COMPLAINTS PROCEDURE
of the seller ETC s.r.o., Company ID: 31 641 393, registered office Rosinská cesta 8, 010 08 Žilina
This Complaints Procedure governs certain rights and obligations of the buyer – consumer and the seller ETC s.r.o., Company ID: 31 641 393, registered office Rosinská cesta 8, 010 08 Žilina (hereinafter the “seller”) arising from liability for defects of goods. Pursuant to § 18 of Act No. 250/2007 Coll. on Consumer Protection, the Complaints Procedure contains in particular the seller's information for the buyer – consumer on the conditions and manner of making a complaint, including where a complaint can be made, and on the performance of warranty repairs. For the purposes of this Complaints Procedure, a buyer – consumer is a natural person who buys goods and products of the seller for personal use or for the use of members of his or her household within the meaning of § 2(a) of Act No. 250/2007 Coll. on Consumer Protection in conjunction with § 52(4) of the Civil Code No. 40/1964 Coll. (hereinafter the “consumer”). This Complaints Procedure is an integral part of the purchase contract concluded between the consumer and the seller and of all its amendments and supplements, and it is also part of the seller's General Terms and Conditions, if issued. The Complaints Procedure applies only to contractual relationships in which the buyer is a consumer within the meaning of § 2(a) of Act No. 250/2007 Coll. on Consumer Protection. Complaints about goods by a buyer who is an entrepreneur are governed by the Commercial Code No. 513/1991 Coll. This Complaints Procedure does not apply to natural or legal persons who are entrepreneurs within the meaning of § 2(2) of the Commercial Code No. 513/1991 Coll. or are defined in § 261(2) of the Commercial Code No. 513/1991 Coll., unless the seller and the buyer – entrepreneur agree otherwise when concluding the purchase contract.
Supervisory authority for consumer protection:
Slovak Trade Inspection, Predmestská 71, P.O. Box B-89, 011 79 Žilina, Department of Technical Inspection of Products and Consumer Protection
phone: 041/ 7632 130, fax: 041/ 7632 139, e-mail: za@soi.sk, web: www.soi.sk
I. Basic rights and obligations of the consumer
1. When taking over the goods, the consumer must carefully inspect the delivered goods and check that all packaging is intact, that the individual items are correct and complete, and whether the goods have any visible damage caused by transport.
2. In the case of obvious defects of the goods or damaged packaging, the buyer must refuse the defective goods on delivery or record the defects directly in the delivery note.
3. If the consumer discovers hidden defects that become apparent only when unpacking, assembling or using the goods, or discovers missing parts, he or she must not start or continue assembling or using the goods. Until the complaint is settled, the consumer may not dispose of or use the defective goods in any way; in particular, he or she must refrain from interfering with the goods, repairing them or taking them apart.
4. Before using or assembling the goods for the first time, the consumer must study the warranty conditions, including the instructions for use and assembly, and follow this information carefully. In case of any doubt, the consumer must contact the seller without delay.
5. If the buyer did not receive the instructions for use or assembly, he or she must state this in the delivery note or notify the seller in writing without delay (no later than within 5 days) and refrain from using and assembling the goods until these documents are delivered.
6. Besides the goods, the package contains all written instructions and information for the consumer on exercising his or her rights under the applicable consumer protection legislation.
7. The consumer is entitled to withdraw from a distance contract or an off-premises contract without giving a reason within 14 days from the day of:
a) taking over the goods, in the case of contracts for the sale of goods,
b) concluding a contract for the provision of a service, or
c) concluding a contract for the supply of digital content not supplied on a tangible medium.
II. Liability of the seller for defects of goods
1. The seller is liable for defects that the goods (the item sold) have when taken over by the consumer.
2. The seller is also liable for defects that occur during the warranty period.
3. The seller guarantees that during the warranty period the goods will have the usual quality suitable for normal use. Any special properties or special quality of the delivered goods must always be agreed by the contracting parties on the basis of a sufficiently precise specification.
4. The quality warranty does not cover defects or wear of the goods caused by their usual or excessive use, incorrect or inappropriate use, improper handling, or a humid or chemically aggressive environment in which the goods are placed. All rights of the consumer arising from the warranty period lapse if the buyer did not follow the instructions for use or assembly, if the goods were used contrary to their intended purpose, or if the goods were modified or repaired without authorization. Claims for defects also cannot be made for defects for which a special discount on the purchase price was granted, or for defects caused by the buyer after taking over the goods, in particular during his or her own transport and assembly. The seller is also not liable for defects resulting from further use of the goods after a defect was found or occurred.
5. The warranty also does not cover defects and faults of the goods caused in particular by:
- unprofessional handling, including interfering with the goods, repairing them or taking them apart
- connection to an unsuitable electrical network
- additional installation (removal) of components of the device by an unauthorized and unqualified person
- damage to the instrument caused by applying voltage to the common conductor/chassis of the instrument (does not apply to the M774 oscilloscope)
- use of the instrument in other than laboratory conditions
6. The seller is not liable for damage caused by the instrument to other equipment (PC, notebook, tablet, mobile phone etc.)
III. Warranty period
1. Pursuant to § 620(1) of the Civil Code No. 40/1964 Coll., the warranty period is 24 months. The warranty period starts on the day the buyer takes over the goods.
2. A longer warranty period can be granted only by a written declaration of the seller, in the warranty certificate or by a written agreement of the contracting parties. In the warranty certificate issued to the buyer, the seller may grant a warranty exceeding the scope of the statutory warranty; the conditions and scope of such warranty are specified in the warranty certificate.
3. Pursuant to § 626(1) of the Civil Code No. 40/1964 Coll., rights arising from liability for defects of an item for which a warranty period applies lapse if they were not exercised within the warranty period.
4. If the goods are replaced with new ones, the warranty period starts again from the takeover of the new goods.
IV. Where to make a complaint
1. The consumer may report defects of the goods directly to the seller at its registered office at Rosinská cesta 8, 010 08 Žilina, or by sending the goods and the complaint by post or courier to the seller's registered office, or electronically (by e-mail or web form).
V. How to make a complaint
1. The consumer must report (claim) defects of the goods properly and in good time after discovering them.
2. After discovering a defect, the consumer must stop using the goods and store them properly.
3. The complaint must contain: the order number or the number of the tax document (invoice), the name and specification of the product, the serial number, which may be stated in the warranty certificate, on the box, the packaging or the goods themselves, an exact description of the defect(s), the consumer's contact details (in particular name and surname, delivery address, telephone and e-mail if applicable), and the right being exercised (e.g. repair, replacement of the goods, discount on the purchase price, withdrawal from the contract with a refund of the purchase price).
4. The consumer proves the purchase of the goods with the relevant receipt or a legible copy of it, a bank statement, an invoice or in any other way that clearly shows when and where the claimed goods were bought.
5. If the consumer's complaint is incomplete or has deficiencies, the seller will ask the consumer to remedy them.
6. To save transport costs, the contracting parties may subsequently agree that the seller will assess the defects of the claimed goods directly at the consumer's premises. If the complaint proves unjustified, the seller is entitled to reimbursement of the costs incurred by travelling to the unjustifiably claimed goods.
VI. Time limits for settling a complaint
1. When the consumer makes a complaint, the seller, an employee authorized by the seller or a designated person must inform the consumer of his or her rights under the general regulation; based on the consumer's decision as to which of these rights he or she exercises, the seller must determine how the complaint will be settled immediately, in complex cases no later than within 3 working days from the day the complaint was made, and in justified cases, in particular where a complex technical assessment of the condition of the product or service is required, no later than within 30 days from the day the complaint was made. After the method of settlement has been determined, the complaint is settled immediately; in justified cases it may be settled later, but the settlement must not take longer than 30 days from the day the complaint was made. After this period expires, the consumer has the right to withdraw from the contract or the right to have the product replaced with a new one.
2. When a complaint is made, the seller must issue a confirmation to the consumer. If the complaint is made by means of distance communication, the seller must deliver the confirmation to the consumer immediately; if this is not possible, it must be delivered without undue delay, at the latest together with the document on the settlement of the complaint; the confirmation need not be delivered if the consumer can prove the complaint in another way. The seller must issue a written document on the settlement of the complaint no later than within 30 days from the day the complaint was made.
3. Pursuant to § 627(1) of the Civil Code No. 40/1964 Coll., the period from exercising the right arising from liability for defects until the consumer was obliged to take back the item after the repair is not counted in the warranty period. The seller must issue the consumer a confirmation of when the right was exercised, of the repair carried out and of its duration.
3. Pursuant to § 627(2) of the Civil Code No. 40/1964 Coll., if the item is replaced, the warranty period starts again from the takeover of the new item. The same applies if a part for which a special warranty was granted is replaced.
VII. Consumer claims for defects of goods (§ 622 to § 624 of the Civil Code No. 40/1964 Coll.)
1. If the defect can be removed, the consumer has the right to have it removed free of charge, in good time and properly. The seller must remove the defect without undue delay. Removable defects are defects whose removal does not affect the appearance, function and quality of the goods.
2. Instead of removal of the defect, the consumer may request replacement of the item or, if the defect concerns only a part of the item, replacement of that part, provided this does not cause the seller disproportionate costs with regard to the price of the goods or the seriousness of the defect.
3. Instead of removing the defect, the seller may always replace the defective item with a faultless one, if this does not cause the consumer serious difficulties.
4. If the defect cannot be removed and prevents the item from being used properly as an item without a defect, the consumer has the right to replacement of the item or the right to withdraw from the contract. The buyer has the same rights in the case of removable defects if he or she cannot use the item properly because the defect recurs after repair or because of a larger number of defects.
5. In the case of other irremovable defects, the consumer has the right to a reasonable discount on the price of the item. When determining the amount of the discount, the actual extent and nature of the defect and the degree of damage to the goods are taken into account. An irremovable defect is always a defect that objectively cannot be removed or whose removal is not practical with regard to all relevant circumstances, in particular the costs associated with removing it.
6. If the nature of an irremovable defect does not prevent proper use and functionality (e.g. aesthetic defects) and the consumer does not request replacement of the goods, the consumer has the right to a reasonable discount on the purchase price or to withdraw from the purchase contract as far as the claimed goods are concerned, if the defective goods can be separated from the faultless goods.
7. The seller and the consumer may agree on another way of settling the complaint and on the consumer's claims arising from liability for defects. If no agreement is reached, the buyer is entitled to resolve the matter in court.
8. If the consumer's complaint is unjustified, the seller has the right to request from the consumer reimbursement of the costs incurred by travelling to the unjustifiably claimed goods or by sending the unjustifiably claimed goods back to the consumer.
VIII. Final provisions
1. The rights of the consumer governed by the relevant provisions of Act No. 250/2007 Coll. on Consumer Protection and the Civil Code No. 40/1964 Coll. and, in the case of distance selling, by Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or an off-premises contract, remain fully unaffected by this Complaints Procedure. Where a mandatory legal provision governs the rights and claims of the consumer more favourably or differently, that provision applies, unless the contracting parties agree otherwise.
2. The contracting parties have agreed that all legal relations between them are governed exclusively by the law of the Slovak Republic, even if the consumer resides outside the territory of the Slovak Republic.
3. The seller and the consumer hereby agree that Slovak courts have exclusive jurisdiction to resolve disputes arising from all their contractual relations or claims for damages.
4. The seller has the right to amend, supplement and cancel this Complaints Procedure.
5. This Complaints Procedure comes into force on 21 February 2016.
ETC s.r.o.
This translation is provided for information only. The Slovak version of the Complaints procedure is legally binding.
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