimbursement of the necessary costs (in particular the postage costs paid by the consumer when sending the claimed goods) incurred in connection with the exercise of his/her 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.
5.7The requirements of the expert assessment as set out in point 5.4 of this article:
The professional assessment shall include:
- a)identification of the person conducting the professional assessment,
- b)the precise identification of the product under assessment,
- c)description of the condition of the product,
- d)the result of the assessment,
- e)date of the expert assessment.
5.8The Seller is obliged to inform the Consumer about the handling of the complaint and the manner of its handling, in a suitable and demonstrable form, no later than 30 days from the date of the complaint. The Seller is obliged to issue a written proof of the complaint within 30 days from the date of the complaint.
5.9Completion of the complaint procedure / complaint / is considered as its settlement. The settlement of a complaint means the completion of the complaint procedure by handing over the repaired product to the person who filed the complaint, 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 rejecting the complaint under the conditions provided for by law.
6.If the nature of the product allows it, the consumer shall hand over the product to the seller (designated person) when making a complaint. 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 transport of the product.
7.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 repair was completed is not included in the warranty period. The Seller is obliged to issue the Buyer with a confirmation of when the right was exercised, as well as of the repair and the duration of the repair.
- Buyer's rights when exercising liability for defects
6.1If 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.
6.2Instead of removing the defect, the buyer may 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.
6.3The Seller may always replace the defective item with a faultless one instead of removing the defect, if this does not cause serious inconvenience to the Buyer.
6.4If there is a defect that cannot be remedied and that prevents the item from being properly used as an item without defect, the buyer has the right to have the item replaced or to withdraw from the contract. The same rights belong to the buyer if the defects are repairable, but if the buyer cannot use the item properly due to the reoccurrence of the defect after repair or due to a greater number of defects.
6.5If there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the item.
VII. Final provisions
7.1The Seller reserves the right to change this Complaints Procedure. The obligation of written notification of the change of the Complaints Procedure is fulfilled by its placement in the Seller's Internet shop.
7.2 This Complaints Policy forms an integral part of the General Terms and Conditions and the Privacy Policy and Privacy Notice of this online shop. The documents - General Terms and Conditions and Privacy Policy and Privacy Notice of this online store are published on the domain of the Seller's online store.
7.3In the event of a change in the Complaints Procedure, the relationship between the Buyer and the Seller shall be governed by the Complaints Procedure valid and effective at the time of conclusion of the Purchase and Sale Contract until its termination.
7.4This Complaint Procedure is valid and effective at the moment of its publication in the Seller's Internet shop on 20.22021.