I. INTRODUCTORY PROVISIONS
This document is an integral part of the General Terms and Conditions of the Seller - Company:
Dominika Sichrovská-KINKA,
Tajovského 2600/8, 05 8 01 Poprad ,
Operation: Námestie sv. Egídia 22/49, 05 801 Poprad,
E-mail: objednávky@kinka.sk, tel : 0951 021 891
(hereinafter referred to as "Seller" or "KINKA ").
The KINKA Complaints Procedure is issued in accordance with Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), Act No. 250/2007 Coll. on Consumer Protection and on the amendment of Act No. 372/1990 Coll. on Offences, as amended (hereinafter referred to as the "Consumer Protection Act", Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts, as well as other generally binding legislation of the Slovak Republic.
In accordance with Section 18(1) of the Consumer Protection Act, the Seller duly informs the Consumer (hereinafter also referred to as "Customer" or "Buyer") about the conditions and method of exercising the rights under the liability for defects (hereinafter also referred to as "claim"), including information on where the claim can be filed and on the performance of warranty repairs.
This Complaint Procedure applies to the complaint of goods acquired by the Buyer from the Seller in the Seller's business units in the territory of the Slovak Republic and also in the Seller's e-shop www.KINKA .sk.
This Complaint Procedure does not apply to the complaint of KINKA goods purchased by the Customer in a KINKA shop in a country other than the Slovak Republic or from other sellers. When claiming such goods, it is necessary to follow the claims procedure of the respective seller.
II. SELLER'S LIABILITY FOR DEFECTS AND WARRANTY PERIOD
The Seller shall be liable for defects in the goods sold which are present upon receipt by the Buyer and for defects in the goods which become apparent after receipt of the goods within the warranty period (warranty).
The length of the warranty period is 24 months, unless the seller has provided a longer warranty period. The warranty period shall commence from the time of acceptance of the goods by the buyer. The lifetime of the goods may not coincide with the term warranty period.
Liability rights for defects in the goods for which the warranty period applies shall be extinguished if they are not exercised within the warranty period. Liability rights for perishable goods must be exercised no later than the day after purchase; otherwise, the rights are extinguished. The period between the exercise of the right of liability for defects and the time when the buyer was obliged to take delivery of the goods after the completion of the repair shall not be included in the guarantee period.
If the goods are replaced, the warranty period starts again from the receipt of the new goods. The same shall apply if a part for which a warranty has been granted is replaced.
The seller is not liable for defects in the goods if:
the buyer caused the defect himself;
it has arisen during the warranty period as a result of wear and tear due to normal use, improper use or use contrary to the purpose for which the goods are intended;
basic maintenance has not been carried out properly;
the defects were caused by tampering by an unauthorised person with the goods or their components;
the buyer was aware of the defect or was expressly and clearly advised of the defect prior to taking delivery of the goods; and if a discount on the price of the goods has been granted because of the defect;
the protective seals on the goods have been broken;
if the goods are claimed after the expiry of the warranty period or any other period within which the goods are to retain their specific characteristics.
III. RIGHTS AND OBLIGATIONS OF THE BUYER
If the purchased goods are defective and are subject to the responsibility of the seller, supplier or manufacturer and are covered by a guarantee, the buyer has the right to claim the defect for breach of the contract of sale. The Buyer is obliged to claim the goods without undue delay after the defect has been detected, so that the claim can be properly assessed and processed.
The Buyer is obliged to provide assistance to resolve the complaint, in particular by providing his name, surname, delivery address, e-mail address, telephone number, date of the complaint, description of the defect in the goods and the required method of handling the complaint. In order for the complaint to be properly assessed, it is necessary that the goods complained of are complete and in accordance with general hygiene principles.
In addition to the generally known rules, the Buyer is obliged to observe the conditions laid down for the use of the goods in the warranty card or the instructions for use, to use and care for the goods in accordance with their natural lifetime and, if the goods are sealed, not to break these seals when using them.
1)If there is a defect in the goods which can be remedied, the buyer has the right to have it remedied free of charge, in a timely and proper manner. If it is a non-warranty defect and the buyer agrees to a paid repair, the goods shall be repaired at the price according to the current valid price list.
2)The buyer may, instead of removing the defect, require replacement of the goods or, if the defect relates only to a part of the goods, 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.
3)The seller may always replace the defective goods with faultless goods instead of removing the defect, if this does not cause the buyer serious inconvenience.
4)If there is a defect in the goods which cannot be remedied and which prevents the goods from being properly used as a thing without defect, the buyer has the right to have the goods replaced or to withdraw from the contract of sale. The same rights shall apply to the buyer if the defects are remediable, but if the buyer cannot properly use the goods due to the reoccurrence of the defect after repair or due to a greater number of defects.
5)If there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the goods.
If the goods have defects of which the seller is aware, he is obliged to draw the buyer's attention to them when negotiating the contract of sale. If a defect which the seller did not warn the buyer about subsequently comes to light, the buyer is entitled to a reasonable discount on the agreed price corresponding to the nature and extent of the defect; if the defect renders the goods unusable, the buyer is also entitled to withdraw from the contract. The buyer shall also have the right to withdraw from the contract if the seller has assured him that the goods have certain characteristics, in particular those mentioned by the buyer, or that they have no defects, and this assurance proves to be false.
The buyer is obliged to inspect the consignment, i.e. the goods as well as their packaging, immediately after delivery in the presence of the carrier. In the event of discovering the existence of a defect in the goods, the Buyer is obliged to immediately notify this fact by e-mail to: objednavky@kinka.sk or by telephone, while the carrier is obliged to allow the Buyer to make a record of the extent and nature of the defect in the goods, the accuracy of which shall be confirmed by the carrier. All reasonable costs incurred in returning the goods to the Seller in this case shall be borne by the Seller.
IV.PLACE OF COMPLAINT
The Consumer shall have the right to make a claim at the Seller's establishment where the acceptance of the claim is possible with respect to the goods sold or services provided by delivering the goods to the Seller's establishment and delivering to the Seller the Buyer's declaration of intent to exercise his right under Clause III, paragraphs 1. to 5. of these Claims Regulations (hereinafter referred to as the "Notice of Claim"). In case of sending the goods by post, the Seller recommends to insure the goods when sending them for claim. The Seller does not accept COD shipments. The Buyer shall also have the right to lodge a claim with the person authorised by the manufacturer of the goods to carry out warranty repairs (hereinafter referred to as the "Designated Person"). A list of the designated persons is included in the warranty certificate or sent to the Buyer by the Seller at his request.
V. METHOD OF MAKING A CLAIM
The complaint procedure in respect of goods which are deliverable to the Seller shall commence on the date on which all of the following conditions are cumulatively fulfilled:
(a) delivery of the Notice of Claim to the Seller; and
(b) delivery of the goods claimed by the Buyer to the Seller.
The Seller shall issue to the Buyer a confirmation of the claim in an appropriate form chosen by the Seller, e.g. The Seller shall be obliged to indicate the exact defects of the goods complained of, the method of handling the complaint requested by the Buyer, the date on which the complaint was made, the date of receipt of the complaint, the complaint number, the contact details of the Buyer, the name of the person handling the complaint, when and where the goods were purchased and the price at which the goods were purchased, and, if the confirmation is in paper form, the confirmation shall also contain the signature of the person handling the complaint, the Buyer's signature and the Seller's stamp.
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 handling the claim.
The Seller is obliged to settle the complaint immediately, in complex cases no later than 3 working days from the date of the complaint, 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 complaint.
The Seller will inform the Buyer of the result of the complaint immediately after the end of the complaint procedure by telephone or in writing and will also receive a proof of the complaint together with the goods or by e-mail. The duration of the claim is calculated from the day after the claim is made until the day of the claim settlement. After the expiration of the period for processing the complaint, the buyer - consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods.
If the Buyer has made a claim for goods 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. 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.
If the Buyer has made a claim for goods after 12 months from the conclusion of the contract of sale and the Seller has rejected the claim, the Seller shall indicate in the claim document to whom the Buyer may send the goods for expert assessment. If the buyer proves the seller's liability for the claimed defect of the goods by the expert assessment, he can file the claim again.
If the Buyer sends the goods to the designated 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 result of the expert assessment, and the Seller shall be obliged to pay them to the Buyer within 14 days from the date of the reassertion of the complaint.
The Seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:
(a) by handing over the repaired goods,
b) by replacing the goods,
c) refunding the purchase price of the goods in the form of other goods of the Seller's choice, if the goods were purchased in the Seller's business unit,
(d) reimbursement of the purchase price in cash, on account or in the form of gift vouchers
(e) by payment of a reasonable discount on the price of the goods,
(f) by a written invitation to take delivery of the performance specified by the Seller,
(g) by reasoned rejection of a claim for goods.
In the case of goods returned by post or through the Seller's distribution partner due to a defect in the goods, the Buyer shall be entitled to a refund of the postage charge. The fee will be refunded to the Buyer's bank account indicated by the Buyer within 14 days from the date of receipt of proof of payment by the Seller.
The Buyer is obliged to take delivery of the claimed goods within 14 days from the date of receipt of the Seller's notice of repair of the claimed goods. If the Buyer fails to take delivery of the repaired goods within this period, the Buyer shall be obliged to pay the Seller a storage fee of EUR 1.00 for each day of non-acceptance of the goods up to the date of taking delivery of the goods.
VI.ALTERNATIVE DISPUTE RESOLUTION
If the Buyer is not satisfied with the manner in which the Seller has handled his complaint or believes that the Seller has violated his rights, he has the right to apply to the Seller for redress. If the Seller responds to the request for redress in a negative manner or fails to respond to such a request within 30 days from the date of its dispatch by the Customer, the Customer shall have the right to file a petition for the initiation of an alternative dispute resolution pursuant to the provisions of Section 12 of Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts, as amended.
The competent entity for alternative dispute resolution of consumer disputes with the Seller is the Slovak Trade Inspection or another competent authorised 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 http://www.mhsr.sk/); the customer has the right to choose which of the above-mentioned alternative dispute resolution entities to turn to, while the possibility of turning to court is not affected by this.
VII. RETURN OF GOODS
The Seller - KINKA allows the Buyer to return the goods for a legitimate reason within 30 days of purchase. The buyer is obliged to define the defects and then mail or personally arrange for the delivery of the goods to KINKA. The Seller is entitled to refuse to accept goods that are soiled, incomplete or used. When returning the goods, the Buyer is obliged to present the proof of purchase of the goods. If the goods are purchased under a discounted marketing promotion (e.g. 2+1 free), the full price of the goods is not refunded to the buyer when returning the goods, but only a proportionate part of the price of the goods in relation to the entire purchase under the discounted marketing promotion.
VIII. FINAL PROVISIONS
This Complaints Procedure shall enter into force and effect on 1 October 2020.
In the case of a purchase in the Seller's e-shop, the Buyer confirms by placing an order that he/she has read the General Terms and Conditions, of which this Complaints Procedure is an integral part, and that he/she agrees to them, in the version valid and effective as of the date of placing the order.
The Seller reserves the right to change these Complaints Regulations without prior notice. In relation to the Buyer, the Seller shall be bound by the Complaints Procedure as in force at the time of the online order or purchase in the KINKA bricks-and-mortar shop.
Supervision over compliance with the obligations of the Seller in matters of consumer protection in accordance with the applicable legislation is carried out by the Slovak Trade Inspection.
Approved by:........................
Dominika Sichrovská