- INTRODUCTORY PROVISIONS:
1.1. The company AT-Europe, s ro, with its registered office at Golden City Group, sro, Stará Vajnorská 3296/11, 831 04 Bratislava, Slovak Republic, IČO: 48209872, DIČ: 2120105911 entered in the Commercial Register kept by the District Court Bratislava, section: Sro, insert No .: 40888 / N (hereinafter referred to as "AT-Europe" or "Seller") issues these Complaints Rules (hereinafter referred to as "Complaints Rules"), which informs the consumer (hereinafter referred to as "Buyer") about the conditions and method of claiming goods or services , including information on where the Buyer may file a complaint, as well as on the performance of warranty repairs of goods, in accordance with the provisions of § 18 of Act no. no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter referred to as the “Consumer Protection Act”), and the relevant provisions of Act no. no. 40/1964 Coll. Of the Civil Code as amended (hereinafter referred to as the “Civil Code”) and Act no. no. 102/2014 on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the Seller's premises and on the amendment of certain laws (hereinafter "Act on Consumer Protection for distance contracts").
1.2. This Complaints Procedure applies exclusively to the Buyer, who is a consumer. For the purposes of these Complaints Procedure, consumers in accordance with § 2 letter a) of the Consumer Protection Act means a natural person who, when concluding and fulfilling a purchase or other consumer contract with the Seller, does not act within the scope of his business, employment or profession (if the buyer states his identification number (IČO) when purchasing, he is considered a person, which is not a consumer, unless he informs the Seller otherwise).
1.3. If the buyer is a person who is not a consumer, liability for defects is governed by the provisions of the purchase contract concluded between the buyer and the Seller, if not, the relevant provisions of Act no. 513/1991 Coll., Commercial Code as amended.
1.4. Pursuant to the provisions of Section 18 of the Consumer Protection Act, this Complaints Procedure is placed in a visible and accessible place in all points of sale of the Seller and on the Seller's website.
- LIABILITY FOR DEFECTS IN SOLD GOODS
2.1.Pursuant to the provisions of Section 619 of the Civil Code, the Seller is liable for defects in the goods sold when taken over by the Buyer. In the case of used goods (for example, dismantled samples of luminaires), it is not liable for defects caused by their use or wear. In the case of goods sold at a lower price, it is not liable for the defect for which a lower price was agreed.
2.2. If the goods are not used, the Seller is responsible for defects that occur after taking over the goods during the warranty period.
2.3. At the request of the Buyer, the Seller shall provide the Buyer with a written guarantee (guarantee certificate). If the nature of the matter allows it, it is sufficient if the Seller issues a proof of purchase to the Buyer instead of a warranty card.
3.1. Defects must be claimed by the Buyer from the Seller without undue delay.
3.2. The Seller provides a warranty for the Goods in accordance with generally binding legal regulations, but especially not only according to § 619 to § 625 of the Civil Code, for the warranty period stipulated by the relevant legal regulations or for the warranty period specified in the relevant warranty, which is not shorter than the warranty period stipulated by the relevant legal regulations. The general warranty period for goods delivered by the Seller is 24 months according to the provisions of § 620 of the Civil Code. If the period of use is marked on the goods sold, their packaging or the instructions attached to them, the warranty period does not end before the expiry of this period.
3.3. In the guarantee certificate issued to the Buyer, the Seller may provide a guarantee exceeding the scope of the guarantee stated in point 3.2, while the conditions and scope of this guarantee shall be specified in the guarantee certificate.
3.4.In the case of used goods, such as the sample, the Buyer and the Seller may agree on a shorter warranty period, but not shorter than 12 months (§ 620 paragraph 2 of the Civil Code) and the Seller is not liable for defects caused by their use or wear. Used goods are visibly marked as used by the Seller and contains information about their shortened warranty period.
3.5. Warranty periods begin to run from the date of receipt of the goods by the Buyer. If the purchased goods are to be put into operation by a third party, the warranty period begins to run only from the date of its commissioning, if the Buyer ordered the commissioning no later than 3 weeks after receipt of the goods and properly and timely provided the necessary cooperation to perform the service.
3.6. The warranty period does not include the time from the exercise of the right of liability for defects until the time when the Buyer was obliged to take over the goods after the repair. If the goods are exchanged for new goods, the new warranty period begins on the day of receipt of the new goods.
3.7. The rights from the liability for defects of the goods for which the warranty period applies expire if they have not been exercised during the warranty period.
- PLACE OF COMPLAINT
4.1. Pursuant to the Consumer Protection Act, the Buyer as a consumer may file a complaint at any point of sale (ie at the Seller's premises) in which the complaint is possible with regard to the goods sold, or at a designated person in accordance with the Consumer Protection Act; the designated person can handle the complaint only by handing over the repaired goods, otherwise he will forward the complaint to the Seller for equipment.
4.2. The Buyer may exercise the right to repair at any of the authorized service centers of the manufacturer of the purchased goods, the list, addresses and contacts of which are given in the warranty card and which are at the Seller's place or at a place closer to the Buyer or at any Seller's point of sale. in any AT-Europe store, with the relevant complaint officer on any day for the entire opening hours of that point of sale.
4.3. The seller will ensure the presence of a person authorized to handle complaints at the place designated for receiving complaints.
- PROCEDURE OF THE COMPLAINT PROCEDURE
5.1. When making a complaint, it is necessary to prove the following facts:
- The buyer bought the goods from AT-Europea at what price; for this purpose, the Buyer shall submit a valid proof of purchase of goods with a marked date of purchase of goods proving the purchase of the claimed goods from AT-Europe,
- the goods have a defect during the warranty period (and this is not a defect which is not covered by the warranty in accordance with Article 5.8 of these Complaints Procedure or applicable legal regulations); The Buyer shall present the defective goods at the Seller's point of sale to AT-Europ or prove the defect to a designated person - a service technician at an authorized service center,
- in the event that the goods have been provided with a longer warranty period than the general one - 24 months, the Buyer shall prove that the defect occurred during the warranty period. For this purpose, the Buyer shall submit a duly and legibly completed warranty card, which states the date of sale, the type of goods, the stamp of the Seller's point of sale and the seller's signature. In special cases, when the longer warranty period is known to the Seller, it does not have to require the Buyer to submit a warranty certificate to prove it.
In the event of non-compliance with any of the above conditions by the Buyer, the Seller is entitled not to accept the complaint.
5.2. If the Buyer is unable to submit a clear proof of purchase and this can be traced to the Seller, the complaint begins on the day when the document was traced. The buyer is obliged to provide cooperation in tracing the proof of purchase and providing information about the date of purchase, specification of goods or. other identification data.
5.3. If the exercise of liability rights for defects would cause serious problems, especially because the goods cannot be transported to the place of claim in the usual way or the goods are mounted, the Seller will assess the claim in agreement with the Buyer on site or other appropriate way. In such a case, the Buyer is obliged to provide the necessary cooperation to the Seller.
5.4. If the Buyer files a complaint, the Seller or an employee authorized by him is obliged to inform the Buyer about his rights from liability for defects according to the relevant provisions of the Civil Code. Based on the Buyer's decision, which of these rights he exercises, the Seller will determine the method of handling the complaint. Complaint handling means the termination of the complaint procedure in one of the following ways: delivery of repaired goods, exchange of goods, return of the purchase price of goods, payment of a reasonable discount on the price of goods, written request to take over the performance or reasoned rejection of the complaint.
5.5. The method of handling the complaint (based on the Buyer's decision on the applicable law for liability for defects) shall be determined by the Seller immediately, in complex cases no later than 3 working days from the date of the complaint, in justified cases, especially if a complex technical assessment of goods or services is required. within 30 days from the date of the complaint.
5.6. After determining the method of handling the complaint, the complaint will be settled immediately, in justified cases, the complaint can be settled later. Complaint handling may not take longer than 30 days from the date of the complaint. After the expiration of the period for handling the complaint, the Buyer has the right to withdraw from the contract or has the right to exchange the goods for new goods.
5.7. Predávajúci pri uplatnení reklamácie vydá Kupujúcemu potvrdenie. Ak nie je možné potvrdenie doručiť ihneď, musí sa doručiť bez zbytočného odkladu, najneskôr však spolu s dokladom o vybavení reklamácie. Predávajúci o vybavení reklamácie vydá písomný doklad najneskôr do 30 dní odo dňa uplatnenia reklamácie.
5.8. The Seller is not liable for defects in the goods that arise through the fault of the Buyer and if the defect or damage occurred in particular:
- demonstrably incorrect use contrary to the instructions for use (eg operation with incorrect supply voltage, connection to illegal power sources) or other incorrect actions of the user, or due to mechanical damage to the goods (eg fall, breakage, damage to the outer cover of the goods),
- in the case of demonstrably unauthorized interference with the goods,
- if the defect was caused by normal wear and tear,
- if the submitted warranty card, proof of purchase of goods or other document proving that the goods were purchased from the Seller shows obvious signs of changes in data or if the goods have a different serial number than the one stated in the warranty card or proof of purchase ,
- in the case of consumer goods with a specified period of use in accordance with special legal regulations, if such a complaint is lodged after the expiry of this period,
- during natural disasters.
5.9. In the event that a defect occurs during the warranty period, for which the purchased goods cannot be properly used or can be used only partially, and it is possible to eliminate this defect, the Buyer has the right to repair it free of charge.
5.10. Instead of eliminating the defect, the Buyer may request the replacement of the goods or, if the defect concerns only a part of the goods, the replacement of the part, if AT-Europe does not incur disproportionate costs due to the price of the goods or the severity of the defect. In the event of a defect that cannot be removed and which prevents the goods from being properly used as goods without defects and in cases specified by applicable law, the Buyer has the right to exchange the goods or has the right to withdraw from the purchase contract. The Buyer has the same rights even in the case of remediable defects, but the goods can not be properly used due to the recurrence of the defect after repair or due to a large number of defects on the purchased goods.
5.11. If it is an irreparable defect, which does not prevent the proper use of the goods, the Buyer is entitled to a reasonable discount on the price of the goods. If the Buyer has the right to exchange the goods or the right to withdraw from the contract (refund), it is up to the Buyer which of these rights to exercise. However, as soon as he chooses one of these rights, he can no longer change this choice unilaterally.
5.12. If the Seller does not handle the complaint within 30 days, the Buyer has the same rights as if it were an irreparable defect, i. The buyer has the right to withdraw from the contract or has the right to exchange the goods for new goods.
5.13. If the Buyer has the right to exchange the goods or withdraw from the contract, it is up to the Buyer which of the rights he will exercise with the Seller. After exercising a specific right, he cannot change his claim without the consent of the Seller.
5.14. If the Buyer has made a complaint about the goods during the first 12 months from the purchase, the Seller may handle the complaint by rejection only on the basis of professional assessment. Irrespective of the result of the professional assessment, the Seller will not require the Buyer to pay the costs of the professional assessment or other costs related to the professional assessment. The Seller shall provide the Buyer with a copy of the expert assessment justifying the rejection of the complaint no later than 14 days from the date of handling the complaint.
5.15. If the Buyer has filed a complaint about the goods after 12 months from the purchase and the Seller has rejected it, the person who handled the complaint is obliged to state in the document on the handling of the complaint to whom the consumer can send the goods for professional assessment. If the goods are sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other related purposefully incurred costs, shall be borne by the Seller, regardless of the result of the expert assessment. Warranties over 24 months are set beyond the scope of the law and the Seller reserves the right to assess the validity of the warranty.
5.16. If the Seller gives a gift to the Buyer when purchasing the goods, this does not apply to the Seller's liability for defects in the goods. In the event that the Buyer exercises the right to withdraw from the contract, he is obliged to return any goods that he received when purchasing the claimed goods as a gift.
5.17. If the defective goods are replaced with new ones, the warranty period starts from the receipt of the new goods. In the event that a part on the goods has been replaced, the warranty period applicable to this new part will begin to run from the receipt of this new part. The period from the exercise of the right of liability for defects until the time when the Buyer was obliged to take over the goods after the repair is completed does not count towards the warranty period. The rights from the liability for defects of the goods for which the warranty period applies expire if they have not been exercised during the warranty period.
5.18. The buyer is obliged to pick up the repaired claimed goods within one month from the expiration of the time when the repair should have been or was done, and if it was done later, within one month from the notification of its execution. If the Buyer does not collect the goods from the repair within six months from the day when he was obliged to pick them up, AT-Europe has the right to sell the goods, after prior written notice and vain expiration of an additional period of 14 days, if AT-Europe knows the Buyer's address . If uncollected goods are sold, AT-Europe will pay the proceeds of the sale after deducting the cost of sales and the relevant storage fee. The Buyer must exercise the right to the proceeds at the Seller's point of sale, where the complaint was lodged.
- DISPUTE RESOLUTION
6.1. If the Buyer is not satisfied with the way in which the Seller handled his complaint or if he believes that the Seller has violated his rights, he has the right to contact the Seller with a request for redress (by e-mail to email@example.com). If the Seller responds to this request in a negative manner or does not respond to it within 30 days of its dispatch, the consumer has the right to file a motion to initiate alternative dispute resolution to the ADR entity (hereinafter "ADR entity") under Act no. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Acts (hereinafter referred to as the "ADR Act").
6.2. Alternative dispute resolution only applies to a dispute between the Buyer and the Seller, arising from the purchase contract or related to the purchase contract, which they have concluded together.
6.3. You can submit a proposal to initiate an alternative dispute resolution in paper form, in electronic form or orally in the minutes, or use the form available on the website of the Ministry of Economy of the Slovak Republic and each ADR entity. The buyer can also file a complaint through the RSO Alternative Dispute Resolution platform, which is available online at:
6.4. ADR entities are ADR bodies and authorized legal entities registered in accordance with § 3 of the ADR Act. The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic:
If several ADR entities are competent for ADR, the Buyer has the right to choose which of them to submit a proposal to initiate ADR.
- FINAL PROVISIONS
7.1. This Complaints Procedure is valid and effective from 1.7.2020. The valid and effective wording of the Complaints Procedure is available to the Buyer on the Seller's website (www.at-obklad.sk) and also at each Seller's point of sale.
7.2. The seller reserves the right to change the complaint procedure, while respecting the mandatory provisions of the Consumer Protection Act, the Consumer Protection Act for distance contracts and the Civil Code. The change in the complaint procedure does not apply to the complaint of goods that were purchased during the validity of the complaint procedure on the day of purchase of the goods.