COMPLAINTS AND CLAIMS

Complaints and Claims Policy of the Online Store (E-shop) – an integral part of the General Terms and Conditions

1. A complaint may only be made regarding goods purchased from the Seller and owned by the Buyer.

2. If ownership of the goods has not yet been transferred from the Seller to the Buyer, the Seller may, in accordance with applicable legislation, process the complaint only after the purchase price has been paid in full, pursuant to Section 151a of the Civil Code.

3. If the Buyer is a consumer (a natural person who does not act within the scope of their business activities, employment or profession), all goods offered are covered by a 24-month warranty, unless otherwise stated for the particular product. The complaint shall be handled in accordance with the Consumer Protection Act and the Civil Code.

If the Buyer is not a consumer, the provisions of the Commercial Code shall apply and the warranty period is 1 year.

The warranty period begins on the day the goods are received from the carrier or directly from the Seller if the Buyer collects the goods in person.

4. The Buyer is obliged to submit a complaint to the Seller without undue delay, immediately after discovering the defect.

5. Liability for defects does not apply to defects caused by:

a. mechanical damage to the product caused by the Buyer;

b. improper handling of the product or use in a manner other than that specified in the instructions for use;

c. use of the goods under conditions that, in terms of humidity or chemical and mechanical influences, do not correspond to the natural environment;

d. neglect of care and maintenance of the goods;

e. damage to the goods caused by excessive load or strain;

f. use of the goods contrary to the conditions specified in the documentation, generally applicable principles, technical standards or safety regulations, or any other breach of the warranty conditions.

6. Liability for defects also excludes defects caused by natural disasters or other extraordinary events.

7. Liability for defects does not apply to normal wear and tear of the goods (or any part thereof) caused by their use. A shorter service life of a product therefore cannot be considered a defect and cannot be claimed as a warranty defect.

8. The defective goods must be sent to our address specified below, not by cash on delivery, or delivered personally to our contact address.

The goods must be appropriately packaged to prevent damage during transport. We recommend sending the goods by registered mail or as an insured shipment.

A copy of the proof of purchase (invoice) must be enclosed with the goods. We also recommend attaching the completed [Complaint Form].

A complaint must be submitted in writing (by post) or in person and not by email.

The shipment must be sent in a manner ensuring that it is physically delivered by a postal carrier or courier directly to our premises. Shipments addressed for collection at a post office without delivery to our premises will not be accepted.

9. The Seller shall confirm receipt of the complaint and provide the Buyer with confirmation of the complaint in an appropriate form.

The date on which the complaint is received by the Seller shall be considered the date on which the complaint was submitted.

If the confirmation cannot be provided immediately, it must be provided without undue delay, but no later than together with the document confirming the resolution of the complaint.

Confirmation of the resolution of the complaint will be provided in writing.

10. The Seller is obliged to determine the method of resolving the complaint immediately, or in complex cases within 3 days from the date the complaint was submitted.

In justified cases, particularly where a complex technical assessment of the goods is required, the method of resolving the complaint shall be determined no later than 30 days from the date the complaint was submitted.

After determining the method of resolving the complaint, the Seller shall resolve the complaint immediately. In justified cases, the complaint may be resolved later.

However, the resolution of the complaint must not take longer than 30 days from the date the complaint was submitted.

After the 30-day period for resolving the complaint has expired, the Buyer has the right to withdraw from the purchase agreement and receive a full refund, or the right to have the goods replaced with new goods.

11. Rights of the Buyer when making a complaint:

a. In the event of a removable defect, the Buyer has the right to have the defect repaired free of charge, properly and within a reasonable period. The Seller decides how the defect will be remedied.

The Buyer may request replacement of the defective item with a defect-free item instead of repair, provided that this does not result in disproportionate costs for the Seller in relation to the price of the goods or the severity of the defect.

b. In the event of an irremovable defect that prevents the proper use of the goods for their intended purpose, the Buyer has the right to either replacement of the goods, withdrawal from the purchase agreement (refund), or a reasonable reduction in the purchase price.

c. A complaint is considered resolved when the complaint procedure has been completed by handing over the repaired goods, replacing the goods, refunding the purchase price, issuing a written request to accept the performance, or providing a justified rejection of the complaint.

12. The Buyer should check the goods and the condition of the packaging upon delivery, as the goods may be damaged during transport. We recommend that the Buyer unpack and inspect the goods in the presence of the carrier.

By signing the delivery receipt, the Buyer confirms to the courier that the packaging is undamaged.

13. Out-of-Court Dispute Resolution

1. A consumer has the right to contact the Seller with a request for remedy if they are not satisfied with the manner in which the Seller handled their complaint or if they believe that the Seller has violated their rights.

The consumer has the right to submit a proposal to initiate alternative (out-of-court) dispute resolution with an alternative dispute resolution entity if the Seller responded negatively to the request referred to above or failed to respond within 30 days of its submission. This does not affect the consumer's right to take the matter to court.

2. The competent authority for the out-of-court resolution of consumer disputes arising from a purchase agreement is the Slovak Trade Inspection, with its registered office at Prievozská 32, 827 99 Bratislava, Company ID: 17 331 927.

For this purpose, the Slovak Trade Inspection can be contacted at:

Slovak Trade Inspection
Central Inspectorate
Department of International Relations and Alternative Dispute Resolution
Prievozská 32
827 99 Bratislava 27
Slovakia

Email: ars@soi.sk or adr.@soi.sk

Website: https://www.soi.sk/

The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used for resolving disputes between the Seller and the Buyer arising from a purchase agreement.

3. The European Consumer Centre Slovakia, with its registered office at Mlynské nivy 44/a, 827 15 Bratislava, Slovakia, website: http://esc-sr.sk/, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer online dispute resolution).

4. The Seller is authorised to sell goods on the basis of a trade licence. Trade licensing supervision is carried out within its competence by the relevant District Office, Department of Trade Licensing.

The Slovak Trade Inspection, within the scope of its powers, also supervises compliance with Act No. 250/2007 Coll. on Consumer Protection, as amended.

14. Contact

ERES-RACING
Jesenského 10
92001 HLOHOVEC
Slovakia

Email: info@eres-racing.sk
Phone: +421 903 246 200