COMPLAINT AGENDA
ESHOP DAC 1904
I. Common assessments
1.1 DS OPERATOR, a.s. company, with seat in Štúrova 1090/7, 929 01 Dunajská Streda, Slovak Republic, company registration number: 50 868 683, VAT charge number: SK2120509094, registered in OR SR Trnava, department: Sa, inset NO.: 10712/T, (further as DS OPERATOR or the Seller) operates the internet shop on shop.dac1904.sk web page (further as "e-shop"), where it offers articles for purchase based on the contract of purchase done remotely for the customers.
1.2 These complaint conditions are applied for the purchasing of every article via web page of the e-shop: shop.dac1904.sk
1.3 This complaint agenda is established and amended by the Common Business Conditions (further as CBC), where the article disposal to the Seller via e-shop is amended.
1.4 The complaint agenda declares the collaboration between the Buyer and the Seller in the light of the possible defects of the article, their application and demand, which result from those.
1.5 The Seller is necessary to acquaint with the complaint agenda and CBC even before the article order. By the ordering of the article from the Seller, the Buyer agrees with the below complaint agenda.
1.6 As a document of the purchase, the Seller issues a purchase certificate (bill) for every acquired article. If an independent warranty list is not issued, the purchase certificate functions as a warranty list1.
1.7 Besides the exertion of complaint, the Seller provides to Buyer also the possibility of returning the unused article up to 14 days from the article take over by the Buyer for any reason
II. The warranty length
2.1 The warranty period starts from the day of article take over by the Buyer.
2.2 The regular warranty period is 24 months.
2.3 The regular warranty period can be extended by the Seller. The length of the extended period is always prompted on the warranty list. If there is no other warranty period prompted in the warranty list, the period of 24 months is valid.
2.4 The warranty period consists of regular period (24 moths) and possible extended period. In terms of the regular warranty period, the complaints are conducted by the Civil Code no.40/1964 § 619-627 in consideration of this complaint agenda. In case of extended period, the complaints are conducted exclusively by this agenda.
2.5 The Seller’s liability rights for the defects of the article, for which there is a valid warranty period, expire, if they will not be claimed during the warranty period.
III. Warranty terms
3.1 The Seller is responsible for the condition, amount and weight of the article, defined by the distribution. The article must have been without defects a has to meet the valid technical criterions.
3.2 The Seller is responsible for the sold article’s defects at the take over by the Seller and for defects, which appear in consequence of the Seller culpability after the article take over during the warranty period.
3.3 Exceptions of the warranty
The warranty is not applicable for the defects cause by superior forces, natural disasters etc. and also for possible defects caused by the mentioned. Also, the warranty is not applicable for the defects caused by inappropriate handling, unprofessional or inappropriate manipulation, usage and installation, which are in contrast with the user guide, on accrued damages:
a) by mechanical damage of the article,
b) by article usage in inappropriate circumstances,
c) the article was damaged excessive density in contrast with the aforesaid conditions in the documentation or with common principles,
d) by executing non-qualified interferences or by parameter changes.
3.4 The period starting from the applying of the right for liability for defects till the period of when the Seller was mandatory to take over the article, does not count in the warranty period. If there will be an article exchange, the warranty period starts to wear on again from the article take over.
3.5 If the seller offers another gift article for free besides the sold article for the Buyer, the customer decides, whether he accepts the offered article. But the gift is not a sold article, and for this reason the Seller is not responsible for its possible defects. But if he is aware of the possible defects of the gift, it is mandatory for him to notice the customer about the gift defect. If the gift has defects, which were not mentioned by the Seller, the Buyer is eligible to return it. If the customer has the right to abandon the contract (money refund), the customer is compulsory to return everything to the Seller, i.e. also the article received as a gift.
3.6 The Buyer is compulsory to control the condition of the package and the article. The Seller has the right to refuse to take over the package, which is not in line with the contract of purchase, for example the package is incomplete (except when the order was processed with more deliveries) or defected. If the Buyer takes over such a delivery from the courier, it is necessary to describe the defect in the acceptance certificate of the courier.
3.7 The incomplete or damaged package should be straight and necessarily reported via e-mail to the address: dacstore [at] molarena.com, take in writing the protocol with the courier about the defect and to send it without any necessary delays via fax, e-mail or post to the Seller. The additional complaints about the incompletion or external defects of the package gives the opportunity to the Seller to demonstrate, that this is not in conflict with the contract of purchase.
3.8 The place for the complaint
The place for the complaint in Slovak Republic is:
MOL ARENA, DAC Store, Športová 4744, 929 01 Dunajská Streda
3.9 The Buyer is eligible to send the defected article for complaint via courier service to the address of MOL ARENA, DAC Store, Športová 4744, 929 01 Dunajská Streda. The package should be visibly marked as "COMPLAINT" and contain: the article of complaint (including the complete accessory), we advise to attach the copy of the complaint letter, the detailed description of the defect and the adequate contact data of the Buyer (return address, telephone number). Without the upper it is not possible to identify the article background and defect.
3.10 The Seller demonstrates the warranty validity by the submission of the purchase document, and if the article was under complaint in the past, it is also necessary to submit the document about the complaint. The complaint list must contain the identical serial number, as is visible on the complained product (if it has a serial number).
3.11 The Seller has the right to decline to undertake the article to the complaint process, if the article of complaint or its part are contaminated of they do not meet the criteria of basic condition for hygienically safe including of the product to the process of complaint.
IV. The disposal of the complaint
4.1 If the defect can be excised, the Buyer has the right for its free, timely and proper clearance. The Seller decides about the way of clearance and he is compulsory to excise the defect without any unnecessary delay.
4.2 The Buyer – in assumption of the additional approval from the Buyer – can ask for article exchange instead of the clearance, or if the defect affects only parts of the article, for exchange of this part if this is not causing inadequate charges for the Seller in line of the article price or the defect materiality.
4.3 The Seller can exchange the product instead of the clearance defected article for an article without any defect, if this is not causing serious difficulties for the Buyer.
4.4 If it is impossible to excise the defect and which is preventing the proper usage of the article, the Buyer has the right for article exchange or for contract abandonment (refund).
4.5 The Buyer has the right to article exchange of the contract abandonment (refund) also in case, if the defect can be excised, but the Buyer cannot use the article properly for the repeatedly appeared defect after the excise.
4.6 If the defect is not excisable, which does not prevent the proper usage of the article, the Buyer has right for a reasonable discount from the price of the article.
4.7 If the Buyer has right for the article exchange or for contract abandonment (refund), it depends on the Seller, which right does he apply. After he chooses one of these rights, he will be not eligible to change this choice one-sidedly.
4.8 If the consumer applies the complaint, the Seller or the entrusted employee or the assigned person is compulsory to enlighten the consumer about his rights above.
4.9 The Seller is compulsory to constitute an affirmation to the customer at the applying of the complaint. This affirmation is the copy of the complaint protocol. In this affirmation, except of the contact data of the Seller and the customer it is needed to include the description of the defect and if the customer wants fixing, exchange, contract abandonment or discount from the price in dependence on the defect character, as also the date of the complaint apply.
4.10 If the complaint is applied via remote communication, i.e. via telephone, the Seller is compulsory to deliver the affirmation about the complaint apply as soon as possible, however at latest together with the document about the clearance of the complaint. The affirmation about the complaint apply must not be delivered, if the consumer is able to demonstrate the complaint apply in other form, for example via e-mail.
4.11Based on the decision of the consumer about the rights apply, the Seller is compulsory to define the way of the complaint clearance without any unnecessary delay. In justified cases, mainly if a complicated technical evaluation of the product or service condition is needed, up to 30 days from the complaint apply.
4.12 After the decision of the way of complaint handling the complaint is solved straightaway, in justified cases there is the opportunity to solve the complaint later; but the complaint handling should not take longer, than 30 days from the complaint apply.
The below can be considered as complaint handling:
(i) handover or sending the new or repaired article to the Buyer, or the delivery of the information, that the article is ready for the lift.
(ii) the sending of financial materials adequate with the discount from the article price or refunded cost of acquisition to the Buyer, or sending the information to the Buyer, that the appropriate amount is ready for the lift.
4.13 The Seller is compulsory to publish a written document about the complaint handling at latest 30 days from the complaint apply. This written document is the coly of the complaint protocol with the filled column about the complaint handling, a letter containing a written understanding about the complaint handling or a message or an e-mail containing information about the complaint handling by a written affirmation about its dispatching.
4.14 After the handling of justified complaint the warranty period is prolonged with the period of complaint duration. In case of illegitimate complaint, the warrant period is not prolonged. If the complaint was solved by product change, the further complaint is considered as the first complaint of the article.
V. Participation of the Buyer
5.1 The Buyer is compulsory to provide immediately whatsoever collaboration to the Seller or authorized service for the authentication of the existence of complaint defect and to its excise (including the appropriate essential examination or article dismount).
5.2 The Buyer is also compulsory to provide the article in clean condition at the at the complaint exertion and in the orderly cover in line with the hygienic regulations or communal hygienic policies, including all of its parts and accessories, enabling these kinds of authentication and disposal of the defect.
5.3 The Buyer is compulsory to take over the article from the warranty service at latest one (1) month from the understanding about its execution.
VI. Alternative resolution of the conflict
6.1 The Buyer has the right to contact the Seller with a reparation demand, if he is not satisfied with the method of resolving his complaint by the Seller, or he assumes, that the Seller contravened his rights. The Buyer has the right to file a demand to begin an alternative resolution of the conflict, if the Seller answered dismissively to the correction demand or he did not answer on it until 30 days from its dispatch.
6.2 The organ for alternative resolution of the conflict is:
Slovak Commercial Inspection
Central Inspectorate
Department of the international relationships and alternative resolution of the consumption conflicts
Prievozská 32, p.p. 29
827 99 Bratislava 27
Address for the plaint in electronic form: ars [at] soi.sk/">ars [at] soi.sk, adr [at] soi.sk/">adr [at] soi.sk
VII. Final clauses
7.1 This complaint agenda is valid from 1.12.2018.
7.2 The Seller reserves the right to change the complaint agenda without any aforementioned warning by placing its new version to the internet pages of the e-shop.
7.3 The Buyer confirms the acknowledging of this valid complaint agenda at the e-shop order dispatch.