Complaints conditions

What to do if the carrier delivers damaged goods to you

When you receive the goods from the carrier, please check the delivered goods carefully.

Do not accept a shipment that looks damaged at first glance - damaged packaging. If the goods are damaged, even if the packaging is intact, you must inform the carrier or our company by telephone as soon as possible.

1. General provisions and definitions

1. This Complaints Procedure has been prepared in accordance with the Civil Code as amended (hereinafter referred to as the "Act") and applies to consumer goods (hereinafter referred to as the "Goods") in respect of which the buyer's rights under liability for defects are asserted during the warranty period (hereinafter referred to as "Complaints").
2. "Seller" means the trading company Skiba r.o.
3. "Buyer" means:
   • Consumer (a person who purchases goods for personal use or for the use of members of his/her household); and
   • a natural and/or legal person - entrepreneur who has concluded a contract of purchase with the Seller
4. Individuals and legal entities - entrepreneurs acknowledge that the terms of the guarantee may be different from the terms of the guarantee for consumers and the relationship between the Seller and the Buyer - entrepreneur is governed by the Commercial Code

2. Warranty conditions

1. If the Goods show obvious defects, i.e. in particular if the Goods are sold to the Buyer in damaged transport packaging, the Buyer is entitled not to accept the Goods. In such a case, the Buyer's right to the provision of proper performance by the Seller or to a refund of the purchase price at the Buyer's option shall remain unaffected.
2. In the event that defects in the Goods occur after acceptance of the Goods by the Buyer within the warranty period, the Buyer may

make a Claim. For Products that use a battery or various types of batteries for their operation, normal wear and tear of the battery or batteries shall not be considered a defect of the Product, as these are components of Products that naturally lose their lifetime through normal use.

1. The length of the guarantee period for purchasers who are consumers within the meaning of Article 1. General Provisions and Definitions, paragraph 3, point , shall be governed by the applicable provisions of the Act, thus lasting 24 months, with the exceptions provided for by the Act. The warranty period shall commence on the date of receipt of the goods by the purchaser. In case the claimed goods are delivered by post or courier (see contacts), the responsible person will receive the goods, check the parcel, the documentation (invoice, receipt, packaging), the date of receipt from the courier or mail carrier shall be the decisive date for the claim period to run. Goods sent by cash on delivery are not accepted by the seller; it is recommended to insure the goods.
2. The length of the warranty period for buyers who are not consumers within the meaning of Art. General Provisions and Definitions, paragraph 3, point 1., lasts 12 months. The warranty period begins on the date of receipt of the goods by the buyer. In case the claimed goods are delivered by post or courier (see contacts), the responsible person will take over the goods, check the parcel, documentation (invoice, receipt, packaging), the date of receipt from the courier or mail carrier is the decisive date for the claim period.

Goods sent by cash on delivery are not accepted by the seller; it is recommended to insure the goods.

1. The buyer is entitled to withdraw from the contract in all cases provided for by the Law. Withdrawal is effective against the Seller from the moment when the Buyer's written statement of withdrawal is received by the Seller. In the event of withdrawal from the contract, the contract shall be cancelled from the outset and the parties shall be obliged to return everything they have earned on the basis of the contract.

1. In the event of a claim, the Seller shall not be liable for loss of data or damage caused by the loss of data that has been stored on the device. The Buyer is obliged to back up the data himself before the claim.

3. Instruction on the Seller's liability for defects in the goods

1. In the event of a defect that can be remedied, the consumer-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. The consumer-buyer may, instead of having the defect removed, require the item to be replaced or, if the defect relates only to a part of the item, the part to be replaced, provided that this does not incur disproportionate costs for the seller in relation to the price of the goods or the seriousness of the defect.

The seller may always replace the defective item with a non-defective item instead of removing the defect, if this does not cause serious difficulties for the consumer-buyer.

1. If the defect cannot be remedied and prevents the item from being properly used as a non-defective item, the consumer-buyer has the right to have the item replaced or to withdraw from the contract. The same rights shall apply to the consumer-buyer if the defect is remediable, but if the consumer-buyer cannot properly use the item due to the reoccurrence of the defect after repair or due to a greater number of defects. If there are other irremediable defects, the consumer-buyer is entitled to a reasonable discount on the price of the item.
2. The Seller has instructed the Consumer - Buyer of his rights arising from Section 622 of the Civil Code (point a. of this Article) and the rights arising from Section 623 of the Civil Code (point b. of this Article) by placing this Complaints Procedure on the relevant subpage of the Seller's e-shop and the Consumer - Buyer has had the opportunity to read it at the time before sending the order.
3. On the basis of the Buyer's decision which of its rights under Section 622 and Section 623 of the Civil Code it exercises, the Seller or a designated person is obliged to determine the manner of handling the complaint under Section 2(m) of the Consumer Protection Act immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases, in particular if a complex technical assessment of the condition of the goods is required, no later than 30 days from the date of the beginning of the complaint procedure. After determining how to handle the complaint, the seller or a designated person shall handle the complaint immediately; in justified cases, the complaint may also be handled later.

However, the handling of the complaint may not take longer than 30 days from the date of the complaint. After the expiry of the period for processing the complaint, the consumer has the right to withdraw from the contract or to have the goods exchanged for new goods. The Seller shall inform the Buyer of the end of the complaint procedure and the result of the complaint in the form agreed between both parties (by e-mail or registered letter), and the Buyer shall receive the complaint report together with the goods.

If the Buyer has made a claim within the first 12 months of the conclusion of the contract of sale,

the Seller may only reject the claim on the basis of an expert's opinion or an opinion issued by an authorised, notified or accredited person or the opinion of a designated person (hereinafter referred to as "expert assessment of the goods"). Irrespective of the outcome of the expert assessment, the Seller may not require the Buyer to pay the costs of the expert assessment of the Goods or any other costs related to the expert assessment of the Goods.

If the Buyer has made a claim for a product after 12 months from the conclusion of the contract of sale and the Seller has rejected the claim, the person who handled the claim is obliged to indicate in the document on the handling of the claim to whom the Buyer may send the goods for expert assessment. If the Buyer sends the goods to the person specified in the complaint document for expert assessment, the costs of the expert assessment of the goods as well as all other related costs reasonably incurred shall be borne by the Seller regardless of the outcome of the expert assessment. If the buyer proves the seller's liability for the claimed defect of the goods by the expert assessment, the buyer may reassert the claim; the warranty period shall not expire while the expert assessment is being carried out. The Seller is obliged to reimburse the Buyer within 14 days from the date of the reasserted claim for all costs incurred for the expert assessment of the goods as well as all related costs reasonably incurred. The reasserted claim cannot be rejected.

4. Handling of the claim

1. Claims shall be made in person or by post at the following address:

Skiba s.r.o., Sliačska 2, 831 02 Bratislava

Together with the goods, we recommend that you submit a document confirming the purchase of the goods (invoice, cash receipt) and a description of the product defect for faster processing of the claim.

1. In case the Buyer exercises his right and requires the removal of the defect of the Goods by repair and in the warranty certificate for the purpose of warranty repairs of the Goods is designated entity other than the Seller, whose place of business is in the same place as in the case of the Seller or in a place closer to the Buyer, the Buyer shall exercise the right to warranty repair at the entity specified in the warranty certificate.

1. In the event that it is not possible to claim warranty repair from an entity other than the Seller, the Seller shall arrange for warranty repair. On the day of receipt of the claim, the Seller shall issue to the Buyer a document of receipt of the claim, in which he shall precisely indicate the defects of the goods in accordance with the provisions of Section 18(5) of the Consumer Protection Act. After the complaint has been processed, the seller shall inform the buyer in the form agreed with the buyer.
2. Furthermore, the Buyer shall be entitled to request warranty repairs at authorised service centres, the list of which is attached in the documentation for the Goods, or to be notified by the Seller at the Buyer's request.
3. Complaints, including the removal of the defect, must be handled without undue delay, in justified cases no later than 30 days from the date of the Complaint. After expiry of this period, the Consumer has the right to withdraw from the contract or has the right to exchange the product for a new product.
4. In a situation where the Goods need to be sent to the Seller or to a service centre, the Buyer shall act so that the Goods are packed in suitable packaging that sufficiently protects the Goods and meets the requirements for transport of the Goods. In the case of transport of fragile Goods, it is recommended to mark the shipment with the appropriate symbols.
5. If the claimed Goods are delivered by post or courier, (see contacts) the responsible person will take delivery of the Goods, check the consignment, the documentation (invoice, receipt, packaging), the date of receipt from the courier or mail carrier shall be the decisive date for the claim to run for the claim period.
6. The person responsible is fully responsible for monitoring the expiry of the claim period in accordance with the relevant provision of Act No 250/2007 Coll. on consumer protection and the Civil Code and contacting the customer without delay about the handling of the complaint within the statutory time limit in the form of an e-mail, SMS or registered letter
7. The Service Centre shall, after the proper handling of the complaint, invite the Buyer by telephone, e-mail or in any other manner agreed with the Buyer to take delivery of the repaired Goods and the complaint report, or the Goods together with the complaint report shall be delivered to the Buyer by registered mail by mutual agreement.
8. On any visit by a service engineer to the Buyer, a report of the faults found and the form of rectification shall be made. Without such a report, the visit of the service technician shall not be considered.
9. The right to invoke the warranty shall be extinguished in the event of unprofessional assembly or unprofessional commissioning of the Goods, as well as in the event of unprofessional handling of the Goods, i.e. in particular in the event of:

o Breach of protective seals and stickers, if any, on the product

o use of the Goods in conditions which do not correspond to the parameters specified in the documentation for the Goods

5. Alternative dispute resolution

1. If the Buyer-Consumer was not satisfied with the handling of the complaint by the Seller or if the Buyer-Consumer contacted the Seller with a request for redress and was not satisfied with the manner in which the Seller handled his/her complaint or if the Buyer-Consumer believes that the Seller has violated his/her rights, the Buyer-Consumer has the right to contact the Seller with a request for redress. If the Seller responds to such a request in a negative manner or fails to respond to it within 30 days from the date of its dispatch, the Buyer-Consumer has the right to submit a proposal for the initiation of an alternative dispute resolution to an alternative dispute resolution entity. The subject of alternative dispute resolution is the Slovak Trade Inspection, or another competent authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at www.mhsr.sk). The buyer - consumer is entitled to choose the entity

Alternative Dispute Resolution Body to which he/she turns. The consumer may use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit a proposal for alternative dispute resolution .

6. Final provisions

1. In the event of any Claim, the Buyer shall inform the Seller of the claim and agree with the Seller on the most appropriate form of claim procedure. Taking into account the nature of the Claim, the Seller shall offer the Buyer to be visited by a service technician and repair the defects of the Goods at the place of possible installation, i.e. at the Buyer's premises, or recommend that the Goods be transported to a service centre.
2. Changes to the Complaints Procedure reserved. However, an invalidly concluded contract shall be subject to the Complaints Policy in force at the time of conclusion of the contract.

Skiba Ltd.

Sliačska 2

831 02 Bratislava

E-mail: info@skiba.sk

Warranty

• The warranty period for the goods is 24 months from the date of conclusion of the purchase contract, unless a different warranty period is specified for specific goods, and runs from the date of receipt of the goods and confirmation of the necessary documents related to the goods by the authorized Warranty period of 24 months applies to the sale of goods for private use [§ 620 (1) of the Civil Code]. Unless the buyer is a consumer within the meaning of Art. General Provisions and Definitions, paragraph 3, point 1.i., the warranty period is 12 months.
• The warranty period shall be extended by the period during which the buyer has been unable to use the goods due to warranty repairs
• In the event of replacement of the goods with new goods, the buyer will receive a document indicating the replaced goods. Any further claims shall be made on the basis of the original delivery note and this claim In the case of replacement goods, the warranty period starts from the date of receipt of the new goods, but only for the new goods.
• All warranty repairs claimed by right are free of charge.
• In the event of a claim, we are not liable for loss of data or damage caused by loss of data that has been stored on the device.
• The above cannot be applied to gifts with goods.
• The complete, product and accessories in their original packaging must be handed in for claim. The goods must be cleaned and comply with all general hygiene principles.
• It is necessary to present a tax document (invoice or receipt) when making a claim, however, if a warranty card was supplied with the purchase, we recommend presenting it together with the proof of purchase when claiming the warranty.