Complaints Procedure

Art. I General provisions

This Complaints Procedure of A2E, s.r.o. (hereinafter referred to as the “Complaints Procedure”) is issued pursuant to §18 par. 1 of Act No. 250/2007 Coll. on consumer protection on the amendment of the Slovak National Council Act no. 372/1990 Coll. on offences, as amended.

Art. II Subject matter

The Complaints Procedure regulates the scope, conditions and method of exercising the right of liability for defects in goods covered by a guarantee and purchased by the consumer pursuant to a special regulation (1).

Art. III Definitions

For the purposes of the Complaints Procedure

a) Seller: A2E, s.r.o., SNP 498/96, 039 01 Turčianske Teplice, Slovak Republic, ID No.: 51134403, VAT No.: SK2120732075;

The company is registered in the Commercial Register of the District Court of Žilina, section Sro, insert no. 69786/L,

(b) consumer: a person as defined in a special regulation (2),

(c) product: a product, good, part of a good or service which the supplier is authorised to provide under a special regulation (3 ) in accordance with the subject matter entry

activities in the Commercial Register (hereinafter referred to as “goods”),

(d) the place of complaint: the premises designated by the Seller under (a),

(e) Complaint protocol: the document by which the consumer asserts the right of liability for defective goods.

Art. IV Seller’s liability

1. The seller is liable to the consumer that the goods purchased:

(a) it is of the required quality, dimensions and performance as indicated by the seller or the manufacturer and that its use has been approved in accordance with a special regulation (4),

(b) is free from defects,

(c) sold at the price stated in the price list or on the basis of an agreed price,

(d) it complies with the health and hygiene conditions laid down by special regulations.

2. The Seller is further liable to the Consumer for defects in the goods which:

(a) existed when it was taken over,

b) occurred during the warranty period provided by the Seller or the manufacturer of the goods in its warranty certificate confirmed by the Seller or resulting from the period specified in this Complaint Procedure.

3. When selling the goods, the seller is obliged to issue the consumer with a document proving the purchase.

Art. V

1. The Seller shall not be liable to the Consumer for defects in the goods which:

(a) cannot be considered as defects not covered by the guarantee pursuant to Art. VIII,

(b) arose after the expiry of the guarantee period or which the consumer has claimed after its expiry.

2. The Seller is not liable for the defect of the goods if the consumer cannot credibly prove that it was purchased from the Seller.

Art. VI Returns of goods

1. The consumer has the right to complain about defects in the goods purchased by him. This right does not apply to goods for which the seller is not responsible.

2. The consumer is obliged to claim the defect of the goods without undue delay, after having had the opportunity to inspect the goods, but no later than six months from the date of receipt of the goods by the consumer. If the consumer fails to point out the defect within this period, his right shall be extinguished.

3. If there is a defect in the goods that did not exist at the time of their receipt by the consumer and occurred after six months from the date of receipt of the goods, the consumer is entitled to complain about the defect in the goods from the date of its discovery, but no later than the expiry of the warranty period.

4. If the consumer does not point out the defect of the goods before the expiry of the warranty period, his right shall be extinguished.

The Seller shall not take into account any claim made after the expiry of the warranty period.

5. The Seller is obliged to draw up a complaint report on the defect, which includes in particular who, when and where the defect of the goods was pointed out, its description and the method of handling. To simplify the administrative steps, you can use thisthe complaint form.

Art. VII Warranty of Goods

1. The Seller warrants the Goods for a period of twenty-four months or according to a special regulation (1).

2. The warranty period begins on the date of receipt of the goods from the Seller.

3. When replacing the goods with new goods within the scope of the claim, the new warranty period starts from the date of receipt of the new goods.

Art. VIII Exclusion of warranty of goods

1. The warranty does not apply to defects in the goods which, upon receipt:

(a) caused by the consumer or another person through damage to the goods or unprofessional handling or arising independently of their actions vis major,

(b) have been caused by misuse, unauthorised use or use for purposes other than those for which the goods were intended,

(c) obviously mechanically or otherwise destroyed, or obviously damaged or contaminated by a foreign substance, goods from which it is indisputably clear that their destruction, damage or contamination could not have been caused by the consumer,

(d) have arisen as a consequence:

1. arbitrary modifications or repairs carried out otherwise than as part of the warranty repair procedure under this Complaints Procedure,

2. other unprofessional interference or any other treatment of it that is contrary to the terms of the warranty,

3. improper storage, storage or disposal of goods in an unsuitable environment.

Art. IX Procedure for claiming liability for defective goods

1.The consumer is entitled to claim liability for defects in the goods (hereinafter referred to as “claim”) at the place of claim. The claim is made on the date of a complete and duly drawn up claim report and the documentation of all relevant documents.

How can you claim goods?

By post or shipping company

Prepare and pack the goods securely.

Attach a cover letter describing the defect, or use this a complaint form.

Attach a copy of the purchase receipt and your return address.

IBAN bank account number in case of refund.

Take the goods to the post office or shipping company.

Please send the goods to:

A2E, s.r.o.

A. Nogrády 24

960 01 Zvolen

In person at our premises

Prepare and deliver the goods to the address:

A2E, s.r.o.

A. Nogrády 24

960 01 Zvolen

2. When claiming goods, the consumer is obliged to present the defective goods and to provide documents certifying the purchase of the goods from the seller, in particular the proof of purchase, delivery note, invoice or other reliable document. If the consumer does not submit a document together with the goods according to the previous sentence, the seller is entitled to draw up a complaint report, but shall warn the consumer that the complaint procedure will not begin until the formalities of the complaint have been fulfilled. To remove formal

deficiencies, the Seller shall set a time limit, which may not be shorter than three days.

3. If the consumer fails to remedy the deficiencies pursuant to paragraph 2. the Seller shall discontinue the complaint procedure.

4. If the consumer has kept the goods complained of with the seller, the seller shall invite the consumer to collect the goods within seven days, otherwise the consumer shall send them to the seller at the consumer’s expense.

Art. X

1. The complaint shall be received by an employee of the Seller who is designated to receive consumer complaints (hereinafter referred to as the “responsible person”). When a claim is made, the responsible person is obliged to draw up a claim report, which is confirmed by the consumer after it has been drawn up. One copy of the complaint report shall be issued by the seller to the consumer.

2. For the purpose referred to in paragraph 1, the seller is entitled to process the consumer’s personal data pursuant to a special regulation (5).

Art. XI

1. If the goods are obviously defective and it is not necessary to make a special assessment, the Seller is obliged to remedy the defect as soon as possible without undue delay.

2. If the goods have to be specially assessed in the event of a complaint, the time limit for processing the complaint may not exceed 30 days from the date of the complaint. This time limit shall not include any period of time caused by the consumer’s conduct or non-cooperation.

Art. XII

1. The consumer is entitled to demand that:

(a) if the goods are defective beyond repair:

1. the Seller has remedied it as far as possible without undue delay, but at the latest by the expiry of the period prescribed by law and at his own expense,

2. the seller has replaced the defective goods, unless the seller incurs disproportionate costs in relation to the price of the goods and the severity of the defect,

(b) if the goods are irremediably defective

1. the seller has exchanged the defective goods for faultless ones or has withdrawn from the contract of sale if the defect cannot be removed and the defect prevents the proper use of the goods,

2. the seller has provided a reasonable discount on the purchase price of the goods if the defect does not prevent the proper use of the goods,

(c) in the case of recurring defects

– the seller has exchanged the defective goods for faultless ones or has withdrawn from the contract of sale if the defect can be remedied, but the defect prevents the proper use of the goods due to the occurrence of the same defect after at least two previous warranty repairs or due to a greater number of defects occurring on the goods at the same time, each of which prevents the proper use of the goods.

Art. XIII

1. If the consumer is obliged to take over the goods from the seller and the consumer does not take over the goods within the time period specified by the seller, the seller is entitled to charge a storage fee for the goods in the amount of EUR 3.00 for each even started day of storage. The time limit for acceptance of the goods set by the seller shall not be less than ten days.

2. If the consumer does not take delivery of the goods even after a renewed request, the seller shall have the right to keep, use, dispose of and enjoy the goods or to send them to the consumer at the consumer’s expense.

Art. XIV

If the Seller has rectified the defect of the goods or replaced the defective goods with faultless ones according to these Complaints Regulations, the complaint shall be deemed to have been settled. The handling of the complaint shall be recorded in the complaint report. When settling a complaint, the Seller shall issue the Consumer with one copy of the complaint report with the relevant record.

Art. XV

(1) Matters not covered by these Complaints Regulations shall be dealt with in accordance with the special regulations (6).

2. This Complaint Procedure applies to the repair of goods accordingly.

Art. XVI

This Complaints Procedure shall enter into force on 1.11.2020.

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(1) E.g. Civil Code, Commercial Code of the Slovak Republic

(2) Section 2(2)(a) of Art. a) Act of the National Assembly of the Slovak Republic No. 250/2007 Coll. on consumer protection on the amendment of the Act of the National Assembly of the Slovak Republic No. 372/1990 Coll. on offences, as amended

(3) Act of the National Assembly of the Slovak Republic No. 455/1991 Coll. on trade business (Trade Licensing Act), as amended

(4) Act of the National Assembly of the Slovak Republic No. 264/1999 Coll. on technical requirements for products and conformity assessment and on amendment and supplementation of certain acts, as amended

(5) Act no. 18/2018 Coll. Act on the Protection of Personal Data and on Amendments to Certain Acts

(6) Act of the National Assembly of the Slovak Republic No. 250/2007 Coll. on consumer protection on the amendment of the Act of the National Assembly of the Slovak Republic No. 372/1990 Coll.

on offences as amended, the Civil Code