COMPLAINTS PROCEDURE FOR WHOLESALE
Seller:
infoGen s.r.o.
Komenského 14483/10F
974 01 Banská Bystrica, Slovakia, EU
IČO: 51642361, DIČ: 2120736684
IČ DPH: SK2120736684
e-mail: praciepasiky@praciepasiky.eu
mobile / whatsapp: +421 905 131 099
Complaint handling is subject to the applicable Complaints Procedure. The Buyer, by his signature upon receipt of the goods to the Seller, confirms that he has been duly informed about the conditions and method of claiming the goods, including information on where the claim can be filed as well as with this Complaints Procedure.
I. Seller's liability
When selling goods, the Seller shall be liable for the fact that the goods are of the required quality, quantity and measure, except for goods for which the possibility of deviation has already been established by the manufacturer itself, which the Seller has already informed the Buyer about when ordering the goods. The goods must be free from defects and conform to technical standards.
The Seller shall be liable for defects in the goods sold upon receipt by the Customer and for defects that occur after the Buyer has taken delivery of the goods within the warranty period. In the case of second-hand goods, the Seller shall not be liable for defects caused by use, wear and tear or improper care.
Each item purchased from the Seller is accompanied by an invoice (bill of sale) upon receipt/delivery, which also serves as a warranty document.
II. Buyer's right to claim defective goods
If there is a defect in the purchased goods, the buyer is entitled to claim the rights of liability for defects in the goods. The Seller is obliged to determine the method of handling the claim and to handle the claim within the time limit according to Article V. point 3.
Upon receipt of the goods, the Buyer is obliged to inspect the goods as well as whether the goods received/delivered agree with the invoice and the delivery note. If the transport packaging is visibly damaged, the buyer may take over the goods and immediately draw up a complaint report on the spot with the driver/carrier. The Buyer shall immediately inform the Seller of this situation by e-mail at praciepasiky@praciepasiky.eu or by telephone at +421905131099. On the basis of the complaint report, the Buyer will be granted a reasonable discount on the purchase price or a new product will be delivered, as agreed with the Seller.
If the delivered goods are mechanically damaged, and this mechanical damage could not be detected directly upon receipt of the goods, the Buyer is obliged to submit this claim immediately, i.e. within 24 hours after receipt of the shipment, by e-mail to praciepasiky@praciepasiky.eu. The Seller is not obliged to accept later claims of mechanical damage.
The buyer is obliged to send the claimed goods to the address of infoGen s.r.o.
Komenského 14483/10F, 974 01 Banská Bystrica. The sent goods must be insured, as the Seller is not responsible for their damage or possible loss during delivery to the Seller's premises. The Seller is not obliged to accept parcels sent on delivery.
The Buyer shall not be entitled to claim for defects for which he has been granted a reasonable discount on the purchase price and/or which the Seller has informed him of upon receipt of the goods.
III. Letter of Claim
The Buyer shall be obliged to draw up a written complaint letter in duplicate for each complaint, one copy of which shall be given to the Buyer and the original to the Seller.
The letter of complaint must contain:
the name, address, telephone contact of the establishment where the goods have been claimed
the name of the person from the seller's side who took over the complaint
the business name, identification data of the Buyer; the name, surname and telephone contact of the person authorised to claim the goods on behalf of the Buyer
the name or description of the goods complained of
a brief description of the defect complained of, the type and extent of the defect
the seller's statement on the complaint
the buyer's agreement to the statement
the seller's signature
Buyer's signature
date
The Seller shall issue the Buyer with a confirmation of the claim in a suitable form, e.g. in the form of an e-mail or in writing.
There is no right to make a claim:
failure to notify obvious defects upon receipt of the goods;
the goods have been damaged in transit, and any apparent damage to the goods or their packaging must be immediately addressed with the carrier/carrier;
mechanical or other damage to the goods caused by the buyer (mechanical damage means damage to the goods which could not have been caused by normal use of the goods for the purpose for which they were manufactured and intended);
use of the goods in unsuitable conditions (the goods have been used in conditions contrary to the manufacturer's claims);
unprofessional handling or use or installation contrary to the conditions stated in the documentation for the goods and failure to take the recommended care of the goods in accordance with the instructions for use (the goods have been applied to an unsuitable and improperly treated substrate, the goods have been damaged by unprofessional installation or by handling and maintenance carried out contrary to the instructions, the goods have been improperly stored, the goods have been improperly cleaned/washed, the goods have been damaged by exposure to the elements such as water, sunlight, heat, humidity);
In the case of a legitimate complaint, the goods will be replaced or the money will be refunded to the buyer by transfer to the account within seven (7) working days from the date of completion of the complaint procedure at the latest.
IV. Defects
Removable defects are defects in the goods, the removal of which does not impair the appearance, function and quality of the goods. The Seller shall decide on the method of removing the defect and shall be obliged to remove the defect without undue delay. In the case of removable defects, the buyer may demand:
free of charge, proper and timely removal of the defect by the Seller, or replacement of the defective part if the defects concern only this part and its replacement is possible, or replacement of the goods if they have not yet been used.
If the defects are irremediable and prevent the goods from being used properly, the buyer may demand the replacement of the defective goods with faultless goods. If the Seller's replacement of the defective goods with faultless goods is not sufficiently possible, the Buyer may demand cancellation of the order and refund of the purchase price paid.
V. Final Provisions
In the event that it was not possible to settle the complaint immediately, the Seller shall notify the Buyer in writing of the method of settlement of the complaint, no later than within 30 (thirty) working days from the date of the complaint.
All repairs claimed within the warranty period shall be free of charge.
The handling of the claim shall apply only to the defects specified by the Buyer in the claim letter when making the claim.
In the event that the Seller terminates the claim procedure as a justified rejection of the claim, but the defect in the goods objectively exists and has not been rectified, the Buyer may exercise his right to have the defect in the goods rectified through the courts.
This Complaint Procedure shall enter into force on 01.11.2023