I. INTRODUCTORY PROVISIONS
The company HITEC GROW s.r.o. (hereinafter referred to as the “seller”) issues this Complaints Procedure to inform consumers (hereinafter also the “buyer”) about the terms and manner of making a complaint, including information on where a complaint can be made and the process of warranty repairs, in accordance with the provisions of Section 18(1) of Act No. 250/2007 Coll. on Consumer Protection and on amendments to the Act of the Slovak National Council No. 372/1990 Coll. on Offences, as amended (hereinafter the “Act”).
This Complaints Procedure must, in accordance with Section 18(1) of the Act, be placed in a visible and accessible location in every seller’s business premises and will also be published on the seller’s website.
II. LIABILITY FOR DEFECTS IN SOLD GOODS
In accordance with Section 619 of Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), the seller is liable for defects that the item had at the time it was taken over by the buyer. For used items, the seller is not liable for defects caused by use or wear and tear. For goods sold at a reduced price, the seller is not liable for the defect for which the lower price was agreed.
Unless it concerns perishable goods or used goods, the seller is liable for defects that appear after the item has been taken over, during the warranty period (warranty).
The general warranty period for goods supplied by the seller is 24 months pursuant to Section 620 of the Civil Code, unless a longer period is specified in the warranty certificate.
In the case of items intended for long-term use, special regulations may stipulate a warranty period longer than 24 months. This extended period may apply only to certain components.
For used items (e.g. display samples), the buyer and seller may agree on a shorter warranty period, but not shorter than 12 months.
If the item, its packaging, or the enclosed instructions include a stated usage period, the warranty shall not expire before that period ends.
Upon request, the seller is obliged to provide the warranty in writing (warranty certificate). If the nature of the item allows, proof of purchase is sufficient instead of a warranty certificate.
By means of a statement in the warranty certificate or in an advertisement, the seller may offer a warranty that exceeds the scope provided by law. In such cases, the seller shall specify the conditions and scope of that warranty.
The warranty period begins upon the buyer’s acceptance of the item. If the product is to be put into operation by an entrepreneur other than the seller, the warranty period starts upon commissioning, provided this takes place within three weeks of receipt and with the necessary cooperation from the buyer.
The period from the moment the buyer makes a complaint until the item is ready for collection after repair is not included in the warranty period. If the product is replaced, the warranty period restarts from the date of receipt of the replacement.
The buyer’s rights arising from liability for defects shall expire if not exercised within the warranty period.
Warranty claims are to be made at the seller’s business premises, or if a warranty certificate names a different repair entity closer to the buyer, then the claim may be made there. The designated repairer is obliged to carry out the repair within the time agreed upon at the time of sale.
If the seller provides a gift with the purchase, this gift is not covered by the seller’s liability for defects.
III. COMPLAINT PROCEDURE
The buyer must make a complaint to the seller, at any of the seller’s premises, or at a designated repair entity if named in the warranty certificate and located closer to the buyer.
When making a complaint, the buyer must present proof of purchase and, if provided, the warranty certificate. For goods complaints, the buyer should, where possible, provide the goods undamaged.
If the purchased goods were assembled by someone other than the seller or an authorized installer, the buyer must also submit:
– a certificate confirming the installer’s eligibility
– a report verifying and evaluating the measurements of substrate parameters (e.g. flatness, humidity, temperature) for floor or door installations
– if the complaint concerns specific customer requirements (e.g. custom drawings), the seller may request this documentation for assessment
The seller, an authorized employee, or a designated repair person is obliged to handle the complaint immediately, or in complex cases within three business days. The time required for expert assessment is excluded from this period. The total complaint process must not exceed 30 days. After this period, the buyer has the same rights as in the case of an irreparable defect.
If the seller does not accept the complaint within three business days, the product must be sent for expert evaluation at the seller’s expense. Upon request, the seller must provide the supervising authority with proof or results of this evaluation.
The seller is obliged to issue a confirmation of the complaint to the buyer upon submission. A written confirmation of how the complaint was resolved must be issued no later than 30 days from the complaint submission date.
IV. METHOD OF COMPLAINT RESOLUTION
For a removable defect, the buyer has the right to its free, timely, and proper correction. The method of correction is decided by the seller, who must proceed without undue delay.
In accordance with Section 622(2) of the Civil Code, the buyer may request a replacement item or component (if only a part is defective), provided this does not cause unreasonable costs relative to the item’s price or the severity of the defect.
The seller may, at their discretion, replace the item entirely instead of repairing the defect, if this does not cause significant inconvenience to the buyer.
For an irreparable defect that prevents proper use of the item, the buyer has the right under Section 623(1) of the Civil Code to request a replacement or withdraw from the contract. The same applies to recurrent defects or a large number of defects which render the item unusable.
If the buyer has the right to replacement or withdrawal, it is up to the buyer which right they will enforce. Once a specific right has been chosen, it cannot be changed without the seller’s consent.
For other irreparable defects, the buyer has the right to an appropriate price reduction.
If the complaint is not resolved within 30 days, the buyer shall have the same rights as if the defect were irreparable.
If the buyer withdraws from the contract, they must also return any complimentary gifts received with the defective item.
This Complaints Procedure is valid and effective from 01.10.2022.
Seller’s contact details:
HITEC GROW s.r.o.
Bajkalská 22,
821 09 Bratislava
Slovak Republic – EU
Company ID (IČO): 46558535
VAT ID (IČ DPH): SK2023527495
