(Liability for defects, warranty, complaints)
Trading Name: Deklik Ltd.
Registered Office: Južná trieda 2881/4B, 040 01 Košice – Juh
Company ID: 55784861
Legal Form: Limited Liability Company
Represented by: Dalibor Znamenák, Viktória Znamenáková
Phone Number: +421908206347, +421909101266
Mailing Address: Štefánikova 20, Košice – Staré Mesto, 04 001
Business Location: Kambria Salon – Štefánikova 20, Košice – Staré Mesto, 04 001
Slovak Trade Inspection (SOI) SOI Inspectorate for Košice Region Vrátna 3, 040 01 Staré Mesto Email: firstname.lastname@example.org
The Seller is responsible for product defects, and the Buyer is obliged to report a complaint immediately to the Seller in accordance with this complaint procedure. Information on service locations for warranty and post-warranty service is published on the Seller’s website.
This complaint procedure and the Seller’s Terms and Conditions for consumers apply to the handling of complaints.
This complaint procedure applies to products that are the subject of an electronic commerce contract on the Seller’s website.
During the warranty period, the Buyer has the right to free defect correction upon presentation of the product, including accessories, documentation, and instructions, along with the warranty certificate or purchase receipt.
The Seller handles complaints on business days, in person, by phone, or in writing. If the product has defects, the customer has the right to make a complaint at any of the Seller’s premises in accordance with Section 18, Paragraph 2 of Act No. 250/2007 Coll. on Consumer Protection and on the amendment of the law of the Slovak National Council No. 372/1990 Coll. on petty offenses, as amended (“Act”), by delivering the product to the Seller’s premises at Štefánikova 20, Košice – Staré Mesto, 04 001, along with a copy of a valid purchase receipt, and by completing the complaint form and delivering it to the Seller. The form’s format is determined by the Seller, and its template is placed on their website. The complaint form can be downloaded from www.kambria.sk. The Buyer is obliged to precisely indicate the type and scope of product defects in the form. The complaint process for a product that can be objectively delivered to the Seller begins on the day when all the following conditions are met: i. submission of the completed complaint form, ii. delivery of the product under complaint, iii. submission of the purchase receipt. If the Buyer sends the shipment by mail, the Seller recommends insuring the shipment with the product. The Seller does not accept shipments sent with cash on delivery. The Seller recommends properly packaging the product to prevent damage during transport. The start of the complaint process is also the day the complaint is submitted.
The Buyer may file a complaint at any of the Seller’s premises where the acceptance of the complaint is possible concerning the sold product, or with a designated person. A designated person may settle the complaint only by handing over the repaired product; otherwise, the complaint is forwarded to the Seller for processing. An employee responsible for handling complaints must be present at the premises and with the designated person during business hours.
The Seller or the designated person shall provide the Buyer with a confirmation of the product complaint in the form of an email message or in another written form, in which the product defects must be precisely identified. The Seller shall inform the Buyer of their rights under Section 622 and Section 623 of the Civil Code. If the complaint is made via means of remote communication, the Seller must deliver the confirmation of the complaint immediately; if immediate delivery is not possible, it must be delivered without undue delay but no later than together with the complaint processing confirmation; the complaint confirmation does not need to be delivered if the Buyer can prove the complaint differently.
Based on the Buyer’s decision to exercise their rights under Section 622 and Section 623 of the Civil Code, the Seller or the designated person is obliged to determine how to handle the complaint according to Section 2, Letter m) of the Act (handover of the repaired product, product exchange, refund of the product’s purchase price, a reasonable discount on the product’s price, written request for performance delivery, or justified refusal of the complaint) immediately, but in more complex cases, no later than within 3 business days from the day of complaint submission, or in justified cases, especially if a complex technical evaluation of the product’s condition is required, no later than within 30 days from the day of complaint submission. After determining how to handle the complaint, the complaint must be handled immediately. In justified cases, the complaint may also be processed later; however, the processing time should not exceed 30 days from the day of complaint submission. After this period, the Buyer has the right to withdraw from the contract or the right to exchange the product for a new one. The conclusion of the complaint process and the outcome of the complaint are communicated to the Buyer in a manner agreed upon by both parties (e.g., by email or registered mail), and a complaint protocol will be delivered to the Buyer along with the product. If the Buyer submits a product complaint within the first 12 months from the conclusion of the purchase agreement, the Seller can process the complaint rejection only based on expert product evaluation (hereinafter “expert product evaluation”). Regardless of the expert product evaluation results, the Seller cannot require the Buyer to cover the costs related to the expert product evaluation or any other costs associated with the expert product evaluation. The Seller is obliged to provide the Buyer with a copy of the expert product evaluation justifying the complaint rejection no later than within 14 days from the day of the complaint handling.
If the Buyer submits a product complaint after 12 months from the conclusion of the purchase agreement, and the Seller rejects the complaint, the person who processed the complaint is obliged to include in the complaint handling confirmation, to whom the Buyer can send the product for expert product evaluation. If the Buyer sends the product for expert product evaluation to the designated person specified in the complaint handling confirmation, the Seller, regardless of the expert product evaluation results, covers the costs of the expert product evaluation and all purposefully incurred costs related to the expert product evaluation. The complaint cannot be rejected in the event of a re-submitted complaint.
There is no right to claim a warranty from the Seller, especially when:
i. the payment receipt, delivery note, or warranty certificate and product accessories are not submitted, ii. the warranty period of the product has expired, iii. mechanical damage to the product caused by the Buyer, iv. the product is used in a manner that is inconsistent with the product’s instructions for use, v. improper handling, operation, or lack of care for the product, vi. unauthorized interference with the product by a non-authorized person, vii. damage caused by unavoidable events.
Any defect that occurs after the product’s acceptance by the Buyer is not a defect caused by a breach of contract, and the Buyer is not entitled to the rights to claim a warranty from the Seller. The Buyer is entitled to complain about defects in the product that occur upon receipt of the product within 24 months from the date of receipt of the product.
The Seller is obliged to process the complaint and conclude the complaint handling in one of the following ways:
i. by delivering the repaired product, ii. by exchanging the product, iii. by refunding the product’s purchase price, iv. by providing a reasonable discount on the product’s price, v. by sending a written request for performance delivery by the Seller, vi. by a justified refusal of the product’s complaint.
The Seller is obliged to issue a confirmation to the Buyer when the complaint is lodged. If the complaint is lodged via means of remote communication, the Seller is obliged to deliver a complaint confirmation to the Buyer immediately. If immediate delivery is not possible, it must be delivered without undue delay, but no later than within 30 days from the day of the complaint submission. The complaint confirmation does not need to be delivered if the Buyer can prove the complaint differently. The Seller is obliged to issue a written confirmation of the complaint conclusion no later than within 30 days from the day of the complaint submission.
The warranty period is 24 months (unless a different warranty period is specified for specific cases) and begins from the day of the product’s acceptance by the Buyer.
The warranty period is extended for the duration of time during which the Buyer could not use the product due to a warranty repair.
In the case of product exchange for a new one, the warranty period for the new product begins again from the date of receipt of the new product, but only for the new product. In such a case, the Buyer receives a receipt specifying the exchanged product.
Warranty repairs, when a warranty claim is filed, are free of charge.
In the case of a defect that can be rectified, the Buyer has the right to have it promptly and properly rectified free of charge. The Seller is obliged to rectify the defect without undue delay.
The Buyer may request product exchange instead of defect rectification, or, if the defect concerns only part of the product, exchange of the part. The Seller may process the complaint in this way only if it does not result in unreasonable costs to the Seller relative to the product’s price or the severity of the defect.
Instead of defect rectification, the Seller may exchange the faulty item for a defect-free one, unless this would cause the Buyer significant inconvenience.
In the case of an unremovable defect that prevents the product from being properly used as a defect-free product, the Buyer has the right to request a product exchange or the right to withdraw from the contract. The same right applies to the Buyer if the defect is removable but the Buyer cannot use the product properly due to the recurring defect after repair or due to a higher number of defects. In the case of other unremovable defects, the Buyer has the right to a reasonable discount on the product’s price.
Complaint handling applies only to the defects and defects described by the Buyer in the complaint form for a product complaint.
If the Seller processes a justified complaint rejection and the Buyer believes that the product’s defect still exists and has not been rectified, the Buyer may assert their right to defect rectification through the court.
An exchange of the product for another product due to the Buyer’s dissatisfaction with the size, shape, type, etc., is not possible.
In Košice, on October 17, 2023
Dalibor Znamenák – CEO
Viktória Znamenáková – CEO