Return and refunds
ARTICLE I
GENERAL PROVISIONS
1.This complaints procedure is issued in accordance with Act No. 40/1964 Coll. Civil Code (hereinafter referred to as the Civil Code) as amended, Act No. 250/2007 Coll. on consumer protection and on the amendment of Act No. 372/1990 Coll. on offenses as amended, as well as other generally binding legal regulations of the Slovak Republic.
2. This complaints procedure regulates the process for making complaints about goods sold by Nerio s.r.o., with its registered office at:
3. Through this complaints procedure, the seller informs the buyer about the scope, conditions, and method of making a complaint, including information on where a complaint can be made, as well as on the execution of warranty repairs.
4. This complaints procedure is published on the seller’s online store website www.okruhari.sk.
5. By accepting the goods, the buyer agrees to this complaints procedure and confirms that they have been acquainted with its content.
ARTICLE II
DEFINITION OF TERMS
1. For the purposes of this complaints procedure, the seller is understood to be the company Nerio s.r.o., with its registered office at: Gorkého 129/10, 811 01 Bratislava, Company ID: 50 206 460, registered in the Commercial Register of the District Court Bratislava III, Section: Sro, Insert No.: 109818/B.
2. For the purposes of this complaints procedure, the buyer is understood to be a natural or legal person who, as a consumer, has purchased goods from the seller within its sales network or through the seller’s online store, and who has the right to assert claims for liability for defects.
3. For the purposes of this complaints procedure, a complaint is understood to mean asserting liability for product defects.
4. For the purposes of this complaints procedure, the resolution of a complaint is understood to mean the conclusion of the complaint process by handing over the repaired product, replacing the product, refunding the purchase price of the product, granting an appropriate discount on the product price, a written request to accept the fulfillment, or a justified rejection of the complaint
5. For the purposes of this complaints procedure, an expert assessment is understood to mean the opinion of an expert or a statement issued by an authorized, notified, or accredited person, or the opinion of a person authorized by the manufacturer to perform warranty repairs.
ARTICLE III
LIABILITY FOR DEFECTS
1.The goods sold must have the required, or legally prescribed, quality, quantity, dimensions, or weight and must be free of defects, in particular, they must comply with binding technical standards.
2. The seller is liable for defects that the sold goods have at the time of acceptance by the buyer and for defects that occur after acceptance of the goods during the warranty period. For goods sold at a lower price, the seller is not liable for defects for which the lower price was agreed.
3. The warranty period is 24 months.
4. If a period of use is indicated on the sold goods, its packaging, or the instructions attached to it, the warranty period does not end before the expiration of this period.
5. For goods intended to be used for a longer period, special regulations establish a warranty period longer than 24 months. A warranty period exceeding 24 months may apply only to certain components of the goods.
6. The warranty period begins on the day the goods are received by the buyer. If the purchased goods are to be put into operation by an entrepreneur other than the seller, the warranty period begins only on the day the goods are put into operation, provided the buyer ordered the commissioning no later than three weeks after receiving the goods and provided the necessary cooperation for the service properly and on time.
7. If the warranty period begins on a day other than the day the goods are received by the buyer, this fact must be indicated in the warranty certificate.
8. At the buyer’s request, the seller is obliged to provide a warranty in written form (warranty certificate). If the nature of the goods allows, it is sufficient to issue a proof of purchase instead of a warranty certificate.
9. By a statement in the warranty certificate issued to the buyer or in advertising, the seller may provide a warranty exceeding the scope of the warranty established by law. In the warranty certificate, the seller shall specify the conditions and scope of this warranty.
10. The period from the exercise of the right arising from liability for defects until the time the buyer was obliged to take over the goods after the repair is not counted towards the warranty period.
11. If the goods are replaced, the warranty period starts anew from the receipt of the new goods. The same applies if a component for which a warranty was provided is replaced. In the case of replacement of defective goods, the buyer will receive a document indicating the replaced goods. Any further claims are made on the basis of the original delivery note and this warranty document.
12. The buyer’s rights arising from liability for defects in the goods expire if they are not exercised within the warranty period.
ARTICLE IV.
WARRANTY CONDITIONS
1. The buyer is obliged, upon receipt of the goods, to inspect the goods and check the completeness of the goods and the relevant documents (tax document, invoice, warranty certificate, manual, or other document necessary for the operation of the purchased goods). In the case of personal collection, the buyer is obliged to check the goods and immediately report any obvious defects related to mechanical damage to the goods or their packaging, the quantity of delivered goods, completeness of documents, or other obvious defects. If the goods are delivered by courier service or mail, the buyer is obliged to draw up a complaint protocol at the place of receipt regarding any obvious defects—such as incomplete shipment, mechanical damage to the goods or their packaging, or other obvious defects. Later complaints regarding obvious defects of the goods, detectable upon receipt, and incompleteness of goods and documents will not be accepted and such complaints will be considered unjustified. The seller is not responsible for obvious defects detectable upon receipt of the goods and for the incompleteness of delivered goods and documents, even if the buyer does not exercise the right to inspect the goods upon receipt.
2. Claims for mechanical damage to goods that were not apparent upon receipt must be made without undue delay after receiving the goods, but no later than 24 hours after receipt. Later claims will not be accepted.
3. Responsibility for damage to goods during transport lies with the carrier, as all goods are insured. Based on a completed report, the customer will be provided with an appropriate discount or a replacement item after the claim with the carrier has been settled.
4. If the goods delivered to the buyer do not correspond to the quality stated by the seller on their website, the buyer is obliged to notify the seller of this fact no later than 2 working days after receiving the goods. Subsequent claims of this type will not be accepted.
5. Before using the purchased goods for the first time, the buyer is obliged to study the warranty conditions, including the operating manual, and to follow this information.
6. The buyer is obliged to exercise rights arising from liability for defects without undue delay after their discovery, and no later than the expiration of the warranty period.
7. The warranty applies only to functional defects of the goods caused by a manufacturing fault.
8. The warranty does not apply in particular to defects caused by wear and tear or excessive use, defects resulting from using the goods under conditions not corresponding to the nature of the goods or as specified in the relevant documentation, defects caused by improper handling of the goods, contrary to the instructions for use, incorrect operation, care, and maintenance of the goods, defects caused by using components other than those recommended by the manufacturer or supplier, defects caused by mechanical damage to the goods occurring after receipt by the buyer, defects caused by improper installation or commissioning, defects caused by repairs or modifications performed by persons other than authorized service personnel, defects caused by natural forces, goods with broken seals and labels (if present), mechanical damage to the goods, other obvious defects and incompleteness of delivered goods not reported to the seller upon receipt, and in the case of mechanical damage that could not be detected upon receipt, without undue delay after receipt, goods used with defects if using the goods with defects prevents their removal or increases the extent of the defect, consumable parts consumed before the end of the warranty period, if the buyer was aware of the defect before receipt or was notified of the defect and a discount was provided for the defect, or if the buyer claims the goods after the warranty period has expired.
9. If, when selling goods, the seller offers the buyer another item free of charge as a gift, it is up to the buyer to decide whether to accept the offered gift. The gift is not considered sold goods and therefore is not covered by the warranty, and the seller is not responsible for any defects in the gift. If the seller is aware of defects in the item offered as a gift, they are obliged to inform the buyer of these defects when offering the gift. If defects appear in the gifted item that the seller did not inform the buyer about, the buyer is entitled to return the gift. If the buyer acquires the right to withdraw from the purchase contract, they are obliged to return everything received under the contract to the seller, i.e., together with the purchased goods, the buyer must also return the item received as a gift.
ARTICLE V.
EXERCISE OF THE RIGHT FROM LIABILITY FOR DEFECTS
The buyer may exercise rights arising from liability for defects in the company’s office in Bratislava at Gorkého 129/10 or at an authorized service center (information about authorized service centers can be obtained from the seller via the contacts listed on this website in the “Contact” section). Goods for complaint or withdrawal from the contract must be sent by the buyer to the following address: Nerio s.r.o., so sídlom: Gorkého 129/10, 811 01 Bratislava.
2. If the buyer requests the repair of defective goods and another business entity designated for repairs is specified in the warranty certificate, which is located at the seller’s place or at a location closer to the buyer, the buyer shall exercise the right to repair with the business entity designated to perform the warranty repair.
3. The buyer may exercise the right to repair the goods at authorized service centers, the list of which is provided in the documentation for the goods, or the seller will inform the buyer of them upon request.
4. The buyer may submit a complaint by handing over the defective goods and the relevant documents, or by sending them (by mail or courier service) to the location specified in points 1 to 3 of this article.
5. If the nature of the goods does not allow them to be delivered to the seller or to an authorized service center, the buyer has the right to request the defect to be remedied on site or to agree with the seller on the method of transporting the goods.
6. When making a complaint, the buyer is required to present the warranty certificate (if issued) and proof of purchase of the goods or payment of the purchase price. If these documents are not provided, the complaint will not be recognized as a warranty claim. An incomplete or incorrectly altered warranty certificate is invalid. The buyer is also required to present documents regarding any previous repairs related to the warranty.
7. When making a complaint, the buyer shall precisely describe the defect of the goods and the manner in which the defect manifests itself. The buyer shall also provide a contact address (residence, place of stay, registered office, telephone number, email) to which the seller will notify the buyer about the method of handling the complaint. The seller is not responsible for any incorrect information provided by the buyer or for the inability to deliver documents to the contact address specified by the buyer. The buyer shall also state which claim arising from liability for defects is being asserted and how they wish to receive the resolved complaint (personal collection, delivery by mail).
8. If the buyer sends defective goods to the seller or to a service center, they are required to pack them in suitable packaging that adequately protects the goods and meets the requirements for transporting fragile items, and to mark the shipment with the appropriate symbols. The seller is not liable for any damage to the goods caused by improper packaging.
9. The day on which the complaint procedure begins is considered to be the day the buyer submits the complaint to the seller or to an authorized service center. In the case of a personal complaint, this is the day the defective goods together with the relevant documents are handed over to the seller or authorized service center. If the defective goods are sent to the seller or service center, the day the defective goods together with the relevant documents are delivered to the seller or service center is considered the start of the complaint procedure.
10. In the event that the buyer does not submit all required documents when making a complaint, or if these documents are illegible, or the goods handed over are incomplete, the complaint procedure begins only on the day the complete goods and all required documents are submitted. If the buyer fails to provide the missing documents and goods even after being requested by the seller, the complaint will be considered unfounded.
ARTICLE VI.
SETTLEMENT OF COMPLAINTS
1. When a complaint is made in person, the seller’s employee shall issue the buyer a receipt, which serves as confirmation of the acceptance (submission) of the complaint.
2. If the complaint is submitted via means of remote communication, the seller is obliged to deliver confirmation of receipt (submission) of the complaint to the buyer 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 document on the settlement of the complaint; confirmation of the submission of the complaint does not need to be delivered if the buyer is able to prove the submission of the complaint by other means.
3. If the buyer submits a complaint, the seller or an employee or designated person authorized by the seller is obliged to inform the buyer of their rights under Sections 622 and 623 of the Civil Code. Based on the buyer’s decision as to which rights arising from liability for defects they wish to exercise, the seller is obliged to determine the method of complaint resolution immediately, in complex cases no later than 7 working days from the date the complaint is submitted, and in justified cases, especially if a complex technical assessment of the product or service is required, no later than 30 days from the date the complaint is submitted. Once the method of complaint resolution is determined, the complaint shall be resolved immediately; in justified cases, the complaint may be resolved later, but the resolution must not take longer than 30 days from the date the complaint is submitted.
4. After the expiration of the period for resolving the complaint specified in point 3 of this article, the buyer has the right to withdraw from the contract or to request the replacement of the goods with new goods.
5. If the buyer submits a complaint within the first 12 months after purchase, the seller may reject the complaint only on the basis of an expert assessment; regardless of the outcome of the expert assessment, the consumer cannot be required to pay the costs of the expert assessment or any other costs related to the expert assessment.
6. If the buyer submits a complaint after 12 months from the date of purchase and the seller rejects it, the person who processed the complaint is obliged to indicate in the complaint resolution document to whom the consumer may send the product for expert assessment. If the product is sent for expert assessment to the designated person, the costs of the expert assessment, as well as all other reasonably incurred related costs, shall be borne by the seller, regardless of the outcome of the expert assessment. If the consumer proves the seller’s liability for the defect through the expert assessment, the complaint may be submitted again; during the expert assessment, the warranty period does not run. The seller is obliged to reimburse the consumer for all costs incurred for the expert assessment, as well as all reasonably incurred related costs, within 14 days from the date the complaint is resubmitted. A resubmitted complaint cannot be rejected.
7. In the case of an obviously unfounded complaint submitted by the buyer, the seller has the right to demand reimbursement from the buyer for costs incurred in connection with the submitted complaint.
8. The seller shall issue the buyer an output protocol regarding the resolution of the complaint, no later than 30 days from the date the complaint was submitted, which serves as confirmation of the resolution of the complaint. By handing over the output protocol, the seller also fulfills their obligation arising from the complaint (delivers the repaired claimed goods, delivers new goods for which the claimed goods were exchanged, returns the purchase price or part thereof, or returns the unrepaired claimed goods if the complaint was rejected).
9. The seller shall inform the buyer about the resolution of the complaint by sending an email message, if the buyer has provided an email address for this purpose. At the same time, the seller shall invite the buyer to collect the goods or other entitlement resulting from the submitted complaint (refund of the purchase price, exchange of the item), if the buyer has requested personal collection of the resolved complaint. If the buyer requests the resolved complaint to be sent by mail, the seller shall send the repaired goods, exchanged new goods, or the purchase price to the buyer’s address together with confirmation of the resolution of the complaint (output protocol).
10. The seller is obliged to keep records of complaints and present them for inspection to the supervisory authority upon request. The complaint record must include information on the date the complaint was made, the date and manner of its resolution, and the serial number of the document regarding the complaint submission.
ARTICLE VII
METHODS OF COMPLAINT RESOLUTION
1. If a defect occurs in the goods during the warranty period that can be remedied, the buyer has the right to have it remedied free of charge, promptly, and properly. The seller is obliged to remedy the defect without undue delay. The method of remedying the defect is determined by the seller. Instead of having the defect remedied, the buyer may request the replacement of the goods, or if the defect concerns only a part of the goods, the replacement of that part, provided this does not result in unreasonable costs for the seller considering the price of the goods or the seriousness of the defect. The seller may always replace the defective goods with non-defective goods instead of remedying the defect, provided this does not cause serious inconvenience to the buyer. Remediable defects are those whose removal does not impair the quality and utility of the goods.
2. If the appearance of the goods has deteriorated as a result of a warranty repair but their functionality has not been affected, the complaint may be resolved by a discount on the purchase price.
3. The buyer has the right to request a free replacement of the goods or to withdraw from the purchase contract if a defect occurs in the goods that cannot be remedied and prevents the goods from being properly used as defect-free goods. The same applies to removable defects if the buyer cannot properly use the goods due to the repeated occurrence of the defect after repair; repeated occurrence is considered when the same defect appears for the third time after at least two previous repairs. The same applies to removable defects if the buyer cannot properly use the goods due to a greater number of defects; a greater number of defects is considered to be at least three different removable defects occurring simultaneously, which prevent proper use of the goods, or if the seller does not resolve the complaint within the statutory 30-day period (in this case, the defect is considered irremediable).
4. If other irremediable defects appear in the goods, the buyer has the right to an appropriate discount on the price of the goods.
5. When resolving a complaint by granting a discount on the purchase price, consideration is given to the nature of the defect, the degree and manner of wear and tear of the goods, and the possibility of further use. The amount of the discount is determined by the seller.
6. If goods sold at a lower price have a defect for which the seller is responsible, the buyer has the right to an appropriate discount on the purchase price instead of the right to exchange the goods.
7. The seller is obliged to resolve the complaint and conclude the complaint procedure by handing over the repaired goods, replacing the goods, refunding the purchase price of the goods (in case of the buyer’s withdrawal from the contract), paying an appropriate discount on the price of the goods, issuing a written notice to collect the fulfillment, or by justified rejection of the complaint.
8. The resolution of the complaint does not affect the buyer’s right to compensation for damages under Act No. 294/1999 Coll. on liability for damage caused by a defective product, as amended.
ARTICLE VIII
FINAL PROVISIONS
1. These complaint regulations become valid and effective on the 1st. 05. 2022.
2. The seller reserves the right to make changes to these complaint regulations without prior notice.
3. V Bratislave dňa 01.05.2022.
