COMPLAINTS CODE OF E-SHOP CHANTALL
1. This Complaints Code regulates the practice of the company Chantall s.r.o., registered office Panenská 24, 811 03 Bratislava, the Slovak Republic, Business Identification No.: 35 818 646, ID VAT: SK 2020237131, Tax Identification No.: 2020237131, registered in the Companies Register of District Court Bratislava I, Section: Sro, File No.: 24765/B (hereinafter referred to as the “Seller”) and purchaser (hereinafter referred to as the “Purchaser”) when it claims the rights arising from the seller´s responsibility for defects of goods purchased on the basis of the purchase contract concluded between the purchaser and the seller for a distance (hereinafter referred to as the “Purchase Contract”) by means of electronic shop on the website www.chantall.sk (hereinafter referred to as the “chantall.sk”) and the rights and obligations of the purchaser and the seller (the Seller and the Purchaser collectively hereinafter referred to as the “Contractual Parties”) related to it.
2. Purchaser´s practice who is a consumer within Section 52 Subsection 4 of the Act No. 40/1964 Coll., the Civil Code as amended (hereinafter referred to as the “Civil Code) with respect to the application of rights arising from seller´s responsibility for defects of goods purchased on chantal.sk, as well as the regulation of rights and obligations of the contractual parties related with it, is regulated under Section 619 to Section 627 of the Civil Code and the Act No. 250/2007 Coll. on consumer´s protection and on the change of the Act of the Slovak National Council No. 372/1990 Coll. on offences as amended by later regulations (hereinafter referred to as the “Act on consumer´s protection”) as well as the Act No. 102/2014 Coll. on consumer´s protection with regard to goods sale or provisions of services on the basis of contract concluded for a distance or contract concluded out of operating premises and on changing and amending certain acts (hereinafter referred to as the “Act on consumer´s protection with regard to goods sale for a distance”).
3. Purchaser´s practice who is not a consumer within Section 52 Subsection 4 of the Civil Code with respect to the application of rights arising from seller´s responsibility for defects of goods purchased on chantal.sk, as well as the regulation of rights and obligations of the contractual parties related with it, is regulated under Section 422 to Section 442 of the Act No. 513/1991 Coll., the Civil Code as amended (hereinafter referred to as the “Civil Code”).
4. Purchaser confirms on the basis of sending an electronic order to the seller that he has acquainted with the seller´s Complaints Code and that he unreservedly agrees with it. The Complaints Code becomes binding for the purchaser at the moment of sending the electronic order to the seller.
5. The Complaints Code is publicly available at chantall.sk.
Checking on Taking Delivery of Goods Over
1. The purchaser is obliged to check goods on taking delivery, if the wrapping in which goods are packaged, is not damaged. In case of damage it is necessary to write a report of ascertained defects caused during transport with a carrier – courier service. If the purchaser takes the goods over in spite of obvious damage of the wrapping, the seller will refuse to recognize potential later complaints due to this reason.
2. The purchaser is obliged to examine the delivered goods without unreasonable delay after taking over.
3. If the purchaser ascertains the incompleteness of goods or any damage of goods caused by transport which is not shown as an external damage of wrapping, he is obliged to claim a complaint to the seller without delay. In case the purchaser does not claim a complaint to the seller within the period under the previous sentence, goods delivery is considered to be completed and without defects and the complaint will not be accepted due to this title.
4. The purchaser is obliged to claim to the seller the defects of goods purchased on chantall.sk without unreasonable delay under conditions stated in the relevant provisions of the Commercial Code and the Civil Code as amended.
LODGING A COMPLAINT AND WITHDRAWAL FROM THE CONTRACT
Withdrawal from the Purchase Contract without stating a reason under the Act on consumer´s protection with regard to goods sale for a distance
In case when the Purchase Contract is concluded using communication means for a distance (in this case electronic business on the internet) and in case if the seller has provided the purchaser as a consumer the information of the right to withdraw from the contract in time under Section 3 Subsection 1 Letter h) of the Act on consumer´s protection with regard to goods sale at a distance, the purchaser as a consumer is authorized without stating a reason within the provision of Section 7 Subsection 1 of the Act of consumer´s protection to withdraw from the Purchase Contract within 14 (in words: fourteen) days since taking goods over.
2. Claiming the right to exchange or repair (defect removal) goods, withdrawal from the contract due to goods defects
The seller is responsible for defects which the sold thing has when it is taken over by
the purchaser. If the goods have a defect which can be removed, the purchaser has the right that it is duly removed for free and in time. The seller is obliged to remove the defect without unreasonable delay. The purchaser can request the exchange of goods instead of defect removing or if the defect relates to goods part, exchange of the part if inadequate costs do not occur to the seller with regard to the goods price or the seriousness of defect. The seller can always exchange a damaged thing for an undamaged one instead of defect removal if it does not cause serious troubles to the purchaser.
If it is a goods defect which cannot be removed and which prevent the goods to be used as an undamaged goods, the purchaser has the right to exchange the goods or to withdraw from the contract. The same rights belong to the purchase, if though the defects are removable, but if the purchaser cannot duly use the goods due to repeated occurrence of defect after repair or higher number of defects. The purchaser has the right to adequate reduction of goods price if there are other defects which cannot be removed, the purchaser has the right to adequate reduction of goods price.
The purchaser can lodge the right to repair or exchange of goods in some of the following ways, and that is:
By delivery of written complaint /form/ together with the goods and the document of goods purchase by mail to seller´s correspondence address, that is:
Dvorská cesta 2/B
940 01 Nové Zámky
Tel.: +421 905 425 465
The seller may settle the complaint by a refusal only on the basis of professional assessment in case of the complaint claimed within 12 months since the goods purchase. Regardless of the result of professional assessment it is not possible to request from the purchaser the reimbursement of costs of professional assessment, not even other costs connected with the professional assessment. The seller is obliged to provide the purchaser the copy of professional assessment giving reasons for the refusal of the complaint not later than 14 days since the settlement of complaint.
If the seller refuses the complaint claimed after 12 months since the goods purchase, the seller is obliged to inform the purchaser who the product can be sent to for professional assessment and he will state this information in the document of complaint settlement. The professional assessment for the purpose of complaint settlement is understood inter alia also the opinion of authorized person or the person authorized by the producer to perform warranty repairs (Section 2 Letter n) of the Act on consumer´s protection).
If the product is sent for professional assessment to a designated person, the costs of professional assessment as well as other costs related to well spent costs are borne by the seller regardless of the result of professional assessment. If the purchaser proves on the basis of the professional assessment the responsibility of the seller for defect, he may claim the complaint again; a warranty period does not pass during the performance of professional assessment. The seller is obliged to reimburse all costs paid for the professional assessment within 14 days from the day of repeated claim of the complaint as well as all related well spent costs. The complaint claimed again cannot be refused.
Warranty Conditions and Warranty Period
1. A warranty period of 24 months is provided for the delivered goods to the purchaser. The warranty period commences to pass on the day of handing the goods over to the purchaser. Goods defect and claims resulting from the goods defect have to be claimed till the end of the warranty period. The right to claim the complaint ceases to exist by passing of the warranty period.
2. An invoice (goods purchase document) which serves as a warranty period at the same time will be enclosed to each goods purchased from the seller when it is delivered to the purchaser.
3. Only goods purchased from the seller and completely paid may be claimed. The purchaser is obliged to describe the defect in details for which he claims the goods.
4. It is not possible to consider the change of characteristic of goods for a defect which occurred during the warranty period as a consequence of wear, incorrect use, insufficient or unsuitable care, as a consequence of natural changes of materials of which the product is made, as a consequence of damage by the purchaser or the third person or other incorrect intervention.
Alternative Dispute Solving
1. In case the purchaser is not satisfied with the way how the seller has settled his complaint or he thinks that the seller has breached his rights, the purchase can contact the seller with the request for correction. If the seller responds negatively to the request under preceding sentence or he does not respond to such a request within 30 days since its sending by the purchaser, the purchase has the right to file a petition to commence alternative dispute solving under the provision of Section 12 of the Act No. 391/2015 Coll. on alternative consumer´s dispute solving and on changing and amending certain laws (hereinafter referred to as “Act on alternative consumer´s disputes solving”). Relevant entity for alternative consumer´s dispute solving with the seller is (i) Slovenská obchodná inšpekcia (Slovak Trade Inspection) which can be contacted due to the mentioned purpose at the address Ústredný inšpektorát SOI (Central Inspectorate of Slovak Trade Inspection), Department of International Relations and ARS, Prievozská 32, Post-Office Box 29, 827 99 Bratislava or electronically at firstname.lastname@example.org or email@example.com or (ii) other relevant authorized legal entity registered in the list of entities of alternative dispute solving maintained by the Ministry of Economy of the Slovak Republic (the list of authorized entities is available on the website http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s) and the purchaser has the right of choice which of the mentioned entities of alternative dispute solving he will contact. The possibility to contact the court is not affected by it. The purchaser may use the platform for dispute solving online with regard to filing a petition to alternative solving of consumer´s dispute, which is available on website http://ec.europa.eu/consumers/odr/.
2. Purchaser´s petition for commencing an alternative dispute solving within Section 12 Subsection 3 of the Act on alternative consumer´s dispute solving has to include:
a) consumer´s name and surname, delivery address, electronic address and telephone contact if he has them,
b) accurate designation of the seller,
c) complete and understandable description of decisive facts,
d) designation what the purchaser as a consumer claims,
e) date when the purchaser as a consumer contacted the seller with the request for rectification and the information that the attempt to solve the dispute directly with the seller has been vain,
f) declaration that the same petition has not been sent to other entity of alternative dispute solving in the case, the court or the arbitration court have not decided in the case, no agreement of mediation has been concluded in the case, not even the alternative dispute solving has been completed in the case in a way under Section 20 Subsection 1 Letter a) to e) of the Act on alternative solving of consumer disputes.
Processing of Personal Data
1. The seller processes purchaser´s personal data for the purpose of complaint settlement. The seller will provide purchaser´s personal data to recipients whom he is obliged to provide personal data on the basis of law, such as Slovak Trade Inspection, with the exception of mediators Personal Leasing Services, s.r.o., Business Ident. No.: 46 093 621, registered office Holíčska 25, 851 01 Bratislava and VD Personal s.r.o., Business Ident. No.: 48 304 964, registered office Havlíčková 11A, 811 04 Bratislava, the third party such as Slovenská pošta (Slovak Mail) and a courier company. The seller proceeds in dealing with purchaser´s personal data in compliance with the provisions of valid regulations on the protection of personal data. The purchaser takes into consideration that he is obliged to provide his personal data correctly and truthfully and to inform the seller about the change of his personal data without undue delay. Legal basis of the processing is a legal obligation. The purchaser is obliged to provide personal data for the purposes of complaint settlement, if not provided, it can have the consequence of unsettled complaint. The seller will process and archive personal data in compliance with special regulations for the period of 3 years from the day of finishing of contractual relation. The purchaser confirms that provided personal data are true and he is responsible for the untruthfulness of personal data. The purchaser as an affected person, whose personal data are processed by the seller, has the right to request this company so that he can have access to personal data related to him, as well as the right to correction, erasure or limitation of processing of these data. The purchaser as an affected person, whose personal data are processed by the seller has at the same time the right to object against the processing of personal data related to him and the right to accuracy of these data. If the requests of the affected persons are obviously groundless and inappropriate, especially due to their repeated nature, the seller may request an adequate fee taking into consideration the administrative costs for providing information or to refuse to act on the basis of request. If the affected person thinks that the processing of personal data related to him is in contradiction to valid regulations on protection of personal data, he has the right to file a complaint to a supervisory body which is the Office for Personal Data Protection of the Slovak Republic, Hraničná 12, 820 07 Bratislava. Address potential questions related to the protection of personal data to a responsible person by means of e-mail address: firstname.lastname@example.org.
1. The seller reserves the right to change and/or complete the Complaints Code at any time. Changes and additions of this Complaints Code come into force on the day of their publication on chantall.sk.
In Nové Zámky, on 24th July 2018