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    Warranty and complaint conditions

    Warranty and Complaint Conditions

    Complaints Policy

    here is a downloadable .pdf file of the complaint_formular_htmodel

    Please download the file and save it to your PC or other device. The file format is pdf, you can open it with Acrobat Reader and print it directly. Just send us the completed form electronically, there is no need to print it.

    1. Warranty period: For all goods purchased under civil law, the warranty period is 24 months as standard in accordance with the laws of the Slovak Republic, unless the laws of the Slovak Republic provide for a shorter period for certain types of goods. If a period of use is indicated on the sold item, its packaging or the instructions attached to it, the warranty period shall not expire before the expiry of this period.
    2. The seller may extend the statutory period. The length of the extended warranty period is always indicated on the warranty certificate. Unless a different warranty period is indicated on the warranty card, a period of 24 months shall apply.
    3. The warranty period consists of the statutory period (24 months) and, if applicable, an extended period. Within the statutory warranty period, claims are governed by the Civil Code No. 40/1964 Coll. § 619-627, taking into account the present Complaints Code. (In the case of an extended period, claims shall be governed exclusively by these Regulations.)
    4. If it is a used item, the buyer and the seller may also agree on a shorter warranty period, but not shorter than 12 months. In the case of goods sold at a lower price due to defects or incompleteness, the warranty does not cover the defects for which the lower price was agreed.
    5. For all goods purchased by business customers, on the basis of a business relationship (within the meaning of the Commercial Code), the warranty period - "guarantee for quality" is set by the seller at 12 months.
    6. The procedure of the Seller and the Buyer, when exercising the rights arising from the Seller's liability for defects in goods purchased through the online store, is specified in more detail in the Complaints Procedure.
    7. The Complaints Procedure follows and complements the General Terms and Conditions, which regulate the sale of goods through the e-shop on the website.
    8. The Complaints Procedure can be sent, at the request of the consumer (or the buyer having an ID number), in electronic or paper form to the address chosen by the consumer.
    9. The Buyer is obliged to familiarize himself with the Complaints Procedure and the General Terms and Conditions before ordering the goods. By ticking the box before sending the order of goods from the Seller, the Buyer confirms his/her acquaintance with the contents of the above-mentioned Complaints Procedure and General Terms and Conditions.
    10. As proof of purchase, the Seller issues a purchase document (invoice) for each purchased goods. If no separate warranty certificate is issued, the corresponding purchase document (hereinafter referred to as the "warranty certificate") shall serve as the warranty certificate.
    11. The aforementioned provisions do not apply to a purchaser who is not a consumer but a person who purchases goods for the purpose of business and not for the personal consumption of natural persons; liability for defects in the goods in this case shall be governed by the provisions of §422 et seq. Commercial Code.
    12. The Seller handles consumer complaints in accordance with the legislation of the Slovak Republic, in particular Act No. 250/2007 Coll. as amended, the Civil Code of the Slovak Republic and applicable legislation.
    13. The Seller informs the Buyer before the purchase about:

    • the Seller's liability for defects in the goods (according to § 622 - 624 of the Civil Code),
    • the procedure for claiming and handling complaints, complaints and complaints,
    • where you can make a complaint, especially if the place for handling the complaint is different from your place of business or place of business,
    • the carrying out of warranty repairs (authorised repairers, etc.

    14. Warranty conditions. The goods must be free from defects and conform to the applicable technical standards.
    15. The Seller shall be liable for defects in the goods sold upon receipt by the Buyer and for defects that occur after receipt of the goods within the warranty period.
    16:
    The warranty does not apply to defects caused by improper use of the goods or due to force majeure, acts of God, etc., or any damages resulting therefrom. Furthermore, the warranty does not cover defects caused by poor operation, improper or inadequate handling, use and installation contrary to the user manual. Furthermore, the warranty does not cover damage caused by:
    (a) mechanical damage to the goods,
    b) use of the goods in non-conforming conditions,
    c) the goods have been damaged by excessive loading or in violation of the conditions stated in the documentation or general principles,
    d) unqualified interventions or alteration of parameters.
    17. 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 is not included in the warranty period. If the goods are replaced, the warranty period starts again from the receipt of the new goods.
    18. If the seller offers the customer additional goods free of charge as a gift when purchasing the goods, it is the customer's choice whether to accept the offered gift. However, the gift is not the goods sold, therefore the seller is not liable for any defects. If the customer has the right to withdraw from the contract of sale (refund), the customer is obliged to return to the seller everything he has received, i.e. also the goods accepted as a gift.
    19. It is possible to claim:
    at the address: Ing. Jozef Anďal - HT MODEL, Veľká, Na letisko 2714/49 05801 Poprad, Slovak Republic (it is necessary to prove that the product was purchased from the seller and that it is still under warranty. It is not specified by law what proof is required to prove this. The seller recommends, for example, a proof of purchase or a warranty certificate).
    by post to: Ing. Jozef Anďal - HT MODEL, Veľká, Na letisko 2714/49 05801 Poprad, Slovak Republic (it is necessary to prove that the product was purchased from the seller and that it is still under warranty. It is not specified by law what proof is required to prove this. The seller recommends, for example, a proof of purchase or a warranty certificate).
    20. Before making a claim, the Seller recommends (does not condition) that the Buyer contacts the Seller by telephone or electronically, who will again inform the Buyer about all the essential elements of the claim, the possibilities of making a claim and the procedure for handling the claim:
    +421 (0)52 7768 212
    email: htmodel@htmodel.sk
    21. During the warranty period, the consumer has the right to have the defect removed free of charge upon delivery to the Seller of the notification of the claim and the claimed goods, including accessories and documentation. When claiming liability for defects in a purchased product, it is sufficient for the consumer to prove that the product was purchased from a specific seller and that it is still under warranty. There is no legal requirement as to what proof is required. The Civil Code states (§ 620) that, if the nature of the item so permits, it is sufficient to issue a proof of purchase instead of a warranty certificate, but at the buyer's request the seller is obliged to provide the warranty in writing (warranty certificate). It follows that, if the seller does not provide different (more detailed) information about the product in the warranty certificate than in the purchase document, nor does he provide a longer warranty than the statutory warranty, requiring both the purchase document and the warranty certificate when claiming a defect in the product is in some cases duplicative - if the warranty is claimed from the seller - not from the warranty service. If the consumer is claiming the right to have a defect repaired or a defective product replaced with a faultless one, a proof of purchase from the ERP is not required. The seller cannot refuse to accept the consumer's claim if the consumer can prove that the defective product was purchased from the seller and is within the warranty period.
    22. Warranty for the replaced item: a new warranty period applies from the date of receipt of the new item.
    23. Method of complaint: if the defect is one 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.
    24. The Buyer may, instead of removing the defect, require the replacement of the item or, if the defect relates only to a part of the item, the replacement of the part, if this does not incur disproportionate costs for the Seller in relation to the price of the goods or the seriousness of the defect.
    25. The Seller may always replace the defective item with a faultless one instead of removing the defect, if this does not cause the Buyer serious inconvenience.
    26. If there is a defect which cannot be remedied and which prevents the thing from being properly used as a thing without defect, the buyer has the right to have the thing replaced or to withdraw from the contract. The same rights shall apply to the buyer if the defects are remediable, but if the buyer cannot properly use the object due to the reappearance of the defect after the repair or due to a greater number of defects.
    27. If there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the item.
    28. If the item sold for a lower price or the used item has a defect for which the seller is liable, the buyer has the right to a reasonable discount instead of the right to have the item replaced.
    29. If the defect is irremediable but does not prevent the proper use of the goods, the buyer is entitled to a reasonable discount on the price of the product.
    30. If the buyer has the right to exchange the goods or the right to withdraw from the contract (refund), it is up to the buyer which of these rights he exercises. However, as soon as he has chosen one of these rights, he may no longer unilaterally change this choice himself.
    31. If the consumer makes a complaint, the seller or an employee or designated person authorised by the seller is obliged to inform the consumer of his/her rights as stated above.
    32. Determination of the method of complaint handling: based on the consumer's decision which of the rights the consumer claims, the seller is obliged to determine the method of complaint handling:
    (a) immediately,
    (b) in complex cases, no later than 3 working days from the date of the complaint
    (c) in justified cases, in particular where a complex technical assessment of the condition of the goods or services is required, no later than 30 days from the date on which the complaint is made.
    33. 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 may not take longer than 30 days from the date of the complaint.
    34. In accordance with the provisions of Section 18(4) of the Consumer Protection Act, the Seller is obliged to settle the complaint within 30 calendar days, regardless of the manner in which the Buyer purchased the goods.
    35. The following shall be deemed to be the settlement of a complaint: Pursuant to Section 2(m) of the Consumer Protection Act, the settlement of a complaint shall be understood as the termination 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, written invitation to take over the performance or its reasoned refusal. Pursuant to Article 122(1) of the Civil Code, a period of time determined according to days begins on the day following the event which is decisive for its commencement.
    36. After the expiry of the time limit for the settlement of the complaint, the consumer has the right to withdraw from the contract of sale or has the right to exchange the goods for new goods.
    37. If the consumer has made a claim within the first 12 months of purchase, the seller may only reject the claim on the basis of a professional assessment; regardless 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 related to the professional assessment.The seller must provide the consumer with a copy of the professional assessment justifying the rejection of the claim within 14 days of the date of the claim.
    38. If the consumer has made a claim for a product after 12 months from the purchase and the seller has rejected it, the person who has settled the claim is obliged to indicate in the claim settlement document to whom the consumer may send the goods for professional assessment. If the goods are sent to a designated person for expert assessment, the costs of the expert assessment, as well as any other costs reasonably incurred in connection therewith, 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 the expert assessment, he may reassert the claim; the warranty period shall not expire while the expert assessment is being carried out. the seller shall reimburse the consumer within 14 days of the date of the reasserted claim for all costs incurred for the professional assessment as well as all related costs reasonably incurred. A reasserted claim cannot be rejected.
    39. If the consumer sends the goods to a designated person for an expert assessment, the costs of the expert assessment as well as all other costs reasonably incurred in connection therewith shall always be borne by the seller, i.e. for the entire duration of the warranty period, regardless of the outcome of the expert assessment. However, if the goods are sent for expert assessment to a person other than the designated person, i.e. an expert or an authorised, notified or accredited person, the costs of the expert assessment as well as all other related costs reasonably incurred shall be reimbursed by the seller to the consumer only if the expert assessment proves the seller's liability for the claimed defect within 14 days from the date of the reassertion of the claim.
    40. The professional assessment must include:

    • identification of the person carrying out the expert assessment,
    • the precise identification of the product under assessment (e.g. serial or serial number),
    • a description of the condition of the product,
    • the result of the assessment,
    • the date on which the assessment was made.
      The expert assessment may only be carried out by:
    • an expert according to Act No 382/2004 Coll., the Act on Experts, Interpreters and Translators.
    • authorised, notified or accredited person - pursuant to Article 11(1), Article 2(1)(f) and Article 22(4) of Act No 264/1999
    • and Article 15 of Act No 90/1998 Coll.
    • authorised service (person authorised by the manufacturer to carry out warranty repairs).

    41. The Seller is obliged to issue a confirmation to the Customer when making a claim. This confirmation is a copy of the complaint report. In addition to the contact details of the Seller and the consumer, the confirmation should include a description of the defect and whether the consumer requests a repair, replacement, withdrawal from the contract or a discount on the purchase price, depending on the nature of the defect, as well as the date of the claim.
    42. If the claim is made by means of remote communication, e.g. by telephone, the Seller is obliged to deliver the confirmation of the claim to the Consumer as soon as possible, but at the latest together with the proof of claim settlement. The confirmation of the claim does not have to be delivered if the consumer has the possibility to prove the claim in another way, e.g. by e-mail.
    43. The Seller is obliged to issue a written proof of the complaint within 30 days from the date of the complaint at the latest. This written proof is a copy of the complaint report with a filled-in box of the complaint settlement, a letter containing a written notification of the complaint settlement or a text message or an e-mail message containing information about the complaint settlement with a written confirmation of its sending.
    44. Once a legitimate claim has been settled, the warranty period is extended by the duration of the claim. In the case of an unjustified claim, the warranty period shall not be extended. If the claim has been settled by replacement, the next claim, if any, shall be deemed to be the first claim for the goods.
    45. Buyer's cooperation: The Buyer is obliged to provide the Seller, or an authorised service centre, without delay with any assistance to verify the existence of the claimed defect and to remedy it (including the corresponding necessary testing or dismantling of the goods). The Buyer shall also be obliged to deliver the Goods, when making a claim, clean in proper packaging in accordance with the hygiene regulations or general hygiene principles, including all their components and accessories enabling such verification and removal of the defect.
    46. The Buyer is obliged to take delivery of the Goods from the warranty repair within one month at the latest from the notification of the repair.
    47. No provision of any law imposes an obligation on the seller to provide replacement goods to the consumer, during the period of processing of the claim.
    48. Claim in case of a business customer:

    • According to Act No. 250/2007, a consumer is exclusively a natural person who does not purchase goods for business purposes or use them in his/her employment or in the course of his/her profession.
    • In the case of a complaint by a business customer (not a consumer) - such a relationship is then not governed by the Consumer Protection Act or the Civil Code, but by the Commercial Code.

    49. The seller shall inform the buyer of the supervisory authority, which is: The Slovak Trade Inspection Authority.
    50. The Slovak Trade Inspection Authority, as an internal market control body, does not examine the validity of complaints, but only whether all the legal conditions relating to the complaint arising from the Consumer Protection Act have been fulfilled.
    51. Other supervisory authorities, depending on the goods or services offered through the online shop, may include:
    - the State Veterinary and Food Administration
    - the Regional Public Health Authority

    Information on online alternative dispute resolution (ADR) for e-shops
    1. The Seller hereby also informs the customers (buyers) that Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Additions to Certain Acts comes into force on 1 February 2016. The aim of this Act is to create a new possibility for consumers to resolve their dispute with the seller quickly, efficiently, less formally and, above all, free of charge or with minimal costs. The aim is to reach an amicable solution, or an agreement between the consumer and the seller to resolve the dispute, which, once both parties agree to its wording, becomes a binding legal basis.
    2. The alternative dispute resolution bodies are the Office for Regulation of Network Industries, the Office for Regulation of Electronic Communications and Postal Services and the Slovak Trade Inspection Authority. Moreover, the Slovak Trade Inspection is in the position of a so-called residual entity, which means that it will be entitled to resolve disputes for which the competence of other bodies is not specified, except for disputes arising from financial services contracts.
    3. Pursuant to Article 11 of the Act, the Court of First Instance may not rule on financial services. 391/2015 on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts, the consumer has the right to turn to the seller with a request for redress if he is not satisfied with the manner in which the seller has handled his complaint or if he believes that the seller has violated his rights. The consumer has the right, in the event of a dispute with the seller, after having exhausted all possibilities to resolve the dispute, to refer the dispute to an alternative dispute resolution entity, the value of which will be more than € 20,-. The legislation applies not only to "domestic" disputes, but also to "cross-border" disputes, i.e. disputes between foreign consumers and sellers in the territory of the Slovak Republic.
    4. The ADR entity shall terminate the dispute within 90 days from the date of its initiation and shall notify the claimant of any extension of 30 days (including repeatedly).
    5. If the consumer is not satisfied with the way the seller has handled his complaint or otherwise violated his rights, in that case he has the option to file a claim with the relevant entity. This does not exclude the possibility of resolving his dispute through the courts. In order to ensure a smooth dispute resolution process, the law requires mandatory cooperation from the seller.
    6. Alternative Dispute Resolution Body:
    Slovak Trade Inspection Authority, Central Inspectorate, Department for International Relations and Alternative Consumer Dispute Resolution, Bajkalská 21/A, P.O.Box No. 29 , 827 99 Bratislava 27, SR.
    Web: http://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi
    email: ars@soi.sk, adr@soi.sk
    7. The consumer may submit a proposal in the manner specified in § 12 of Act 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Additions to Certain Acts, also electronically through the online dispute resolution platform (RSO) at: http://ec.europa.eu/consumers/odr/index_en.htm
    8. Alternative Dispute Resolution is reserved exclusively for consumers of natural persons, not for business purchasers. Dispute resolution takes place between a consumer and a seller who have concluded a distance contract and whose dispute is worth more than 20€.
    9. The Seller hereby also informs the buyers about the possibility of individual submission of requests, proposals, suggestions and attempts to avoid disputes electronically to the following email address: htmodel@htmodel.sk

    Complaint form: pdf file

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