Complaints Procedure

an integral part of the general terms and conditions

1. Only goods that have been purchased from the Seller and that are the property of the Consumer may be claimed.
2. If the buyer is a consumer (a natural person who does not act within the scope of his business, employment or profession), all goods offered are guaranteed for 24 months, unless otherwise specified in the goods and are subject to the Consumer Protection Act and the Civil Code and these Complaints Conditions. If the buyer has ordered a used item and the buyer has been informed of this, the warranty period is 12 months. If the buyer is not a consumer, the provisions of the Commercial Code shall apply and the warranty period shall be 1 year and these claims shall not be covered by these Complaints Conditions.
3. The warranty period begins on the day of receipt of the goods from the shipping company or directly from the seller if the buyer takes over the goods in person, on the day of their receipt.
4. The Buyer is obliged to file a claim with the Seller immediately after the defect has been detected.
5. Liability for defects does not extend to defects caused by the following use:
   1. the defect was caused by mechanical damage to the product caused by the buyer,
   2. improper handling of the product in a manner other than that specified in the instructions for use,
   3. using the goods in conditions that do not correspond to the natural environment of the goods in terms of humidity, chemical and mechanical influences, according to the instructions,
   4. neglecting the care and maintenance of the goods,
   5. damage to goods by excessive loading,
   6. use of the goods in violation of the conditions specified in the documentation, general principles, technical standards or safety regulations or other breach of warranty conditions.
6. Defects caused by natural disasters are also excluded from liability for defects.
7. Liability for defects also does not extend to normal wear and tear of the goods (or parts thereof) caused by the use of the goods. A defect cannot be considered to be a defect, as is already apparent from the nature of the thing, of the period of its minimum durability or of the period of consumption, which may be limited to a shorter period. The date of minimum durability, use-by date, expiry date or similar period shall be indicated on the goods if the goods are subject to such indication.
8. Returned goods must be sent to our address below but not COD or delivered in person to the contact address. The goods must be packed appropriately to avoid damage during transport and we recommend sending the goods by registered mail or as an insured parcel. The goods must be accompanied by a copy of the proof of purchase (invoice) and a description of the defect or we recommend attaching a completed Complaint Form together with the proof of purchase. The complaint should be sent in writing (by post) or in person.
9. The Seller shall acknowledge receipt of the claim and issue the Buyer with a confirmation of the claim in an appropriate form. The day of the claim is the day of its delivery to the Seller. If the confirmation cannot be delivered immediately, it must be delivered without undue delay, but at the latest together with the proof of settlement of the claim. Confirmation of the complaint will be sent in writing.
10. The Seller is obliged to determine the method of handling the complaint immediately, in complex cases within 3 days from the date of filing the complaint. In justified cases, in particular if complex technical evaluation of the goods is required, no later than 30 days from the date of the claim. After determining how to handle the complaint, the Seller shall handle the complaint immediately; in justified cases, the complaint may also be handled later. However, the processing of the claim shall not take longer than 30 days from the date of the claim. After the expiry of the 30-day period for processing the complaint, the buyer has the right to withdraw from the purchase contract and will be refunded the full amount for the goods or has the right to exchange the goods for a new one.
11. Buyer’s rights when making a claim:
    1. if it is a defect that can be remedied, the buyer has the right to have it remedied free of charge, in a timely and proper manner, and the defect must be remedied without undue delay,
    2. the buyer may, instead of removing the defect, require replacement of the item, or if the defect relates only to a part of the item, replacement of the part if this does not incur disproportionate costs for the seller in relation to the price of the goods or the severity of the defect,
    3. the seller may, instead of removing the defect, replace the defective item with a faultless item if this does not cause the buyer serious inconvenience,
    4. if there is a defect that cannot be remedied and that prevents the proper use of the item, the buyer has the right to exchange the item or to withdraw from the contract. The buyer has the same right in the case of repairable defects, however, if the buyer cannot use the item properly due to the recurrence of the defect after repair or due to a greater number of defects,
    5. if there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the item.
12. A complaint shall be deemed to be settled if the complaint procedure ends with the handing over of the goods complained of, their replacement or refund of the purchase price of the goods, a written invitation to take over the performance or its reasoned rejection. The consumer is informed of the outcome of the complaint procedure within the statutory time limit.
13. No damage to the goods, resp. the integrity of the packaging (according to the instructions when receiving the goods) must be checked when collecting the goods, as the goods may be damaged in transit. Buyers are advised to unpack the goods and inspect them in the presence of the carrier. By your signature to the courier you declare that the packaging is undamaged.
14. These Complaint Conditions are an integral part of the General Terms and Conditions, and the Seller reserves the right to change them at any time without prior notice to the Buyer.
15. Contact PSITTA s.r.o., with registered office at Tešedíkova 7/A, 040 17 Košice.