COMPLAINTS PROCEDURE

MAGENTA SHOP, sro

Registered office: Hlavná 11/23, 917 01 Trnava, Slovak Republic

IČO: 50 311 450, VAT ID: 2120272957, VAT ID SK2120272957

Company registered in the Commercial Register of the District Court Trnava, Section: Ltd., File No.: 37706/T

Phone number: +421 911 367 656

Email: magentashopsk@gmail.com

Bank connection: UniCredit Bank Czech Republic and Slovakia, as

SWIFT/BIC: UNCRSKBX

Bank account number (IBAN): SK3511110000001287997008

I. INTRODUCTORY PROVISIONS

  1. The Complaints Procedure generally regulates all legal relations between the Seller and the Buyer, when applying and handling the Buyer's Complaints regarding the quality, deficiencies and defects in relation to the Goods . The Buyer is entitled to a Complaint in the event of defects or deficiencies occurring exclusively in the Goods delivered to him by the Seller.

  2. The Complaints Procedure is an integral part of the GTC and the Contract concluded between the Seller and the Buyer.

  3. The Complaints Procedure in this form is valid for all cases of Complaints, unless special warranty conditions are agreed upon or unless a special legal regulation stipulates otherwise.

  4. This Complaints Procedure applies primarily to Buyers who are natural persons – Consumers within the meaning of applicable legal regulations. In the case of Buyers who are Entrepreneurs, this Complaints Procedure applies to the complaint procedure accordingly, primarily in relation to the provisions applicable to Entrepreneurs.

  5. The Seller's liability towards Buyers, as well as the rights arising from liability for defects that belong to the Buyer, are governed in the case of the Buyer - Consumer by Article V of these Complaints Procedures, as well as by the relevant legal regulations of the Slovak Republic, in particular the relevant provisions of the Civil Code, the Consumer Protection Act, the Consumer Protection Act in Distance Selling, and other generally binding legal regulations. The Seller's liability towards Buyers, as well as the rights arising from liability for defects that belong to the Buyer, are governed in the case of the Buyer - Entrepreneur by the relevant legal regulations of the Slovak Republic, in particular the relevant provisions of the Commercial Code and other generally binding legal regulations.

II. METHOD OF FILING A COMPLAINT

  1. The Buyer is obliged to file a Complaint immediately after discovering the fact complained of, but no later than the expiration of the warranty period in accordance with Article VI of these Complaint Procedures.

  2. The Buyer is entitled to submit a Complaint in writing, in one of the following ways:

  1. by electronic means (e-mail) to the address: magentashopsk@gmail.com or

  2. in writing to the address: MAGENTA SHOP, sro, with registered office: Hlavná 11/23, 917 01 Trnava, Slovak Republic

  1. The complaint must be qualified, i.e. it must be clear from the complaint who is filing it, what is being sought and it must be applied without delay within the period according to point 2.1 of these Complaints Procedure.

  2. In the Complaint, the Buyer shall state in particular his/her identification data and a detailed description of the fact complained about (reasoning for the Complaint), as well as his/her requirements for the removal of the defect and the implementation of the remedy. In his/her own interest, the Buyer is obliged to attach to the Complaint all documents proving the facts claimed by him/her.

III. COMPLAINTS PROCEDURE

  1. In the event of a Complaint being filed by means of distance communication (i.e. not in person), the Seller shall immediately deliver to the Buyer a confirmation of the filing of the Complaint; if it is not possible to deliver such confirmation of the filing of the Complaint immediately, it shall be delivered without undue delay, but at the latest together with a document confirming the handling of the Complaint; the confirmation of the filing of the Complaint does not have to be delivered if the Buyer has the opportunity to prove the filing of the Complaint in another way.

  2. The Buyer is obliged to provide the Seller with the necessary cooperation necessary for the handling of the Complaint.

  3. The Buyer's - Consumer's complaint will usually be resolved immediately, in complex cases no later than 3 (three) Business Days from the date of filing the Complaint, in justified cases, especially if a complex assessment of the Complaint is required, no later than 30 (thirty) Days from the date of filing the Complaint. The Seller will issue the Buyer a written document on the handling of the Complaint no later than 30 (thirty) Days from the date of filing the Complaint, but no later than together with the document on the handling of the Complaint, if the period for its handling began to run from the date of receipt of the subject of the Complaint by the Seller.

  4. The Buyer's - Entrepreneur's complaint will usually be resolved within 60 (sixty) Business Days. The Seller will issue the Buyer a written document confirming the resolution of the Complaint no later than 60 (sixty) Business Days from the date of the Complaint.

IV. COMPLAINT HANDLING METHOD

  1. The Seller will continuously inform the Buyer about the processing procedure and the method of handling the Complaint.

  2. Complaint settlement means the termination of the complaint procedure in one of the following ways: (i) settlement of the Complaint in full or in part, according to the Buyer's requirements specified in the Complaint, or (ii) in another appropriate way, or (iii) by reasoned rejection of the Complaint.

  3. The Buyer - Consumer has the right to reimbursement of the costs incurred in connection with the reasonable and proper filing of the Complaint. This right must be exercised with the Seller no later than 1 (one) month from the date of completion of the complaint procedure, otherwise the right shall lapse. The Buyer - Entrepreneur does not have such a right in any case. In the event of a Complaint being filed by the Buyer - Entrepreneur, the costs of filing a Complaint (e.g. postage costs) shall in any case be borne by the Buyer - Entrepreneur himself.

V. LIABILITY FOR DEFECTS

  1. The Seller is liable to the Buyer for any defects that the Goods have when they are taken over by the Buyer. For items sold at a lower Price, the Seller is not liable for any defect for which a lower Price was agreed.

  2. If the defect in the Goods is remediable, the Buyer has the right to demand (i) that such defect in the Goods be remedied free of charge, in a timely manner and properly, or (ii) that the Goods be replaced with other adequate goods, or if the defect concerns only a part of the Goods, that part be replaced, if this does not cause the Seller unreasonable costs in relation to the Price of the Goods or the severity of the defect. The Seller is entitled to replace the defective Goods with a perfect one instead of removing the defect, if this does not cause the Buyer serious difficulties.

  3. If the defect in the Goods cannot be removed and prevents the Goods from being used properly as Goods without defects, the Buyer has the right (i) to exchange the Goods for other adequate goods, or has the right (ii) to withdraw from the Contract. The Buyer has the same rights even if the defects are removable, but the Buyer cannot use the Goods properly due to the recurrence of the defect after repair or due to a larger number of defects. If other irremovable defects are involved, the Buyer has the right to an appropriate discount on the Price of the Goods.

  4. The Buyer is entitled to decide which of the rights in question under liability for defects to exercise, and the Buyer is obliged to notify the Seller of his decision together with the filing of the Complaint, or without undue delay after the filing of the Complaint, so that the Seller can determine the method of handling the Complaint.

  5. The Seller is not liable for defects in the Goods that (i) arose from improper use, care, storage, treatment, maintenance, intervention by the Buyer, or mechanical damage to the Goods, (ii) of which the Buyer knew about or was expressly warned about upon receipt of the Goods, (iii) for which a discount on the Price was provided, (iv) are caused by normal wear and tear of the Goods caused by its normal use, as a result of natural changes in the material, (v) which result from the nature of the Goods, the lifespan (function) of which is limited to a shorter period of use, (vi) in the case of used Goods for defects caused by its use or wear, (vii) which the Buyer caused himself, which were caused by unauthorized and unprofessional intervention, or (viii) which arose as a result of force majeure (natural phenomena, floods, hail, etc.).

  6. The Buyer – Entrepreneur acknowledges that this article of the Complaints Procedure does not apply to him. In order to exercise the right of liability for defects in the Goods, the relevant provisions of the Commercial Code or other applicable legal regulations shall apply in the case of the Buyer – Entrepreneur.

VI. WARRANTY

  1. If a defect occurs in the purchased Goods, the Buyer has the right to claim the defect due to non-compliance of the goods with the Contract, during the warranty period of the given Goods. The warranty period is 24 (twenty-four) months, unless the applicable legal regulations of the Slovak Republic provide for a shorter warranty period for certain types of goods.

  2. The warranty period begins on the date of receipt of the Goods by the Buyer. If the Goods consist of several parts that are delivered sequentially, the period begins on the date of receipt of the last delivery of the Goods by the Buyer.

  3. At the request of the Buyer, the Seller is obliged to provide a written guarantee (warranty certificate). If the nature of the matter allows, it is sufficient to issue a proof of purchase of the Goods instead of a warranty certificate.

  4. Rights arising from liability for defects in the Goods for which the warranty period applies shall lapse if they are not exercised within the warranty period.

VII. ALTERNATIVE DISPUTE RESOLUTION

The Buyer, who is a natural person - Consumer, has the right to contact the Seller with a request for redress, sent to the Seller's registered office address or to the e-mail address magentashopsk@gmail.com , if he is not satisfied with the manner in which the Seller handled his Complaint, or if he believes that the Seller has otherwise violated his rights. If the Seller responds negatively to the request for redress or does not respond to it within 30 (thirty) days from the date of its sending, the Buyer has the right to contact the alternative dispute resolution entity in order to protect his consumer rights in accordance with the relevant provisions of the Alternative Dispute Resolution Act and try to reach an agreement on resolving the dispute through the procedure established by law. Alternative dispute resolution does not apply to disputes with a quantifiable value not exceeding EUR 20.00. Alternative dispute resolution only concerns a dispute between the Buyer - Consumer and the Seller, arising from or related to the Contract. The subject of alternative consumer dispute resolution is:

Slovak Trade Inspection

Central Inspectorate

Department for International Relations and Alternative Consumer Dispute Resolution

with registered office: Bajkalská 21/A, pp 29, 827 99 Bratislava 27, Slovak Republic

email: ars@soi.sk , addr@soi.sk

while more information is available at https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi , or the relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available on the website https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1 ). In the case of a Contract concluded electronically, the Buyer may use the online dispute resolution platform for alternative resolution of his dispute, which is available on the website http://ec.europa.eu/consumers/odr/ . All other rights and obligations of the Seller and the Buyer in connection with alternative dispute resolution are governed by the provisions of the Alternative Dispute Resolution Act.

VIII. COMPLAINTS AND INITIATIVES

  1. The terms and conditions of these Complaints Procedures shall apply accordingly to the method and procedure for handling complaints and suggestions from the Buyer.

  2. The Buyer is entitled to submit any complaint or suggestion addressed to the Seller in writing, in one of the following ways:

  1. by electronic means (e-mail) to the address: magentashopsk@gmail.com or

  2. in writing to the address: MAGENTA SHOP, sro, with registered office: Hlavná 11/23, 917 01 Trnava, Slovak Republic.