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Complaints procedure

Complaints procedure

COMPLAINTS PROCEDURE

For the dobrosteel.sk Online Store

I. Identification of the Trader

1.1.

This Complaints Procedure (hereinafter also referred to as the “CP”) governs the legal relationships between the company:

Business name: DOBROSTEEL s. r. o.

Registered office: Bukovská cesta 816, Brezová pod Bradlom 906 13, Slovak Republic

Registered in: the Commercial Register of the District Court Trenčín, Section Sro, File No. 30536/R

Company ID (IČO): 47758619

Tax ID (DIČ): 2024091509

VAT ID: SK2024091509

The Seller is a VAT payer.

(hereinafter also referred to as the “Seller” or the “Trader”) and any person who purchases products offered by the Seller on the Seller’s Website and who acts in the capacity of a consumer within the meaning of the further provisions of the General Terms and Conditions published on the Seller’s Website and the relevant legislation defining a consumer under the applicable laws of the Slovak Republic, in particular:

  • Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts, as amended;
  • Act No. 40/1964 Coll., the Civil Code, as amended;

with the exception set out in Clause 10.1 of this Complaints Procedure, which governs the legal relationship between the Trader and a Buyer who does not act in the capacity of a consumer.

1.2.

The Seller’s email and telephone contact details are:

Email: dobrocanova@dobrosteel.sk

Tel.: 0908892058

1.3.

The address for sending complaints, withdrawals from contracts, requests for redress, or submitting any other complaint or request is:

DOBROSTEEL s. r. o.
Bukovská cesta 816
906 13 Brezová pod Bradlom
Slovakia

II. Basic Provisions

2.1.

This Complaints Procedure governs the legal relationships between Buyers who are consumers and the Trader.

III. Exercising Rights Arising from Liability for Defects

3.1.

The Buyer may exercise rights arising from liability for defects only if the defect is reported to the Seller without undue delay, no later than within 24 months from the date of receipt of the goods. If the defect is not reported within this period, the rights arising from liability for defects shall expire.

IV. Liability for Defects

4.1.

The Seller shall be liable for any defect that the goods have at the time of delivery and that becomes apparent within two years from the delivery of the goods.

4.2.

If the subject of the purchase is goods with digital elements for which digital content is to be supplied or a digital service is to be provided continuously for an agreed period, the Seller shall be liable for any defect in the digital content or digital service that occurs or becomes apparent throughout the agreed period, but for no less than two years from the delivery of the goods with digital elements.

4.3.

In the case of used goods, the parties may agree on a shorter period of the Seller’s liability for defects than that specified in Clauses 4.1 and 4.2, but not shorter than one year from the delivery of the goods.

4.4.

A defect in sold used goods shall not include a defect caused by use and normal wear and tear that may reasonably be expected considering the extent of their previous use.

V. Rights Arising from Liability for Defects

5.1.

If the Seller is liable for a defect in the sold goods, the Buyer shall have the right to have the defect remedied by repair or replacement, the right to a reasonable reduction in the purchase price, or the right to withdraw from the purchase contract.

5.2.

The Buyer may withhold payment of the purchase price or part thereof until the Seller fulfils its obligations arising from liability for defects, unless the Buyer is in default with payment of the purchase price or part thereof at the time the defect is reported. The Buyer shall pay the purchase price without undue delay after the Seller has fulfilled its obligations.

5.3.

The Buyer may exercise rights arising from liability for defects, including the right under Clause 5.2, only if the defect is reported within two months from the discovery of the defect, and no later than before the expiry of the period specified in Clauses 4.1 to 4.3 of this Complaints Procedure.

5.4.

The exercise of rights arising from liability for defects shall not exclude the Buyer’s right to compensation for damage caused by the defect.

VI. Reporting a Defect

6.1.

A defect may be reported at any establishment of the Seller, to another person identified by the Seller to the Buyer before the conclusion of the contract or before the dispatch of the order, or by means of distance communication to the Seller’s registered office or place of business, or to another address communicated by the Seller to the Buyer when concluding the contract or after the conclusion of the contract.

6.2.

If the Buyer reports a defect by postal shipment which the Seller refuses to accept, the shipment shall be deemed delivered on the day it was refused.

6.3.

The Seller shall provide the Buyer with written confirmation of the reported defect without undue delay after the Buyer reports the defect. In the confirmation of the reported defect, the Seller shall specify the period within which the defect will be remedied in accordance with Section 507(1) of Act No. 40/1964 Coll., the Civil Code, as amended.

The period specified under the preceding sentence shall not exceed 30 days from the date the defect is reported, unless a longer period is justified by an objective reason beyond the Seller’s control. The burden of proof regarding the existence of such an objective reason shall rest with the Seller.

6.4.

If the Seller refuses liability for defects, it shall notify the Buyer of the reasons for such refusal in writing. If the Buyer proves, by means of an expert opinion or a professional statement issued by an accredited person, that the Seller is liable for the defect, the Buyer may report the defect again, and the Seller may not refuse liability for the defect.

Section 621(3) of Act No. 40/1964 Coll., the Civil Code, as amended, shall not apply to a repeated report of the defect. The consumer’s costs associated with obtaining an expert opinion or professional statement shall be governed by Section 509(2) of Act No. 40/1964 Coll., the Civil Code, as amended.

6.5.

If, before the conclusion of the contract or, where the contract is concluded based on the Buyer’s order, before the dispatch of the order, the Seller informed the Buyer that defects may also be reported to another person, the actions or omissions of that person shall, for the purposes of liability for defects, be considered actions or omissions of the Seller.

VII. Remedying Defects

7.1.

The Buyer shall have the right to choose whether the defect is remedied by replacement of the goods or by repair of the goods.

The Buyer may not choose a method of remedying the defect that is impossible or that would cause the Seller disproportionate costs compared with the other method of remedying the defect, taking into account all circumstances, in particular the value the goods would have if they were free from defects, the seriousness of the defect, and whether the alternative method would cause significant inconvenience to the Buyer.

Following the first repair of the goods, the period of liability for defects shall be extended by 12 months. The period of liability for defects shall be extended only once, regardless of the number of repairs performed.

7.2.

The Seller may refuse to remedy the defect if neither repair nor replacement is possible or if they would require disproportionate costs, taking into account all circumstances, including those referred to in the second sentence of Clause 7.1.

7.3.

The Seller shall repair or replace the goods within a reasonable period after the Buyer has reported the defect, free of charge, at its own expense, and without causing significant inconvenience to the Buyer, taking into account the nature of the goods and the purpose for which the Buyer required the goods.

7.4.

For the purposes of repair or replacement, the Buyer shall hand over or make the goods available to the Seller or to a person referred to in Section 622(5) of Act No. 40/1964 Coll., the Civil Code, as amended. The costs of collecting the goods shall be borne by the Seller.

7.5.

The Seller shall deliver the repaired goods or replacement goods to the Buyer at its own expense using the same or a similar method by which the Buyer delivered the defective goods, unless otherwise agreed by the parties.

If the Buyer fails to collect the goods within six months from the date on which they should have been collected, the Seller may sell the goods. In the case of goods of higher value, the Seller shall notify the Buyer in advance of the intended sale and provide the Buyer with a reasonable additional period to collect the goods.

Immediately after the sale, the Seller shall pay the Buyer the proceeds from the sale of the goods, after deducting the costs reasonably incurred for their storage and sale, provided that the Buyer exercises the right to a share of the proceeds within a reasonable period specified by the Seller in the notice of the intended sale.

The Seller may destroy the goods at its own expense if they could not be sold or if the expected proceeds from the sale would not be sufficient even to cover the costs reasonably incurred by the Seller for storing the goods and the costs that the Seller would necessarily incur in connection with their sale.

7.6.

When remedying a defect, the Seller shall ensure the removal of the goods and the installation of the repaired or replacement goods if replacement or repair requires the removal of defective goods that were installed in accordance with their nature and purpose before the defect became apparent.

The Seller and the Buyer may agree that the removal of the goods and the installation of the repaired or replacement goods shall be carried out by the Buyer at the Seller’s expense and risk.

7.7.

When remedying a defect by replacing the goods, the Seller shall not be entitled to compensation for damage caused by normal wear and tear of the goods or to payment for the normal use of the goods before their replacement.

7.8.

The Seller shall be liable for defects in replacement goods in accordance with Section 619 of Act No. 40/1964 Coll., the Civil Code, as amended.

7.9.

The Buyer shall have the right to a reasonable reduction in the purchase price or may withdraw from the purchase contract without providing an additional reasonable period pursuant to Section 517(1) of Act No. 40/1964 Coll., the Civil Code, as amended, if:

a) the Seller has neither repaired nor replaced the goods;

b) the Seller has neither repaired nor replaced the goods in accordance with Section 623 of Act No. 40/1964 Coll., the Civil Code, as amended;

c) the Seller has refused to remedy the defect pursuant to Section 623 of Act No. 40/1964 Coll., the Civil Code, as amended;

d) the same defect persists despite the repair or replacement of the goods;

e) the defect is of such a serious nature that it justifies an immediate reduction in the purchase price or withdrawal from the purchase contract; or

f) the Seller has declared, or it is evident from the circumstances, that the defect will not be remedied within a reasonable period or without causing significant inconvenience to the Buyer.

7.10.

The reduction in the purchase price must be proportionate to the difference between the value of the sold goods and the value the goods would have if they were free from defects.

7.11.

The Buyer may not withdraw from the purchase contract pursuant to Clause 7.9 if the Buyer contributed to the occurrence of the defect or if the defect is negligible. The burden of proving that the Buyer contributed to the occurrence of the defect and that the defect is negligible shall rest with the Seller.

7.12.

If the contract concerns the purchase of several items, the Buyer may withdraw from the contract only in relation to the defective item. The Buyer may withdraw from the contract in relation to the remaining items only if it cannot reasonably be expected that the Buyer would have an interest in keeping the remaining items without the defective item.

7.13.

After withdrawing from the contract or part thereof, the Buyer shall return the goods to the Seller at the Seller’s expense. The Seller shall ensure the removal of goods that were installed in accordance with their nature and purpose before the defect became apparent.

If the Seller fails to remove the goods within a reasonable period, the Buyer may arrange for their removal and delivery to the Seller at the Seller’s expense and risk.

7.14.

Following withdrawal from the contract, the Seller shall refund the purchase price to the Buyer no later than 14 days from the date on which the goods are returned to the Seller or from the date on which the Buyer proves that the goods have been sent to the Seller, whichever occurs first.

7.15.

The Seller shall refund the purchase price to the Buyer or pay the reduction in the purchase price using the same method used by the Buyer to pay the purchase price, unless the Buyer expressly agrees to another 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 damage caused by normal wear and tear of the goods or to payment for the normal use of the goods prior to withdrawal from the purchase contract.

VIII. Liability for Defects in Digital Content

8.1.

The Trader shall be liable for any defect that the digital content has at the time of its delivery and that becomes apparent within two years from its delivery, where the digital content is supplied on a one-off basis or as a set of individual performances.

8.2.

The Trader shall remedy the defect in the digital content within a reasonable period after the consumer reports the defect, free of charge and without causing significant inconvenience to the consumer, taking into account the nature of the digital content and the purpose for which the consumer required the digital content.

8.3.

The Trader may refuse to remedy the defect if remedying it is impossible or would cause disproportionate costs, taking into account all circumstances, in particular the value the digital content would have if it were free from defects and the seriousness of the defect.

IX. Liability for Defects in Services

9.1.

The Seller shall be liable for any defect in a service that exists at the time of its provision and becomes apparent within two years from the provision of the service.

9.2.

When exercising rights arising from liability for defects in services, the provisions of Article VI of this Complaints Procedure shall apply accordingly.

X. Supplementary Provisions

10.1.

If the Buyer does not act in the capacity of a consumer, the warranty period for products shall be 6 months, unless another warranty period has been agreed otherwise.

10.2.

Beyond the scope of the Trader’s statutory liability for defects in goods, the manufacturer shall, at the consumer’s request, be obliged to repair the goods where:

a legal act listed in Annex II to Directive (EU) 2024/1799 of the European Parliament and of the Council of 13 June 2024 on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394 and Directives (EU) 2019/771 and (EU) 2020/1828 establishes requirements concerning the reparability of goods or parts of goods, including requirements facilitating disassembly and access to spare parts, repair-related information and tools applicable to the goods or parts of goods (hereinafter referred to as the “reparability requirement”).

10.3.

The manufacturer shall carry out or ensure the repair referred to in Clause 10.2 free of charge or for a reasonable price, within a reasonable period from the date on which the consumer hands over the goods or makes the goods available to the manufacturer, within the scope of the reparability requirement under the legal act listed in Annex II to Directive (EU) 2024/1799.

This shall not apply where repair is impossible. The manufacturer may not refuse to carry out the repair solely because of the cost of spare parts and tools necessary for the repair or because a previous repair was carried out by a repairer or another person.

10.4.

If the manufacturer does not have its registered office or place of business in the Slovak Republic or in another Member State, the obligation to carry out or ensure the repair of the goods shall be borne by:

a) an authorised representative with its registered office or place of business in a Member State;

b) the importer, if the manufacturer does not have an authorised representative with its registered office or place of business in a Member State;

c) the distributor, if the importer does not have its registered office or place of business in a Member State.

XI. Final Provisions

11.1.

This Complaints Procedure forms an integral part of the General Terms and Conditions and the Privacy Policy and Information of this Website. The documents – the General Terms and Conditions and the Privacy Policy and Information of this Website – are published on the Seller’s Website domain.

11.2.

This Complaints Procedure shall become valid and effective upon its publication on the Seller’s Website on 17 August 2026.

This online store is certified by pravoeshopov.sk.

 
 
 
 
 
 
 
 
 
 
 
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