Complaints Procedure

Online store www.coolarts.sk

I. General provisions

1.1. This Complaints Procedure is issued in accordance with Act No. 40/1964 Coll., the Civil Code as amended (hereinafter the “Civil Code”), Act No. 250/2007 Coll. on Consumer Protection as amended (hereinafter the “Consumer Protection Act”), Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Contract Concluded at a Distance or a Contract Concluded Outside the Seller’s Business Premises as amended, and Act No. 22/2004 Coll. on Electronic Commerce as amended. And it regulates the legal relationship between the Seller, which is:

1.2. The Seller is the company

Business name: Ing. Peter Hanák - Nízka Cena
Place of business: 92401 Galanta, Štvrť SNP 1001/31, Slovak Republic

Registered in the register of the District Office Galanta, Trade Register Number: 220-29664

Company ID (IČO): 47633468

Tax ID (DIČ): 1086372859
Bank account:

Fio Bank for payments in EUR: IBAN: SK23 8330 0000 0022 0203 2472

For the Czech Republic, payments in CZK: 2202032472/2010, SWIFT/BIC: FIOZSKBAXXX

The Seller is not a VAT payer /Value Added Tax/

(hereinafter also the “Seller”) and every person who is a Buyer of goods or services offered by the Seller on the Seller’s Website, and who acts in the position of a consumer within the meaning of the provisions of the General Terms and Conditions published on the Seller’s Website, this Complaints Procedure, and the relevant laws defining the consumer, under the valid legislation of the Slovak Republic, in particular the laws: Act No. 102/2014 Coll. on consumer protection in the sale of goods or the provision of services under a contract concluded at a distance or a contract concluded outside the Seller’s business premises as amended, Act No. 250/2007 Coll. on consumer protection as amended, and Act No. 40/1964 Coll. the Civil Code as amended.

1.3. The email contact and telephone contact for the Seller is:

Email: info@coolarts.sk

Tel. No.: +421907232627

1.4. Address for sending documents, complaints, withdrawals from contracts, etc. is:

Ing. Peter Hanák - Nízka Cena, SNP 1001/31, 924 01 Galanta, Slovak Republic

1.5. This Complaints Procedure regulates the rights and obligations of the Buyer, who is a consumer, when asserting rights from defects of an item (goods) or services under the concluded distance purchase contract with the Seller through the Seller’s online store www.coolarts.sk

1.6. A Buyer is any person (natural person or legal entity) who has sent an order via the electronic order form using the Seller’s website, or by other means of distance communication.

1.7. A Consumer is a Buyer who is a natural person and who, when concluding a purchase contract via the Seller’s Website, does not act within the scope of their business activity.

1.8. This Complaints Procedure regulates the legal relations between Buyers who are consumers and the Seller. With the exception stated in point 4.12 of this Complaints Procedure (Seller’s statement on the warranty period in the event that the Buyer does not act in the position of a consumer).

1.9. Products (hereinafter also the “Items”) are goods, services and electronic content not supplied on a tangible medium, which are intended for sale and at the same time are published on the Seller’s Website.

II. References

2.1. In addition to the general provisions of Act No. 40/1964 Coll. the Civil Code as amended, the relationships arising from the Seller’s liability for defects of goods or services (as well as other legal relationships that may arise from the contractual relationship) with natural persons who, when concluding a purchase contract, do not act within the scope of their business activity (consumers), are also governed by special regulations, in particular Act No. 102/2014 Coll. on consumer protection in the sale of goods or the provision of services under a contract concluded at a distance or a contract concluded outside the Seller’s business premises and Act No. 250/2007 Coll. on consumer protection.

2.2. Legal relations arising from the assertion of rights from liability for defects between the Seller and a Buyer who is a legal entity or a sole trader acting within the scope of their business activity /persons who are not in the position of a consumer/ are governed by Act No. 513/1991 Coll. the Commercial Code as amended. With the exception stated in point 4.12 of this Complaints Procedure (Seller’s statement on the warranty period in the event that the Buyer does not act in the position of a consumer).

2.3. Pursuant to §3, para. 1, letter n) of Act No. 102/2014 Coll., the Seller informs the consumer that there are no special applicable codes of conduct to which the Seller has committed to adhere; a code of conduct means an agreement or a set of rules that define the Seller’s behavior, which the Seller has committed to observe in relation to one or more specific commercial practices or business sectors, if these are not established by law or other legal regulation or measure of a public authority), which the Seller has committed to adhere to, and the manner in which the consumer can become acquainted with them or obtain their text.

III. Seller’s liability for defects of products (goods and services)

3.1. The Seller is obliged to deliver the item (goods) or service in accordance with the concluded purchase contract, i.e., in the required quality, quantity and without defects (factual, legal).

3.2. The Seller is liable for defects that the sold item or service has upon acceptance by the Buyer. If it is not a used item, the Seller is liable for defects that occur after acceptance of the item within the warranty period (warranty). The Seller recommends that the Buyer assert defects of goods or services with the Seller without undue delay. In the case of used items, the Seller is not liable for defects arising from their use or wear and tear. For items sold at a lower price, the Seller is not liable for the defect for which the lower price was agreed.

3.3. The Buyer is entitled to inspect the item or service being sold before acceptance.

IV. Warranty period

4.1. The warranty period is 24 months. The warranty period for a used item is 12 months. The warranty periods begin to run from the acceptance of the item or service by the Buyer.

4.2. If it is not goods that perish quickly, or used goods, the Seller is liable for defects that occur after acceptance of the item within the warranty period (warranty). The warranty period is 24 months. If a period for use is indicated on the sold item, its packaging or the instructions attached to it, the warranty period shall not end before the expiration of this period.

4.3. In the case of a used item, the Buyer and the Seller may agree on a shorter warranty period, but not shorter than 12 months.

4.4. For items that are intended to be used for a longer period, special regulations establish a warranty period longer than 24 months. A warranty period exceeding 24 months may relate only to a certain component of the item.

4.5. At the Buyer’s request, the Seller is obliged to provide the warranty in writing (warranty certificate). If the nature of the item allows it, it is sufficient to issue a proof of purchase instead of a warranty certificate.

4.6. By a declaration in the warranty certificate issued to the Buyer or in advertising, the Seller may provide a warranty exceeding the scope of the warranty established by this law. In the warranty certificate, the Seller shall determine the conditions and scope of this warranty.

4.7. The warranty periods begin to run from the acceptance 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 begin to run from the day the item is put into operation, provided that the Buyer ordered the commissioning no later than three weeks after acceptance of the item and duly and timely provided the necessary cooperation for the service to be performed.

4.8. If a replacement for a new item occurs, the warranty period shall begin to run again from the acceptance of the new item.

4.9. If a part of a new item is replaced, where the nature of the item allows it, the warranty period for the said part shall begin to run again from the acceptance of the new item. The same applies if a component of the item for which a warranty was provided is replaced.

4.10. Rights from liability for defects of the item, for which a warranty period applies, shall expire if they are not asserted within the warranty period.

4.11. The warranty period is extended by the period during which the goods were under complaint. Rights from liability for defects of goods, for which a warranty period applies, shall expire if they were not asserted within the warranty period.

4.12. In connection with § 429, para. 2 of Act No. 513/1991 Coll. the Commercial Code as amended, the Seller declares that, in the case of the length of the warranty period in business relations between the Seller and a Buyer who does not act in the position of a consumer, the Seller assumes a warranty for the quality of the goods for a duration of 12 months. The warranty period begins to run pursuant to the provision of Art. IV, point 4.1 of this Complaints Procedure.

V. Procedure for asserting rights from liability for defects (Complaint)

5.1. The Buyer is entitled to assert rights from liability for defects of an item, goods, or service at the address: Ing. Peter Hanák - Nízka Cena, SNP 1001/31, 924 01 Galanta, Slovak Republic

The Buyer may always exercise the right to personally file a complaint at any of the Seller’s establishments where acceptance of the complaint is possible given the nature of the item, or at the Seller’s registered office, or through third parties, e.g., transport companies, parcel services, Slovak Post, etc. The Seller recommends that Buyers use this Complaint Form to file a complaint.

When filing a complaint, the Seller recommends that the Buyer attach the invoice, warranty certificate, or another document proving the purchase of the complained goods or service from the Seller. The Seller recommends that the Buyer describe the defect of the goods or service when filing a complaint.

5.1.1. If the Buyer complains about the goods or service other than in person, the Seller recommends that the Buyer send the goods together with a detailed description of the defect of the goods and a document proving the purchase of the goods from the Seller (for example, proof of payment, invoice, warranty certificate), in order to speed up the complaint process.

5.1.2. In the case of a complaint, we recommend sending the goods by registered form. The Seller recommends not to send the goods by cash on delivery, which will not be accepted by the Seller.

5.1.3. The Seller is obliged to issue a confirmation to the consumer upon filing the complaint. If the complaint is filed by means of distance communication, the Seller is obliged to deliver the confirmation of filing the complaint to the consumer 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 document on the handling of the complaint; the confirmation of filing the complaint does not need to be delivered if the consumer has the possibility to prove the filing of the complaint in another way.

5.1.4. The Seller is obliged to issue a written document on the handling of the complaint no later than 30 days from the date of filing the complaint, but no later than together with the document on the handling of the complaint, if the period for its handling began to run from the date of acceptance of the subject of the complaint by the Seller.

5.2. The handling of the complaint does not affect the consumer’s right to compensation for damages under a special regulation.

5.3. The Seller is obliged to determine the method of handling the complaint pursuant to § 2 letter m) of Act No. 250/2007 Coll. as amended (the handling of the complaint means the termination of the complaint procedure by handing over the repaired product, exchanging the product, refunding the purchase price of the product, paying an appropriate discount from the price of the product, a written request to take over the performance, or its justified rejection) immediately, in complex cases no later than within 3 working days from the date of filing the complaint, in justified cases, especially if a complex technical assessment of the condition of the product or service is required, no later than within 30 days from the date of filing the complaint. After determining the method of handling the complaint, the complaint shall be handled immediately; in justified cases, the complaint may also be handled later; however, the handling of the complaint may not take longer than 30 days from the date of filing the complaint. If the Seller accepts the subject of the complaint on a later day than the day of filing the complaint, the time limits for handling the complaint under this paragraph begin to run from the day of acceptance of the subject of the complaint by the Seller; but no later than from the moment when the Seller prevents or hinders the acceptance of the subject of the complaint. After the expiry of the period for handling the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the product (the subject of the complaint) for a new product.

5.4. If the consumer filed a complaint about the product during the first 12 months from purchase, the Seller may handle the complaint by rejection only on the basis of an expert 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 complaint no later than 14 days from the date of handling the complaint.

5.5. If the consumer filed a complaint about the product after 12 months from purchase and the Seller rejected it, the person who handled the complaint is obliged to state in the document on the handling of the complaint to whom the consumer may send the product for an expert assessment. If the product is sent for an expert assessment to the designated person, the costs of the expert assessment, as well as all other reasonably incurred related costs, shall be borne by the Seller regardless of the result of the expert assessment. If the consumer proves the Seller’s liability for the defect by an expert assessment, they may file the complaint again; during the performance of the expert assessment, the warranty period does not run. The Seller is obliged to reimburse the consumer within 14 days from the date of refiling the complaint all costs incurred for the expert assessment, as well as all reasonably incurred related costs. A refiled complaint cannot be rejected.

5.6. The consumer has the right to reimbursement of necessary costs (in particular postage paid when sending the complained goods) incurred in connection with the assertion of legitimate rights from liability for defects of goods and services. In the event of withdrawal from the contract due to a defect of the item or service, the consumer also has the right to reimbursement of the costs related to this withdrawal.

5.7. Requirements of the expert assessment pursuant to point 5.4 of this article:

The expert assessment must contain:

a) identification of the person performing the expert assessment,
b) precise identification of the assessed product,
c) description of the condition of the product,
d) result of the assessment,
e) date of preparation of the expert assessment.

5.8. If the nature of the product allows, the consumer shall hand over the product to the Seller (designated person) when filing the complaint. If the nature of the product does not allow delivery of the product to the Seller (designated person), the consumer may, when filing the complaint, 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.

5.9. The period from the assertion of the right from liability for defects until the time when the Buyer was obliged to take over the item after the repair was completed shall not be counted into the warranty period. The Seller is obliged to issue the Buyer a confirmation of when the right was asserted, as well as of the repair carried out and the duration thereof.

VI. Buyer’s rights when asserting 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, in a timely and proper manner. The Seller is obliged to remove the defect without undue delay.

6.2. The Buyer may, instead of the removal of the defect, request the exchange of the item, or if the defect concerns only a component of the item, the exchange of the component, if this does not cause the Seller disproportionate costs given the price of the goods or the seriousness of the defect.

6.3. The Seller may always replace the defective item with a defect-free one instead of removing the defect, if this does not cause serious difficulties to the Buyer.

6.4. If it is a defect that cannot be removed and which prevents the item from being properly used as an item without defects, the Buyer has the right to exchange the item or has the right to withdraw from the contract. The same rights belong to the Buyer if the defects are removable, but the Buyer cannot properly use the item due to the repeated occurrence of the defect after repair or due to a larger number of defects.

6.5. If there are other non-removable defects, the Buyer has the right to a reasonable discount on the price of the item.

VII. Final provisions

7.1. This Complaints Procedure forms an integral part of the General Terms and Conditions and the Principles and Information on Personal Data Protection of this Website. The documents – the General Terms and Conditions and the Principles and Information on Personal Data Protection of this Website are published on the domain of the Seller’s Website.

7.2. In 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 Agreement, until the moment of its termination.

7.3. This Complaints Procedure is valid and effective at the moment of its publication on the Seller’s Website on 25.08.2021

Annex No. 1 – Sample Complaint Form (download by clicking)
Annex No. 2 – Sample Complaint Receipt Protocol and Sample Complaint Resolution Protocol (download by clicking)

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