FOR GOODS ORDERED AT eshop.viavitis.sk
1. The Complaints Procedure has been prepared pursuant to Act No. 40/1964 Coll. of the Civil Code as amended (hereinafter referred to as the "Civil Code") and applies to consumer goods listed on eshop.viavitis.sk (hereinafter referred to as "Goods"), in the case of which the Buyer's rights under liability for defects have been exercised during the warranty period (hereinafter referred to as "Complaints"). Legal relations concerning liability for defects of the Goods between the Seller and a third party who is not a consumer shall be governed exclusively by the relevant provisions of Act No. 513/1991 Coll. of the Commercial Code, as amended.
2. The Seller is the civic association Vajnorský vinohradnícky spolok, Pod lipami 1, 831 07 Bratislava, ID No.: 48460397
3. The Buyer is a consumer who has concluded a contract with the Seller for the purchase of the Goods.
4. If the Goods show obvious defects, i.e. in particular if the Goods are handed over to the Buyer in damaged transport packaging, the Buyer is not obliged to accept the Goods. The Buyer is obliged to inspect the Goods immediately upon receipt. If there is significant mechanical damage to the consignment, apparently caused by transport, the Buyer shall have the right not to accept it, which fact the Buyer shall be obliged to notify the Seller in writing. Without such notification, claims concerning damage to the consignment shall not be accepted.
5. In the event that defects in the Goods occur after acceptance of the Goods by the Buyer within the warranty period, the Buyer shall be entitled to make a Claim.
6. The length of the warranty period is governed by the applicable provisions of the Civil Code, i.e. its length is 24 months. The warranty period shall commence upon receipt of the Goods by the Buyer.
7. If it is a defect that can be removed, the Buyer has the right to have it removed free of charge, in a timely and proper manner. The Seller is obliged to remove the defect within 30 days of receipt of the complaint.
8. The Buyer may demand replacement of the item instead of removal of the defect. The Seller may always replace the defective item with a faultless one instead of removing the defect.
9. If there is a defect which cannot be removed and which prevents the item from being properly used as a non-defective item, the Buyer has the right to have the item replaced or has the right to withdraw from the contract. The same rights shall apply to the Buyer if the defects are remediable, but the Buyer cannot properly use the item due to the reoccurrence of the defect after repair or due to a greater number of defects.
10. If there are other irremediable defects, the Buyer is entitled to a reasonable discount on the price of the item.
11. In the event of replacement of the goods with new goods, the new warranty period starts from the date of receipt of the new goods.
12. Withdrawal from the contract is effective against the Seller from the moment when the Buyer's written statement of withdrawal is delivered to the Seller. The Buyer is entitled to withdraw from the contract without giving any reason and within a period of no later than 7 days from the receipt of the goods purchased remotely, via the Internet. In case of cancellation of the contract in the event of withdrawal from the contract, the Buyer is obliged to return the goods to the Seller in the condition in which he received them from the Seller, while the Seller is obliged to return the purchase price paid to the Buyer only after the receipt of the goods from the Buyer.
13. The warranty does not apply to defects, shortcomings and damage to the Goods resulting from use, wear and tear, improper use or improper care of the Goods by the Buyer.
14. Liability rights for defects shall be exercised with the Seller. When claiming liability for defects, the Buyer is obliged to submit a proof of purchase of the goods (invoice/receipt) and notify the nature of the defect in writing. The Buyer is obliged to hand over the goods together with the accessories to the Seller. In the case of shipment of the Goods, the Buyer is obliged to take all actions necessary to protect the Goods from damage during shipment.
15. The Seller shall proceed with the handling of the complaint in full compliance with the provisions of Act No. 250/2007 Coll. on consumer protection and the Civil Code and informs the Buyer about the complaint handling procedure continuously by e-mail.
16. In the event of a Complaint, the Buyer shall agree with the Seller on the most appropriate form of handling the Complaint. In case of disagreement, the Seller shall be entitled to choose the method of handling the Claim. Taking into account the nature of the Complaint, the Seller shall offer the Buyer the most appropriate solution to the Complaint.
17. This Complaint Procedure shall enter into force on 30.10.2022 and shall form part of the Seller's general terms and conditions. Changes to the Complaints Procedure are subject to change.