Complaints Procedure

R

Online store www.ninascrunchies.com

I. General Provisions
1.1. This complaint policy is issued in accordance with Act No. 40/1964 Coll. Civil Code, as amended (hereinafter referred to as the "Civil Code"), Act No. 250/2007 Coll. on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act"), Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or the Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Business Premises, as amended, and Act No. 22/2004 Coll. on Electronic Commerce, as amended. It regulates the legal relationship between the Seller, which is:

1.2. The Seller is the company: Business Name: PERTO H+H s.r.o.
Registered Office: Bezekova 2034/21, 841 02 Bratislava, Slovak Republic
The company is registered in the Commercial Register of the Municipal Court Bratislava III, Section Sro, File No. 17078/B
Company ID (IČO): 31705685
Tax ID (DIČ): 2020515123
VAT ID (IČ DPH): SK2020515123
Bank Account: SK33 0900 0000 0051 7006 8078
The Seller is a VAT payer.

(Hereinafter referred to as the "Seller" or "Merchant") and any person who is a Buyer of goods or services offered by the Seller on the Seller's Website and who acts as a consumer under the provisions of the General Terms and Conditions published on the Seller's Website, this Complaint Policy, and the relevant laws defining the consumer, under the valid legislation of the Slovak Republic, in particular:

• Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Business Premises, as amended,

• Act No. 250/2007 Coll. on Consumer Protection, as amended,

• Act No. 40/1964 Coll. Civil Code, as amended.

1.3. The Seller’s email and phone contact details:
Email: info@ninascrunchies.com
Phone: +421918 78 72 74

1.4. The Seller recommends that consumers assert their rights for defects in goods, products, or services (complaints) at the following address: Bezekova 2034/21, 841 02 Bratislava, Slovak Republic.

1.5. This Complaint Policy regulates the rights and obligations of the Buyer, who is a consumer when asserting rights for defects in goods or services under a distance purchase contract concluded with the Seller through the Seller's online store.

1.6. The Buyer is any person (natural or legal) who has concluded a purchase contract with the Seller via the Seller's Website or other remote communication means.

1.7. A Consumer is a Buyer who is a natural person and who, when concluding a purchase contract via the Seller's Website, does not act within the scope of their business activities.

1.8. This Complaint Policy governs the legal relations between Buyers who are consumers and the Seller, except as stated in clause 4.12 of this Complaint Policy (Seller's Declaration on Warranty Period when the Buyer is not acting as a consumer).

1.9. Products (hereinafter also referred to as "Items" or "Goods") are goods and services that are offered for sale and published on the Seller’s Website.

II. References
2.1. The liability of the Seller for defects in goods or services (as well as other legal relationships that may arise from the contractual relationship) with individuals who do not act within the scope of their business activities (consumers) is governed by the general provisions of Act No. 40/1964 Coll. Civil Code, as amended, and by special regulations, particularly Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller’s Business Premises, and Act No. 250/2007 Coll. on Consumer Protection.

2.2. The legal relationships arising from asserting rights for liability for defects between the Seller and the Buyer, who is a legal entity or a natural person entrepreneur acting within the scope of their business activities (persons who are not consumers), are governed by Act No. 513/1991 Coll. Commercial Code, as amended, except as stated in clause 4.12 of this Complaint Policy.

2.3. In accordance with §3, paragraph 1, letter n) of Act No. 102/2014 Coll., the Seller informs consumers that there are no specific applicable codes of conduct to which the Seller has committed to adhering.

III. Seller’s Liability for Defects in Products (Goods and Services)
3.1. The Seller is obliged to deliver the goods or services in accordance with the concluded purchase contract, i.e., in the required quality, quantity, and without defects (factual or legal).

3.2. The Buyer is entitled to inspect the purchased item or service before acceptance.

IV. Warranty Period
4.1. The warranty periods commence from the moment the Buyer receives the goods or services.

4.2. If the purchased item is not perishable or used, the Seller is liable for defects occurring after the item’s acceptance within the warranty period (warranty). The warranty period is 24 months.

4.3. If the item is used, the Buyer and Seller may agree on a shorter warranty period, but not shorter than 12 months.

4.4. The warranty periods may exceed 24 months for certain products based on legal provisions.

4.5. Upon request, the Seller is obliged to provide a written warranty certificate (warranty card).

4.6. If a defect is found, the Buyer has the right to file a complaint with the Seller as soon as possible.

V. Procedure for Asserting Complaints
5.1. The Consumer may file a complaint at the address provided in clause 1.4 of this Complaint Policy.

5.1.1. The Seller recommends that the Buyer submit the complaint with a detailed description of the defect and proof of purchase (e.g., invoice, receipt, warranty certificate).

5.1.2. Complaints should be sent by registered mail. The Seller does not accept cash-on-delivery shipments.

5.1.3. The Seller is obliged to provide a written confirmation of the complaint filing.

5.1.4. The Seller must resolve the complaint within 30 days of its receipt and provide a written resolution.

VI. Buyer’s Rights When Exercising Liability for Defects

6.1. If the defect is repairable, the Buyer has the right to have it removed free of charge, in a timely and proper manner. The Seller is obliged to remove the defect without undue delay.

6.2. Instead of having the defect repaired, the Buyer may request a replacement of the item or, if the defect pertains only to a component of the item, a replacement of the component, provided that this does not result in disproportionate costs for the Seller in relation to the price of the goods or the severity of the defect.

6.3. The Seller may always replace the defective item with a fault-free one instead of repairing the defect, provided that this does not cause significant difficulties for the Buyer.

6.4. If the defect is irreparable and prevents the proper use of the item as a defect-free product, the Buyer has the right to request a replacement of the item or to withdraw from the contract. The same rights apply if the defect is repairable, but the Buyer cannot use the item properly due to repeated occurrences of the defect after repair or due to multiple defects.

6.5. If the defect is irreparable but does not prevent the proper use of the item, the Buyer has the right to a reasonable discount on the purchase price.

VII. Final Provisions

7.1. This Complaint Policy is an integral part of the General Terms and Conditions and the Privacy Policy of this Website. The General Terms and Conditions and the Privacy Policy of this Website are published on the domain of the Seller’s Website.

7.2. In the event of changes to this Complaint Policy, the relationship between the Buyer and the Seller shall be governed by the Complaint Policy valid and effective at the time the Purchase Agreement was concluded, until its termination.

7.3. This Complaint Policy is valid and effective from the moment it is published on the Seller's Website on June 30, 2024.

---

How to Proceed with a Complaint?

In the event of a complaint, it is necessary to fill out a complaint form – Download the complaint form.

The completed complaint form must be sent together with the claimed goods in a single package. The Buyer is obliged to send the claimed goods by registered mail at their own expense to the following address:

PERTO H+H s.r.o., Bezekova 21, 841 02 Bratislava, Slovakia

Alternatively, you can bring the claimed goods to our store in person.

For more information, contact us at:
wttp.  +421 918 78 72 74
📧 info@ninascrunchies.com