Complaints Procedure

for consumers
(liability for defects, warranty, claims)

Seller:

Business name: Tidies s.r.o.

Headquarters: Mostná 13, 949 01 Nitra

IČO: 54 194 300

Legal form: limited liability company

Registered: in the Commercial Register of the Slovak Republic, insert no. 55811/N

Represented by Roman Slimák – Managing Director

Email address: evka@tidies.sk

Telephone number: +421 948 056951

Postal address: Mostná 13, 949 01 Nitra

Website: www.tidies.sk

(hereinafter referred to as “Seller”)

Supervisory authority:

Slovak Trade Inspection (SOI)
SOI Inspectorate for the Nitra Region Supervision Department tel. Nr. 037/772 15 97

• The Seller is liable for defects in the goods and the Buyer is obliged to immediately file a claim with the Seller in accordance with these Complaints Regulations.
• This Complaints Procedure and the Seller’s Terms and Conditions for Consumers shall apply to the handling of complaints.
• This Complaint Procedure applies to goods that are the subject of a contract concluded through e-commerce on the Seller’s e-commerce website.
• During the warranty period, the buyer has the right to have the defect rectified free of charge upon presentation of the goods, including accessories, documentation and instructions, together with the warranty certificate or proof of purchase.
• Complaints are handled by the Seller on working days in person, by phone or in writing. If the goods are defective, the customer has the right to make a claim at any of the Seller’s premises in accordance with Art. § 18 para. 2 of Act No. 250/2007 Coll. on consumer protection and on amendment of the Slovak National Council Act no. 372/1990 Coll. on offences, as amended (hereinafter referred to as the “Act”), by notifying the complaint by e-mail and subsequently being notified of the procedure for resolving the complaint. The complaint procedure for goods that can be objectively delivered to the Seller begins on the date when all of the following conditions are met:
  i. Notification of a claim by e-mail
  If the Buyer delivers the shipment by post, the Seller recommends to insure the shipment with the goods. Goods sent on delivery are not accepted by the Seller. The Seller recommends to pack the goods appropriately to avoid damage during transportation. The beginning of the claim procedure is also the date of the claim.
• The Buyer may file a claim at any Seller’s establishment where the acceptance of the claim is possible with respect to the goods sold, or with a designated person. The designated person may only handle the claim by handing over the repaired product, otherwise the claim shall be forwarded to the Seller for handling. An employee authorised to handle complaints must be present in the establishment and with the designated person during business hours.
• The Seller or a designated person shall issue the Buyer with a confirmation of the claim in the form of an email message or in another written form, in which the Buyer is obliged to precisely indicate the defects of the goods. The Seller is obliged to instruct the Buyer of his rights under Section 622 and Section 623 of the Civil Code. If the claim is made by means of remote communication, the Seller is obliged to deliver the confirmation of the claim to the Buyer 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 Buyer has the opportunity to prove the claim in another way.
• On the basis of the decision of the Buyer, which of his rights within the meaning of § 622 and § 623 of the Civil Code he claims, the Seller or a designated person is obliged to determine the method of handling the complaint under § 2 (2) (a) of the Civil Code. m) of the Act (by handing over the repaired goods, replacing the goods, refunding the purchase price of the goods, paying a reasonable discount on the price of the goods, a written invitation to take over the performance or a reasoned rejection thereof) immediately, in more complex cases no later than within 3 working days from the date of the claim, in justified cases, in particular if a complex technical evaluation of the condition of the goods is required, no later than within 30 days from the date of the claim. Once the method of handling the complaint has been determined, the complaint shall be handled immediately; in justified cases, the complaint may also be handled later; however, the handling of the complaint shall not take longer than 30 days from the date of the complaint. After the expiry of the time limit for the settlement of the complaint, the purchaser shall have the right to withdraw from the contract or shall have the right to
• exchange the goods for new goods. The Seller shall inform the Buyer about the end of the complaint procedure and the result of the complaint in a form agreed between both parties (e.g. by email 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 a professional assessment (hereinafter referred to as “professional assessment of the goods”). Irrespective of the outcome of the professional assessment, the Seller may not require the Buyer to pay the costs of the professional assessment of the Goods or any other costs related to the professional assessment of the Goods. The Seller shall provide the Buyer with a copy of the professional assessment justifying the rejection of the claim within 14 days of the date of the claim.
• If the Buyer has filed a claim after 12 months from the conclusion of the purchase contract and the Seller has rejected it, the person who has processed the claim is obliged to indicate in the claim processing document to whom the Buyer can send the goods for professional assessment. If the Buyer sends the goods for expert assessment to the designated person indicated in the document on the complaint, 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 result 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 during the expert assessment of the goods. 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.
• In particular, the Buyer shall not be entitled to claim the warranty from the Seller:
  i. failure to produce proof of payment, the delivery note or warranty card and the accessories of the goods,
  ii. the expiry of the warranty period of the goods,
  iii. mechanical damage to the goods caused by the buyer,
  iv. using the goods in conditions contrary to the instructions for use of the goods,
  v. improper handling, operation or neglect of the goods,
  vi. unprofessional interference with the goods by an unauthorised person,
  vii. normal wear and tear of the goods (or part thereof) caused by the use of the goods.
• The Seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:
  i. by handing over the repaired goods,
  ii. exchange of goods,
  iii. by returning the purchase price of the goods,
  iv. by paying a reasonable discount on the price of the goods,
  v. a written invitation to take over the performance specified by the Seller,
  vi. by reasoned rejection of the claim for goods.
• The Seller is obliged to issue a confirmation to the Buyer 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 Buyer 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 complaint. The confirmation of the claim need not be delivered if the buyer is able to prove the claim in another way. The Seller is obliged to issue a written proof of the complaint within 30 days from the date of the complaint at the latest.
• The warranty period is 24 months (unless a different warranty period is specified for specific cases) and starts from the date of receipt of the goods by the buyer.
• The warranty period is extended by the period during which the buyer could not use the goods due to warranty repair of the goods.
• In case of replacement of the goods with new goods, the warranty period will start again from the receipt of the new goods, but only for the new goods. In this case, the buyer will receive a receipt indicating the replaced goods.
• Warranty repairs are free of charge if a warranty claim has arisen.
• 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.
• The buyer may demand replacement of the goods instead of rectification of the defect or, if the defect relates only to a part of the goods, replacement of the part. The Seller may settle the complaint in this way only if it does not incur disproportionate costs in relation to the price of the goods or the severity of the defect.
• 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.
• If there is a defect in the goods which cannot be remedied and which prevents the goods from being properly used as non-defective goods, the buyer has the right to have the goods replaced or to withdraw from the contract. The same right shall apply to the buyer if the defects are remediable, but if the buyer cannot use the goods properly because of the recurrence of the defect after repair or because of a number of defects.
• If there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the goods.
• The handling of the claim applies only to the errors and defects described by the buyer in the claim form.
• If the Seller settles the claim by reasoned rejection of the claim, and the Buyer believes that the defect in the goods still exists and has not been rectified, the Buyer may exercise its right to rectify the defect in the goods through the court.
• It is not possible to exchange the goods for another if the buyer is not satisfied with the size, shape, type, etc.

V Nitre, dňa 01.02.2022
Roman Slimák – managing director