Complaints procedure

General provisions and definitions

The company Ware Housing Plus s.r.o. with its registered office at Račianska 1527/83 831 02 Bratislava - Nové Mesto city districtIČO: 50059289 DIČ: 2120178225, issues in accordance with the provisions of Section 18, paragraph 1 of Act No. 250/2007 on Consumer Protection this Complaints Procedure of Ware Housing Plus s.r.o. (hereinafter referred to as the "Complaint Procedure"), which informs customers of Ware Housing Plus s.r.o. about the conditions and method of complaints, including information on where complaints can be filed and about the performance of warranty repairs.

This Complaints Procedure was prepared in accordance with the provisions of Act No. 250/2007 Coll. on Consumer Protection, as amended (hereinafter referred to as the "Act") and applies to consumer goods (hereinafter referred to as the "Goods"), for which the buyer's rights of liability for defects (hereinafter referred to as the "Complaints") are applied during the warranty period.

Seller is a person who, when concluding and performing a consumer contract, acts within the scope of his business activity or profession, or a person acting in his name or on his behalf.

Buyer is a consumer, i.e. a natural person who, when concluding and performing a consumer contract, does not act within the scope of his business activity, employment or profession. It is the entity that has concluded a contract with the Seller for the purchase of Goods.

A complaint is understood to mean the exercise of liability for defects in a product or service purchased in the operation of Ware Housing Plus s.r.o., under the name BlauGlasssa in the Slovak Republic or in the company's online store.

Processing a complaint is understood to mean the termination of the complaint procedure by handing over the repaired product, replacing the product, refunding the purchase price, paying an appropriate discount on the price of the product, a written request to take over the performance or its justified rejection.

A complaint about the product can be made by the buyer to the seller. If the warranty certificate specifies another person authorized by the manufacturer to carry out repairs (designated person), who is at the seller's location or at a location closer to the buyer, the buyer may exercise the right to repair with this designated person.

The seller is responsible for defects that the goods have upon receipt by the buyer. In the case of used items, he 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 agreed. If the items are not perishable or used items, the seller is responsible for defects that occur after receipt of the item within the warranty period (warranty).

Warranty conditions

The warranty period is 24 months and for used items 12 months. The warranty period begins on the date of receipt of the goods by the buyer. Rights from liability for defects in perishable goods must be exercised no later than the day following the purchase of the product, otherwise the rights will expire. By a statement in the confirmed warranty certificate issued to the buyer or in advertising, the seller may provide a warranty exceeding 24 months, with the conditions and scope of the warranty being determined in the warranty certificate. The warranty period for services (repair or modification of the item) is 3 months. The warranty period for custom-made items is 24 months. If a period of use is indicated on the item sold, its packaging or the instructions attached to it, the warranty period will not end before the expiration of this period. For a buyer who does not have the status of a consumer, the warranty period is 6 months.

The warranty does not apply to mechanical damage to the goods by the buyer, use of the goods in non-compliant or inappropriate conditions, unprofessional handling, neglect of care for the goods, unprofessional assembly, incorrect handling and use of the goods, incorrect care of the goods, unprofessional installation. The right to free warranty repair also expires in the case of unprofessional assembly, unprofessional commissioning of the goods, unprofessional handling of the goods or any unprofessional intervention in the goods during the warranty period by a person other than an authorized person.

The seller also reserves the right not to refund money for such goods and the right not to exchange them for other goods. All warranty repairs are free of charge. The buyer is obliged to complain about the product defect in a timely manner. When making a complaint, the buyer is obliged to present the claimed product and provide all necessary documents for the complaint.

The seller or a person designated by him is obliged to inform the buyer who has made a complaint about his rights under the Civil Code, and based on the buyer's decision which of these rights he exercises, the seller is obliged to determine the method of handling the complaint immediately, in complex cases no later than within 3 working days, 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 the deadline for handling the complaint has expired, the buyer has the right to withdraw from the contract or the right to exchange the product for a new product.

The Buyer is entitled to withdraw from the contract in all cases stipulated by the Law. The withdrawal is effective against the Seller from the moment the Buyer's written declaration of withdrawal from the contract is delivered to him. In the event of withdrawal from the contract, the contract is cancelled from the beginning and the contracting parties are obliged to return everything they provided on the basis of it.

At the request of the customer, the seller is obliged to provide a guarantee in writing (warranty letter). If the nature of the matter allows, it is sufficient to issue a tax document of purchase, which contains all the necessary requirements stipulated by law, instead of a warranty letter.

The warranty period is extended by the period during which the buyer could not use the goods due to warranty repair of the goods.

In the event of exchanging the goods for a new one, the buyer will receive a document stating the replaced goods. Any further complaints are applied on the basis of the original delivery note and this complaint document. In the case of exchange of goods, the warranty period begins on the date of receipt of the new goods, but only for the new goods.

Rights of liability for defects of the goods for which the warranty period applies shall lapse if they are not exercised within the warranty period.

Processing of complaints

If the goods have a defect that can be removed, the buyer has the right to have it removed free of charge, in a timely manner and properly. The seller is obliged to remove the defect without undue delay.

However, the buyer should not continue to use the item in which the defect was discovered. If the defects occur after purchase, they must be reported without undue delay after the defect is discovered, at the latest by the expiration of the warranty period. After the expiration of the warranty period, the right to complain shall lapse.

Wear characteristic of the given material or use is not considered a defect. It is not a defect if the nature of the item sold implies that its lifespan is shorter than the warranty period and if, during normal use of such an item, its total wear occurs before the warranty period expires.

The buyer may request the replacement of the item instead of removing the defect, or if the defect concerns only a part of the item, the replacement of the part, if this does not cause the seller unreasonable costs in relation to the price of the goods or the severity of the defect. The seller may always replace the defective item with a flawless item instead of removing the defect, if this does not cause serious difficulties for the buyer. If the defect is irremovable and prevents the item from being used properly as a defect-free item, 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 if the buyer cannot use the item properly due to the recurrence of the defect after repair or due to a large number of defects. If there are other irremovable defects, the buyer has the right to an appropriate discount on the price of the item.

Rights arising from liability for defects are applied to the seller from whom the item was purchased, by sending or personally delivering a properly completed written complaint together with the defective goods and the warranty certificate or proof of purchase to the address of the seller's registered office. The seller is not obliged to accept the shipment from the buyer if its acceptance is conditional on payment (cash on delivery).

In the event that the buyer exercises his right and requires the removal of the defect in the goods by repair and the warranty certificate specifies an entity other than the seller for the purposes of warranty repairs of the goods, whose place of business is in the same place as the seller or in a place closer to the buyer, the buyer shall exercise the right to warranty repair with the entity specified in the warranty certificate.

In the event that it is not possible to apply for warranty repair with an entity other than the seller, the seller shall ensure warranty repair. On the day of receipt of the complaint, the seller shall issue the buyer a document confirming receipt of the complaint for the goods, in which he shall precisely indicate the defects in the goods in accordance with the provisions of Section 18(5) of the Consumer Protection Act. After the complaint has been resolved, the seller shall inform the buyer by e-mail and shall also deliver to the buyer by e-mail or registered mail a written document on the resolution of the complaint (complaint protocol) no later than 30 days from the date of the complaint.

If the buyer has filed a complaint about the product during the first 12 months from the date of purchase, the seller may resolve the complaint by rejecting it only on the basis of a professional assessment; regardless of the result of the professional assessment, the buyer will not be required to pay the costs of the professional assessment or other costs related to the professional assessment. The seller is obliged to provide the buyer with a copy of the professional assessment justifying the rejection of the complaint no later than 14 days from the date of the complaint.

If the buyer has made a product complaint after 12 months from the date of purchase and the seller has rejected it, the seller will state in the complaint settlement document to whom the buyer can send the product for expert assessment. If the expert assessment is in the buyer's favor, the buyer may submit the complaint again; the seller cannot reject a resubmitted complaint. The costs of the expert assessment as well as all other related costs incurred in a reasonable manner shall be borne by the seller. The seller is obliged to reimburse the consumer within 14 days of the date of resubmitting the complaint all costs incurred for the expert assessment as well as all other related costs. The warranty period does not expire during the performance of the expert assessment.

The seller is obliged to issue a confirmation to the buyer when submitting a complaint. If the complaint is submitted by e-mail, the seller is obliged to deliver the confirmation of the submission of the complaint to the buyer 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 document confirming the settlement of the complaint; the confirmation of the claim does not have to be delivered if the buyer has the opportunity to prove the claim in another way.

The seller is obliged to settle the claim and terminate the claim procedure in one of the following ways:

1. by handing over the repaired goods,
2. by exchanging the goods
3. by refunding the purchase price of the goods,
4. by paying an appropriate discount on the price of the goods,
5. by justifying the rejection of the claim for the goods.

The buyer has the right to reimbursement of the necessary costs incurred in connection with the exercise of rights under liability for defects. This does not affect the seller's right to compensation for damages in the event of an unjustified complaint.

Compensation for damages incurred by the customer due to a defect in the goods must be properly proven.

If the customer is not satisfied with the handling of the complaint, he may exercise his right through the court.

The warranty does not apply to defects caused by:

• mechanical damage to the goods caused by the buyer after taking over the product,
• using the goods in violation of the manufacturer's instructions,
• using the goods in conditions that do not correspond to the environment for which the goods are intended,
• unprofessional intervention during use or neglect of care and maintenance of the goods,
• excessive loading in violation of the conditions specified in the documentation for the goods, general principles, technical standards or safety regulations regulations valid in the Slovak Republic,
• when transporting the product after acceptance by the buyer,
• by water, fire, static or atmospheric electricity or other force majeure,
• by using components other than those used by the manufacturer, supplier or seller,
• by repairing or modifying the goods by persons who are not authorized to perform warranty repairs,
• by wear and tear, characteristic of the given material or use.

If the buyer complains about the above-mentioned defects, the complaint may be reasonably rejected.

Final provisions

The seller's employees are obliged to comply with applicable legal regulations as well as the employer's internal regulations, which implement and regulate the process of receiving and handling complaints.

Activity The seller is subject to the supervision and supervision of the supervisory and supervisory authority, namely: Slovak Trade Inspection, Inspectorate of SOI for the Bratislava Region Bajkalská 21 / A, P. O. BOX No. 5, 820 07 Bratislava Supervision Department Telephone: 02/58 27 21 72, 02/58 27 21 04 Fax: 02/58 27 21 70

This complaint procedure shall enter into force and effect on 03.11.2023