COMPLAINTS PROCEDURE OF THE ONLINE STORE NANUKCLOTHING.COM
1. General provisions
1.1. This Complaints Procedure is issued in accordance with Act No. 40/1964 Coll. the Civil Code as amended (hereinafter only the “Civil Code”), Act No. 250/2007 Coll. on Consumer Protection as amended (hereinafter only 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 Outside the Seller’s Premises as amended, and Act No. 22/2004 Coll. on Electronic Commerce as amended.
1.2. The Seller is the company
Business name: NANUKc s.r.o.
Registered office: Tŕnie 82, 962 34 Tŕnie
Registered in the Commercial Register of the District Court Banská Bystrica, Section: Sro, Insert No. 24701/S
Company ID (IČO): 55838294
Tax ID (DIČ): 2122101641
Bank account: SK1583300000002102706556
Carrying out legal acts through: Gabriela Bezrouková
(hereinafter also the “Seller”)
and every person who is the purchaser of the goods or services offered by the Seller in the Seller’s Online Store and who acts in the position of a consumer.
1.2.1. The contact details of the Seller are:
NANUKc s.r.o.
Registered office: Tŕnie 82, 962 34 Tŕnie
info@nanukclothing.com
Email: info@nanukclothing.com
tel. No.: 0917469280
1.3. The Complaints Procedure regulates the rights and obligations of the purchaser – consumer when exercising rights arising from defects of the item (goods) under the concluded distance purchase contract with the Seller via the Seller’s Online Store nanukclothing.com. The consumer is the purchaser who, when concluding a purchase contract via the Seller’s Online Store, does not act within the scope of the subject of his/her business activity.
1.4. The Purchaser is any person (natural or legal) who has filled in and sent an order via the Seller’s Website and has received an email notification of the acceptance of the order and has paid the purchase price. The Purchaser is also any person who has placed an order by telephone or by sending an email. This Complaints Procedure regulates the legal relations between the purchaser who is a consumer and the Seller. Legal relations arising from the exercise of rights from liability for defects between the Seller and the purchaser who is a legal entity or a natural person – entrepreneur are governed by Act No. 513/1991 Coll. the Commercial Code as amended.
1.5. A consumer is every Purchaser who, when concluding a purchase contract under this Complaints Procedure and under the General Terms and Conditions published on the Seller’s website, does not act within the scope of the subject of his/her business activity.
2. References
This Complaints Procedure forms a part of the General Terms and Conditions published in the Seller’s Online Store.
3. Liability of the Seller for defects of products (goods and services)
3.1. The Seller is obliged to deliver the item (goods) in accordance with the concluded purchase contract, i.e. in the required quality, quantity and without defects (factual, legal).
3.2. The Seller is liable for defects which the sold item has upon its acceptance by the purchaser. If it is not a used item, the Seller is liable for defects which occur after acceptance of the item during the warranty period (warranty). The purchaser must exercise the defects with the Seller without undue delay.
3.3. If the Seller, when selling goods, offers the purchaser additional goods free of charge as a gift, it is up to the purchaser whether he/she accepts or refuses the offered goods as a gift. A donation contract, the subject of which shall be the gratuitous transfer of such a gift, shall also form part of the purchase contract. However, this gift is not the sold goods, and therefore the Seller is not liable for any defects thereof.
3.4. If the Seller knows about possible defects of the gift, he is obliged to notify the purchaser of such defects when offering the gift. If the gift has defects about which the Seller did not notify the purchaser, the purchaser is entitled to return the gift without any claim to a new gift. If the purchaser acquires the right to withdraw from the purchase contract and to a refund of the purchase price, the donation contract, which forms part of the purchase contract, is also withdrawn from, and the purchaser is obliged to return to the Seller everything which he/she received under the contract, i.e. also the goods received as a gift. It is not possible to withdraw only from a part of the contract, but only from the purchase contract as a whole, including the donation contract, which forms its inseparable part.
4. Warranty period
4.1. The warranty period is 24 months. The warranty period in the case of a used item is 12 months. The warranty periods start to run from the acceptance of the item by the purchaser. If the purchased item is to be put into operation by an entrepreneur other than the Seller, the warranty period starts to run only from the day of putting the item into operation, provided that the purchaser ordered the putting into operation no later than three weeks from the acceptance of the item and duly and in time provided the necessary cooperation for the performance of the service.
4.1.1. In the case of foodstuffs which spoil quickly, the customer must exercise the complaint at the latest on the day following the purchase. In the case of foodstuffs where the minimum durability date is indicated, the warranty period is valid until this date.
4.2. If the purchaser is not a consumer, the procedure shall be in accordance with the provisions of the Commercial Code and the warranty period is 1 year. The warranty period starts to run in accordance with the provision of Art. IV, point 4.1 of this Complaints Procedure.
4.3. The period from the exercise of the right from liability for defects until the time when the purchaser was obliged to accept the item after the repair was completed shall not be included in the warranty period. The Seller is obliged to issue to the purchaser a confirmation of when the right was exercised, as well as of the performance of the repair and of its duration.
4.4. If the item is replaced with a new item, the warranty period shall start to run again from the acceptance of the new item.
4.5. If a part of the new item is replaced, where the nature of the item allows it, the warranty period for that part shall start to run again from the acceptance of the new item.
4.6. The rights from liability for defects of an item for which the warranty period applies shall expire if they have not been exercised within the warranty period.
5. Procedure for exercising rights from liability for defects (Complaint)
5.1. The purchaser is entitled to exercise the rights from liability for defects of an item, goods or service at the address:
7Jezera.ce spol. s r.o.,
Registered office: P. Jilemnického 1204/3, Zvolen 96001
The purchaser may always exercise the right to personally file a complaint in any establishment of the company, or at the company’s registered office, or through third parties, e.g. transport companies, parcel services, Slovenská pošta (Slovak Post) etc.
For a complaint, we recommend that the purchaser attach the warranty certificate or the document proving payment of the purchase price. The purchaser is recommended, when exercising the complaint for the item, to describe the defect and state how the defect appears.
5.1.1. In the event that the Purchaser complains about the goods or service otherwise than in person, we recommend that the Purchaser send the goods together with a detailed description of the defect of the goods and a document proving the purchase of the goods in our shop (for example, proof of payment, invoice, warranty certificate), in order to speed up the complaints process.
5.1.2. In the case of a complaint, we recommend sending the goods by registered form. Do not send the goods as cash on delivery; such consignments will not be accepted by us.
5.1.3. During working hours, the Seller shall designate a person responsible and authorised to receive and handle complaints.
5.2. After acceptance of the complained item by the Seller, a confirmation of the exercise of the complaint shall be issued to the purchaser immediately; if serious circumstances prevent this, then without undue delay, but no later than together with the document on the handling of the complaint.
5.3. The Seller is obliged to determine the method of handling the complaint immediately, in complex cases within 3 days from the date of the exercise of the complaint. In justified cases, in particular if a complex technical assessment of the goods is required, at the latest within 30 days from the date of the exercise of the complaint. After determining the method of handling the complaint, the Seller shall handle the complaint immediately; in justified cases, the complaint may be handled later. However, the handling of the complaint must not take longer than 30 days from the date of the exercise of the complaint. After the expiry of the 30-day period for handling the complaint, the purchaser has the right to withdraw from the purchase contract and the full amount for the goods will be refunded to him/her, or he/she has the right to have the goods exchanged for new ones.
5.4. If the consumer has exercised a complaint about a product within the first 12 months from purchase, the Seller may handle the complaint by rejecting it only on the basis of an expert assessment; regardless of the result of the expert assessment, the consumer cannot be required to pay the costs of the expert assessment nor any other costs related to the expert assessment. The Seller is obliged to provide the consumer with a copy of the expert assessment justifying the rejection of the complaint no later than 14 days from the date of handling the complaint.
5.5. If the consumer has exercised a complaint about a product after 12 months from purchase and the Seller has rejected it, the person who handled the complaint is obliged to state in the document on the handling of the complaint to whom the consumer may send the product for expert assessment. If the product is sent for expert assessment to the designated person, the costs of the expert assessment, as well as all other costs purposefully incurred in connection therewith, shall be borne by the Seller regardless of the result of the expert assessment. If the consumer proves by the expert assessment the Seller’s liability for the defect, he/she may exercise the complaint again; during the expert assessment the warranty period shall not run. The Seller is obliged to reimburse the consumer within 14 days from the date of the repeated exercise of the complaint all costs incurred for the expert assessment, as well as all purposefully incurred costs related thereto. A repeated complaint cannot be rejected.
5.6. The consumer has the right to reimbursement of necessary costs (in particular postage paid for sending the complained goods) incurred in connection with the exercise of legitimate rights from liability for defects of goods and services.
5.7. The requisites of the expert assessment according to point 5.4 of this Article:
The expert assessment must contain:
- a) identification of the person who performs the expert assessment,
- b) precise identification of the assessed product,
- c) description of the condition of the product,
- d) result of the assessment,
- e) date of elaboration of the expert assessment.
5.8. The Seller is obliged to inform the Consumer about the handling of the complaint and the method of its handling in an appropriate and demonstrable form, and this no later than within 30 days from the date of the exercise of the complaint. The Seller is obliged to issue a written document on the handling of the complaint no later than within 30 days from the date of the exercise of the complaint.
5.9. The handling of the complaint shall be considered as the termination of the complaint procedure /complaint/. Handling of the complaint shall mean the termination of the complaint procedure by handing over the repaired product, by exchanging the product, by refunding the purchase price of the product, by paying an appropriate discount from the price of the product, by a written invitation to take over performance, or by its justified rejection.
- The Seller shall deliver the complained goods to the Purchaser after the handling of the complaint in the same manner in which the complaint was exercised by the Purchaser. A change in the method of delivery is possible only on the basis of the Purchaser’s consent.
6. Rights of the purchaser when exercising rights from liability for defects
6.1. If it is a defect which can be removed, the purchaser 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. The purchaser may, instead of removal of the defect, request the exchange of the item, or if the defect concerns only a part of the item, the exchange of the part, if this does not result in disproportionate costs for the Seller with regard to the price of the goods or the seriousness of the defect. The Seller may always, instead of removal of the defect, replace the defective item with a defect-free one, if this does not cause serious difficulties to the purchaser.
6.2. If it is a defect which cannot be removed and which prevents the item from being properly used as an item without defect, the purchaser has the right to exchange the item or the right to withdraw from the contract. The same rights belong to the purchaser if there are removable defects, but the purchaser cannot properly use the item due to the repeated occurrence of the defect after repair or due to a larger number of defects. If there are other non-removable defects, the purchaser has the right to an appropriate discount from the price of the item.
6.3. If an item sold at a lower price or a used item has a defect for which the Seller is liable, the purchaser has, instead of the right to exchange the item, the right to an appropriate discount.
7. Final provisions
7.1. The Seller reserves the right to change this Complaints Procedure. The obligation of written notification of a change of the Complaints Procedure is fulfilled by its placement in the Seller’s Online Store.
7.2. This Complaints Procedure forms an inseparable part of the General Terms and Conditions and the Principles and Instructions on the Protection of Personal Data of this online store. The documents – General Terms and Conditions and Principles and Instructions on the Protection of Personal Data of this online store – are published on the domain of the Seller’s Online Store.
7.3. In the event of a change in the Complaints Procedure, the relationship between the Purchaser and the Seller shall be governed by the Complaints Procedure valid and effective at the time of conclusion of the Purchase Contract, and this until the moment of its termination.
7.4. This Complaints Procedure is valid and effective at the moment of its publication in the Seller’s Online Store on 21.1.2020.