I. General Provisions
- The Complaint Procedure Rules form an integral part of the General Business Terms and Conditions (“GBTC”) of the Kirundo k.s. company, Prešovská 39/A, 821 08 Bratislava, company ID no. 52145123, registered in the Commercial Register kept by the Bratislava I District Court, section: Sr, file no.: 1850/B, (hereinafter referred to as the “Seller”).
- The Buyer acknowledges that they are obliged to provide the Seller with the cooperation necessary to settle a complaint, failing which the deadlines will be adequately extended by the time during which the Buyer has failed to provide the required cooperation.
- By entering into a purchase contract, the Buyer accepts these Complaint Procedure Rules. The definitions of terms contained in these Complaint Procedure Rules take precedence over the definitions in the GBTC. Where these Complaint Procedure Rules do not provide any definition of a term, the term shall be understood as it is defined in the GBTC. If a term is defined neither in these Rules nor in the GBTC, it shall be understood as it is defined by valid and effective legal regulations.
- Acceptance of goods at the premises of an entrepreneur means the moment of handover of goods to the Buyer or to the first carrier. . If the Buyer is a consumer, acceptance of goods takes place at the moment of receipt of goods by the consumer from the Seller or the carrier.
II. Warranty period
- As the warranty proof, the Seller issues a purchase document (invoice) for each item of purchased goods with all the statutory data necessary to enforce the warranty (it particularly means commodity name, price, and quantity).
- At the Buyer´s express request, the Seller will provide the warranty in writing (a warranty card). Regularly, where the nature of the case allows it, the Seller issues a document confirming purchase of the item concerned for the Buyer, which contains the above specified data.
Time limit for exercising rights arising from defective performance
- The warranty period shall commence on the date when the Buyer accepts the goods concerned.
- The warranty period is:
- in the case of food items, faults must be reported within the period stated on the packaging (expiry date/minimum shelf life)
- for non-food goods – 24 months
- for used goods – 12 months (goods marked as used)
- Where the Buyer is a consumer, the statutory warranty period applies and complaints are governed by Act No 40/1964 of the Civil Code and Act No 250/2007 on consumer protection, both laws as amended, taking into account the details contained in these Complaint Procedure Rules.
- The Buyer – entrepreneur is subject to the general provisions governing liability for defects according to the Civil Code or the provisions governing liability for defects and quality assurance under the Commercial Code.
III. Warranty Terms
Inspection of goods upon receipt:
- The Buyer who is not a consumer is obliged, and the Buyer – consumer is advised, to check the condition of the shipment (number of packages, integrity of the shipment, damage to the shipment) together with the carrier immediately upon delivery according to the enclosed consignment note.
If the Buyer accepts such a damaged shipment from the carrier, it is necessary to describe the damage in the carrier’s delivery report and to draw up a damage report with the carrier and send it without undue delay, by e-mail or post to the Seller.
Upon receipt of a shipment, the Buyer shall report without undue delay obvious defects (as concerns quantity and assortment, impairment of goods) via e-mail to the address: [email protected]. Any additional later complaint concerning obvious defects – incompleteness or damage to the shipment – may be acknowledged only where the Buyer demonstrates that the goods subject to the complaint featured the defects complained about already at the time of goods receipt.
Filing a complaint:
- Complaints are to be filed at the premises of Kirundo k.s., Prešovská 39/A, 821 08 Bratislava, Slovak Republic, or sent via e-mail sent to the address [email protected]The Buyer may send the defective goods subject to a complaint via a carrier service to the address of the Seller´s premises. The goods subject to a complaint should be thoroughly secured to prevent any damage during transport, the package should be visibly marked “COMPLAINT” and contain the goods concerned (including complete accessories); we recommend enclosing a copy of the purchase document, a detailed description of the defect, and sufficient contact information of the Buyer (in particular, the return address and phone number). The origin of and defects in the goods cannot be identified without the above specified details. This procedure is also recommended for buyers – consumers unless they prove and substantiate relevant facts otherwise. We also recommend choosing the required method of complaint settlement (exchange, credit note).
- The Seller will issue a written confirmation of the complaint filing for the Buyer and send it via e-mail immediately after receiving the complaint. The Buyer who is not a consumer is to demonstrate the validity of the warranty by submitting a proof of purchase and where the goods have already been subject to a complaint before, they shall attach also the complaint confirmation. The delivery document (purchase or complaint document) must have the same serial number as on the product (where the product has a serial number) subject to the complaint. This procedure is also recommended for buyers – consumers unless they prove and substantiate relevant facts otherwise.
- The Buyer is aware of the fact that in case of their withdrawal from the contract, the Buyer will be refunded the purchase price reduced by the price of undelivered accessories if they fail to deliver the goods subject to a complaint along with all supplied accessories.
- Payment is possible only in EUR. The Seller sends the tax document to the Buyer together with the goods. The Seller is a VAT payer.
- The warranty does not cover the defects and damage caused by:
- a failure to follow the instructions concerning storage and maintenance,
- mechanical damage to goods, packaging,
- improper storage or use of the goods under conditions that do not correspond, as concerns temperature, dust, humidity, chemical and mechanical influences of the environment, to those directly determined by the Seller or Manufacturer,
- natural elements or force majeure,
- the Buyer themselves or by a third party,
- where the Buyer knew about the defect before accepting the goods or was explicitly notified of the defect and where a discount was provided for the defect from the purchase price of the goods,
- where the goods are complained about after the expiration of the warranty period or other period within which the goods are to retain their specific properties,
- where defects occur after expiry of the life of goods.
V. Complaint settlement procedure:
- Within the statutory warranty covering rectifiable defects, the consumer has the right to have such a defect rectified at no charge, properly, and in a timely manner and the right to replacement of defective goods or defective parts unless this is disproportionate to the nature of the defect. If such a procedure is not possible, they are entitled to a reasonable discount on the purchase price or withdrawal from the purchase contract,
- The Seller will settle the complaint, including defect rectification, without undue delay but no later than within 30 days from the date of the complaint. After the expiry of the above period of time, it will be believed that the defect in the item exists and the consumer shall have the same rights as in the case of a defect that cannot be rectified. This period is not binding on the Buyer – entrepreneur and their relationship with the Seller is governed by the Commercial Code.
- If the consumer has filed a complaint within the first 12 months from the purchase, the Seller may reject it only on the basis of an expert opinion. The Seller will provide the consumer with a copy of the expert opinion within 14 days from the date of complaint settlement. If the Seller rejects the complaint after 12 months from the purchase, they are obliged to state in the settlement document to whom the Buyer can send the product for an expert opinion. If the consumer proves, based on an expert opinion, that the Seller is liable for the defect, the consumer may enforce the complaint again. All purposefully incurred costs associated with the expert opinion shall be borne by the Seller who shall provide the consumer with a refund of such costs within 14 days from the date of repeated submission of the complaint. The Seller cannot reject such a re-submitted complaint.
- Where a complaint concerning goods subject to the statutory warranty period is settled through replacement with new goods, the warranty period shall commence again from the complaint settlement date.
- The Seller shall issue for the Buyer – consumer a written confirmation stating when the complaint was filed, what is its content, and the requested manner of complaint settlement and send it via e-mail immediately after receiving the complaint (in case of personal submission, such a confirmation is to be provided immediately) along with a confirmation about the date and manner of complaint settlement and the confirmation about repair and period of complaint settlement or the grounds behind rejection of the complaint.
- The Buyer is entitled to a refund of necessary costs (especially postage that they pay when sending the goods subject to a complaint) related to the exercise of legitimate rights resulting from the liability for defects (we recommend filing a request no later than 30 days after complaint settlement, this shall be without prejudice to the statutory deadline), which have been actually and efficiently incurred. In case of withdrawal from the contract due to a defect in the item, the consumer shall be entitled also to a refund of the costs associated with the withdrawal.
- Where the Buyer is an entrepreneur, the Seller undertakes to decide on the complaint within 40 days from submission of the complaint. The Buyer – entrepreneur shall be informed about the decision via the contact e-mail address.
- Where the defect can be rectified, the goods will be repaired. If repair is not possible and the nature of the defect does not prevent normal use, the Seller may agree with the Buyer on a reasonable discount on the price of the goods. In case of provision of a discount, the defect concerned cannot be complained about later.
- As concerns defects that cannot be rectified and prevent an item from being used properly as the item without any defect, the Seller has the right to replace the defective goods with goods with the same or similar features or to issue a credit note. Where a complaint concerning goods subject to the statutory warranty period is settled through replacement with new goods, the warranty period shall be extended by the complaint settlement period.
- If the goods subject to a complaint are not collected within one month from the expiry of the period determined for complaint settlement or within one month from the notice of complaint settlement where the complaint is settled later (i.e., usually within 60 days from the complaint filing date), the Seller shall be entitled to charge the costs associated with goods storage upon relase of the goods.
- If the Buyer fails to collect an item within six months from the date when the Buyer is to do so, the Seller shall be entitled to sell it. The Seller will inform the Buyer about the intended sale and give them a reasonable additional time to collect the item. If the uncollected item is sold, the Seller shall pay the Buyer the proceeds from the sale after deducting the price of repair or adjustment, the storage fee, and the costs associated with the sale. The right to the proceeds from the sale must be exercised by the Buyer with the Seller.
VI. Final Provisions
- After complaint settlement, the Seller shall notify the Buyer accordingly either via telephone, SMS, or e-mail within 30 days from the complaint submission date and issue a written complaint settlement document. Where goods are sent by a carrier service, the goods will be automatically sent to the Buyer´s address after the settlement.
- The Buyer is obliged to check the received goods and their compliance with the release protocol concerning the complaint. Furthermore, the Buyer shall check the completeness of goods and, in particular, whether all assumed parts are included. Subsequent objections will not be considered. These arrangements are without prejudice to the statutory time limit for the exercise of the rights arising from faulty performance.
- If the subject of the purchase is a consumable material or if this material is a part of the purchased goods, the service life will be used instead of the quality guarantee. The service life may be stated as a period of time, expiry of the goods, the number of uses, or otherwise. More than one of these lifetime forms may be indicated on the goods. A complaint may be successfully enforced only upon compliance with all the above conditions.
- The right of the Buyer to complain about the goods within the statutory warranty period is not affected by that. However, the Buyer must take the above into account as the warranty does not cover wear and tear caused by normal use of an item and it cannot be confused with the service life of the item. The service life of the goods represents the susceptibility to wear caused by normal use. If you use (do not own) the goods for a period of time longer than the normal service life, a defect is likely to be a result of normal wear and tear but even in such a case, it is not excluded that the defect is actually a defect subject to the warranty.