Complaints Procedure

COMPLAINTS AND WARRANTY TERMS AND CONDITIONS

Best Glasses, Mostná ulica 13, 949 01 Nitra

Operator (seller): PROJECT PLUS s.r.o, Svätoplukovo námestie 3, 949 01 Nitra

These complaint rules have been drawn up in accordance with the Civil Code (Act No. 40/1964 Coll.) and Act No. 250/2007 Coll. on consumer protection and on amendments to Act No. 372/1990 Coll. on Offenses, as amended, and applies to consumer goods (hereinafter referred to as "goods") for which the buyer's rights arising from liability for defects (hereinafter referred to as "Complaints") are exercised during the warranty period.

Only goods purchased on the seller's e-shop website that show defects caused by the manufacturer, supplier, or seller and are covered by the warranty can be claimed.

Goods sold from April 1, 2004, are covered by a statutory warranty period of 24 months for consumers. If the buyer is an entrepreneur and purchases the product for business purposes, the warranty period is governed by the manufacturer's warranty conditions in accordance with Section 429(2) of the Commercial Code. At the buyer's request, the seller is obliged to provide a warranty in writing, i.e., to issue a warranty certificate. If the nature of the item allows, it is sufficient to issue a proof of purchase instead of a warranty certificate. By a statement in the warranty certificate, the seller may provide a longer warranty period than the statutory one (i.e., more than 24 months). Warranty periods begin to run from the moment the buyer takes delivery of the item. The warranty does not cover defects for which a lower price was agreed. If the goods are replaced as a result of a complaint, the warranty period begins again from the date of receipt of the new item. The same applies if a part covered by the warranty is replaced. After the warranty period has expired, the right to make a claim expires. The consumer must not continue to use the item on which the defect was found.

Liability for defects

In the case of a removable defect, the consumer has the right to have it removed free of charge, in a timely manner and properly. The seller decides how to remove the defect and is obliged to remove it without undue delay. 

In the event of an irremovable defect that prevents the proper use of the item for its intended purpose, the consumer has the right to either exchange the item or withdraw from the contract (refund).

If the item has at least three different removable defects, each of which prevents its proper use, the consumer has the right to decide whether to exercise the right to exchange the goods or to receive a refund. The consumer has the same right if the same defect, which has been repaired at least twice, occurs for the third time during the warranty period.

Defects that cannot be removed but do not prevent the proper use of the item - in such cases, the consumer has the right to a reasonable discount on the price. The amount of the discount is a matter of agreement between the buyer and the seller.

Place and method of filing complaints

The customer may file a complaint in person at the seller's showroom or by mail or email at: info@poharebest.sk. The customer proves the purchase of the goods subject to complaint from the seller by means of a proof of purchase or invoice.

The customer shall deliver the goods subject to complaint to the following address: Poháre BEST, Mostná 13, 949 01 Nitra.

Once the customer exercises any of their rights of liability for defects in the goods, such as the right to have the defect removed or a discount, they are bound by this expression and cannot change the choice of the right exercised unless otherwise agreed with the seller.

If it is necessary to send the goods to the seller, the buyer shall ensure that the goods are packed in suitable packaging that adequately protects the goods and meets the requirements for the transport of fragile goods, and shall mark the shipment with the appropriate symbols.

If the goods subject to complaint are delivered by post or courier to the address: Poháre Best, Mostná ulica 3, 949 01 Nitra, the responsible person shall take delivery of the goods, check the shipment and documentation (invoice, proof of purchase, packaging). The decisive date for the complaint period is the date of receipt from the courier or postal delivery service. We recommend that you insure the goods you send. We do not accept cash on delivery shipments. In the event of any complaint, the buyer shall inform the seller of the complaint and agree with them on the most appropriate form of complaint procedure.

Handling of complaints

The seller is obliged to determine the method of handling the complaint depending on the nature of the defect immediately, in complex cases within 3 working days at the latest, in justified cases, especially if a complex technical assessment of the condition of the product or service is required, within 30 days of the complaint being made at the latest.

After determining the method of handling the complaint, the complaint shall be handled immediately; in justified cases, the complaint may be handled later; however, the handling of the complaint may not take longer than 30 days. After this period, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new one.

The complaint is handled by completing the complaint procedure by handing over the repaired product, replacing the product, refunding the purchase price of the product, paying an appropriate discount on the price of the product, a written request to accept the performance or its justified rejection.

If the consumer has made a complaint about the product within the first 12 months of purchase, the seller may only reject the complaint on the basis of an expert assessment; regardless of the result of the expert assessment, the consumer cannot be required to pay the costs of the expert assessment or other costs related to the expert assessment. The seller is obliged to provide the consumer with a copy of the expert assessment justifying the rejection of the complaint within 14 days of the date of handling the complaint.

If the consumer made a complaint about the product more than 12 months after purchase and the seller rejected it, the person who handled the complaint is obliged to state in the complaint handling document to whom the consumer can send the product for expert assessment. If the product is sent for expert assessment to the designated person, the costs of the expert assessment, as well as all other related reasonable costs, shall be borne by the seller, regardless of the outcome of the expert assessment. If the consumer proves the seller's responsibility for the defect through expert assessment, they may file the complaint again; the warranty period does not expire during the expert assessment. The seller is obliged to reimburse the consumer within 14 days of the date of the renewed complaint for all costs incurred for the expert assessment, as well as all other related reasonable costs. A re-submitted complaint cannot be rejected. If the complaint is filed by means of distance communication, the seller is obliged to deliver the confirmation of the complaint to the consumer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the document confirming the handling of the complaint. Confirmation of the complaint does not have to be delivered if the consumer has the possibility to prove the complaint in another way.

When a complaint is filed, the seller is obliged to issue a confirmation to the consumer and to issue a written document on the settlement of the complaint no later than 30 days from the date of filing the complaint.

The responsible person will immediately contact the customer about the handling of the complaint within the statutory period by e-mail, SMS, or registered letter.

After the complaint has been properly resolved, the seller will contact the buyer by phone, email, or another method agreed upon with the buyer to pick up the goods, or, upon mutual agreement, the goods will be delivered to the buyer by registered mail together with the complaint report.

Final provisions

These complaint rules come into effect on January 1, 2019. The complaint rules are subject to change.