Online store www.spiritofmauritius.com
I. General provisions
1.1. This complaint procedure is issued in accordance with Act no. 40/1964 Coll. The Civil Code as amended (hereinafter referred to as the “Civil Code”), Act no. 250/2007 Coll. on Consumer Protection as amended (hereinafter referred to as the “Consumer Protection Act”), Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the Seller, as amended, and Act no. 22/2004 Coll. on electronic commerce as amended. And regulates the legal relationship between the Seller, which is:
1.2. The seller is the company
Business name: LENOX pharm sro
LENOX pharm s.r.o
Miloš Janoška 369/13
059 38 Strba
Registered in the register of the District Court Prešov, Section Sro, File number 31036 / P
ID: 47 976 764
Bank account: SK49 8330 0000 0023 0188 9236
The seller is not a VAT payer / Value added tax /
(hereinafter also “Seller”) and any person who is the Buyer of goods or services offered by the Seller in the Seller's Online Store and who acts as a consumer in accordance with the provisions of the General Terms and Conditions published in the Seller's online store, these Complaints Rules and applicable laws consumer, in accordance with the valid legislation of the Slovak Republic, especially the laws: Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the Seller, as amended, Act no. 250/2007 Coll. On consumer protection as amended and Act no. 40/1964 Coll. Civil Code as amended
1.3. Email contact and telephone contact to the Seller is:
Tel. No .: +421 915963093
1.4. The address for sending documents, complaints, withdrawals from contracts and is:
LENOX pharm s.r.o
Miloš Janoška 369/13
059 38 Strba
1.5. These Complaints Rules regulate the rights and obligations of the Buyer, who is a consumer in exercising the rights from defects of things (goods) or services in accordance with the concluded purchase contract at a distance with the Seller through the Seller's e-shop www.spiritofmauritius.com
1.6. The Buyer is any person (natural person or legal entity) who has sent the order via the electronic order form using the Seller's website, or other means of distance communication.
1.7. The consumer is the Buyer, who is a natural person and who, when concluding a purchase contract through the Seller's Internet shop, does not act within the scope of his business activities.
1.8. This complaint procedure regulates the legal relations between the Buyers, who are consumers and the Seller. With the exception of point 4.12. of these Complaints Procedure (Seller's statement of the warranty period in the event that the Buyer does not act as a consumer).
1.9. Products (hereinafter also "Things") are goods, services and electronic content not delivered on a tangible medium, which are intended for sale and are also published in the Seller's Online Store.
2.1.The relations arising from the Seller's liability for defects in goods or services (as well as other legal relations that may arise from the contractual relationship) with natural persons who do not act within the scope of their business (consumers) when concluding the purchase contract, apply except general provisions of Act No. 40/1964 Coll. Civil Code as amended, as well as special regulations, especially Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the Seller and Act no. 250/2007 Coll. On consumer protection.
2.2. Legal relations arising from the exercise of rights from liability for defects between the Seller and the Buyer, which is a legal entity or a natural person entrepreneur who acts in the course of his business activities / persons who are not in the position of consumers / are governed by Act no. 513/1991 Coll. Commercial Code as amended. With the exception of point 4.12. of these Complaints Procedure (Seller's statement of the warranty period in the event that the Buyer does not act as a consumer).
2.3. Pursuant to §3, par. 1, letter n), Act no. 102/2014 Coll. The Seller informs the consumer that there are no special codes of conduct to which the Seller has committed itself to complying with them, where the Code of Conduct means an agreement or set of rules defining the conduct of the Seller who has undertaken to comply with this Code of Conduct in relation to to one or more specific commercial practices, or commercial sectors, if these are not provided for by law, or other legislation or measure of a public authority) which the seller has undertaken to comply with, and the way in which the consumer may become acquainted with them or obtain them. wording.
III. Seller's liability for defects in products (goods and services)
3.1. The seller is obliged to deliver the thing (goods) or service in accordance with the concluded purchase contract, ie in the required quality, quantity and without defects (factual, legal).
3.2. The Seller is responsible for defects in the thing sold or the service when taken over by the Buyer. If the items are not used, the Seller is responsible for defects that occur after taking over the item during the warranty period (warranty). The Seller recommends to the Buyer to claim defects of goods or services from the Seller without undue delay. In the case of used items, the Seller is not liable for defects caused by their use or wear. In the case of items sold at a lower price, it is not liable for the defect for which the lower price was agreed.
3.3. The buyer is entitled to inspect the sold item or service before taking over.
IV. Warranty period
4.1. The warranty period is 24 months. The warranty period for the used item is 12 months. Warranty periods begin to run from the receipt of the item or service by the Buyer.
4.1.1. The Buyer must exercise the rights from the liability for defects in matters that perish quickly, no later than on the day following the purchase; otherwise the rights expire.
4.1.2.The warranty period for consumer goods is 24 months. However, if the expiry date is indicated on the goods, in which case the time limit shall be reduced only to the date indicated on the packaging of the goods.
4.1.3.For foods where the date of minimum durability is indicated, the guarantee period shall be valid until that date.
4.2.If it is not about things that spoil quickly or used things, the Seller is responsible for defects that occur after taking over the goods during the warranty period (warranty). The warranty period is 24 months. If the period of use is marked on the item sold, its packaging or the instructions attached to it, the warranty period does not end before the expiration of this period.
4.3.If it is a used item, the Buyer and the Seller may agree on a shorter warranty period, but not shorter than 12 months.
4.4.In the case of items intended to be used for a longer period, special regulations provide for a warranty period of more than 24 months. A warranty period exceeding 24 months may apply to only some part of the item.
4.5. At the request of the Buyer, the Seller is obliged to provide a guarantee in writing (warranty certificate). If the nature of the matter allows it, it is sufficient to issue a proof of purchase instead of a guarantee certificate.
4.6. By a statement in the guarantee certificate issued to the Buyer or in advertising, the Seller may provide a guarantee exceeding the scope of the guarantee stipulated in this Act. In the warranty card, the Seller shall specify the conditions and scope of this warranty.
4.7. The warranty periods begin to run from the takeover of the item by the Buyer. If the purchased item is to be put into operation by an entrepreneur other than the Seller, the warranty period will start to run from the date of putting the item into operation, if the Buyer ordered the commissioning no later than three weeks after taking over the item and properly and timely provided the necessary cooperation.
4.8.If there is an exchange for a new item, the warranty period begins to run again from the receipt of the new item.
4.9.If there is an exchange of a part of a new case, where the nature of the case allows it. The warranty period for this part will start to run again from the receipt of the new item. The same applies if a part of the item for which a guarantee has been provided is replaced.
4.10.The rights from the liability for defects of the item for which the warranty period applies shall expire if they are not exercised during the warranty period.
4.11. The warranty period is extended by the time for which the goods were in the complaint. The rights from the liability for defects of the goods, for which the warranty period applies, expire if they were not exercised during the warranty period.
4.12. In connection with § 429, par. 2 of Act no. 513/1991 Coll. The Commercial Code, as amended, the Seller declares that in the case of the length of the warranty period in business relations between the Seller and the Buyer, which does not act as a consumer. The seller takes over the warranty for the quality of the goods for a period of 12 months. The warranty period begins to run in accordance with the provisions of Art. IV, point 4.1 of these Complaints Procedure.
V. Procedure for exercising rights from liability for defects (Complaints)
5.1. The buyer is entitled to exercise the rights from liability for defects of goods, goods or services at the address: LENOX pharm, Scherffelova 1375, Poprad 05801, Slovak Republic
The Buyer may always exercise the right to file a complaint in person at any of the Seller's premises, in which the receipt of a complaint is possible due to the nature of the matter, or at the Seller's registered office, or through third parties, e.g. transport companies, courier companies, Slovenská pošta ai. The Seller recommends to the Buyer to use this Complaint Form to file a complaint.
In the event of a complaint, the Seller recommends that the Buyer provide an invoice, warranty card, or other document proving the purchase of the claimed goods or services from the Seller. The Seller recommends that the Buyer describe the defect of the goods or services when making a complaint.
5.1.1. If the Buyer complains about the goods or services other than in person, the Seller recommends to the Buyer to send the goods together with a detailed description of the defect of the goods and a document proving the purchase of goods from the Seller (eg proof of payment, invoice, warranty card), due to the acceleration of the complaint process.
5.1.2. In case of a complaint, we recommend sending the goods in the recommended form. The Seller recommends not sending the goods in the form of a cash on delivery, which will not be taken over by the Seller.
5.1.3. The seller is obliged to issue a confirmation to the consumer when making a complaint. If the complaint is made by means of long-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 proof of the complaint; a confirmation of the claim need not be delivered if the consumer has the opportunity to prove the claim in another way.
5.1.4. The Seller is obliged to issue a written document on the handling of the complaint no later than 30 days from the date of the complaint, but no later than together with the document on the handling of the complaint, if the period for its settlement began to run from the day the seller took over the subject of the complaint.
5.2. The settlement of the complaint does not affect the consumer's right to compensation under a special regulation.
5.3. The seller is obliged to determine the method of handling the complaint according to § 2 letter. m) of Act no. 250/2007 Coll. as amended (handling the complaint means the termination of the complaint procedure by handing over the repaired product, product replacement, return of the purchase price of the product, payment of a reasonable discount on the product price, written request to take over or reasoned rejection) immediately, in complex cases within 3 working days days from the date of the complaint, in justified cases, especially if a complex technical assessment of the condition of the product or service is required, no later than 30 days from the date of the complaint. After determining the method of handling the complaint, the complaint will be settled immediately, in justified cases, the complaint can be settled later; however, the settlement of the complaint may not take longer than 30 days from the date of the complaint. If the subject of the complaint is taken over by the seller on a later day than the day of the complaint, the deadlines for settling the complaint under this paragraph shall begin from the day of the takeover of the subject by the seller; however, at the latest from the moment when the seller prevents or prevents the takeover of the subject of the complaint. After the expiration of the period for handling the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the product (the subject of the complaint) for a new product.
5.4.If the consumer has filed a complaint about the product during the first 12 months from the purchase, the Seller may handle the complaint by rejection only on the basis of professional assessment; Irrespective of the outcome of the peer review, the consumer may not be required to pay the costs of the peer review or other costs related to the peer review. The seller is obliged to provide the consumer with a copy of the expert assessment justifying the rejection of the complaint no later than 14 days from the date of handling the complaint.
5.5. If the consumer has filed a complaint about the product 12 months after the purchase and the Seller has rejected it, the person who handled the complaint is obliged to state in the document on the handling of the complaint to whom the consumer can send the product for professional assessment. If the product is sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other related purposefully incurred costs, shall be borne by the Seller, regardless of the result of the expert assessment. If the consumer proves by professional assessment the responsibility of the Seller for the defect, he can file a complaint again; the warranty period does not run during the professional assessment. The seller is obliged to reimburse the consumer within 14 days from the date of re-application of the complaint all costs incurred for professional assessment, as well as all related purposefully incurred costs. A re-submitted claim cannot be rejected.
5.6.The consumer is entitled to reimbursement of the necessary costs (especially postage, which he paid when sending the claimed goods), which arose in connection with the exercise of legitimate rights from liability for defects of goods and services. In the event of withdrawal due to an error in the thing or service, the consumer is also entitled to reimbursement of the costs of such withdrawal.
5.7.Assessment requirements within the meaning of point 5.4 of this Article:
The expert assessment must include:
a) identification of the person performing the expert assessment,
b) the exact identification of the product under consideration,
c) description of the condition of the product,
d) the result of the assessment,
e) the date of the expert assessment.
5.8. If the nature of the product allows it, the consumer will hand over the product to the Seller (designated person) when making a complaint. If the nature of the product does not allow the product to be delivered to the seller (designated person), the consumer may request the elimination of the defect at the place where the product is located or agree on the method of transporting the product with the seller (designated person).
5.9. The period from the exercise of the right of liability for defects until the time when the Buyer was obliged to take over the item after the repair, does not count towards the warranty period. The Seller is obliged to issue the Buyer a confirmation of when he exercised the right, as well as of the repair and its duration.
VI. Buyer's rights in exercising the rights from liability for defects
6.1. In the case of a defect that can be rectified, the Buyer has the right to have it rectified free of charge, in good time and properly. The seller is obliged to eliminate the defect without undue delay.
6.2. The Buyer may, instead of eliminating the defect, request an exchange of the item, or if the defect concerns only a part of the item, a replacement of the part, if the Seller does not incur disproportionate costs due to the price of goods or the severity of the defect.
6.3. Instead of eliminating the defect, the Seller may always replace the defective item with a perfect one, if this does not cause serious difficulties for the Buyer.
6.4.If it is a defect that cannot be removed and which prevents the thing from being properly used as a thing without defects, the Buyer has the right to exchange the thing or has the right to withdraw from the contract. The same rights belong to the Buyer in the case of remediable defects, but if the Buyer cannot properly use the thing due to the recurrence of the defect after repair or due to a larger number of defects.
6.5. In the case of other irreparable defects, the Buyer is entitled to a reasonable discount on the price of the item.
VII. Final provisions
7.1. This Complaints Procedure forms an integral part of the General Terms and Conditions and the Principles and Instructions on the Protection of Personal Data of this online store. The documents - General Terms and Conditions and the Principles and Instructions on the protection of personal data of this online store are published on the domain of the Seller's Internet store.
7.2. In the event of a change in the Complaints Procedure, the relationship between the Buyer and the Seller shall be governed by the Complaints Procedure valid and effective upon the conclusion of the Purchase and Sales Agreement, up to the moment of its termination.
7.3.This complaint procedure is valid and effective at the time of its publication in the online store Seller on 15.02.2021
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