Complaints procedure
I. INTRODUCTORY PROVISIONS
- This Complaints Procedure, in accordance with the provisions of Section 18 et seq. of Act No. 250/2007 Coll. on Consumer Protection, amending Act of the Slovak National Council No. 372/1990 Coll. on Minor Offences, as amended, and Sections 619 to 627 of Act No. 40/1964 Coll., the Civil Code, as amended, governs the procedures for accepting and handling complaints and sets out the rights and obligations of the seller – CORNER SK spol. s r. o., with its registered office at Trnavská cesta 17065/100, 821 01 Bratislava, registered in the Commercial Register of the Municipal Court Bratislava III, Section Sro, File No. 7477/B, Company ID: 31377971, Tax ID: 2020303087, VAT ID: SK2020303087 (hereinafter referred to as the "Seller") – and buyers (consumers, hereinafter referred to as the "Buyer") regarding complaints concerning goods and services provided by the Seller.
- This Complaints Procedure regulates the scope, conditions, and method of exercising rights arising from liability for defects in goods and services covered by a warranty and purchased by the Buyer from the Seller pursuant to the provisions of Act No. 40/1964 Coll., the Civil Code, as amended, governing the sale of goods in stores. It also specifies the locations where the Buyer may exercise the right to file a complaint and request the remedy of defects that occurred after delivery during the warranty period or that existed at the time of delivery, together with the related rights and obligations of both the Seller and the Buyer.
II. LIABILITY AND OBLIGATIONS OF THE SELLER
- The Seller shall be liable to the Buyer for ensuring that the goods and services purchased from the Seller:
- a) possess the required quality and utility characteristics, comply with the operating and technical parameters specified by the manufacturer, and are approved for their intended use in accordance with the applicable laws and regulations of the Slovak Republic;
- b) comply with all applicable health, hygiene, and other legal requirements;
- c) are free from defects;
- d) are sold at the price valid at the time of the offer and sale, and that such price has been charged correctly.
- The Seller's liability under paragraph 1 shall equally apply to goods and services purchased at discounted prices as part of promotional offers, provided that the Buyer has met the specific conditions agreed upon for obtaining such discount.
- Upon sale, the Seller shall issue the Buyer with proof of purchase for the goods and services in the form required by applicable law. Where required by the nature of the goods or services, the Seller shall also provide the Buyer with a warranty certificate and written instructions for use.
- If the nature of the goods permits, the Seller shall, upon the Buyer's request, demonstrate the functionality of the goods at the time of sale.
III. BUYER'S RIGHT TO MAKE A CLAIM
- The Buyer has the right to make a claim regarding defects found in purchased goods or services.
- The Buyer shall exercise the right to claim a defect existing at the time of delivery or occurring after delivery without undue delay, but no later than the expiry of the warranty period. If the Buyer fails to exercise the right within the warranty period, such right shall expire. Claims relating to perishable goods must be made no later than the day following the purchase; otherwise, such rights shall lapse.
- The Seller shall be liable for defects that:
- a) existed at the time the Buyer accepted the goods;
- b) occurred during the warranty period after the Buyer accepted the goods.
- The Seller shall not be liable for defects:
- a) arising after the expiry of the warranty period or claimed only after its expiry;
- b) where the Buyer fails to prove, by means of a proof of purchase or another sufficiently reliable document, that the claimed goods or services were purchased from the Seller and that the warranty period has not yet expired;
- c) claimed after the expiry of the warranty period unless the Buyer proves, by presenting a warranty certificate or another sufficiently reliable document, that the Seller provided a longer warranty period than that prescribed by applicable law;
- d) caused by the Buyer or a third party, or resulting independently of their actions due to force majeure events;
- e) resulting from improper use, use for purposes other than those intended, unauthorized modifications or repairs;
- f) resulting from failure to follow the instructions or express warnings provided to the Buyer, or caused by improper storage, use, or keeping of the goods in unsuitable conditions.
IV. WARRANTY PERIOD
- The warranty period is 24 months and begins on the date the Buyer takes delivery of the goods or services.
- If a different period of use is indicated on the goods sold, their packaging, or the instructions supplied with them, the warranty period shall not expire before the end of such period.
- For goods sold at a reduced price due to a defect, the warranty period shall be 24 months; however, defects for which the reduced price was granted are excluded from the warranty.
- The warranty period for used goods shall be 12 months.
- Unless the goods are perishable or used, the Seller shall be liable for defects occurring after delivery during the warranty period.
- The Seller may provide a warranty exceeding the statutory warranty period. The conditions and scope of such extended warranty must be specified on the proof of purchase or in the warranty certificate.
- The period between the date on which the Buyer exercises rights arising from liability for defects and the date on which the Buyer is obliged to collect the goods after repair or after completion of the claims procedure shall not be included in the warranty period.
V. COMPLAINT HANDLING PROCEDURE
- The Seller accepts complaints at all of its business premises through authorized employees or branch managers. An exception to this provision applies to complaints concerning goods delivered by shipment, in which case, due to the nature of the service provided, the Seller accepts complaints at the address specified on the accompanying shipping document.
- If the Seller is unable to resolve the complaint immediately, the Buyer shall be issued a written confirmation of receipt of the complaint (Complaint Report), containing the identification of the Seller and the Buyer, the name, quantity and any accessories of the claimed goods, a description of the defect, the remedy requested by the Buyer, and the estimated time for handling the complaint. Even where it is evident that the complaint will not be accepted, the Seller shall issue the Buyer with a written statement specifying the reasons for rejecting the complaint.
- If the Buyer has duly submitted a complaint which has not been accepted by the authorized employee or branch manager, and there are reasonable grounds to believe that such rejection is contrary to these Complaints Procedure or applicable legislation, or that the complaint was handled contrary to these Complaints Procedure, the Buyer is entitled to submit a written complaint regarding the handling of the complaint directly to the Seller's registered office.
- If, under these Complaints Procedure and the applicable legal regulations, the Buyer is obliged to collect the claimed goods from the Seller, or if the Seller has demonstrably requested the Buyer to collect them, the Buyer shall do so without undue delay, no later than 15 days from the date on which this obligation arose. If the Buyer fails to collect the claimed goods within this period, the uncollected goods shall be deemed to be goods held under a storage agreement pursuant to Sections 516 et seq. of Act No. 513/1991 Coll., the Commercial Code, as amended. The Seller shall be entitled to charge the Buyer a flat-rate storage fee of €2 for each commenced day of storage. If the Buyer fails to collect the claimed goods within 30 days, the Seller shall be entitled, in accordance with Section 525 of the Commercial Code, to sell the claimed goods in an appropriate manner and deduct from the proceeds the total storage charges and any other outstanding claims against the Buyer.
VI. MAKING A COMPLAINT
- The Buyer may submit a complaint orally, in writing, by telephone, by fax, or by electronic means of communication.
- The Buyer shall exercise the right to claim a defect by presenting the receipt or another accounting (tax) document proving the purchase, together with the original, complete and unaltered warranty certificate confirmed by the Seller, or any other documents reasonably requested by the Seller, clearly demonstrating that the goods were purchased from the Seller and that the warranty period has not yet expired.
- When making a complaint, the Buyer shall also present the claimed goods together with the documents referred to in the preceding paragraph or, where this is not possible due to the nature of the goods, enable the Seller to verify the existence of the claimed defect.
- When accepting a complaint, the Seller shall inform the Buyer of the Buyer's rights under the applicable legal regulations, based on which the Buyer shall choose which right is being exercised, thereby determining the method of handling the complaint.
- If the Buyer submits a complaint, the Seller shall decide on the complaint:
- a) immediately;
- b) in complex cases, within three working days. This period does not include the time necessary for an expert assessment of the defect, which may take up to thirty days. However, the complaint must not be processed later than 30 days, unless the extension was caused by the Buyer failing to provide the requested documents or other reasonably required cooperation, or unless the Buyer has requested such extension in writing.
- If the Buyer submits a complaint:
- a) within the first twelve months after purchase, the Seller may reject the complaint only on the basis of an expert assessment. Regardless of the outcome of such assessment, the Buyer shall not be required to bear the costs of the expert assessment or any related expenses.
- b) after twelve months from the date of purchase and the Seller rejects the complaint, the employee handling the complaint shall specify in the complaint resolution document the person or entity to whom the Buyer may send the goods for an expert assessment. If the expert assessment confirms that the Seller is liable for the defect, the Buyer may submit the complaint again. The warranty period shall be suspended during the expert assessment. The Seller shall reimburse the Buyer within 14 days of the renewed complaint for all costs reasonably incurred in obtaining the expert assessment and any related expenses. A renewed complaint supported by an expert assessment may not be rejected.
- If the complaint is justified and all complaint conditions have been met, the Seller shall replace the goods with new goods or repair the defect. If neither option is possible due to the unavailability of the goods, the Seller shall refund the purchase price.
- If the claimed goods can be repaired, they shall be repaired free of charge within the warranty period and without undue delay. If the defect cannot be remedied, the Buyer shall be entitled to replacement of the goods or a refund.
- Instead of requesting repair, the Buyer may request replacement of the goods or, where the defect concerns only a component, replacement of that component, provided that this does not impose disproportionate costs on the Seller considering the price of the goods or the seriousness of the defect.
- If the same defect reoccurs after repair or if multiple defects occur simultaneously during the warranty period, the Buyer shall be entitled to replacement of the goods or a refund. A repeated occurrence of the same defect means that the identical defect has occurred after at least two previous repairs. Multiple defects mean at least three different removable defects occurring simultaneously, each preventing proper use of the goods.
- If the goods are replaced, a new warranty period shall commence on the date the Buyer takes delivery of the replacement goods.
- If the Seller fails to repair the claimed goods within 30 days during the warranty period, the goods shall be deemed irreparable and the Buyer shall be entitled to replacement of the goods or a refund.
VII. SPECIAL CONDITIONS FOR CLAIMS RELATING TO GOODS DELIVERED BY SHIPMENT AND DISTANCE SALES CONTRACTS
- Where goods are delivered through a postal operator or another delivery service provider (hereinafter referred to as the "Carrier") in accordance with the applicable legal regulations, the Buyer shall file a complaint and prepare a damage report concerning the delivered shipment (e.g. torn packaging, damaged parcel, or any other signs of improper handling during transportation) at the time of delivery with the Carrier or refuse to accept such damaged shipment. If the Buyer fails to do so upon receipt, the Buyer shall lose the right to claim such damage against the Seller.
- The Buyer shall inspect the goods without undue delay immediately after receiving the shipment, carefully checking them for damage, completeness, and conformity between the contents of the shipment and the accompanying documentation (invoice). Any defects discovered under this provision must be reported to the Seller within 48 hours of receipt of the shipment. Receipt of the shipment means its delivery to the Buyer by the Carrier.
- If the Buyer wishes to submit a complaint regarding goods delivered by shipment, the Buyer shall notify the Seller in writing of the identified defects, specifying the remedy requested. The Buyer shall simultaneously send the claimed goods together with the written notice (or the complaint report available on the Seller's website) to the address stated on the accompanying document (invoice), or may submit the complaint in person at the Seller's address specified on the accompanying document (invoice).
- The Buyer's right to withdraw from the contract pursuant to the applicable legal regulations is governed by the General Terms and Conditions of the online store. The General Terms and Conditions are permanently available on the Seller's website and are also provided to the Buyer together with the order confirmation, including information on the right of withdrawal and the withdrawal form.
VIII. UNJUSTIFIED COMPLAINTS
- A complaint shall be deemed unjustified where the Buyer claims defects that do not arise from the contractual relationship between the Seller and the Buyer, are contrary to applicable legal regulations or good morals, where the facts stated in the complaint are untrue, or where the complaint is submitted after the expiry of the warranty period.
IX. GENERAL PROVISIONS
- These Complaints Procedure do not govern the Seller's liability for defects in goods where ownership was transferred to another entity on a legal basis other than a purchase agreement, or where the Seller provided the goods to another entity for testing or temporary use without transferring ownership. In such cases, the relevant agreement or other legal instrument under which the transfer or use occurred shall apply.
- If the Buyer is not satisfied with the manner in which the Seller handled the complaint, or believes that the Seller has violated the Buyer's rights, the Buyer may request redress by sending an e-mail to reklamacie@corner.sk. If the Seller rejects the request or fails to respond within 30 days of its submission, the Buyer has the right to initiate alternative dispute resolution ("ADR") in accordance with Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes, as amended. ADR entities are public authorities and authorized legal entities pursuant to Section 3 of the ADR Act, the list of which is maintained by the competent public authority (https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1). The Buyer may submit a proposal in accordance with Section 12 of the ADR Act.
- The Buyer may also submit a complaint via the Online Dispute Resolution (ODR) platform available at https://ec.europa.eu/consumers/odr/main/.
- Alternative dispute resolution applies only to disputes between the Buyer and the Seller arising from or relating to a consumer contract. ADR applies only to distance contracts. ADR does not apply to disputes where the value of the claim does not exceed €20. The ADR entity may charge the consumer a fee of up to €5 (including VAT) for initiating the ADR procedure.
- Matters not expressly governed by these Complaints Procedure shall be subject to the relevant provisions of Act No. 40/1964 Coll., the Civil Code, as amended, Act No. 250/2007 Coll. on Consumer Protection, as amended, and other applicable legal regulations.
- These Complaints Procedure shall enter into force on 1 September 2023.
Download the Complaint Report Form.