Complaint procedure

COMPLAINT PROCEDURE

Online store https://www.florbal4u.com

I. Merchant identification

1.1. This Complaint Procedure (hereinafter referred to as "CP") governs the legal relationships between the company

Business name: Florbal s.r.o.
Registered office: Tomášikova 13, Bratislava - Ružinov district 821 01, Slovak Republic
Registered in the Commercial Register of the Municipal Court Bratislava III, Division Sro, Insert number 121506/B
ID: 44887001
VAT number: SK2022868793
Bank account: SK03 0900 0000 0051 1580 2065
The seller is the payer of value added tax

(hereinafter also referred to as the "Seller" or "Merchant") and any person who is a Buyer of products offered by the Seller on the Seller's Website, acting as a consumer in accordance with the other provisions of these General Terms and Conditions and the relevant laws defining the consumer, within the applicable legislation of the Slovak Republic, in particular the following laws: Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended, Act No. 40/1964 Coll. Civil Code, as amended, except as specified in clause 4.4. of this Complaint Procedure, which regulates the legal relationship between the Merchant and the Buyer who does not act as a consumer.

1.2. Email contact and telephone contact for the Seller is: 

Email: obchod@florbal4u.com
Tel. no.: +421948495924

1.3 The address for sending documents, complaints, and contract withdrawals is:

Florbal s.r.o., Tomášikova 13, 821 01 Bratislava, Slovak Republic

II. Basic provisions

2.1. This Complaint Procedure regulates the legal relationships between Buyers who are consumers and the Merchant.

III. Exercise of rights from liability for defects

3.1. The Buyer may exercise their rights from liability for defects only if they report the defect to the Seller without undue delay, at the latest within 24 months from the receipt of the goods. If the defect is not reported within this period, the rights from liability for defects will expire.

IV. Liability for defects

4.1. The Seller is liable for any defect that the sold item has at the time of delivery and that manifests within two years from the delivery of the item.

4.2. If the subject of the purchase is an item with digital elements, where the digital content is to be delivered or the digital service is to be provided continuously for an agreed period, the Seller is liable for any defect in the digital content or digital service that occurs or manifests during the entire agreed period, but at least for two years from the delivery of the item with digital elements.

4.3. For a used item, the parties may agree on a shorter period of the Seller's liability for defects than specified in clauses 4.1 and 4.2, but not shorter than one year from the delivery of the item.

4.4. The Seller is liable for any defect that the sold item has at the time of its delivery to the Buyer and that manifests within 6 months from the delivery of the item, in the case where the Buyer does not act as a consumer.

V. Rights from liability for defects

5.1. If the Seller is liable for a defect in the sold item, the Buyer has the right to have the defect removed by repair or replacement, the right to a reasonable discount on the purchase price, or the right to withdraw from the purchase agreement.

5.2. The Buyer may refuse to pay the purchase price or a part of it until the Seller fulfills their obligations arising from liability for defects, unless the Buyer is in default with the payment of the purchase price or a part of it at the time the defect is reported. The Buyer shall pay the purchase price without undue delay after the Seller fulfills their obligations.

5.3. The Buyer may exercise the rights from liability for defects, including the right according to clause 5.2., only if they report the defect within two months of discovering the defect, and no later than the expiration of the period specified in clauses 4.1 to 4.3 of this Complaint Procedure.

5.4. Exercising the rights from liability for defects does not exclude the Buyer's right to claim compensation for any damage caused by the defect.

VI. Reporting a defect

6.1. A defect can be reported at any of the Seller's business premises, to another person designated by the Seller who was informed to the Buyer before the contract was concluded or before the order was sent, or through means of remote communication to the address of the Seller's registered office or place of business, or to another address which the Seller informed the Buyer of at the time of the contract conclusion or after the contract was concluded.

6.2. If the Buyer reported the defect by postal mail, which the Seller refused to accept, the shipment is considered delivered on the day of refusal.

6.3. The Seller shall provide the Buyer with a written confirmation of the reported defect without delay after the defect is reported by the Buyer. In the confirmation of the reported defect, the Seller shall specify the period within which the defect will be remedied in accordance with § 507 section 1 of Act No. 40/1964 Coll., Civil Code, as amended. The period specified in the previous sentence must not exceed 30 days from the date of reporting the defect, unless a longer period is justified by an objective reason beyond the Seller's control.

6.4. If the Seller refuses liability for defects, the reasons for the refusal must be communicated to the Buyer in writing. If the Buyer proves the Seller's liability for the defect through an expert opinion or professional statement issued by an accredited person, authorized person, or notified body, the Buyer can report the defect again, and the Seller cannot refuse liability for the defect. The repeated reporting of the defect is not subject to § 621 section 3 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended. The costs incurred by the consumer associated with the expert opinion and professional statement are covered under § 509 section 2 of Act No. 40/1964 Coll., Civil Code, as amended.

6.5. If, before the conclusion of the contract or, if the contract is concluded based on the Buyer's order, before the order is sent, the Seller informed the Buyer that defects can also be reported to another person, the actions or omissions of this person are considered, for the purposes of liability for defects, to be the actions or omissions of the Seller.

VII. Removal of defect

7.1. The Buyer has the right to choose to have the defect remedied by replacing the item or repairing the item. The Buyer cannot choose a method of defect removal that is not possible or would cause the Seller unreasonable costs compared to the other method of defect removal, considering all circumstances, especially the value the item would have without the defect, the severity of the defect, and whether the other method of defect removal would cause the Buyer significant inconvenience.

7.2. The Seller may refuse to remove the defect if neither repair nor replacement is possible or if it would incur unreasonable costs considering all circumstances, including those specified in the second sentence of clause 7.1.

7.3. The Seller shall repair or replace the item within a reasonable period after the Buyer has reported the defect, free of charge, at the Seller's own expense, and without causing significant inconvenience to the Buyer, considering the nature of the item and the purpose for which the Buyer required the item.

7.4. For the purposes of repair or replacement, the Buyer shall hand over or make the item available to the Seller or the person referred to in § 622 section 5 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended. The costs of taking possession of the item shall be borne by the Seller.

7.5. The Seller shall deliver the repaired item or a replacement item to the Buyer at the Seller's own expense, in the same or a similar manner as the Buyer delivered the defective item, unless otherwise agreed by the parties. If the Buyer does not collect the item within six months from the date when they were supposed to collect it, the Seller may sell the item. If it is an item of significant value, the Seller shall notify the Buyer of the intended sale in advance and provide a reasonable additional period for the Buyer to collect the item. The Seller shall promptly pay the Buyer the proceeds from the sale of the item, after deducting the costs reasonably incurred for its storage and sale, if the Buyer claims the right to a share of the proceeds within a reasonable period specified by the Seller in the notice of the intended sale of the item. The Seller may destroy the item at their own expense if it could not be sold or if the expected proceeds from the sale would not even cover the costs reasonably incurred by the Seller for the storage of the item, and the costs that the Seller would necessarily incur for its sale.

7.6. The Seller shall ensure the removal of the item and the installation of the repaired or replacement item if the replacement or repair requires the removal of the defective item that was installed in accordance with its nature and purpose before the defect manifested. The Seller and the Buyer may agree that the removal of the item and the installation of the repaired or replacement item will be carried out by the Buyer at the expense and risk of the Seller.

7.7. When remedying a defect by replacing the item, the Seller does not have the right to compensation for damage caused by normal wear and tear of the item or for remuneration for the normal use of the item before its replacement.

7.8. The Seller is liable for defects in the replacement item according to § 619 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended.

7.9. The Buyer has the right to a reasonable discount on the purchase price or may withdraw from the purchase agreement without providing an additional reasonable period according to § 517 section 1 of Act No. 40/1964 Coll. Civil Code, as amended, if:

a) the Seller has neither repaired nor replaced the item,
b) the Seller has neither repaired nor replaced the item in accordance with § 623 sections 4 and 6 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended,
c) the Seller refused to remove the defect according to § 623 section 2 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended,
d) the item has the same defect despite repair or replacement,
e) the defect is of such a serious nature that it justifies an immediate discount on the purchase price or withdrawal from the purchase agreement, or
f) the Seller has declared or it is apparent from the circumstances that the defect will not be removed within a reasonable period or without causing significant inconvenience to the Buyer.

7.10. The discount on the purchase price must be proportionate to the difference between the value of the sold item and the value the item would have if it were without defects.

7.11. The Buyer cannot withdraw from the purchase agreement according to clause 7.9 if the Buyer contributed to the occurrence of the defect or if the defect is negligible. The burden of proof that the Buyer contributed to the occurrence of the defect and that the defect is negligible lies with the Seller.

7.12. If the contract concerns the purchase of multiple items, the Buyer may withdraw from it only in relation to the defective item. The Buyer may withdraw from the contract in relation to the other items only if it cannot reasonably be expected that they would be interested in keeping the other items without the defective item.

7.13. After withdrawing from the contract or part of it, the Buyer shall return the item to the Seller at the Seller's expense. The Seller shall ensure the removal of the item that was installed in accordance with its nature and purpose before the defect manifested. If the Seller does not remove the item within a reasonable period, the Buyer may arrange for the removal and delivery of the item to the Seller at the Seller's expense and risk.

7.14. After withdrawing from the contract, the Seller shall refund the purchase price to the Buyer no later than 14 days from the date the item is returned to the Seller or upon proof that the Buyer has sent the item back to the Seller, whichever occurs first.

7.15. The Seller shall refund the purchase price to the Buyer or provide the discount on the purchase price in the same manner as the Buyer used to pay the purchase price, unless the Buyer expressly agrees to a different method of payment. All costs associated with the refund shall be borne by the Seller.

7.16. The Seller does not have the right to compensation for damage caused by normal wear and tear of the item or for remuneration for the normal use of the item before the withdrawal from the purchase agreement.

VIII. Liability for defects in digital content

8.1. The Merchant is liable for any defect that the digital content has at the time of its delivery and that manifests within two years from its delivery, if it is digital content that is delivered as a one-time provision or as a set of individual provisions.

8.2. The Merchant shall remedy the defect in the digital content within a reasonable period after the consumer reports the defect, free of charge, and without causing significant inconvenience to the consumer, considering the nature of the digital content and the purpose for which the consumer required the digital content.

8.3. The Merchant may refuse to remedy the defect if the remedy is not possible or if it would incur unreasonable costs considering all circumstances, especially the value the digital content would have without the defect and the severity of the defect.

IX. Liability for defects in services

9.1. The Contractor is liable for defects that the item has at the time it is accepted by the purchaser.

9.2. If a defect manifests within 24 months from the day the purchaser was supposed to take possession of the item, it is presumed that the defect existed at the time of acceptance. This does not apply if proven otherwise or if this presumption is incompatible with the nature of the item or the defect.

X. Final provisions

10.1. This Complaint Procedure is an integral part of the General Terms and Conditions and the Privacy Policy and Notice of this Website. The documents – General Terms and Conditions and Privacy Policy and Notice of this Website – are published on the domain of the Seller's Website.

10.2. This Complaint Procedure is valid and effective from the moment of its publication on the Seller's Website on July 1, 2024.

This online store is certified by http://www.pravoeshopov.sk

Appendix No. 1

Complaint form
Online store https://www.florbal4u.com

Communication address: Florbal s.r.o., Tomášikova 13. 821 01 Bratislava. Slovak Republic

Customer

Name and surname:
Address:
Phone number / email address:

Claimed good/service

Purchase receipt or warranty certificate number:
Name:
Purchase date:
Accessories:
Description of the defect:

 

______________________________________________________________________________

I propose that my complaint be resolved as follows /check the required/:

□  Exchange of goods   □ Repair of goods 

If the complaint is resolved by a refund and you wish to have the money sent to a bank account, please provide its number:

 

In .................................... on: …………………                                        

 

............................................

Customer's signature