Complaints

Complaints Procedure

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1. Introductory Provisions

• 1.1. The company DOUBLE RED Design s. r. o., with its registered office at Štúrova 20, Brezno, 977 01, registered in the Commercial Register of the District Court of Banská Bystrica, Section: Sro, Insert No. 29268/S, Company ID: 50182218 (hereinafter referred to as the "Seller"), operates an online store at www.doublered.eu (hereinafter referred to as the "online store").
  
  
• 1.2. The Seller issues this Complaints Procedure in accordance with the relevant provisions of Act No. 250/2007 Coll. on Consumer Protection and on the amendment of the Slovak National Council Act No. 372/1990 Coll. on Offences, as amended (hereinafter also referred to as the "Consumer Protection Act"), Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises and on the amendment of certain acts (hereinafter also referred to as the "Act on Consumer Protection in the Sale of Goods under a Distance Contract"), whereby the Seller, through this Complaints Procedure, informs consumers about the conditions and method of complaints, the procedures for applying and handling complaints, grievances, and suggestions from consumers, including information on where a complaint can be filed and about the performance of warranty repairs concerning goods purchased in the online store.
  
  
• 1.3. This Complaints Procedure, including the provided warranty, does not apply to goods or claims for defects in goods purchased in the online store by any person who, for the purposes of the Consumer Protection Act or the Act on Consumer Protection in the Sale of Goods under a Distance Contract, is not considered a consumer. The rights and obligations arising from the assertion of claims for defects in goods, as well as the procedure and method of handling asserted claims for defects in goods, shall in the case of the preceding sentence be governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, and possibly other related regulations governing the status and assertion of claims for defects in goods between business entities.

2. Liability for Defects of Sold Goods

2.1. The rights and obligations of the contracting parties concerning the consumer's rights from defective performance and the Seller's liability for defects of the sold goods are governed by the provisions of § 619 et seq. of the Civil Code, and also by the relevant provisions of the Consumer Protection Act.

2.2. The Seller is liable for defects that the sold goods have upon their acceptance by the consumer. If the subject of the purchase contract is used goods, the Seller is not liable for defects caused by their use or wear. For goods sold at a lower price, the Seller is not liable for the defect for which the lower price was agreed. The Seller is also not liable for defects in goods of which the consumer was notified at the time of concluding the purchase contract.

 

3. Warranty Period

3.1. The consumer is provided with a 24-month warranty period for the delivered goods. By a declaration in the warranty certificate issued to the consumer, the Seller may provide a warranty for selected types of goods that exceeds the period specified in the preceding sentence, in which case the Seller will specify the conditions and scope of this warranty in the warranty certificate.

3.2. If the subject of the purchase contract is used goods, the Seller and the consumer may also agree on a shorter warranty period, but not less than 12 months.

3.3. The warranty period begins to run from the moment the item is taken over by the consumer. Rights from liability for defects of the goods for which the warranty period applies will expire if they are not exercised within the warranty period.

3.4. The warranty period does not apply to goods obtained for free, within the 1+1 free promotion.

 

4. Consumer's Rights from Liability for Defects of Goods

4.1. A change in the properties of the goods that occurred during the warranty period (i) as a result of its wear and tear, improper use, insufficient or inappropriate maintenance, (ii) as a result of natural changes in the materials from which the goods are made, (iii) as a result of any damage by the consumer or a third party or other incorrect intervention, is not considered a defect of the goods.

4.2. If the consumer complains about goods in connection with a removable defect, the consumer has the right to:

• free, timely, and proper removal of the claimed defect,
• exchange of the goods or a component of the goods, if this does not cause unreasonable costs for the Seller with regard to the price of the goods or the severity of the defect,
• exchange of the goods, if the consumer cannot properly use the goods due to the repeated occurrence of the defect after repair or due to a larger number of defects.

4.3. If the consumer complains about goods in connection with an irremovable defect that prevents the goods from being properly used as goods without a defect, the consumer has the right to:

• exchange of the goods,
• withdraw from the contract.

 

4.4. If the consumer complains about goods in connection with another irremovable defect than that stated in the previous paragraph (e.g., in connection with an irremovable defect that does not prevent the goods from being properly used as goods without a defect), the consumer has the right to a reasonable discount on the price of the item.

4.5. The consumer has the right to reimbursement of necessary costs incurred by the consumer in connection with exercising the right from liability for defects.

 

5. Procedure for Exercising Liability for Defects of Goods - Complaint

 

5.1. The consumer must claim defects in the goods from the Seller without undue delay after discovering the defect.

5.2. The consumer exercises the rights arising from liability for defects of the goods with the Seller

• by post, together with a copy of the tax document and the reason for the complaint, sent to the address of the Seller's registered office - DOUBLE RED, Štúrova 20, 977 01 Brezno, Slovakia. The Seller recommends that the consumer send the claimed goods to the Seller as at least a registered mail shipment in order to be able to prove the sending of the shipment in case of its loss.

The moment of exercising liability for defects of the goods - the complaint - is considered to be the moment of delivery of the claimed goods together with all legally required documents and accessories to the Seller.

5.3. A proof of purchase, which also serves as a warranty certificate (warranty card), is attached to every item purchased from the Seller upon its delivery to the consumer. Only goods purchased from the Seller that are fully paid for can be claimed.

5.4. For a proper and timely handling of the complaint, the Seller recommends that the consumer describe the defect for which the goods are being claimed as accurately as possible, with the Seller being obliged to deal only with the defect of the goods that has been claimed by the consumer. The Seller recommends filling out the sample complaint form for this purpose.

5.5. When exercising liability for defects of the goods, the consumer is obliged to prove that they purchased the claimed goods from the Seller. For this purpose, the Seller recommends presenting, in particular, the proof of purchase.

5.6. If the consumer files a complaint, the Seller or their authorized employee is obliged to instruct the consumer on their rights arising from the exercise of claims from liability for defects of the goods during the warranty period according to the Civil Code and, based on the consumer's decision on which of these rights to exercise, the Seller or their authorized employee will determine the method of handling the complaint immediately, in complex cases no later than 3 (three) working days from the date of the complaint, in justified cases, especially if a complex technical assessment of the condition of the goods 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 handled immediately; in justified cases, the complaint may also be handled later; however, the handling of the complaint must not take longer than 30 days from the date of the complaint. After the deadline for handling the complaint has expired, the consumer has the right to withdraw from the purchase contract or has the right to exchange the goods for new goods.

5.7. For the purposes of this Complaints Procedure, handling of the complaint means the termination of the complaint procedure by (i) handing over the repaired goods, (ii) exchanging the goods, (iii) returning the purchase price of the goods, (iv) paying a reasonable discount on the price of the goods, (v) a written invitation to take over the performance, or (vi) its justified rejection.

5.8. When a complaint is made, the Seller will issue a confirmation of the complaint to the consumer. If the complaint is made through means of distance communication, the Seller is obliged to deliver the confirmation of the complaint immediately; if it is not possible to deliver the confirmation immediately, the Seller will deliver it without undue delay, but at the latest together with the document on the handling of the complaint; the confirmation of the complaint does not have to be delivered if the consumer has the opportunity to prove the complaint in another way. The confirmation of receipt of the complaint will contain, among other things, the identification of the Seller and the consumer, what the content of the complaint is according to the consumer, what method of handling the complaint is requested, the date and place of receipt of the complaint, and the signature of the Seller's employee.

 

6. Procedure for Handling a Complaint

 

6.1. If the consumer has claimed the goods within the first 12 months of the conclusion of the purchase contract, the Seller may handle the complaint by rejection only on the basis of a written opinion of an expert or a statement issued by an authorized, notified or accredited person or a statement of a person authorized by the manufacturer to carry out warranty repairs (hereinafter also referred to as "expert assessment"). Regardless of the outcome of the expert assessment, the Seller cannot require the consumer to pay the costs of the expert assessment of the goods or any other costs related to the expert assessment of the goods.

6.2. The Seller will 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.

6.3. If the consumer has claimed the goods after 12 months from the conclusion of the purchase contract 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 goods for expert assessment. If the consumer sends the goods for expert assessment to the designated person specified in the document on the handling of the complaint, the costs of the expert assessment of the goods, as well as all other related reasonably incurred costs, shall be borne by the Seller, regardless of the outcome of the expert assessment. If the consumer proves by expert assessment the Seller's liability for the claimed defect of the goods, they may file the complaint again; during the performance of the expert assessment of the goods, the warranty period does not run. The Seller is obliged to reimburse the consumer within 14 days from the date of the re-filed complaint all costs incurred for the expert assessment of the goods, as well as all related reasonably incurred costs. A re-filed complaint cannot be rejected.

6.4. The Seller is obliged to inform the consumer that the complaint has been handled and in what way, to the e-mail address provided in the complaint or through other contact details by which the consumer can be notified of the handling of the complaint. In this notification, the Seller will state the deadline for picking up the claimed goods. 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.

6.5. In the event that the consumer does not pick up the claimed goods within the period specified by the Seller, the Seller is entitled to charge a reasonable storage fee or to sell the goods on their own initiative on behalf of the consumer. The Seller must notify the Consumer of this procedure in advance and provide them with a reasonable and sufficient period to take over the goods.

 

7. Final Provisions

 

7.1. This Complaints Procedure forms an integral part of the Seller's terms and conditions, and in accordance with the provisions of § 18 par. 1 of the Consumer Protection Act, it is placed in a visible place accessible to the consumer, at each of the Seller's "delivery of joy" points as well as on the website of the online store.

7.2. In the event of a different regulation stated in this Complaints Procedure and in the Seller's terms and conditions, the wording of this Complaints Procedure shall prevail.

7.3. The Seller is entitled to change the wording of this Complaints Procedure at any time, with the new wording becoming effective upon its publication.

Please note that all product photos on the website www.doublered.eu may differ in detail from the actual delivered goods.

 

 Alternative Dispute Resolution (ADR)

 

According to Act No. 250/2007 Coll. on Consumer Protection and Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises, the consumer has the option to turn to an alternative dispute resolution entity in cases provided for by Act No. 391/2015 Coll. on Alternative Dispute Resolution.

The consumer can submit a proposal to initiate an alternative dispute resolution through the alternative dispute resolution platform.

The consumer has the right to contact the Seller with a request for redress if they are not satisfied with the way the Seller has handled their complaint or if they believe that the Seller has violated their rights. If the Seller responds to the consumer's request with a rejection or does not respond to it at all within 30 days of its dispatch, the consumer has the right to file a proposal to initiate an alternative dispute resolution (hereinafter referred to as "ADR"). Only disputes arising from the contract between the Seller and the consumer and disputes related to this contract can be resolved through ADR, with the exception of disputes according to Art. § 1 par. 4 of Act No. 391/2015 Coll. and disputes whose value does not exceed 20 EUR. The proposal to initiate ADR is submitted to an ADR entity according to Art. § 3 of the cited Act, using the designated platform or form, the template of which is Annex No. 1 to the cited Act. The ADR entity may require the consumer to pay a fee for initiating ADR, but not more than 5 EUR including VAT. If several entities are competent for ADR, the consumer has the right to choose which of them to submit the proposal to. In addition to ADR, the consumer has the right to turn to the competent general or arbitration court in terms of subject matter and location.

A list of alternative dispute resolution entities can be found on the website of the Ministry of Economy of the Slovak Republic – www.mhsr.sk.