COMPLAINTS PROCEDURE
of the online shop https://motard-design.com/
I. General provisions
1.1.These Complaints Regulations are issued in accordance with Act No. 40/1964 Collection Civil Code as amended (hereinafter referred to as the “Civil Code”), Act No. 250/2007 Collection of Laws on Consumer Protection as amended (hereinafter referred to as the “Consumer Protection Act”), Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded away from the Seller’s premises, as amended, and Act No. 22/2004 Coll. of Laws on electronic commerce as amended. A regulates the legal relationship between the Seller, which is:
1.2.The Seller is the Company
Business name: Motard Design s. r. o.
Headquarters: Majerská 137/18, Trenčín 911 05, Slovak Republic
Registered in the District Court of Trenčín, Section Sro, Entry No. 41661/R
ID NUMBER: 53693477
VAT: 2121469581
VAT NUMBER: SK2121469581
Bank account: SK95 1100 0000 0029 4010 2065
Seller is a VAT payer /Value Added Tax/
(hereinafter also referred to as “Seller“) and any 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, these Complaints Regulations and the relevant laws defining the consumer, within the meaning of the applicable legislation of the Slovak Republic, in particular the following laws: Act No. 102/2014 Collection of Laws on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded away from the Seller’s premises, as amended, Act No. 250/2007 Coll. of Laws on consumer protection as amended and Act no. 40/1964 Coll. of Laws the Civil Code as amended
1.3.Email contact and telephone contact to the Seller is:
Email: info@motard-design.com
Tel: +421911584646
1.4.The address for sending documents, complaints, withdrawals from contracts, etc. is:
Motard Design, Električná 11, 91101 Trenčín, Slovakia
1.5.This Complaints Procedure regulates the rights and obligations of the Buyer, who is a consumer, when exercising the rights from defects of the item (goods) or services within the meaning of the concluded distance purchase contract with the Seller through the Seller’s e-shop https://motard-design.com/.
1.6.The Buyer is any person (natural person or legal entity) who has entered into a contract of sale with the Seller through the Seller’s website or other remote-communication means.
1.7. A consumer is a Buyer who is a natural person and who, when concluding a purchase contract through the Seller’s Web site, does not act within the scope of his/her business activity.
1.8.This Complaints Procedure regulates the legal relations between Buyers who are consumers and the Seller. With the exception of 4.12. of these Complaints Regulations (Seller’s statement on the warranty period if the Buyer is not acting in the capacity of a consumer).
1.9.Products (hereinafter also referred to as “Items” or “Products”) are goods, services, 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 Seller’s liability for defects in goods or services (as well as other legal relationships that may arise from the contractual relationship) with natural persons who do not act within the scope of their business (consumers) when concluding a purchase contract are subject to the general provisions of Act No.40/1964 Coll. Civil Code as amended, as well as special regulations, in particular Act no. 102/2014 Collection of Laws on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded away from the Seller’s business premises and Act No. 250/2007 Coll. of Laws on consumer protection.
2.2.Legal relations arising from the application of rights of liability for defects between the Seller and the Buyer, who is a legal person or a natural person entrepreneur acting within the scope of their business activities /persons who are not in the position of a consumer/ are governed by Act No. 513/1991 Coll. Commercial Code as amended. With the exception of 4.12. of these Complaints Regulations (Seller’s statement on the warranty period if the Buyer is not acting in the capacity of a consumer).
2.3.Within the meaning of §3, par. 1, lit. n), Act no. 102/2014 Coll. The seller informs the consumer that there are no specific relevant codes of conduct to which the seller has committed to adhere, whereby a code of conduct means an agreement or a set of rules that define the seller’s behaviour, which the seller has undertaken to comply with that code of conduct in relation to one or more specific commercial practices, or commercial sectors if these are not provided for by law or by other legislation or by action of a public authority) which the seller has undertaken to comply with, and the manner in which the consumer may acquaint himself with them or obtain the text thereof.
III. Seller’s liability for defects in 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 shall be liable for defects in the sold item or service upon receipt by the Buyer. If they are not used items, the Seller is liable for defects that occur after the receipt of the item within the warranty period (warranty). The Seller recommends the Buyer to claim defects in goods or services from the Seller without undue delay. For used items, the Seller is not liable for defects caused by 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 negotiated.
3.3.The buyer is entitled to inspect the sold item or service before acceptance.
IV. Warranty period
4.1.The warranty period is 24 months. The warranty period for a used item is 12 months. Warranty periods begin upon receipt of the item or service by the Buyer.
4.2.Unless they are perishable items or used items, the Seller is liable for defects that occur after the acceptance of the item within the warranty period (warranty). The warranty period is 24 months. If a period of use is indicated on the item sold, its packaging or the instructions accompanying it, the warranty period does not expire before the expiry of this period.
4.3.If it is 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 of time, special regulations provide for a warranty period of more than 24 months. A warranty period exceeding 24 months may cover only a part of the item.
4.5.At the Buyer’s request, the Seller is obliged to provide a guarantee in writing (guarantee letter). 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 statement in the warranty certificate issued to the Buyer or in the advertisement, the Seller may provide a warranty exceeding the scope of the warranty provided for in this Act. The Seller shall specify the terms and scope of this warranty in the warranty certificate.
4.7.Warranty periods begin to run from the Buyer’s acceptance of the item. If the purchased item is to be put into operation by an entrepreneur other than the Seller, the warranty period shall commence only from the date of putting the item into operation, provided that the Buyer has ordered the putting into operation within three weeks at the latest from the receipt of the item and has duly and timely provided the necessary cooperation for the performance of the service.
4.8.If a new item is exchanged for a new item, the warranty period starts again from the receipt 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 that part will start again from the receipt of the new item. The same applies if a part of the item covered by the warranty is replaced.
4.10.Liability rights for defects for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period.
4.11.The warranty period is extended by the period for which the goods have been in complaint. Liability rights for defects in the goods for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period.
4.12.Following § 429, par. 2 of Act No. 513/1991 Coll. Commercial Code as amended, the Seller declares that in the case of the length of the warranty period in commercial relations between the Seller and the Buyer, who does not act in the capacity of a consumer, the Seller assumes the warranty for the quality of goods and services for a duration of 12 months.
The warranty period shall commence in accordance with the provisions of Article IV, point 4.1 of this Complaints Procedure.
V. Procedure for exercising liability for defects (Complaints)
5.1.The buyer is entitled to exercise the rights of liability for defects in the goods or services at Motard Design, Električná 11, 91101 Trenčín, Slovakia
The Buyer may always exercise the right to make a claim in person at any of the Seller’s premises where the acceptance of the claim is possible due to the nature of the item, or at the Seller’s registered office, or through third parties, e.g. transport companies, mail order companies, Slovak Post and others. The Seller recommends Buyers to use the Complaint Form to make a complaint. The above form is freely accessible on the Seller’s Website.
When making a claim, the Seller recommends the Buyer to provide an invoice, warranty certificate or other document proving the purchase of the claimed goods or services from the Seller. The Seller recommends the Buyer to describe the defect of the goods or services when making a claim.
5.1.1.If the Buyer claims goods or services otherwise than in person, the Seller recommends the Buyer to 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 (e.g. proof of payment, invoice, warranty card), in order to speed up the claim process.
5.1.2.In case of a complaint, we recommend sending the goods by registered mail. 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 when making a claim. If the claim is made by means of remote communication, the Seller is obliged to deliver the confirmation of the claim to the consumer 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 proof of the claim; the confirmation of the claim does not have to be delivered if the consumer has the opportunity to prove the claim in another way.
5.1.4.The Seller shall be obliged to issue a written document on the handling of the complaint no later than within 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 time limit for its handling began to run from the date of receipt of the subject of the complaint by the Seller.
5.1.5.The settlement of the complaint shall be understood as the completion of the complaint procedure by handing over the repaired product, replacement of the product, refund of the purchase price of the product, payment of a reasonable discount on the price of the product, a written invitation to take over the performance or a reasoned rejection of the complaint,
5.2.The handling of the complaint is without prejudice to the consumer’s right to compensation for damages under a special regulation.
5.3.The Seller is obliged to determine the method of complaint handling pursuant to Art. m) of Act No. 250/2007 Collection of Laws as amended (under thesettlement of a complaint means the termination of the complaint procedure by handing over the repaired product, replacing the product, refunding the purchase price of the product, paying a reasonable discount on the price of the product, a written invitation to take over the performance or a reasoned refusal to do so) immediately, in complex cases no later than 3 working days from the date of the claim, in justified cases, in particular if a complex technical assessment of the condition of the product or service is required, no later than 30 days from the date of the claim. Once the method of handling the claim has been determined, the claim shall be handled immediately; in justified cases, the claim may also be handled later; however, the handling of the claim shall not take longer than 30 days from the date of the claim. If the acceptance of the subject of the complaint by the Seller occurs on a day later than the day on which the complaint is made, the time limits for the processing of the complaint under this paragraph shall commence from the date of acceptance of the subject of the complaint by the Seller; however, at the latest from the moment when the Seller prevents or hinders the acceptance of the subject of the complaint. After the expiration of the complaint period, 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 has made a claim for a Product within the first 12 months of purchase, the Seller may only reject the claim on the basis of a professional assessment; irrespective of the outcome of the professional assessment, the Consumer may not be required to pay the costs of the professional assessment or any other costs associated with the professional assessment. The Seller is obliged to provide the Consumer with a copy of the professional assessment justifying the rejection of the complaint no later than 14 days from the date of the complaint.
5.5.If the consumer claims the product after 12 months from the purchase and the Seller rejects it, the person who handled the claim is obliged to indicate in the claim handling document to whom the consumer can send the product for professional assessment. If the product is sent to a designated person for expert assessment, the costs of the expert assessment as well as all other related costs reasonably incurred shall be borne by the Seller irrespective of the outcome of the expert assessment. If the consumer proves the Seller’s liability for the defect by a professional assessment, the consumer may file a claim again; the warranty period does not expire during the professional assessment. The Seller is obliged to reimburse the Consumer within 14 days from the date of reasserting the claim for all costs incurred for the professional assessment, as well as all related costs reasonably incurred. A reasserted claim cannot be rejected.
5.6.The consumer is entitled to reimbursement of the necessary costs (in particular the postage costs paid by the consumer when sending the claimed goods) incurred in connection with the assertion of legitimate rights under the liability for defects in goods and services. In the event of withdrawal from the contract due to a defect in the goods or services, the consumer is also entitled to reimbursement of the costs of such withdrawal.
5.7.The requirements of the professional assessment as set out in point 5.4 of this Article:
The expert assessment must include:
a) identification of the person carrying out the expert assessment,
b) the precise identification of the product under consideration,
c) a description of the condition of the product,
d) the outcome of the assessment,
e) the date of the expert assessment.
5.8.If the nature of the product allows it, the consumer shall hand over the product to the Seller (designated person) when making a claim. If the nature of the product does not allow the delivery of the product to the Seller (designated person), the consumer may 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 transportation of the product.
5.9.The period from the exercise of the right of liability for defects until the time when the Buyer was obliged to take over the item after the completion of the repair is not included in the warranty period. The Seller is obliged to issue the Buyer with a confirmation of when the right was exercised, as well as of the repair and the duration of the repair.
VI. Buyer’s rights when exercising liability for defects
6.1.If it is a defect that can be remedied, the Buyer has the right to have it remedied 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 removing the defect, require replacement of the item or, if the defect concerns only a part of the item, replacement of the part, if this does not incur disproportionate costs for the Seller in relation to the price of the goods or the severity of the defect.
6.3.The Seller may always replace the defective item with a faultless one instead of removing the defect, if this does not cause serious inconvenience to the Buyer.
6.4.If there is a defect which cannot be removed and which prevents the item from being properly used as an item without defect, 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 there are repairable defects, but if the Buyer cannot properly use the item due to the reoccurrence of the defect after repair or due to a greater number of defects.
6.5.If there are other irremediable defects, the Buyer is entitled to a reasonable discount on the price of the item.
VII. Final provisions
7.1.This Complaints Policy forms an integral part of the General Terms and Conditions and the Privacy Policy and Privacy Notice of this Website. The documents – General Terms and Conditions and Privacy Policy and Privacy Notice 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 conclusion of the Purchase and Sale Contract until its termination.
7.3.This Complaints Procedure is valid and effective at the moment of its publication on the Seller’s Website on 21.09.2022
This eshop is certified http://www.pravoeshopov.sk
