COMPLAINTS PROCEDURE

Of the online store https://motard-design.com/

I. General provisions

1.1. These Complaints Procedures are issued in accordance with Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended (hereinafter the “Consumer Protection Act”), and Act No. 22/2004 Coll. on Electronic Commerce, as amended. They regulate the legal relationship between the Trader, identified below, and the Buyer.

1.2. The Trader is the company:

Business name: Motard Design s. r. o.
Registered office: Majerská 137/18, Trenčín 911 05, Slovak Republic
Registered in the Commercial Register of the District Court of Trenčín, Section Sro, File No. 41661/R
Company ID (IČO): 53693477
Tax ID (DIČ): 2121469581
VAT ID: SK2121469581
Bank account: SK95 1100 0000 0029 4010 2065

The Trader is a VAT payer (Value Added Tax). (Hereinafter the “Trader”.) These Complaints Procedures apply to the Trader and any Buyer of goods or services offered by the Trader on the Trader’s website who acts as a consumer under the General Terms and Conditions published on that website, these Complaints Procedures and the applicable legislation of the Slovak Republic, in particular Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended, and Act No. 40/1964 Coll., the Civil Code, as amended.

1.3. The Trader’s email and telephone contact details are:

Email: info@motard-design.com
Telephone: +421 903 804 810

1.4. The address for sending correspondence, complaints, withdrawals from contracts and other documents is:

Motard Design s.r.o., Majerská 137/18, 91105 Trenčín, Slovakia

1.5. These Complaints Procedures regulate the rights and obligations of a Buyer acting as a consumer when exercising rights arising from the non-conformity of goods or services (making a complaint) under a distance purchase contract concluded with the Trader through the Trader’s online store at https://motard-design.com/.

1.6. A Buyer is any person (natural or legal) who has entered into a purchase contract with the Trader through the Trader’s website or by other means of distance communication. The provisions of these Complaints Procedures apply to a Buyer who is not a consumer (who purchases for business purposes) only insofar as their application is not excluded by the Commercial Code.

1.7. A Consumer is a Buyer who is a natural person and who, when concluding and performing a purchase contract through the Trader’s website, does not act within the scope of their business activities, employment or profession.

1.8. These Complaints Procedures govern the legal relationship between the Trader and a Buyer who is a consumer when reporting defects and exercising rights arising from the Trader’s liability for non-conformity of goods or services.

1.8.1. Legal relationships (including liability for defects and warranty conditions) between the Trader and a Buyer who is not a consumer (who purchases for business purposes or in the course of a profession) are governed exclusively by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended.

1.9. Products (also referred to as “Items” or “Products”) are goods and services offered for sale and published on the Seller’s website.

II. References

2.1. Legal relationships arising from the Trader’s liability for non-conformity of goods or services (as well as other legal relationships that may arise from the contractual relationship) with natural persons acting as consumers are governed by Act No. 40/1964 Coll., the Civil Code, as amended, and by special regulations, in particular Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended.

2.2. Legal relationships arising from liability for defects between the Trader and a Buyer who is not a consumer (a legal entity or an individual entrepreneur) are governed by Act No. 513/1991 Coll., the Commercial Code, as amended, except for the different warranty period expressly specified for such persons in clause 4.12 of these Complaints Procedures.

2.3. Pursuant to Section 15(1)(o) of Act No. 108/2024 Coll., the Trader informs the consumer that there are no special codes of conduct to which the Seller has undertaken to adhere. A code of conduct means an agreement or set of rules defining the conduct of a seller who has undertaken to comply with those rules in relation to one or more particular commercial practices or business sectors, where such rules are not prescribed by law, another legal regulation or a measure of a public authority, and in respect of which the consumer may be informed about how to consult or obtain their wording.

III. Trader’s liability for defects in products (goods and services)

3.1. The Trader must supply the item (goods) or service in accordance with the concluded purchase contract, i.e. in the required quality and quantity and free from defects (factual and legal).

3.2. The Trader is liable for defects that the sold item or service has when accepted by the Buyer. In the case of items other than used items, the Trader is also liable for defects arising after acceptance during the warranty period (warranty). The Trader recommends that the Buyer report defects in goods or services without undue delay. In the case of used items, the Trader is not liable for defects arising from their use or wear and tear. In the case of items sold at a reduced price, the Trader 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 offered for sale before accepting it.

IV. Warranty period

4.1. The warranty period is 24 months. For a used item, the warranty period is 12 months. Warranty periods begin when the Buyer accepts the item or service.

4.2. Except for items that deteriorate quickly or used items, the Trader is liable for defects occurring after acceptance of the item during the warranty period (warranty). The warranty period is 24 months. If a period for use is indicated on the item sold, its packaging or accompanying instructions, the warranty period will not expire before that period ends.

4.3. For a used item, the Buyer and Trader may agree on a shorter warranty period, but not one shorter than 12 months.

4.4. For items intended for long-term use, special regulations may prescribe a warranty period longer than 24 months. A warranty period exceeding 24 months may apply only to a particular component of an item.

4.5. At the Buyer’s request, the Trader must provide the warranty in writing (a warranty certificate). If the nature of the item permits, a purchase receipt is sufficient instead of a warranty certificate.

4.6. By a statement in a warranty certificate issued to the Buyer or in advertising, the Trader may provide a warranty exceeding the scope of the warranty established by law. The Trader shall specify the terms and scope of that warranty in the warranty certificate.

4.7. Warranty periods begin when the Buyer accepts the item. If the purchased item is to be put into operation by an entrepreneur other than the Trader, the warranty period begins only on the date of commissioning, provided that the Buyer ordered commissioning no later than three weeks after accepting the item and duly and promptly provided the cooperation necessary to carry out the service.

4.8. If an item is replaced with a new item, the warranty period begins again when the new item is accepted.

4.9. If part of an item is replaced and the nature of the item permits it, the warranty period for that part begins again when the new part is accepted. The same applies if a component covered by a warranty is replaced.

4.10. Rights arising from liability for defects of an item to which a warranty period applies expire if they are not exercised during that warranty period.

4.11. The warranty period is extended by the time during which the goods were the subject of a complaint. Rights arising from liability for defects of goods covered by a warranty period expire if they were not exercised during that period.

4.12. With reference to Section 429(2) of Act No. 513/1991 Coll., the Commercial Code, as amended, the Trader declares that in commercial relationships between the Trader and a Buyer who does not act as a consumer, the Trader provides a quality warranty for goods and services lasting 12 months. The warranty period begins in accordance with Article IV, clause 4.1 of these Complaints Procedures.

V. Procedure for exercising rights arising from liability for defects (complaints)

5.1. The Buyer may exercise rights arising from liability for defects in an item, goods or service at the following address: Motard Design s.r.o., Majerská 137/18, 911 05 Trenčín, Slovakia. The Buyer may always lodge a complaint in person at any of the Trader’s establishments where accepting a complaint is possible given the nature of the item, or at the Trader’s registered office, or through third parties such as transport companies, parcel delivery companies or Slovenská pošta. The Trader recommends that Buyers use the Complaints Form available free of charge on the Trader’s website. When making a complaint, the Trader recommends that the Buyer enclose an invoice, warranty certificate or other proof that the goods or service were purchased from the Trader. The Trader also recommends that the Buyer describe the defect in the goods or service.

5.1.1. If the Buyer makes a complaint about goods or a service other than in person, the Trader recommends sending the goods together with a detailed description of the defect and proof of purchase from the Trader (for example proof of payment, an invoice or a warranty certificate) to speed up the complaints procedure.

5.1.2. For complaints, we recommend sending goods by registered delivery. The Trader recommends not sending goods cash on delivery, as such shipments will not be accepted by the Trader.

5.1.3. The Trader must issue the consumer with confirmation when a complaint is made. If a complaint is made by means of distance communication, the Trader must deliver confirmation of the complaint to the consumer immediately; if immediate delivery is not possible, it must be delivered without undue delay, but no later than together with the document confirming how the complaint was resolved. Confirmation of the complaint need not be delivered if the consumer can prove that the complaint was made in another way.

5.1.4. The Trader must issue a written document concerning the resolution of the complaint no later than 30 days from the date the complaint was made, and no later than together with the document confirming how it was resolved if the period for resolving the complaint began on the date the Seller received the item being complained about.

5.1.5. Resolution of a complaint means concluding the complaints procedure by handing over a repaired product, replacing the product, refunding the purchase price, granting an appropriate discount on the product price, issuing a written request to accept performance, or rejecting the complaint with reasons.

5.2. Resolution of a complaint does not affect the consumer’s right to compensation for damage under a separate regulation.

5.3. Without undue delay after the Buyer reports a defect (makes a complaint), the Trader shall deliver written confirmation of the defect report to the consumer. In that confirmation, the Trader shall specify a reasonable period within which the defect in the Goods submitted for complaint will be remedied. The stated period must not exceed 30 days from the date the defect was reported, unless a longer period is justified by an objective reason beyond the Trader’s control.

5.3.1. The period for remedying a defect is assessed from the date the defect was reported under applicable law, not automatically from the date the trader physically receives the goods. The buyer must provide necessary cooperation and, where required, make the goods available for inspection or collection.

5.3.2. If the Trader does not remedy the defect within the statutory or stated period, the Buyer (consumer) has the right to an appropriate reduction in the purchase price or to withdraw from the purchase contract and request a refund.

5.4. If the Trader refuses liability for defects (rejects the complaint), the Trader must notify the Buyer (consumer) of the reasons for that refusal in writing. The Trader is not required to attach an expert assessment to the rejection of a reported defect, but the written explanation must clearly specify why the Trader does not acknowledge liability for the defect.

5.5. If the Trader refuses liability for defects, the Buyer (consumer) has the right to have the reported defect assessed by an independent expert or expert witness at the Buyer’s own expense. If the consumer proves the Trader’s liability for the defect by an expert assessment or expert report, the consumer may report the defect to the Trader again. In that case, the Trader must reimburse the consumer for all reasonably incurred costs of that expert assessment within 14 days from the date the defect is reported again. The Trader may no longer refuse the re-reported defect if the consumer has proved its existence by an expert assessment.

5.6. The consumer is entitled to reimbursement of necessary costs (in particular postage paid to send defective goods) incurred in connection with the justified exercise of rights arising from liability for defects in goods or services. If the consumer withdraws from the contract because of a defect in the item or service, the consumer is also entitled to reimbursement of costs associated with that withdrawal.

5.7. Requirements for an expert assessment within the meaning of clause 5.4 of this Article: An expert assessment must contain (a) identification of the person performing the assessment; (b) precise identification of the product being assessed; (c) a description of the product’s condition; (d) the result of the assessment; and (e) the date on which the assessment was prepared.

5.8. If the nature of the Goods permits, the Buyer (consumer) shall hand over or send the Goods to the Trader when reporting the defect (making a complaint). If the nature of the Goods does not permit ordinary delivery to the Trader (for example if the Goods have already been permanently installed), the Buyer shall agree in advance with the Trader on an appropriate method of assessing the defect, potentially performing the remedy directly at the place where the Goods are located, or arranging transport of the Goods at the Trader’s expense.

5.9. The period between the Buyer’s (consumer’s) reporting of the defect and the time when the Buyer was obliged to collect the Goods following repair is not counted towards the period of the Trader’s liability for non-conformity. The Trader must issue the Buyer with written confirmation of the defect report and confirmation that the non-conformity has been remedied (repair carried out), including the duration of the repair.

VI. Buyer’s rights when exercising rights arising from liability for defects

6.1. If a defect can be remedied, the Buyer has the right to have it remedied free of charge, promptly and properly. The Trader must remedy the defect without undue delay.

6.2. Instead of remedying the defect, the Buyer may request replacement of the item, or replacement of the component concerned if the defect affects only that component, provided that this does not cause disproportionate costs to the Trader in view of the price of the goods or the seriousness of the defect.

6.3. The Trader may always replace a defective item with a defect-free one instead of remedying the defect, provided that this does not cause serious inconvenience to the Buyer.

6.4. If a defect cannot be remedied and prevents the item from being properly used as a defect-free item, the Buyer has the right to replacement or to withdraw from the contract. The Buyer has the same rights if the defects are remediable but the Buyer cannot properly use the item because a defect has recurred after repair or because of a larger number of defects.

6.5. For other defects that cannot be remedied, the Buyer has the right to an appropriate reduction in the price of the item.

VII. Final provisions

7.1. These Complaints Procedures form an integral part of the General Terms and Conditions and the Privacy Policy and Information on Personal Data Protection of this website. The General Terms and Conditions and the Privacy Policy and Information on Personal Data Protection are published on the Trader’s website domain.

7.2. If these Complaints Procedures are amended, the relationship between the Buyer and the Trader shall be governed by the Complaints Procedures valid and effective when the purchase contract was concluded, until that contract terminates.

7.3. These Complaints Procedures are valid and take effect upon their publication on the Seller’s website on 21.09.2022.

This online store is certified by http://www.pravoeshopov.sk

COMPLAINTS FORM