Product complaint procedure download complaint report form
of Garage Sport s.r.o. (Ltd.) Company – the internet shop proprietor of www.blackhilloutdoor.com
informing the customer about the complaint handling procedure, its terms, defect liability, warranty repairs and how they are carried out.
I. TERMS AND CONDITIONS OF CONSUMER COMPLAINT PROCESS
This complaint procedure does not apply to the products purchased by customer – a business entity purchasing products on behalf of their commercial or other business activity. The rights and obligations of the seller and such customer regarding product defects are regulated in accordance with the Commercial code of the Slovak Republic.
- The complaints are processed in acordance with the valid product complaint procedure which is the necessary part of T&C and it is published on the seller’s website. By sending the order, the consumer confirms that he/ she has read the complaint procedure and agrees with it to the full extent. The consumer also confirms that he/ she was properly informed about the terms, the product complaint procedure method, where to claim compensation, and about warranty repair process in accordance with provision of § 18, section 1, Act no. 250/2007 of the Collection on consumer protection and the Slovak National Council’s amended Act no. 372/1990 of the Collection on offences, as amended in thereafter legal regulations (hereinafter referred to as “the Legislation”).
II. WARRANTY PERIOD
– The warranty period starts on the day when the consumer receives the purchased product.
– The statutory warranty period on sold products is 24 months.
– The same statutory warranty period applies to custom-made product, it is also 24 months.
– The warranty period applies to discounted products or products on sale too. However if the product is discounted due to a product defect, consumer can not claim the complaint of this defect.
- The warranty period will be extended by the time period during which the product was in the complaint process.
III. THE SELLER’S LIABILITY FOR DEFECTS OF SOLD PRODUCTS WITHIN THE WARRANTY PERIOD.
- The consumer is obliged to inspect and thoroughly check purchased product at the time of accepting it. If he/ she finds out that the product has a defect, consumer is obliged to report it to the seller as soon as possible. If delivered product is not the same as his/ her order or there is a difference in quantity, the consumer is obliged to report the problem to the seller as soon as possible.
- The seller is not responsible for product defect caused by improper product maintenance in contradiction to the maintenance instructions.
- The seller is also not responsible for wear and tear, or defects caused by improper and incompetent use of the product, or mechanical damage.
- In the case of a removable defect, consumer has the right to have the product repaired free of charge. The consumer may request product exchange only if this repair would not be adequate to the defect extent. If even this is not possible, the consumer may request product price discount or he/ she may withdraw from the sale contract.
- If defect is not possible to remove and prevents the product to be properly used, the consumer has the right to request the product exchange or withdraw from the sale contract.
- The consumer has the same right as mentioned previously in point no. 5 with non-removable defect - if the defect is removable but emerges repeatedly after the product repair, or if the product has more defects and cannot be used properly.
- The liability right for which the warranty period applies will expire if the right was not claimed within the warranty period time.
Consumer’s right to claim warranty from the seller will expire:
– When he/ she fails to provide the proof of payment, delivery docket or warranty certificate, any other accessory equipment or other documentation sent with the order,
– When he/ she does not report defect visible at the time of accepting the product,
– When the product warranty period expired,
– When consumer manages to mechanically damage the product,
– When the product is used in conditions which do not respond to humidity, chemical and mechanical effects of the normal natural environment,
– With improper product handling, incorrect maintenance or neglecting of product,
– When product is damaged by excessive loading or by product use in contradiction with instructions listed in the enclosed documentation and general principles,
– When product is damaged during unpredictable and unavoidable events,
– When product is damaged in transport or otherwise damaged by improper action with product, damaged by water, fire, static or atmospheric electricity, or other act of nature,
- With product handling by an unauthorised person.
IV. METHOD OF PRODUCT COMPLAINT CLAIM
- On the basis of consumer’s decision which of his/ her rights he/ she is claiming in accordance with provision of § 622 and § 623 of the Civil code, the seller or authorized person is obliged to determine the method of product complaint claim immediately and in accordance with provision of § 2, letter m) of the Legislation, in complicated cases within 3 days from the start of complaint process, and in justified cases, especially when complex technical evaluation of the product condition is required, the seller is obliged to determine this case up to 30 days from the start of the complaint process.
- The seller is obliged to issue an acknowledgement of the claim to the consumer when he/ she applies for the claim. This acknowledgement has to contain contact details of the seller and the consumer, product defect description and specification of the consumer request (a product repair, exchange, withdrawal from the sale contract or a product price discount), which is determined by nature of defect. The acknowledgement has also to contain the date when the claim was submitted.
If the complaint is claimed through distant communication, for instance by phone, the seller is obliged to send the acknowledgement of product complaint claim to the consumer as soon as possible, or together with the document of product complaint settlement at latest. This acknowledgement does not have to be sent if the consumer is able to apply, communicate and to prove the product complaint claim through the email.
- The product complaint should be claimed and sent to the seller’s premises address at: Garage Sport s.r.o. (Ltd.), Razusova 15, 977 01 Brezno, Slovakia
- The consumer can claim the complaint in person in the seller’s premises or send it by the transport service.
- In the case of sending the product back, the consumer is obliged to prove that he / she purchased the product from the seller by enclosing the receipt / invoice together with a filled-in complaint report form (you can find it in the Forms section on the e-shop website.).
The consumer is obliged to specify the product defect and also to indicate which choice of the defect liability right he / she is claiming.
Without submitting the receipt the product will not be accepted for the complaint procedure.
- The consumer has to wrap the product properly when sending it back to prevent product damage under transportation. We recommend sending it as a registered parcel, even better as an insured parcel.
- In relation to the product complaint claim, the seller does not accept COD parcel or any other cost to deliver the parcel. All shipping costs are paid by customer.
V. PRODUCT COMPLAINT SETTLEMENT
- When the complaint settlement method is determined, the complaint will be settled immediately. In justified cases the complaint can be settled later - if for example the product under complaint is sent to be repaired. However, the product complaint must be settled within 30 days from the day of the complaint submission. After the complaint settlement time period expired, the consumer has the right to withdraw from the sale contract or has the right to have the product exchanged for a new one.
- The seller is obliged to settle the product complaint only by one of these following methods in accordance with the legislation:
– By returning the repaired product,
– By the product exchange,
– By refunding the product price,
– By applying an adequate discount on the product price,
– By written request to take over the claim fulfillment (if the complaint is rejected),
– By justified rejection of the product complaint, claimed up to 12 months from purchasing the product,
– By justified rejection of the product complaint, claimed after 12 months from purchasing the product.
Complaints claimed up to 12 months from purchasing the product
– If the consumer claims the product complaint within the first 12 months from purchase, the seller can settle the complaint by justified rejection method only on the basis of the expert inspection of the product.
The seller always bears the expert inspection expenses and all expenses related to this inspection within the first 12 months from the purchase, regardless of the expert inspection result, and these expenses cannot be requested from the consumer.
Complaint claimed after 12 months from purchasing the product
– If the consumer claims the product complaint after 12 months from the purchase, the seller can settle the complaint by justified rejection without the expert inspection. In this case the person (the seller, authorized person or employee) settling this complaint is obliged to provide the consumer with information where he / she can send the product for the expert inspection.
– The expert inspection can be executed by an expert, authorized, agreeable, accredited or assigned person.
– If the consumer sends a product for expert inspection and the result proves that the product has a defect for which the seller is liable, then the consumer can claim the product complaint again. This renewed complaint claim can not be refused and has to be settled by other method than justified rejection, which is by returning of the repaired product, product exchange, refunding the product price or applying an adequate discount on the product price.
The expert inspection expenses
– In terms of expenses, if consumer sends the product for the expert inspection to the person assigned by the seller, then the expert inspection expenses as well as all expenses related to this inspection are always borne by the seller during the whole warranty time period regardless of the expert inspection result.
– If the consumer sends product for the expert inspection to different-than-assigned person, that means to an expert, authorized, agreeable or accredited person, then the expert inspection expenses as well as expenses related to this inspection are reimbursed to consumer by the seller, however only in the case the expert inspection result proved the seller's liability for the defect claimed. In such case, the seller reimburses these expenses within 14 days from the day when the complaint claim was renewed.
– If the expert inspection result proves that consumer is liable for the product defect, consumer bears all the expenses himself / herself.
The complaint settlement record
– The seller is obliged to issue a written record of complaint settlement to the consumer within 30 days from claiming the product complaint.
– In the case of the complaint settlement with justified rejection of the product complaint claimed within 12 months from purchasing the product, the seller encloses the expert inspection result with written statement (§ 2, letter n/ of the Act no. 250/2007 of the legislation collection in valid legal version).
The consumer is obliged to take over the product after settlement in the agreed period of time (within 30 days after the product was repaired or the claim was settled).
VI. TERMS AND CONDITIONS OF CUSTOMER – A BUSINESS ENTITY COMPLAINT PROCESS
- General terms of liability for the product defect when concluding the sale contract for product purchase through the e-shop at www.blackhilloutdoor.sk between the seller and a business entity as the customer are regulated in accordance with the Act no. 513/1991 of the (Commercial code) collection in valid legal version.
- In the case of the claim by a business entity, the seller is obliged to settle the product complaint within 30 days from submitting the complaint. The customer will be informed about this decision and the complaint settlement method via his / her contact email.
- If the product defect is possible to remove, product under complaint will be repaired.
If the repair is not possible and nature of defect prevents the product from being properly used, the seller and the customer can agree on an adequate discount. If discount is applied, it is not possible to claim the same defect again.
- If defect is not possible to remove and it also prevents the product from being properly used, the seller is entitled to exchange the defective product for the same or similar product, or issue credit note.
This product complaint procedure is effective and valid since 1st June 2017 (01/06/2017).