Complaint conditions

1.  Generally provisions

1.1  Pursuant to the provisions of § 18 of Act no. 250/2007 Coll. on consumer protection and amendments to certain laws as amended (hereinafter referred to as "the law"), AM kovo s.r.o. with registered office Drevárska 23 90201 Pezinok ID: 46522328 issues the following Complaints Procedure, which informs consumers about the scope, conditions and method claims of liability for defects in products and services (hereinafter referred to as "complaint"), including information on where the claim can be made and on the performance of warranty repairs. If the word "seller" appears in the rest of this complaint procedure, it means AM kovo s.r.o. with registered office at Drevárska 23 90201 Pezinok, and if it appears in the text designation

"buyer" means a consumer as defined in the Consumer Protection Act who has purchased certain goods from the seller.

1.2  This complaint procedure is published on the seller's website www.vypalimti.sk or www.amkovo.sk

1.3  By concluding a sales contract between the seller and the buyer or by concluding a work contract between the seller and the buyer, the consumer agrees to the conditions stated in this Complaint order.

1.4  This Complaints Policy regulates the buyer's rights in such a way that their rights guaranteed by the mandatory provisions of the legislation are not affected, in particular the provisions of the Consumer Protection Act (Act No. 250/2007 Coll.), the Civil Code (Act No. 40/1964 Coll. as amended later regulations) as well as the Act on Consumer Protection when selling goods or providing services based on a contract concluded at a distance or a contract concluded outside the seller's premises (Act No. 102/2014 Coll.) and others. After the expiration of the warranty period regulated by legal regulations, the conditions of this complaint procedure apply, unless the law or other legal regulation provides otherwise.

1.5  This complaint procedure applies to the sale of products and the provision of services by the seller for buyers - customers who meet the definition of a consumer in the sense of applicable legal regulations.

1.6  This complaint procedure replaces the seller's statement in accordance with § 620 par. 3 of the Civil Code, by which the seller determines the terms and scope of the warranty, if the warranty period indicated in the warranty certificate is longer than the warranty period guaranteed by law period.

1.7  The terms of the guarantee specified by the seller in the guarantee letter take precedence even over the provisions of this Complaint order.

2.  Responsibility for defects

2.1  The seller is responsible for defects that the sold item has when the buyer takes it over (§ 619 of the Civil Code). The deadline for exercising the right from liability for defects of the item upon acceptance by the buyer (warranty period) is 24 months (§ 620 of the Civil Code for end consumers, for commercial

companies and entrepreneurs are governed by the quality guarantee according to § 429 et seq. Act No. 513/1991 Coll. as amended, for a period of 6 or 12 months).

2.2  The buyer is entitled to inspect the sold item before taking it over. The seller is not responsible for defects that the buyer may have discovered during the inspection, especially if the buyer later complains about missing accessories of the item being sold or mechanical damage to the item detectable during the inspection. The seller is not responsible for such defects even if the buyer did not use the opportunity to inspect the sold item things.

2.3  In the case of used items, the seller is not responsible for defects caused by their use or wear. In the case of items sold at a lower price, he is not responsible for a defect for which a lower price was negotiated the price.

2.4  The warranty period starts from the date of receipt of the goods by the buyer. The time from the exercise of the right from liability for defects to the time when the buyer took over the item after the repair was completed is not included in the warranty period. If the goods are exchanged, the warranty period starts again from the receipt of the new goods (§ 627 of the Civil Code of the Code).

2.5  If they are not perishable items or used items, the seller is responsible for defects that occur after receiving the item during the warranty period (warranty). The duration of the warranty period is governed by the provisions of legal regulations, especially the provisions of the Civil Code, unless the seller indicates a longer duration of the warranty period in the document confirming the acceptance of the item. An invoice or a delivery note can also fulfill the function of a warranty certificate, as long as the seller indicates the duration of the warranty on them. times.

2.6  If the time limit for the use of the thing is marked on the sold item, its packaging or the instructions attached to it and this expires later than the period indicated by the seller in the warranty certificate, the seller's indication of the warranty period takes precedence. However, the warranty period specified by the seller must not be shorter than the legally guaranteed warranty period period.

3.  Exclusion responsibilities

3.1  The warranty applies to malfunctions of the item caused by a manufacturing defect. The warranty does not cover defects caused by:

a)  natural wear and tear things

b)  non-compliance with the principles of use (improper operation and maintenance contrary to the instructions for service)

c)  by mechanical damage to the product, including accidental, in particular damage

plastic or metal parts (fall, foreign object, etc.)

d)  by unprofessional electrical intervention, overvoltage in the network, or by the action of electrostatics discharge

e)  by operating the product outside of the data specifications the manufacturer

(overclocking, etc.)

f)  natural ones elements

g)  by operating in an unsuitable environment and damaged by unsuitable service

3.2  The warranty is also not covered on the:

a)  goods with an incomplete, damaged or removed production number or other identification a sign

b)  products with damaged warranty seals, stickers or other protective ones characters

c)  for consumable parts consumed before the end guarantees

d)  goods for which the warranty expired on the day of acceptance for repair period.

e)  malfunctions caused by the use of components other than those recommended by the manufacturer or supplier, as well as repair or modification by persons other than persons authorized by the manufacturer, or supplier.

f)  damage caused by the use of non-original consumables material

g)  defects caused by accidental or intentional penetration of liquid, insects or foreign objects into the intestines of the product

h)  damage caused by professional or commercial use of products intended for the home the need

i)  a product that bears signs of attempted violence opening

4.  The seller is obliged to handle the complaint and end the complaint procedure by one of the following ways

a)  by submitting the corrected one goods,

b)  by exchange goods,

c)  by returning the purchase price goods,

d)  by paying a reasonable price discount goods,

e)  justified rejection of the claim goods.

5.  Claiming responsibility for defects (complaint) - place, deadlines a

way

5.1  Rights from liability for defects are exercised in the seller's service center, in the store where the item in question was purchased or in any other store of the seller. Addresses and phone numbers will find

the buyer in the warranty card or learns about them on the website www.vypalimti.sk , www.amkovo.sk or can be informed by phone number +421 905 985 537 as well as by e-mail at kovovyroba@amkovo.sk

5.2  Rights from responsibility for product defects, such as the right to exchange goods, the right to withdraw from the purchase contract and the right to an adequate discount, are exercised by the buyer exclusively at the service center or at the seller's premises.

5.3  A warranty certificate (if issued) and proof of payment of the purchase price must be attached to the claim. Without these documents, the matter will not be accepted for complaint. The person making claims from defects, together with an employee of the seller or a service center employee, fills out a complaint protocol in which he accurately describes the defect and the way in which the defect manifests itself and hands over the defective item to the seller or to the warranty service. In the complaint protocol, the person making the complaint indicates the way in which he wishes to be informed about the processing (termination) of the complaint (contact postal address, e-mail, telephone number). The seller is not responsible for the fact that, in the manner of notification by the person asserting the right to claim, the given notification she didn't take over.

5.4  If it is a defect that can be removed and if the processing of his complaint does not require special expertise and research or to request a professional assessment, the buyer has the right to have the person authorized to process it or the warranty service decide on the method of its processing without unnecessary delay, in complex cases within three working days. In justified cases, especially if a complex technical evaluation of the condition of the product is required, no later than 30 days from the date of application of the claim (the deadline for end customers for business companies is set in the range of 30 to 60 days). After the expiration of this period, the buyer has the right to withdraw from the contract or has the right to exchange the product for a new one the product.

5.5  The seller can reject a claim filed within the first 12 months from the purchase only based on a professional assessment; regardless of the result of the expert assessment, it cannot require the buyer to pay the costs of the expert assessment or other costs related to the expert assessment. If the seller rejects the product claim applied after 12 months from the purchase, he is obliged to indicate in the claim provision document to whom the buyer can send the product for expert assessment.

5.6  The seller is obliged to issue a written document about the claim settlement no later than 30 days from the date of the claim (§ 18, paragraph 6 of the Act) and deliver it to the buyer. This written document is a complaint protocol with a filled-in complaint processing box, a letter containing a written notification about the processing of the claim, an e-mail or SMS message containing information about the processing complaints.

5.7  If it is a defect that can be removed, the buyer has the right to have it removed free of charge, on time and properly. The seller is obliged to repair the defect without undue delay, but no later than within 30 days from taking over

remove complaints (the deadline for end customers for business companies is set in the range of 30 to 60 days).

5.8  Instead of removing the defect, the seller can replace the defective item with a flawless one.

5.9  If, after receiving the complaint, the buyer subsequently discovers that the item has a defect that cannot be removed and that prevents the item from being properly used as a defect-free item, the buyer has the right to exchange the item or has the right to withdraw from the contract resign.

5.10  The same rights as stated in point 5.9 belong to the buyer if it is a defect that can be removed, but the buyer cannot properly repair the item due to the recurrence of the same defect even after the third repair enjoy.

5.11  The same rights as stated in point 5.9 belong to the buyer in the event that the item has at least three different removable defects at the same time, each of which prevents the proper use.

5.12  If the seller does not decide on the complaint within the statutory period of 30 days in the sense point

5.1, is obliged to allow the buyer to withdraw from the contract or to allow him to exchange the product for a new product, depending on the buyer's decision (the term applies to end customers for business companies is set within 60 days).

5.13  If it is an irreparable defect, but which does not prevent the proper use of the goods, the buyer has the right to a reasonable discount from prices.

5.14  If the buyer has the right to exchange goods or the right to withdraw from the contract (refund), it depends on the buyer which of these rights he exercises. However, as soon as he chooses one of these rights, he cannot unilaterally change this choice. When returning the purchase price of a higher value, a credit note will be issued to the buyer and the purchase price will be paid to the buyer's account within 14 days.

5.15  After the expiration of the warranty period guaranteed by law, but during the duration of the warranty period indicated by the seller in the warranty certificate, all the provisions on the method of processing complaints listed in points 5.7 to

5.12 with the difference that the right to choose the method of handling the complaint is transferred to the seller and the deadline for handling the complaint is extended to 60 days. Due to the rapid technological development in the field of products sold by the seller, in the case of an exchange, the seller can exchange the defective item for the buyer with another faultless item (albeit of a different brand) that meets at least the same performance parameters as the claimed item.

5.16  In the event that the buyer pursuant to Art. 5.4 or 5.9 of this complaint procedure or withdraws from the purchase contract in accordance with another legal reason, the purchase contract is terminated according to § 48 of the Civil Code. In this case, the contracting parties are obliged to return the contractual performance, and in particular the buyer is obliged to return the purchased goods in the condition in which they were purchased and the seller is obliged to return the paid purchase price within 14 days from the date of delivery of the returned goods. At the same time, after receiving the goods, the seller is obliged to inspect them, while he is entitled, in the event of the return of the goods with a reduced value, to offset against his obligation to return the purchase price to the buyer, his claim derived from the seller's costs for repairing the goods and returning them to their original condition status.

5.17  The date of receipt of the claim begins on the day of acceptance into the service system of AM kovo s.r.o. and from the physical receipt of the claimed goods (in the case of personal delivery as well as delivery by courier). The exact date of receipt (beginning of the claim period) will be indicated on the service letter (RMA form), which will be sent to the buyer electronically or by post according to the buyer's requirements. From this date, the 30-day period for resolving the complaint begins (the period applies to end customers for business companies is set in the range of up to 60 days).

Alternative dispute resolution

5.19  The consumer has the right to contact the seller with a request for correction if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights.

5.20  The consumer has the right to submit a proposal for the initiation of an alternative dispute resolution (hereafter referred to as "ARS") to the ARS subject, if the seller responded negatively to the consumer's request or did not respond to it within 30 days from the date of its delivery. sending.

5.21  The proposal is submitted by the consumer to the relevant ARS entity, the possibility of going to court is not affected by this. The subject of the ARS for disputes with the e-shop seller is the Slovak Trade Inspection or any other ARS body entered in the list of the Ministry. The list of ARS bodies is available at: https:/ /www.mhsr.sk/o b chod/ochrana-spotrebitela/alternativne-riesenie- soprebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia- soprebitelskych-sporov-1

5.22  The proposal must contain the requirements according to § 12 par. 4 of Act no. 391/2015 Coll. on alternative solutions for consumer disputes disputes.

5.23  The proposal can be submitted by the consumer in paper form, in electronic form or orally in the minutes. To submit a proposal, the consumer can use the form, the model of which is given in Annex no. 1 and which is also available on the website of the Ministry and each alternative solution entity disputes.

5.24  The ARS entity may reject the proposal if the proposal was submitted after one year has passed from the date of delivery of the seller's negative response to the consumer's request for correction or the 30-day period has expired in vain from the day the consumer sent the seller a request for correction to which the seller did not respond. It can also refuse if the consumer did not demonstrably try to resolve the dispute by communicating with the seller before submitting the proposal or if the value of the dispute does not exceed the amount of 20 euros. The ARS entity can reject the proposal even if the proposal concerns a matter that it has previously dealt with and the consumer has been informed about the details of its submission, while the proposal does not contain any new facts and the ARS would be clearly ineffective in view of all the circumstances. If it is clear that the ARS could be conducted only with the development of disproportionate effort, the ARS entity may reject such a proposal. In the event that the ARS entity rejects the consumer's proposal, in that case it will notify the consumer without delay, including the justification for the rejection proposal.

5.25  ARS begins on the date of delivery of the complete proposal according to § 12 of the entity ARS.

5.26  The parties to the dispute are obliged to provide the necessary cooperation of the ARS entity to achieve a quick and efficient course of alternative dispute resolution.

5.27  The costs associated with an alternative resolution of the dispute shall be borne by each of the parties to the dispute separately without the possibility of them compensation.

6.  Taking over the claimed things

6.1  If the buyer, in accordance with the provisions of the Complaints Procedure and the provisions of the relevant applicable legal regulations, is obliged to take over the claimed item from the seller or the seller invites him to take over the claimed item in accordance with the provisions of the Complaints Procedure or the applicable legal regulations, the buyer is obliged without undue delay, but no later than within the specified period in point 6.2 of this article, to take over the item from the seller at the relevant sales or service location or at another location, as this follows from the provisions of the Complaints Procedure or relevant applicable legal regulations or from the seller's request.

6.2  If the buyer does not take over the claimed item in accordance with the provisions of point 6.1 of this article even within 30 days from the day when the obligation to take over the claimed item arose or from the date of delivery of the seller's invitation to take over the item, the seller is entitled to charge a storage fee (§ 656 par. 1 of the Civil Code) in the amount of €1 per day.

6.3. In the event that the buyer does not take over the claimed item within 6 months from the date on which the obligation to take over the claimed item arose or from the date of delivery of the seller's invitation to take over the item, the seller has the right to sell the item (§ 656, paragraph 2 of the Civil Code). If the seller knows the buyer's address, he is obliged to inform him in advance about the intended sale. If the unclaimed item is sold, it will pay the seller

to the buyer the proceeds from the sale of the item after deducting storage costs and other receivables from the buyer.

7.  Return of goods when ordered and delivered through the online store at www.vzduchotechnika-akava.sk, withdrawal from the contract when selling goods at a distance in accordance with Act no. 102/2014 Zz

7.1  If the seller timely and properly provided the buyer with information about the right to withdraw from the contract according to § 3 par. 1 letter h), the buyer is entitled to withdraw from the contract concluded at a distance or from the contract concluded outside the seller's premises within 14 days from the date of receipt of the goods, even without giving a reason. Within this period, the buyer has the right to unpack and test the goods in a similar way as is usual when buying in a classic "brick and mortar" store, to the extent necessary to determine the nature, characteristics and functioning of the goods. The buyer is only responsible for the reduction in the value of the goods, which occurred as a result of such handling of the goods, which is beyond the scope of the handling necessary to determine the properties and functionality of the goods. The buyer is not responsible for a decrease in the value of the goods if the seller has not fulfilled the information obligation about the buyer's right to withdraw from the contract according to § 3 par. 1 letter h) Act 102/2014 Coll. If the seller provided the buyer with information according to § 3 par. 1 letter h) only subsequently, but no later than within 12 months from the start of the period for withdrawal from the contract, i.e. from the day of taking over the goods, the period for withdrawal from the contract expires after 14 days from the day when the seller additionally fulfilled the information obligation. If the seller did not provide the buyer with information according to § 3 par. 1 letter h) not even in the additional period, the period for withdrawing from the contract expires after 12 months and 14 days from the date of commencement of the period for withdrawing from the contract, i.e. from the day of receipt of the goods. The provisions in this part expressly do not apply to legal entities and to natural persons-entrepreneurs as well as natural persons-non-entrepreneurs who do not meet the legal definition.

7.2  The consumer can exercise the right to withdraw from the contract with the seller in written form or in the form of an entry on another durable medium by registered mail sent to the address of the seller's registered office listed in the header of these complaint conditions, by e-mail at the address info@vzduchotechnika-akava.sk or by other in a way that leaves no doubt that the contract has been withdrawn; if the contract was concluded verbally, any clearly worded declaration by the consumer expressing his will to withdraw from the contract (hereinafter referred to as "notice of withdrawal from the contract") is sufficient to exercise the consumer's right to withdraw from the contract. The consumer can use the form for withdrawing from the contract according to Annex no. 3, which he handed over to him the seller.

7.3  Due to the fact that in the event of withdrawal from the contract, the contract is canceled from the beginning, the contracting parties will return or replace all mutually accepted performance. Therefore, please send the goods as soon as possible back:

-  unused

-  undamaged

-  complete (including package leaflet, instructions for use and Come.)

-  together with a document of purchases

-  preferably in the original packaging

We recommend that you insure the goods. We do not accept cash on delivery shipments. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, to return to the buyer all payments received from him on the basis of the contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees . The seller is obliged to return the above-mentioned payments to the buyer in the same way that the buyer used for his payment, unless they agree with the buyer on another method of refunding the payment and if no additional fees are charged to the buyer in connection with this. In case of withdrawal from the contract, the subject of which is the sale of goods, the seller is not obliged to return the aforementioned payments to the buyer before the goods are delivered to him or until the buyer proves that the goods have been sent back to the seller.

The buyer is obliged to send the goods back or hand them over to the seller or a person authorized by the seller to take over the goods no later than 14 days from the date of withdrawal from the contract. The deadline according to the first sentence is considered to have been observed if the goods were handed over for transport no later than the last day of the deadline. In case of withdrawal from the contract, the buyer bears only the costs of returning the goods to the seller or the person authorized by the seller to take over the goods. This does not apply if the seller has agreed to bear them himself, or if he has not fulfilled the obligation according to § 3 par. 1 letter i) Act no.

102/2014 Coll

7.4  In the event that the buyer withdraws from the contract and delivers to the seller goods with reduced value that are used, damaged or incomplete, the buyer will reimburse the seller for the costs incurred in connection with the repair of the goods and their restoration to their original condition. The buyer is responsible for the reduction in the value of the goods, which occurred as a result of such handling of the goods, which is beyond the scope of the handling necessary to determine the properties and functionality of the goods. The buyer is not responsible for a decrease in the value of the goods if the seller has not fulfilled the information obligation about the buyer's right to withdraw from the contract according to § 3 par. 1 letter h) Act no. 102/2004 Zz

7.5  In accordance with § 7 par. 6 of the aforementioned law, the buyer cannot withdraw from the contract, the subject of which is a:

-  the provision of a service, if its provision began with the express consent of the buyer and the buyer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract after the full provision of the service, and if the full provision took place services,

-  the sale of goods or the provision of a service, the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the withdrawal period contracts,

-  sale of goods made according to the special requirements of the buyer, goods made to measure or goods intended specifically for one buyer,

-  sale of goods that are subject to rapid deterioration in quality or ruin