Complaints Procedure

I. Identification of the trader

1.1.This Complaints Procedure (hereinafter also referred to as the "RP") governs the legal relations between the Company and the Merchant.

Business name: Ing. Martin Mataš - IT model

Registered office: Sídlisko II. 1219/52, Vranov nad Topľou, Slovak Republic

Registered in OŽP-R/2007/01432-2/CR1 trade register No. 790-10144

VAT: 43596126

VAT NUMBER: 1025960100

VAT ID:SK1025960100

Bank account: EUR: SK3183300000002901876658, CZK: 2901876658/2010

The Seller is a VAT (Value Added Tax) payer

(hereinafter also referred to as "Seller" or "Trader") and any person who is a Buyer of products offered by the Seller on the Seller's Website and who acts in the position of a consumer within the meaning of other provisions of these General Terms and Conditions and the relevant laws defining a consumer, within the framework of the applicable legislation of the Slovak Republic, in particular the following laws: Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended, Act No., Act No., Act No., Act No., Act No., Act No., Act No., Act No., Act No., Act No., Act No., Act No., Act No., Act No., Act No., Act No., Act No., Act No., Act No., Act No., Act No., Act No. Civil Code, as amended, with the exception of point 4.4. of this Complaints Procedure, which regulates the legal relationship between the Trader and the Buyer, who does not act in the capacity of a consumer.

1.2.Email contact and telephone contact to the Seller is:

Email: info@itmodel.sk

Tel: +421949892097

1.3Address for sending documents, complaints, withdrawals from contracts is:

Ing. Martin Mataš - IT model, Sídlisko II. 1219/52, 09301 Vranov nad Topľou, Slovak Republic

II. Basic provisions

2.1.This Complaints Procedure regulates the legal relations between the Buyers who are consumers and the Trader.

III. Exercise of the right of liability for defects

3.1.The Buyer may exercise the rights of liability for defects only if the defect has been brought to the attention of the Seller without undue delay, at the latest within 24 months from the date of acceptance of the item. If the defect is not pointed out within this period, the rights of liability for defects shall be extinguished.

IV. Liability for defects

4.1.The seller is liable for any defect in the sold item at the time of delivery which becomes apparent within two years of delivery.

4.2.In the case of second-hand goods, the parties may agree on a shorter period of the seller's liability for defects than in paragraphs 4.1 and 4.2, but not less than one year from the delivery of the goods.

4.3.The Seller shall be liable for any defect in the sold item at the time of its delivery to the Buyer which becomes apparent within 6 months of delivery of the item, unless the Buyer is acting in the capacity of a consumer.

V. Rights under liability for defects

5.1.If the Seller is liable for a defect in the sold item, the Buyer has the right to have the defect removed by repair or replacement, the right to a reasonable discount on the purchase price or the right to withdraw from the purchase contract

5.2.The buyer may refuse to pay the purchase price or part thereof until the seller has fulfilled the obligations arising from his liability for defects, unless the buyer is in default of payment of the purchase price or part thereof at the time the defect is pointed out. The buyer shall pay the purchase price without undue delay after the seller has fulfilled its obligations.

5.3.The Buyer may exercise the rights under liability for defects, including the right under clause 5.2., only if he has pointed out the defect within two months from the discovery of the defect, at the latest until the expiry of the period under clauses 4.1 to 4.3 of this Complaints Procedure.

5.4 The exercise of the rights of liability for defects does not exclude the buyer's right to compensation for damages resulting from the defect.

VI. Statement of defect

6.1.The defect may be raised at any of the Seller's premises, with another person of whom the Seller has notified the Buyer before the conclusion of the contract or before the order is sent, or by means of remote communication at the address of the Seller's registered office or place of business or at another address of which the Seller has notified the Buyer at the conclusion of the contract or after the conclusion of the contract.

6.2.If the Buyer has complained of a defect by mail which the Seller has refused to accept, the mail shall be deemed to have been delivered on the day of the refusal.

6.3.The Seller shall provide the Buyer with a written confirmation of the defect immediately after the Buyer has pointed out the defect. The Seller shall specify in the confirmation of the defect in which period of time the defect shall be removed in accordance with § 507 paragraph 1 of Act No. 40/1964 Coll., Civil Code, as amended. The period notified under the preceding sentence may not be longer than 30 days from the date of the defect, unless a longer period is justified by an objective reason beyond the control of the Seller.

6.4.If the Seller denies liability for defects, he shall notify the Buyer in writing of the reasons for the denial. If the Buyer proves the Seller's liability for the defect by an expert opinion or an expert opinion issued by an accredited person, an authorised person or a notified person, he/she may reproach the defect repeatedly and the Seller cannot refuse liability for the defect; § 621 paragraph 3 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended, does not apply to repeated reproaching of the defect. The consumer's costs associated with the expert opinion and the expert opinion are covered by § 509(2) of Act No. 40/1964 Coll., the Civil Code, as amended.

6.5.If, prior to the conclusion of the contract or, if the contract is concluded on the basis of an order of the Buyer, prior to the dispatch of the order, the Seller has informed the Buyer that defects may also be raised with another person, the act or omission of that person shall be deemed to be an act or omission of the Seller for the purposes of liability for defects.

VII. Removal of defects

7.1.The buyer has the right to choose to remove the defect by replacing the item or repairing the item. The Buyer may not choose a method of remedying the defect which is not possible or which would cause the Seller disproportionate costs in comparison with the other method of remedying the defect, taking into account all the circumstances, in particular the value which the item would have had without the defect, the seriousness of the defect and whether the other method of remedying the defect would cause the Buyer considerable inconvenience.

7.2.The Seller may refuse to remedy the defect if repair or replacement is not possible or would involve disproportionate costs having regard to all the circumstances, including those under clause 7.1 of the second sentence.

7.3.The Seller shall repair or replace the item within a reasonable time after the Buyer has pointed out the defect, free of charge, at the Seller's own expense and without causing serious inconvenience to the Buyer, taking into account the nature of the item and the purpose for which the Buyer has requested the item.

7.4 For the purpose of repair or replacement, the Buyer shall hand over or make available the item to the Seller or to a person pursuant to Section 622(5) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended. The costs of taking over the item shall be borne by the seller.

7.5.The Seller shall deliver the repaired item or a replacement item to the Buyer at its own expense in the same or similar manner in which the Buyer delivered the defective item to the Seller, unless the parties agree otherwise. If the Buyer fails to take possession of the item within six months of the date on which he should have taken possession of it, the Seller may sell the item. If the item is of greater value, the seller shall give the buyer prior notice of the intended sale and a reasonable additional period of time to take possession of the item. Immediately after the sale, the seller shall pay to the buyer the proceeds of the sale of the item after deducting the costs reasonably incurred by the seller in storing and selling the item, if the buyer claims a right to a share of the proceeds within a reasonable period of time specified by the seller in the notice of intended sale of the item. The seller may destroy the item at his own expense if he has failed to sell it or if the anticipated proceeds of the sale will not be sufficient to cover even the costs which the seller has reasonably incurred in keeping the item and the costs which the seller would necessarily have to incur in selling it.

7.6 In remedying a defect, the Seller shall arrange for the removal of the item and the installation of a repaired item or a replacement item if the replacement or repair requires the removal of a defective item that was installed in accordance with its nature and purpose before the defect became apparent. The Seller and the Buyer may agree that the removal of the item and the installation of the repaired or replacement item shall be arranged by the Buyer at the Seller's expense and risk.

7.7.When the defect is removed by replacing the item, the Seller shall not be entitled to compensation for damages caused by normal wear and tear of the item and to remuneration for the normal use of the item prior to its replacement.

7.8.The Seller shall be liable for defects of the replacement item pursuant to Section 619 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended.

7.9.The Buyer has the right to a reasonable discount on the purchase price or may withdraw from the purchase contract without providing an additional reasonable period of time pursuant to Section 517(1) of Act No. 40/1964 Coll. Civil Code, as amended, if

a)the seller has not repaired or replaced the item,

b)the seller has not repaired or replaced the item in accordance with § 623 (4) and (6) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended,

c)the seller has refused to remedy the defect pursuant to § 623(2) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended,

d)the item has the same defect despite the repair or replacement of the item,

e)the defect is of such a serious nature that it justifies an immediate discount on the purchase price or withdrawal from the purchase contract, or

(f)the seller has declared or it is apparent from the circumstances that he will not remedy the defect within a reasonable time or without causing serious inconvenience to the buyer.

7.10.The discount on the purchase price must be proportionate to the difference between the value of the thing sold and the value that the thing would have had if it were free from defects.

7.11.The buyer may not withdraw from the contract of sale pursuant to clause 7.9 if the buyer has contributed to the defect or if the defect is insignificant. The burden of proving that the Buyer has contributed to the defect and that the defect is insignificant shall be on the Seller.

7.12.If the contract relates to the purchase of several items, the buyer may withdraw from the contract only in relation to the defective item. He may only withdraw from the contract in relation to the other items if he cannot reasonably be expected to have an interest in keeping the other items free of the defective item.

7.13.The buyer shall, after withdrawal from the contract or part thereof, return the item to the seller at the seller's expense. The Seller shall arrange for the removal of the item which was installed in accordance with its nature and purpose before the defect became apparent. If the Seller fails to remove the item within a reasonable time, the Buyer may arrange for the removal and delivery of the item to the Seller at the Seller's expense and risk.

7.14.Upon withdrawal from the contract, the Seller shall return the purchase price to the Buyer within 14 days from the date of return of the item to the Seller or upon proof that the Buyer has sent the item to the Seller, whichever is earlier.

7.15.The Seller shall return the purchase price to the Buyer or pay the Buyer a discount on the purchase price in the same manner used by the Buyer to pay the purchase price, unless the Buyer expressly agrees to a different method of payment. All costs associated with the payment shall be borne by the Seller.

7.16.The Seller shall not be entitled to compensation for damages caused by normal wear and tear of the item and to remuneration for normal use of the item prior to withdrawal from the purchase contract.

VIII. Liability for defects in the digital performance

8.1 The trader shall be liable for any defect in the digital performance which is present at the time of delivery and which becomes apparent within two years of delivery, if the digital performance is a digital performance which is delivered as a single item or as a set of individual items.

8.2 The trader shall remedy the defect in the digital performance within a reasonable time after the consumer has raised the defect, free of charge and without causing the consumer any significant inconvenience having regard to the nature of the digital performance and the purpose for which the consumer requested the digital performance.

8.3.The trader may refuse to remedy the defect if remedy is not possible or would cause unreasonable costs to the trader having regard to all the circumstances, in particular the value that the digital performance would have without the defect and the seriousness of the defect.

IX. Liability for defects in the service

9.1 The Contractor shall be liable for defects in the item upon its acceptance by the Customer.

9.2 If the defect manifests itself within 24 months from the date on which the Customer should have taken delivery of the item, it shall be presumed to be a defect which the item already had at the time of acceptance. This shall not apply if the contrary is proven or if this presumption is incompatible with the nature of the object or the defect."

X. Final provisions

10.1 This Complaints Policy forms an integral part of the General Terms and Conditions and the Privacy Policy and Privacy Notice of this Website. The documents - General Terms and Conditions and Privacy Policy and Privacy Notice of this Website are published on the domain of the Seller's Website.

10.2.This Complaints Policy is valid and effective at the moment of its publication on the Seller's Website on 10.07.2024