Complaint Policy

Complaints procedure

The Complaints Procedure is an integral part of the Terms and Conditions of the online store Blažek Slovakia s.r.o. (hereinafter referred to as the "Online Store"), as well as an integral part of the Seller's offer to conclude a Purchase Agreement. By sending an order via the Online Store, the Buyer confirms that he has become familiar with the Terms and Conditions and the Complaints Procedure, that he agrees with them and expressly accepts them.

8. Liability for defects, warranty - Complaints Procedure

(excerpt from the Terms and Conditions - Article 8)

8.1. The Seller is liable to the Buyer for defects in the Subject of Sale if they occur on the Subject of Sale upon receipt of the Subject of Sale, or during the warranty period, in accordance with the relevant provisions of the Commercial Code if the Buyer is an Entrepreneur, and in accordance with the relevant provisions of the Civil Code and the Consumer Protection Act if the Buyer is a Consumer, and further in accordance with the rules set out in the Purchase Agreement.

8.2. The Buyer shall inspect the Subject of Sale upon receipt of the Subject of Sale, and if this is not possible, without undue delay after receipt of the Subject of Sale.

Liability for defects in relation to the Buyer who is a Consumer

8.3. The Seller shall be liable to the Buyer for the fact that the Subject of Sale is in compliance with the Purchase Agreement upon receipt by the Buyer, in particular that it is free of defects. Compliance with the Purchase Agreement shall be understood to mean that the Subject of Sale has the quality and performance properties required by the Purchase Agreement, described by the Seller or expected on the basis of advertising, or that it has the quality and performance properties that are usual for a thing of this type. If the Subject of Sale upon acceptance by the Buyer does not comply with the Purchase Agreement, the Buyer has the right to have the Seller bring the Subject of Sale into a condition consistent with the Purchase Agreement free of charge and without undue delay, at the Buyer's request either by replacing the Subject of Sale or by repairing it, or to have the Seller provide the Buyer with an appropriate discount on the Purchase Price; in the event of a material breach of contract, the Buyer also has the right to withdraw from the Purchase Agreement.

8.4. The Seller provides a warranty for the Goods for a period of 24 months, unless otherwise stated by the Seller on the Goods or in the warranty certificate. The warranty period begins on the day the Buyer duly accepts the delivered Subject of Sale. The warranty period stops from the moment the complaint is filed until the date when the Buyer was obliged to accept the Subject of Sale after the complaint is resolved. If the result of the complaint procedure is the replacement of the claimed Subject of Sale, the warranty period shall start anew, namely from the receipt of the new Goods. When replacing a defective part, the new warranty period shall apply only to the replaced part of the Subject of Sale.

8.5. The Buyer has the right to assert a claim against the Seller arising from the Seller's liability for defects in the Subject of Sale (hereinafter referred to as the "complaint") pursuant to Sections 622 and 623 of the Civil Code

According to Section 622 of the Civil Code, if the Subject of Sale has a defect that can be removed, the Buyer has the right to have it removed free of charge, in a timely manner and properly. The Seller is obliged to remove the defect without undue delay. The Buyer may, instead of removing the defect, request the replacement of the Subject of Sale, or if the defect concerns only a part of the Subject of Sale, the replacement of the part, if this does not incur unreasonable costs for the Seller in relation to the price of the Subject of Sale or the severity of the defect. The Seller may always replace the defective Object of Sale with a perfect one instead of removing the defect, if this does not cause serious difficulties for the Buyer.

According to Section 623 of the Civil Code, if the defect is irremovable and prevents the Object of Sale from being properly used as a thing without defects, the Buyer has the right to replace the Object of Sale or has the right to withdraw from the contract. The Buyer has the same rights if the defects are removable, but the Buyer cannot use the Object of Sale 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 from the Purchase Price of the Object of Sale.

8.6. If the Buyer files a complaint, the Seller is obliged to determine the method of handling the complaint immediately, in more complex cases no later than 3 working days from the date of filing the complaint, in justified cases, especially if a complex technical assessment of the condition of the Subject of Sale is required, no later than 30 days from the date of filing the complaint.

8.7. In the event of exercising the right to eliminate a defect by repairing the Subject of Sale, the Buyer has the right to have the defect removed free of charge, in a timely manner and properly. The Seller is obliged to remove the claimed defect without undue delay, but no later than 30 calendar days from the date of filing the complaint. Removable defects are those defects that can be removed by repair without affecting the appearance, function and quality of the product.

If the complaint has not been resolved by repairing the Subject of Sale within 30 calendar days, after this period has expired, the Buyer has the right to exchange the Subject of Sale for a new one that is flawless or has the right to withdraw from the contract. The Buyer has the same right if he cannot use the Subject of Sale properly due to the reoccurrence of a removable defect after repair or due to a larger number of removable defects. A reoccurrence of a defect after repair occurs when the same defect, which has been repaired at least twice during the warranty period, occurs again. The Subject of Sale suffers from a larger number of defects when, at the time of filing the complaint, it has at least three different (arising from different causes) removable defects.

If the Buyer filed a complaint during the first 12 months from the purchase, the Seller may resolve the complaint by rejecting it only on the basis of a professional assessment.

The resolution of the complaint may not last longer than 30 days from the date of filing the complaint. If the Seller takes over the subject of the complaint - the Object of Sale - on a later date than the date of the claim, the time limits for settling the claim begin to run from the date of the Seller's takeover of the subject of the complaint.

8.8. The Seller is obliged to issue a written document on the settlement of the complaint within 30 days from the date of the claim; at the latest, however, together with the document on the settlement of the complaint, if the period for its settlement began to run from the date of receipt of the subject of the complaint by the Seller.

Liability for defects in relation to the Buyer who is an Entrepreneur

8.9. The Seller provides the Buyer with a guarantee for the quality of the Subject of Sale, i.e. undertakes that the Subject of Sale will be suitable for use for its usual purpose and will retain its usual properties during the warranty period. Unless the Seller and the Buyer agree otherwise, the warranty period is 24 months and runs from the date of delivery of the Subject of Sale.

8.10. The rights and obligations of the Seller and the Buyer, in particular the Buyer's claims from defects in the Subject of Sale, are regulated by the provisions of Section 422 et seq. of the Commercial Code. The period of 30 calendar days for handling a complaint pursuant to the provisions of Section 8.7 of the Terms and Conditions is considered a reasonable additional period for performance pursuant to the provisions of Section 436 et seq. of the Commercial Code. The Buyer may claim a discount on the Purchase Price or withdraw from the Purchase Agreement only after this period has expired.

Common provisions

8.11. A complaint may be filed by post at the address of the contact point, at the address of the Seller's registered office or in any branded store of the Seller in the Slovak Republic at the addresses listed on www.blazek.eu. A complaint must be filed without undue delay, as soon as the defect has appeared. Any delay together with continued use of the Subject of Sale may cause the defect to worsen, the depreciation of the Subject of Sale and may be a reason for rejecting the complaint.

8.12. The Buyer shall state in the complaint his name, surname, address, or telephone number or e-mail address, the Subject of Sale, the date and place of receipt of the Subject of Sale and indicate the claimed defect of the Subject of Sale. The Buyer shall attach to the complaint a document certifying the date and place of receipt of the Subject of Sale, or a warranty certificate, if it was issued and the Subject of Sale itself is in complete condition, cleaned, free from all dirt and hygienically safe. By failing to provide a document certifying the date and place of receipt of the Subject of Sale, the Buyer shall be exposed to the risk of not proving the timeliness of the complaint and the legitimacy of his claim.

8.13. If the Buyer exercises the right from defective performance, the Seller shall confirm in writing when he exercised the right from liability for defects, and after settling the complaint shall issue a confirmation of the method of settling the complaint, as well as of the performance of any repair and the duration of the complaint procedure.

8.14. The warranty does not apply to normal wear and tear, to the end of the product's service life due to excessive use beyond the expected use or purpose of the product, as well as due to improper maintenance and use contrary to the specified purpose. A complaint cannot be made for defects for which a discount on the Purchase Price was provided.

8.15. The Seller does not assume liability for damage resulting from the functional properties of the Goods, from improper use of the Subject of Sale or incorrect handling of the Subject of Sale. Defects of this origin are not covered by the warranty provided.

8.16. After settling the complaint, the Seller is obliged to send the Subject of Sale to the Buyer to the address specified by the Buyer in the binding order, or if the Buyer specifies a different address when making the complaint, to this address, unless the Buyer and the Seller agree otherwise. The Buyer is obliged to take over the Subject of Sale after settling the complaint. If the Buyer is in arrears with the acceptance of the Subject of Sale, then he is obliged to compensate the Seller for the costs related to the storage of the Subject of Sale, namely in the lump sum of EUR 4 for each day of delay. If the Buyer is in arrears with the acceptance of the Subject of Sale for more than six months from the date on which he was notified of the settlement of the complaint, and if it was not possible to notify the Buyer of the settlement of the complaint, then from the date on which the deadline for settlement of the complaint expired, the Seller is entitled and authorized to ensure the liquidation of the Subject of Sale on behalf of the Buyer.

8.17 If the Buyer, who is in arrears with the acceptance of the Subject of Sale, requests its re-delivery, then the Seller is obliged to send the Subject of Sale to the Buyer only on the condition that the Buyer pays him in advance all costs related to this shipment.

8.18 The information on the procedure for applying and handling complaints provided in these provisions also applies mutatis mutandis to complaints and suggestions submitted by consumers.