COMPLAINT PROCEDURE

COMPLAINT PROCEDURE

Online store www.kompava.sk

I. Identification of the trader

1.1. This Complaints Procedure (hereinafter referred to as the "GTC") governs the legal relations between the company

Business name: KOMPAVA spol. s r. o.

Registered office: Piešťanská 1202/44, Nové Mesto nad Váhom 915 01, Slovak Republic

Registered in the Commercial Register of the District Court Trenčín, Section: Sro, Insert No. 10030/R

Company ID: 36 293 296

Tax ID: 2020181724

VAT number: SK2020181724, according to §4, registration from 1.3.1998

Bank account: SK 29 0900 0000 0051 8203 0966

The seller is a value added tax payer

(hereinafter referred to as the "Seller" or "Retailer") and any person who is a Buyer of products offered by the Seller on the Seller's Website and who acts in the position of a consumer within the meaning of other provisions of these General Terms and Conditions and relevant laws defining a consumer, within the applicable legislation of the Slovak Republic, in particular the following acts: Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended,  Act No., Act No. 40/1964 Coll., the Civil Code, as amended, with the exception specified in point 4.4 of this Complaint Procedure, which regulates the legal relationship between the Seller and the Buyer, who does not act in the position of a consumer.

1.2. E-mail contact and telephone contact to the Seller is:

Email: obchod@kompava.sk

Tel. no.: 032/77 400 11

1.3 The address for sending documents, complaints, withdrawals from contracts is:

KOMPAVA spol. s r. o., Piešťanská 1202/44, 915 01 Nové Mesto nad Váhom,

Slovak Republic

II. Basic provisions

2.1. This Complaint Procedure regulates the legal relations between Buyers who are consumers and the Retailer.

III. Exercising the right of liability for defects

3.1. The Buyer may exercise rights from liability for defects only if the defect has been complained to the Seller without undue delay, no later than 24 months have elapsed since the receipt of the item. If he does not complain about the defect within this period, the rights arising from liability for defects will expire.

IV. Liability for defects

4.1.The Seller is responsible for any defect that the sold item has at the time of its delivery and that becomes apparent within two years of the delivery of the item.

4.2.Where the subject of the purchase is an item with digital elements for which the digital content or digital service is to be supplied continuously for the agreed period, the seller shall be liable for any defect in the digital content or digital service that occurs or becomes apparent throughout the agreed period, but at least for a period of two years from the delivery of the item with digital elements.

4.3.In the case of a used item, the parties may agree on a shorter period of liability of the Seller for defects than in paragraphs 4.1 and 4.2, but not less than one year from the delivery of the item.

4.4. The Seller is responsible for any defect that the sold item has at the time of its delivery to the Buyer and that becomes apparent within 6 months of delivery of the item, if the Buyer does not act in the position of a consumer.

V. Rights arising from liability for defects

5.1.If the Seller is responsible for the defect of the sold item, the Buyer has the right to remove the defect by repair or replacement, the right to a reasonable discount on the purchase price or the right to withdraw from the Purchase Contract

5.2.The Buyer may refuse to pay the purchase price or part thereof until the seller fulfils its obligations arising from liability for defects, unless the buyer is in default with the payment of the purchase price or part thereof at the time of complaining about the defect. The Buyer shall pay the purchase price without undue delay after the Seller has fulfilled its obligations.

5.3. The Buyer may exercise rights arising from liability for defects, including the right under Clause 5.2, only if the Buyer has complained of the defect within two months of discovering the defect, no later than the expiry of the period under Clauses 4.1 to 4.3 of these Complaints Procedure.

5.4. The exercise of rights arising from liability for defects does not exclude the Buyer's right to compensation for damage caused by the defect.

VI. Complaint of defect

6.1.The defect may be complained of at any of the Seller's premises, at another person of whom the Seller informed the Buyer before concluding the contract or before sending the order, or by means of remote communication at the address of the Seller's registered office or place of business or at another address of which the Seller informed the Buyer at the conclusion of the contract or after the conclusion of the contract.

6.2.If the Buyer has complained of a defect in a postal item that the Seller has refused to accept, the shipment shall be deemed to have been delivered on the day of the refusal.

6.3.The Seller shall provide the Buyer with a written confirmation of the fault complaint immediately after the fault has been complained of by the Buyer. In the confirmation of the defect complaint, the Seller shall state the period within which the defect is rectified in accordance with Section 507 (1) of Act No. 40/1964 Coll., the Civil Code, as amended. The deadline notified under the previous sentence may not be longer than 30 days from the date on which the defect was complained of, unless a longer period is justified by an objective reason beyond the seller's control.

6.4. If the Seller refuses liability for defects, the reasons for the refusal shall be notified to the Buyer in writing. If the Buyer proves the Seller's liability for the defect by means of an expert opinion or expert opinion issued by an accredited body, an authorized body or a notified body, the Buyer may repeatedly complain about the defect and the Seller cannot refuse liability for the defect; Section 621 (3) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended, does not apply to repeated complaints of defects. The costs of the consumer associated with the expert opinion and expert opinion are covered by Section 509 (2) of Act No. 40/1964 Coll., the Civil Code, as amended.

6.5.If, prior to the conclusion of the contract or, if the contract is concluded on the basis of the Buyer's order, before the order is sent, the Seller has informed the Buyer that defects can also be claimed against another person, the act or omission of that person shall be considered as an act or omission of the Seller for the purposes of liability for defects.

VII. Removal of the defect

7.1. The Buyer has the right to choose to remove the defect by replacing the item or repairing the item. The buyer cannot choose a method of remedying a defect that is not possible or that would cause the seller disproportionate costs compared to the second method of remedying the defect, taking into account all the circumstances, in particular the value that the item would have had without the defect, the seriousness of the defect and the fact whether the second method of remedying the defect would cause significant inconvenience to the buyer.

7.2.The Seller may refuse to remove the defect if repair or replacement is not possible or if it would require disproportionate costs in view of all circumstances, including those referred to in the second sentence of clause 7.1.

7.3. The Seller shall repair or replace the item within a reasonable period of time after the Buyer has complained about the defect, free of charge, at its own expense and without causing serious inconvenience to the Buyer with regard to the nature of the item and the purpose for which the Buyer requested the item.

7.4.Na the purpose of repair or replacement, the buyer shall hand over or make available the item to the seller or a person pursuant to Section 622 (5) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended. The costs of taking over the item are borne by the seller.

7.5.The Seller shall deliver the repaired item or replacement item to the Buyer at its own expense in the same or similar manner in which the Buyer delivered the defective item, unless otherwise agreed by the parties. If the buyer does not take over the item within six months from the date on which he was supposed to take it over, the seller may sell the item. In the case of an item of greater value, the seller shall notify the buyer in advance of the intended sale and shall give him a reasonable additional period of time to take possession of the item. The Seller shall pay the Buyer the proceeds from the sale of the Item immediately after the sale, after deducting the costs reasonably incurred for its safekeeping and sale, if the Buyer exercises the right to a share of the proceeds within a reasonable period of time specified by the Seller in the notice of the intended sale of the Item. The seller may destroy the item at his own expense if it has not been sold or if the anticipated proceeds from the sale are not sufficient even to cover the costs that the seller reasonably incurred for the safekeeping of the item and the costs that the seller would necessarily have to incur for its sale.

7.6.When removing the defect, the Seller shall ensure the removal of the item and the installation of the repaired item or a replacement item, if the replacement or repair requires the removal of the defective item, which was installed in accordance with its nature and purpose before the defect became apparent. The Seller and the Buyer may agree that the removal of the item and the installation of the repaired or replacement item shall be provided by the Buyer at the expense and risk of the Seller.

7.7.When the defect is removed by replacing the item, the Seller is not entitled to compensation for damage caused by normal wear and tear of the item and to compensation for normal use of the item before its replacement.

7.8. The Seller is liable for defects in the substitute item pursuant to Section 619 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended.

7.9. The Buyer is entitled to a reasonable discount on the purchase price or may withdraw from the Purchase Contract without providing an additional reasonable period of time pursuant to Section 517 (1), Act No. 40/1964 Coll., Civil Code, as amended, if:

(a)the seller has not repaired or replaced the item;

1. b) the seller has not corrected or replaced the item in accordance with Section 623 (4) and (6) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended,

c)the seller refused to remove the defect pursuant to Section 623 (2) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended,

d)the item has the same defect despite the repair or replacement of the item,

(e)the defect is of such a serious nature that it justifies an immediate discount on the purchase price or withdrawal from the sales contract, or

(f)the seller has declared, or it is clear from the circumstances, that he will not remedy the defect within a reasonable period of time or without causing serious inconvenience to the buyer.

7.10. The discount on the purchase price must be proportionate to the difference between the value of the item sold and the value that the item would have if it were free of defects.

7.11.The Buyer may not withdraw from the Purchase Contract pursuant to Clause 7.9 if the Buyer was involved in the occurrence of the defect or if the defect is negligible. The burden of proof that the buyer participated in the occurrence of the defect and that the defect is negligible lies with the seller.

7.12.If the contract concerns the purchase of several items, the buyer may withdraw from it only in relation to the defective item. In relation to other items, he may withdraw from the contract only if it cannot reasonably be expected that he or she will be interested in retaining other items without the defective item.

7.13.Upon withdrawal from the contract or part thereof, the Buyer shall return the item to the Seller at the Seller's expense. The seller will ensure the removal of the item that was installed in accordance with its nature and purpose before the defect became apparent. If the Seller fails to remove the item within a reasonable period of time, the Buyer may arrange for the item to be removed and delivered to the Seller at the Seller's expense and risk.

7.14.Upon withdrawal from the contract, the Seller shall return the purchase price to the Buyer no later than 14 days from the date of returning the item to the Seller or after proving that the Buyer has sent the item to the Seller, whichever comes first.

7.15.The Seller shall refund the purchase price to the Buyer or pay the Buyer a discount on the purchase price in the same manner as the Buyer used when paying the purchase price, unless the Buyer expressly agrees to another method of payment. All costs associated with payment are borne by the seller.

7.16.The Seller is not entitled to compensation for damage caused by normal wear and tear of the item and to compensation for the normal use of the item before withdrawing from the purchase contract.

VIII. Liability for defects in digital fulfillment

8.1.The trader shall be liable for any defect that the digital supply has at the time of its delivery and that becomes apparent within two years of its delivery, in the case of a digital supply that is supplied as a single transaction or as a set of individual transactions.

8.2.The trader shall remedy the defect in the digital performance within a reasonable period of time after the consumer has complained of the defect, free of charge and without causing serious inconvenience to the consumer, taking into account the nature of the digital performance and the purpose for which the consumer requested the digital performance.

8.3.The Trader may refuse to remove the defect if removal is not possible or if it would incur disproportionate costs in view of all the circumstances, in particular the value that the digital performance would have without the defect and the seriousness of the defect.

IX. Liability for defects in the service

9.1. The Subcontractor is responsible for defects that the item has when it is taken over by the Client. 

9.2. If the defect becomes apparent within 24 months from the date on which the Client should have taken over the item, it is assumed that it is a defect that the item already had at the time of receipt. This shall not apply if the contrary is proved or if that presumption is incompatible with the nature of the thing or defect.'.

X. Final provisions

10.1. This Complaints Procedure forms an integral part of the General Terms and Conditions and the Privacy Policy and Instruction of this Website. Documents – General Terms and Conditions and Privacy Policy and Instructions of this Website are published on the domain of the Seller's Website.

10.2. This Complaint Procedure is valid and effective at the moment of its publication on the Seller's Website on 01.07.2024