Returns & Complaints procedure
1. This complaints procedure regulates the manner and place of complaint and the return procedure.
2. This complaints procedure constitutes an integral part of the seller`s purchase contract concluded between seller and consumer.
3. This complaints procedure applies to any goods bought by the consumer from the seller.
Business name: OLEJÁR, spol. s r.o.
Reg. registered in the Commercial Register of Prešov District Court, Section: Sro,
File No. 16631/P
Registered Office: Priemyselná 4265, Bardejov 085 01
Reg. No.: 36 509 531
Tax No.: 202206639
VAT No.: SK202206639
Represented by: Marián Olejár, directive
mob.: +421 905 560 158
4. Any item bought from seller may be return in 2 cases:
a) Return within warranty period
b) Complain in amount, type of price.
Liability for defects
1. The seller is obligated to deliver the goods that is in accordance to the contract, mainly without any defects. That means, that the goods has quality and performance characteristics mentioned by the seller, or the quality and performance characteristics that is common for this kind of goods and that he is liable for goods to meet any legal reguirements and can be used for purpose that is usually used for.
2. Liability for defects is govent by § 620 Civil Code.
3. The seller is liable for damages of the sold product at the time of delivery. The seller is not liable for damanges of the sold thing, if it was sold for lower price beause of that damage.
4. Accept the goods that can quickly decay or the used things, the seller is liable for damages, that appear after delivery within warranty period. Warranty period is 24 months.
5. Warranty period starts from the arrival of the goods to the place of delivery.
6. The seller is not liable for damages that occurred by:
a) mechanical damage to the goods,
b) the disposal and storage of the goods contrary to the conditions for use,
c) using the goods under conditions that do not correspond with their temperature, humidity, chemical and mechanical impacts of the environment
d) incorrect handling or failure to take care of the goods,
e) excessive burden or use contrary to general principles,
f) natural forces or force majeure.
Submission of complaint
1. The buyer can file a complaint in one of the following ways:
a) by filling in the complaint form and sending it by post to the address of the seller's registered office or by e-mail,
b) by writing a complaint and sending it by post to the address of the seller's registered office or by e-mail.
2. When making a complaint, the buyer will send to the above address, together with the defective goods, a completed complaint form, a tax document proving the purchase of goods and proof of delivery (hereinafter "required documents").
3. The buyer shall state the following information in the complaint form:
- identification of the buyer,
- electronic order number,
- a description of the goods which the buyer requests to be returned / exchanged, stating the code, color, size, quantity and price,
- name and bank account number of the buyer and bank code,
- date and signature of the buyer.
4. If the buyer does not deliver the required documents together with the goods he wishes to complain about, the seller will ask the buyer to additionally deliver the required documents.
5. If the buyer does not deliver the giids he wishes to complaint about, the seller reserves the right not to proceed with the processing of the matter in question and it is considered that the buyer does not intend to complain about the goods.
6. The seller reserves the right not to accept the goods sent by the buyer cash on delivery.
7. When sending back, the goods must be packed in such a way as to prevent damage. Damage to the goods during transport may result in the complaint not being accepted.
Claims from defects of the goods
1.The seller is responsible for the defects of the sold item when taken over by the buyer. The buyer has the right to make claims for defects in the goods during the warranty period.
2. In the case of a defect that can be rectified, the buyer has the right to have it rectified free of charge, in good time and properly. The seller is obliged to eliminate the defect without undue delay. Instead of eliminating the defect, the buyer may request an exchange of the item, or if the defect concerns only a part of the item, a replacement of the part, if the seller does not incur disproportionate costs due to the price of the goods or the severity of the defect. Instead of eliminating the defect, the seller can always replace the defective item with a perfect one, if this does not cause serious difficulties for the buyer.
3. In the case of a defect which cannot be remedied and which prevents the thing from being properly used as a thing without defects, the buyer has the right to exchange the thing or has the right to withdraw from the contract. The same rights belong to the buyer in the case of remediable defects, but if the buyer can not properly use the thing due to the recurrence of the defect after repair or for a larger number of defects. In the case of other irreparable defects, the buyer is entitled to a reasonable discount on the price of the item.
The settlement of complaint
1.Seller shall determine the manner of complaint settlement immediately, in complicated cases within 3 working days from day the complaint was submit, in justified cases, that requires a complex technical assessment , within 30 days from day the complaint was submit. After determining the manner of complaint settlement, the complaint must be settled immediately, in complicated cases tha complaint can be settled later. To settle the complaint shall not take longer than 30 days from submission of complaint. Once the period for settlement of complaint has expired, the consumer has a right to withdraw from contract or has a right for exchange of a product.
2. The time from submittion of complaint until the settlement of complaint is excluded from warranty period. If the item is replaced with a new one, the new warranty period begins to run from its receipt.
3. The seller is obliged to issue a written document on the handling of the complaint no later than 30 days from the date of the complaint.
4. Consumer is entitled to reimbrusement of costs (mainly shipping) incurred in connection with the sumbmittion of justified complaint and have been spent efficiently and exxectively.
Liability for defects according to Commertial Code
1. Liability for defects that arise from contract concluded between seller and entrepreneur is govern by Commertial Code.
2. The seller is liable for damages of the sold thing at the time of the transfer of the risk of damage to the buyer, even if the defect will become apparent after that time. The seller is liable also for any defect on goods, that arise after that time, if it is caused by seller´s breach of duties.
3. The buyer is obligated to take the goods over as soon as possible after the transfer of the risk of damage to the buyer. If the buyer does not inspect the goods at the time of the transfer of the risk of damage to the goods, he can assert claims for damages only if he proves that the goods had these defects at the time of the transfer of the risk of damage to the goods.
4. Buyers rights arising from the defects in the goods cannot be asserted at judicial proceedings if the buyer fails to notify the seller of the defects of the goods without u ndue delay,
a) after the buyer has detected such defects,
b) after the buyer has learned of defects which, however, could have been detected if expert care was taken during the obligatory check under Section 427 subsections 1 and 2 above, or,
c) after ascertaining the defects later although all professional care had been taken, at the latest, however, within two years after the delivery of the goods or after the time when the goods reached the place of destination stipulated in the contract. Defects, falling under the quality guarantee, shall be claimed within the period stipulated for in the quality guarantee.
1. This complaints procedure has been prepared by Lanikova Group s.r.o. law firm for the seller, while he is protected under Act No. 618/2003 Coll. The Copyright Act, as amended. It is prohibited, without the author`s consent, to use this author`s work in any way, particularly, but not limited to, copying, publishing, amending, modifying, disseminating and misusing it otherwise.
2. This complaints procedure goes into force and effect on 15 June 2020.