I. General provisions
1.1. This complaint procedure is issued in accordance with Act no. 40/1964 Coll. The 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 provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller, as amended, and Act no. 22/2004 Coll. on electronic commerce as amended. And it regulates the legal relationship between the seller, which is:
1.2. The seller is the company
Business name: SearchingSK, s. r. about.
Registered seat: Werferova 6, Košice 040 01, Slovakia
The company was registered on 23.05.2020 in the Commercial Register kept by the District Court of Košice I., Section Sro, File 48957 / V.
VAT number: SK2121252705
The seller is a VAT payer (Value Added Tax)
IBAN: SK16 0200 0000 0043 1308 8654
SWIF (BIC): SUBASKBX
General Credit Bank, a. with.
(hereinafter also “Seller”) and any person who is a buyer of goods or services offered by the Seller in the Seller's Online Store and who acts as a consumer in accordance with other provisions of these General Terms and Conditions and applicable laws defining the consumer, in accordance with applicable Slovak legislation. Republic, in particular laws, Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and Act no. 250/2007 Coll. on consumer protection as amended.
1.2.1. The contact and address of the seller is:
SearchingSK, p. r. o., Werferova 6, Kosice 040 01, Slovakia
E-mail address: email@example.com
Telephone number: +421 915 711 172
1.3. These Complaints Rules regulate the rights and obligations of the buyer, who is a consumer in the exercise of rights from defects of things (goods) or services in accordance with the concluded distance contract with the seller through the electronic shop of the seller www.seedscentrum.com
1.4. The Buyer is any person (natural or legal) who has filled in and sent the order via the Seller's Website and received an email notification of receipt of the order and paid the purchase price. The buyer is also any person who placed the order by phone or by sending an email.
1.6. The consumer is the Buyer, who is a natural person and who does not act within the scope of his business activities when concluding a purchase contract in accordance with these Complaints Rules and in accordance with the General Terms and Conditions published on the seller's website.
1.7. This complaint procedure regulates the legal relations between buyers, who are consumers and sellers.
1.8. Legal relations arising from the exercise of rights from liability for defects between the seller and the buyer, which is a legal entity or natural person entrepreneur who acts in the course of his business (persons who are not in the position of a consumer) are governed by Act no. 513/1991 Coll. Commercial Code as amended.
1.9. Products are goods or services that are intended for sale and are also published in the seller's online store.
1.10. The concept of a thing is in cases where the nature of the thing within the meaning of these Complaints Rules allows it to be identical with the concept of goods or services.
2.1. Relationships arising from the seller's liability for defects in goods or services (as well as other legal relationships that may result from the contractual relationship) with natural persons who do not act within the scope of their business (consumers) when concluding the purchase contract, are subject to general provisions. Act No. 40/1964 Coll. Civil Code as amended, as well as special regulations, especially Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and Act no. 250/2007 Coll. on consumer protection.
2.2. Legal relations arising from the exercise of rights from liability for defects between the seller and the buyer, which is a legal entity or natural person entrepreneur who acts in the course of his business (persons who are not in the position of a consumer) are governed by Act no. 513/1991 Coll. Commercial Code as amended.
III. Seller's liability for defects in products (goods and services)
3.1. The seller is obliged to deliver the thing (goods) or service in accordance with the concluded purchase contract, i.e. in the required quality, quantity and without defects (factual, legal).
3.2. The seller is responsible for defects in the thing sold or the service when taken over by the buyer. If the items are not used, the seller is responsible for defects that occur after taking over the item during the warranty period (warranty). We recommend the buyer to claim the defects of goods or services from the seller without undue delay. For 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, it is not liable for the defect for which the lower price was agreed.
3.3. The buyer is entitled to inspect the item or service sold before taking over.
IV. Warranty period
4.1. The warranty period is 24 months. The warranty period for the used item is 12 months. Warranty periods begin to run from the receipt of the item or service by the buyer.
4.2. If the items are not perishable or used, the seller is responsible for defects that occur after taking over the item during the warranty period (warranty). The warranty period is 24 months. If the period of use is marked on the item sold, its packaging or the instructions attached to it, the warranty period does not end before the expiration of this period.
4.3. In the case of second-hand goods, buyers and sellers may agree on a shorter warranty period, but not less than 12 months.
4.4. In the case of items intended to be used for a longer period, special regulations provide for a warranty period of more than 24 months. A warranty period exceeding 24 months may apply to only some part of the item.
4.5. At the request of the buyer, the seller is obliged to provide a guarantee in writing (warranty card). If the nature of the matter allows it, it is sufficient to issue a proof of purchase instead of a guarantee certificate.
4.6. By stating in the warranty card issued to the buyer or in the advertisement, the seller may provide a guarantee exceeding the scope of the guarantee stipulated in this Act. The seller shall specify the conditions and scope of this warranty in the warranty card.
4.7. Warranty periods begin to run from the receipt of the item by the buyer. If the purchased item is to be put into operation by an entrepreneur other than the seller, the warranty period begins from the date of putting the item into operation, if the buyer ordered the commissioning no later than three weeks after taking over the item and properly and timely provided the necessary cooperation.
4.7.1. If the subject of purchase is consumables or if this material is part of the purchased goods, the service life will be used instead of the quality guarantee. The service life can be stated in time, at the time of the goods or by the number of uses, or in the number of printed tents or otherwise similarly specified. More than one of these lifetimes may be indicated on the goods. In order to successfully file a complaint, it is necessary to comply with all the above conditions.
4.7.2. In connection with point 4.7.1. the right of the buyer to claim the goods within the statutory warranty period is not affected. However, the buyer must take the above into account, as the warranty does not cover wear and tear caused by normal use of the item and cannot be confused with the life of the product. The service life of the goods represents the susceptibility to wear caused by normal use. If you use (do not own) the goods for longer than the normal service life, it is probable that the defect is the result of normal wear and tear, but it is not excluded that it is actually a warranty defect.
4.8. If the buyer is not a consumer, the procedure is in accordance with the provisions of the Commercial Code and the warranty period is 1 year. The warranty period begins to run in accordance with the provisions of Art. IV, point 4.1 of these Complaints Procedure.
4.9. If it is exchanged for a new item, the warranty period begins to run again from the receipt of the new item.
4.10. If a part of a new thing is exchanged where the nature of the thing allows it. The warranty period for this part will start to run again from the receipt of the new item.
4.11. The rights from the liability for defects of the thing, for which the warranty period applies, expire if they were not exercised during the warranty period.
4.12. The warranty period is extended by the time for which the goods were in the complaint. The rights from the liability for defects of the goods, for which the warranty period applies, expire if they were not exercised during the warranty period.
4.13. If the buyer is a consumer, within the statutory warranty period, complaints are governed by Act No. 40/1964 Coll., The Civil Code and Act No. 250/2007 Coll., On consumer protection, both laws in the valid and effective wording, taking into account the clarifications in these Complaints Rules.
4.14. If the item is replaced, the warranty period begins to run again from the receipt of the new item. The same applies if the part for which the warranty has been provided is replaced.
V. Procedure for exercising rights from liability for defects (Complaints)
5.1. The buyer is entitled to exercise the rights from liability for defects of things, goods or services at the address: SearchingSK, s. r. o., Werferova 6, Kosice 040 01, Slovakia
The buyer can always exercise the right to file a complaint in person at any establishment of the company in which the acceptance of the complaint is possible due to the nature of the matter, or at the registered office of the company, or through third parties, e.g. transport companies, mail order companies, Slovenská pošta a.i. We recommend the buyer to use this complaint form to file a complaint: https://seedscentrum.com/img/cms/dokumenty/reklamacny-protokol.pdf
In the event of a complaint, the seller recommends that the buyer provide proof of a warranty card or other proof of payment of the purchase price. The buyer is advised to describe the defect and state how the defect manifests itself when applying the claimed thing or service.
5.1.1. In the event that the Buyer complains about the goods or services other than in person, the Seller recommends that the Buyer send the goods together with a detailed description of the defect, and a document proving the purchase of goods in our store (for example, proof of payment, invoice, warranty card), due to speed up the complaint process.
5.1.2. In case of a complaint, we recommend sending the goods by registered mail. The seller recommends not sending the goods in the form of cash on delivery, which will not be taken over from us.
5.1.3. The seller is obliged to issue a confirmation to the consumer when making a complaint. If the complaint is made by means of long-distance communication, the seller is obliged to deliver the confirmation of the complaint to the consumer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the proof of the complaint; a confirmation of the claim need not be delivered if the consumer has the opportunity to prove the claim in another way.
5.1.4. The seller is obliged to issue a written document on the handling of the complaint no later than 30 days from the date of the complaint.
5.2. The handling of the complaint does not affect the consumer's right to compensation under a special regulation.
5.3. The seller is obliged to determine the method of handling the complaint immediately, in complex cases within 3 days from the date of the complaint. In justified cases, especially if a complex technical evaluation of the goods is required no later than 30 days from the date of the complaint. After determining the method of handling the complaint, the seller will handle the complaint immediately; in justified cases, the complaint can be resolved later. However, the handling of the complaint may not be longer than 30 days from the date of the complaint. After the expiration of the 30-day period for handling the complaint, the buyer has the right to withdraw from the purchase contract and will be refunded the full amount for the goods or has the right to exchange the goods for new ones.
5.4. If the consumer has lodged a product complaint within the first 12 months of purchase, the seller may settle the complaint by rejecting it only on the basis of professional judgment; Irrespective of the outcome of the peer review, the consumer may not be required to pay the costs of the peer review or other costs related to the peer review. The seller is obliged to provide the consumer 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.
5.5. If the consumer has filed a complaint about the product 12 months after 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 product for professional assessment. If the product is sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other related expediently incurred costs, shall be borne by the seller, regardless of the result of the expert assessment. If the consumer proves by professional assessment the responsibility of the seller for the defect, he can file a complaint again; the warranty period does not run during the professional assessment. The seller is obliged to reimburse the consumer within 14 days from the date of re-application of the complaint all costs incurred for professional assessment, as well as all related purposefully incurred costs. A re-submitted claim cannot be rejected.
5.6. The consumer is entitled to reimbursement of the necessary costs (especially postage, which he paid when sending the claimed goods), which he incurred in connection with the exercise of legitimate rights from liability for defects of goods and services. In the event of withdrawal from the contract due to an error in the thing or service, the consumer is also entitled to reimbursement of the costs of such withdrawal.
5.7. Requirements for the expert assessment within the meaning of point 5.4 of this Article:
The expert assessment must include:
a) identification of the person performing the expert assessment,
b) the exact identification of the product under consideration,
c) description of the condition of the product,
d) the result of the assessment,
e) the date of the expert assessment.
5.8. The Seller is obliged to inform the Consumer about the handling of the complaint and about the method of its handling, in a suitable and verifiable form, no later than within 30 days from the date of the complaint. The seller is obliged to issue a written document on the handling of the complaint no later than 30 days from the date of the complaint.
5.9. The completion of the complaint procedure (complaint) is considered to be its equipment. Complaint handling means the termination of the complaint procedure by handing over the repaired product to the person who filed the complaint, product replacement, return of the product purchase price, payment of a reasonable discount on the product price, written request to take over the performance or rejection of the complaint in accordance with legal conditions.
6. If the nature of the product allows it, the consumer shall hand over the product to the seller (designated person) when making a complaint. If the nature of the product does not allow the product to be delivered to the seller (designated person), the consumer may request the elimination of the defect at the place where the product is located or agree on the method of transporting the product with the seller (designated person).
7. The period from the exercise of the right of liability for defects until the time when the buyer was obliged to take over the item after the repair is completed does not count towards the warranty period. The seller is obliged to issue a confirmation to the buyer about when he exercised the right, as well as about the repair and its duration.
VI. Buyer's rights in exercising the rights from liability for defects
6.1. In the case of a defect that can be rectified, the buyer has the right to have it rectified free of charge, in good time and properly. The seller is obliged to eliminate the defect without undue delay.
6.2. Instead of eliminating the defect, the buyer may request an exchange of the item, or if the defect concerns only a part of the item, a replacement of the part, if the seller does not incur disproportionate costs due to the price of the goods or the severity of the defect.
6.3. Instead of eliminating the defect, the seller can always replace the defective item with a perfect one, if this does not cause serious difficulties for the buyer.
6.4. In the case of a defect which cannot be remedied and which prevents the thing from being properly used as a thing without defects, the buyer has the right to exchange the thing or has the right to withdraw from the contract. The same rights belong to the buyer in the case of remediable defects, but if the buyer can not properly use the thing due to the recurrence of the defect after repair or for a larger number of defects.
6.5. In the case of other irreparable defects, the buyer is entitled to a reasonable discount on the price of the item.
VII. Final provisions
7.1. The Seller reserves the right to change these Complaints Rules. The obligation to notify the change of the Complaints Procedure in writing is fulfilled by placing it in the Seller's Internet shop.
7.2. This Complaints Procedure forms an integral part of the General Terms and Conditions and the Principles and Instructions on the Protection of Personal Data of this online store. The documents - General Terms and Conditions and the Principles and instructions on personal data protection of this online store are published on the domain of the Seller's online store.
7.3. In the event of a change in the Complaints Procedure, the relationship between the Buyer and the Seller shall be governed by the Complaints Procedure valid and effective upon the conclusion of the Purchase and Sales Agreement, up to the moment of its termination.
7.4. This complaint procedure is valid and effective at the time of its publication in the online store selling on 01.07.2020.
Attachments - documents to download
Complaint form (PDF)