1. Complaints procedure (warranty, liability for defects, complaints)

1.1 The buyer is entitled to have the defect remedied free of charge, in a timely and proper manner, insofar as it is a defect in the goods that can be remedied. The seller is obliged to remove the defect without undue delay.

1.2 Instead of removing the defect, the Buyer may require replacement of the goods or, if the defect relates only to a specific part of the goods, replacement of that part, unless the Seller incurs disproportionate costs in relation to the price of the goods or the severity of the defect.

1.3 The Seller may always exchange defective goods for goods without defects, unless this would cause serious inconvenience to the Buyer.

1.4 If there is a defect in the goods which cannot be remedied and which prevents the goods from being properly used as a thing without defect, the buyer has the right to exchange the goods or has the right to withdraw from the contract of sale. The same rights shall apply to the buyer if the defects are remediable, but if the buyer cannot properly use the goods due to the reoccurrence of the defect after the repair or due to a greater number of defects. 

1.5 In the event of other irremediable defects, the buyer is entitled to a reasonable discount on the price of the goods.

1.6 The Seller has instructed the Buyer of his rights under Section 622 of the Civil Code (points 1.1 to 1.3 of these Terms and Conditions) and the rights under Section 623 of the Civil Code (points 1.4 to 1.5 of these Terms and Conditions) by placing these Terms and Conditions on the relevant sub-page of the Seller's e-shop and the Buyer has had the opportunity to read them at the time prior to the dispatch of the order.

1.7 The Buyer is obliged to file a claim with the Seller or a designated person. The Seller shall be liable for defects in the goods in accordance with the applicable legislation of the Slovak Republic.Information on service points and designated persons for warranty and post-warranty service shall be provided by the Seller to the Buyer on the back of the warranty card or upon request by telephone or e-mail.

1.8. The valid Complaints Procedure of the Seller, i.e. Article 8 of these Commercial and Complaints Conditions, shall apply to the handling of complaints. The Buyer has been duly acquainted with the Complaints Procedure and informed about the conditions and method of claiming goods, including information on where the claim can be made, and about the performance of warranty repairs in accordance with Section 18(1) of Act No. 250/2007 Coll. on Consumer Protection and on Amendments to Act of the Slovak National Council No. 372/1990 Coll. on offences, as amended (hereinafter referred to as the "Act") at the time before the conclusion of the purchase contract by placing these terms and conditions on the relevant sub-page of the Seller's e-shop and the Buyer had the opportunity to read them at the time before sending the order.

1.9. Goods purchased by the Buyer from the Seller in the form of e-commerce on the Seller's e-commerce website are subject to the Complaints Procedure.

1.10. If the goods have defects for which the manufacturer, supplier or seller is liable, are covered by warranty and were purchased from the seller, the buyer has the right to claim liability for defects from the seller.

1.11. If the Goods are defective, the Buyer has the right to make a claim at the Seller's premises in accordance with Section 18(2) of the Act by delivering the Goods to the Seller's premises and delivering to the Seller the Buyer's expression of intent to exercise its right under Clauses 8.1 to 8.5 of these Terms and Conditions of Sale and Claims (hereinafter referred to as the "Notice of Claim"), e.g. in the form of a completed claim form, which is located on the relevant subpage of the Seller's e-shop. The Seller recommends to insure the goods when sending them for claim. The Seller does not accept COD shipments. The Buyer is obliged to truthfully state all required information in the Notice of Claim, in particular to indicate the exact type and extent of the defect in the goods; the Buyer shall also indicate which of its rights arising from Sections 622 and 633 of the Civil Code it claims. The Buyer shall also have the right to lodge a claim with the person authorised by the manufacturer of the goods to carry out warranty repairs (hereinafter referred to as the "Designated Person"). The list of the designated persons is included in the warranty certificate or sent to the Buyer by the Seller at his request.

1.12. The complaint procedure concerning goods that can be delivered to the Seller begins on the day when all of the following conditions are cumulatively met: 

  1. a) delivery of the notice of claim by the Buyer to the Seller
  2. (b) delivery of the goods claimed by the Buyer to the Seller or a person designated for that purpose
  3. c) delivery of access codes, passwords, etc. to the goods claimed to the Seller, if these data are necessary for the proper processing of the claim

1.13. If the subject of the complaint is goods that cannot be objectively delivered to the Seller or that are fixed, the Buyer, in addition to fulfilling the conditions under clauses 8.12 (a) and (c) of these Complaints and Terms and Conditions, is obliged to provide all necessary assistance to carry out an inspection of the claimed goods by the Seller or a third party designated by the Seller. The complaint procedure concerning goods which cannot be delivered objectively to the Seller or which are firmly installed shall commence on the day on which the inspection of the goods pursuant to the first sentence has been carried out. However, if the Seller or a third party designated by the Seller fails to arrange for an inspection within a reasonable period of time, but no later than 10 days after the delivery of the Notice of Claim to the Seller, despite the necessary cooperation provided by the Buyer, the claim procedure shall commence on the date of delivery of the Notice of Claim to the Seller.

1.14. The Seller or a designated person shall issue the Buyer with a confirmation of the claim in a suitable form chosen by the Seller, e.g. in the form of an e-mail or in writing, in which the Seller is obliged to precisely identify the claimed defects of the goods and shall once again instruct the Consumer on his rights arising from point 1.1. to 1.3. of these terms and conditions of sale and complaint (Art. 622 of the Civil Code) and the rights arising from points 1.4. to 1.5. of these terms and conditions of sale and complaint (Art. 623 of the Civil Code). If the claim is made by means of remote communication, the Seller is obliged to deliver the confirmation of the claim to the Buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the proof of the claim; the confirmation of the claim does not have to be delivered if the Buyer has the possibility to prove the claim in another way.

1.15. The Buyer is entitled to decide which of its rights under § 622 and § 623 of the Civil Code it exercises and is also obliged to immediately deliver information about its decision to the Seller. On the basis of the Buyer's decision which of his rights under § 622 and § 623 of the Civil Code he exercises, the Seller or a designated person is obliged to determine the manner of handling the complaint under § 2 (m) of the Act immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases, in particular if a complex technical evaluation of the condition of the goods is required, no later than 30 days from the date of delivery of the goods complained of. After determining how to handle the complaint, the seller or a designated person shall handle the complaint immediately; in justified cases, the complaint may also be handled later. However, the handling of the complaint may not take longer than 30 days from the date of the complaint. After the expiry of the time limit for processing the complaint, the consumer shall have the right to withdraw from the contract or to have the goods exchanged for new goods.

1.16. If the Buyer has made a claim for goods within the first 12 months of the conclusion of the contract of sale, the Seller may only reject the claim on the basis of an expert's opinion or an opinion issued by an authorised, notified or accredited person or the opinion of a designated person (hereinafter referred to as the "expert's assessment of the goods"). Irrespective of the outcome of the expert assessment, the Seller may not require the Buyer to pay the costs of the expert assessment of the Goods or any other costs related to the expert assessment of the Goods.

1.17. If the Buyer has made a claim for a product after 12 months from the conclusion of the contract of sale and the Seller has rejected it, the person who has settled the claim is obliged to indicate in the claim settlement document to whom the Buyer may send the goods for professional assessment. If the Buyer sends the goods to the person specified in the complaint document for expert assessment, the costs of the expert assessment of the goods as well as all other related costs reasonably incurred shall be borne by the Seller regardless of the outcome of the expert assessment. If the buyer proves the seller's liability for the claimed defect of the goods by the expert assessment, the buyer may reassert the claim; the warranty period shall not expire while the expert assessment is being carried out. The Seller is obliged to reimburse the Buyer within 14 days from the date of the reasserted claim for all costs incurred for the expert assessment of the goods as well as all related costs reasonably incurred. The reasserted claim cannot be rejected.

1.18. The Buyer shall not have the right to claim liability for defects of which the Seller was notified at the time of conclusion of the contract or of which, taking into account the circumstances under which the contract of sale was concluded, he should have known.

1.19. The Seller reserves the right to replace the defective goods with other faultless goods with the same or better technical parameters, if this does not cause serious difficulties for the Buyer.

1.20. The Seller is not liable for defects in the goods:

  1. a) if it is an obvious defect which the Buyer could have detected by inspecting the consignment upon delivery of the goods and which the Buyer did not notify to the Seller's representative in accordance with clause 5.8 of these Complaints and Terms and Conditions,
  2. b) if the buyer has not exercised his right concerning the seller's liability for defects in the goods by the end of the warranty period of the goods,
  3. c) if the defect of the goods is mechanical damage caused by the buyer,
  4. d) if the defect of the goods is caused by the use of the goods in conditions that do not correspond to the natural environment of the goods in terms of intensity, humidity, chemical and mechanical influences,
  5. e) if the defect in the goods was caused by unprofessional handling, operation or neglect of the care of the goods,
  6. f) if the defect in the goods is caused by damage to the goods due to excessive loading or use contrary to the conditions specified in the documentation or the general principles of normal use of the goods,
  7. g) if the defect in the goods is caused by damage to the goods caused by unavoidable and/or unforeseeable events,
  8. h) if the defect in the goods has been caused by accidental damage and accidental deterioration of the goods,
  9. i) if the defect in the goods was caused by unprofessional intervention, water damage, fire, static or atmospheric electricity or other force majeure,
  10. j) if the defect in the goods was caused by tampering with the goods by an unauthorised person.

1.21. It is the Seller's obligation to handle the complaint and terminate the complaint procedure in one of the following ways:

  1. (a) exchange of goods,
  2. (b) by refunding the purchase price of the goods,
  3. c) by handing over the repaired goods,
  4. (d) by paying a reasonable discount on the price of the goods,
  5. (e) by written invitation to take over the performance specified by the Seller,
  6. (f) a reasoned rejection of a claim for goods.

1.22. The Seller is obliged to issue a written document to the Buyer about the method of determining the complaint and about the processing of the complaint within 30 days from the date of filing the complaint in person, through a provider of postal or courier or delivery service. The Seller shall inform the Buyer of the outcome of the complaint immediately after the completion of the complaint procedure by telephone or e-mail and shall also deliver to the Buyer, together with the goods or by e-mail, a proof of the complaint settlement.

1.23. The warranty period is 24 months from the date of delivery of the goods, unless a different warranty period is specified for specific cases. Shipped sports nutrition products, food in gift baskets and pet food have a minimum shelf life of more than 2 months before the expiry date, in case of a shorter expiry date the Seller shall contact the Buyer by phone or e-mail and the shipment shall only be sent with the Buyer's consent.

1.24. In the case of warranty repair of the goods, the warranty period is extended by the time during which the buyer could not use the goods.

1.25. In the event of replacement of the goods with new goods, the warranty period shall start again from the receipt of the new goods, but only for the new goods. In the event of replacement of the goods with new goods, the Buyer will receive a document stating the replacement of the goods, and any further claims shall be made on the basis of the contract of sale and this claim document.

1.26. In the event of a remediable defect, the claim will be handled at the Buyer's discretion in accordance with clause 8.15. of these Claims and Terms and Conditions in the following manner:

  1. (a) the seller replaces the defective goods; or
  2. (b) the seller shall ensure that the defect is removed

1.27. If it is a remediable defect and the Buyer does not promptly determine, pursuant to clause 8.15. of these Complaints and Commercial Terms and Conditions, how the complaint is to be settled, the Seller shall settle the complaint by remedying the defect.

1.28. If there is a defect that cannot be remedied, or one repeatedly repeated remediable defect, or a greater number of different remediable defects that prevent the goods from being properly used as without defect, the Seller shall, depending on the Buyer's decision pursuant to clause 1.15. of these Complaints and Terms and Conditions, handle the complaint in the following manner:

  1. (a) by exchanging the goods for other functional goods of equal or better technical characteristics; or
  2. b) in the event that the Seller is unable to exchange the goods for another, the Seller shall settle the claim by refunding the purchase price for the goods.

1.29. In the event of an irremediable defect or a repeatedly recurring removable defect, or in the event of a greater number of different removable defects that prevent the proper use of the goods as without defect and the Buyer does not promptly determine, pursuant to Clause 8.15 of these Complaints and Commercial Terms and Conditions, how the complaint should be handled, the Seller shall settle the complaint by replacing the goods with other functional goods of the same or better technical parameters.

1.30. The handling of the claim shall apply only to the defects specified in the Notice of Claim and in the confirmation of the claim of the goods pursuant to clause 1.14. of these Claims and Terms and Conditions.

1.31. For the purposes of a claim, the occurrence of a single repetitive remediable defect more than twice shall be deemed to be a repetitive remediable defect.

1.32. For the purposes of a claim, the occurrence of more than three different repairable defects at the same time shall be deemed to be a greater number of different repairable defects.

1.33. The Buyer's right to make a claim for a defect in the Goods is exhausted after he has exercised his right and requested the Seller to remedy the defect in the Goods pursuant to clause 1.1. of these Complaints and Commercial Terms and Conditions and, regardless of the outcome of the claim, he is not entitled to make a claim again for the same unique defect (not a defect of the same kind).

1.34. The provisions of Article 8 of these Complaints and Terms and Conditions expressly do not apply to entities that do not meet the definition of a consumer set out in Section 2(a) of Act 102/2014.

2. Withdrawal from the contract of sale

2.1. If it becomes impossible for the Seller to fulfil its obligations under the Purchase Contract due to stock-outs, unavailability of the goods or if the manufacturer, importer or supplier of the goods agreed in the Purchase Contract has interrupted production or made such significant changes as to make it impossible to fulfil the Seller's obligations under the Purchase Contract, or due to force majeure, or even if, even with all due diligence, the Seller, which can be fairly demanded of him is unable to deliver the goods to the customer within the time limit specified in these terms and conditions or at the price specified in the order, the seller is obliged to inform the buyer immediately of this fact and is also obliged to offer the buyer an alternative performance or the possibility for the buyer to withdraw from the purchase contract (cancel the order). If the Buyer withdraws from the Purchase Contract for the reasons set out in this clause of these Complaints and Commercial Terms and Conditions, the Seller is obliged to refund to the Buyer the deposit already paid for the goods agreed in the Purchase Contract within 14 days of the notice of withdrawal by transfer to the account designated by the Buyer.

2.2 The Buyer is entitled to withdraw from the Purchase Contract without giving any reason in accordance with § 7 et seq. 102/2014 Coll. on Consumer Protection in Distance Selling (hereinafter referred to as "Act on Consumer Protection in Distance Selling") within 14 days from the receipt of the goods, or from the date of conclusion of the contract for the provision of services or the contract for the provision of electronic content not delivered on a tangible medium, if the seller has timely and properly fulfilled the information obligations under Section 3 of the Act on Consumer Protection in Distance Selling.

2.3 Within this period, the Buyer has the right to unpack and test the goods after receipt in a manner similar to that usual when buying in a traditional "brick-and-mortar" store, to the extent necessary to ascertain the nature, characteristics and functionality of the goods.

2.4 The withdrawal period shall commence on the date on which the Buyer or a third party designated by the Buyer, other than the carrier, takes delivery of all parts of the ordered goods or if

  1. (a) delivers goods consisting of several parts or pieces, from the date of receipt of the last part or piece,
  2. b) the goods ordered by the Buyer in one order shall be delivered separately, from the date of receipt of the goods that were delivered last,
  3. (c) he delivers the goods repeatedly under the contract for a specified period of time from the date of receipt of the first delivery.

2.5 The Buyer may withdraw from the contract of sale, the subject of which is the purchase of goods, even before the withdrawal period has started.

2.6 Withdrawal from the contract is required in writing, in a manner that does not give rise to doubt that the withdrawal was made in error or in the form of a notation on another durable medium, or using the form attached as Annex 1 to these Terms and Conditions of Sale and Complaints. The withdrawal period shall be deemed to have been complied with if the notice of withdrawal was sent to the Seller no later than on the last day of the period pursuant to Section 7(1) of the Distance Selling Consumer Protection Act.

2.7 Withdrawal from the contract of sale under the preceding clause of these terms and conditions must contain the information required in the withdrawal form, which forms Annex 1 to these terms and conditions, in particular the identification of the Buyer, the order number and date, the exact specification of the goods, the manner in which the Seller is to return the performance already received, in particular the account number and/or postal address of the Buyer.

2.8 In the event of withdrawal from the Purchase Contract by the Purchaser, any supplementary contract related to the Purchase Contract from which the Purchaser has withdrawn shall also be cancelled from the outset. No costs or other payments related to the cancellation of the supplementary contract may be claimed from the buyer, except for the costs and payments referred to in § 9 (3), § 10 (3) and (5) of the Act on Consumer Protection in Distance Selling and the price for the service, if the subject of the contract is the provision of a service and the service has been provided in full.

2.9 Within 14 days from the date of withdrawal from the contract of sale, the buyer is obliged to send the goods back to the address of the operator's registered office without undue delay or hand them over to the seller or a person authorized by the seller to take over the goods. This does not apply if the Seller has offered to collect the goods in person or through a person authorised by the Seller. The time limit under the first sentence of this clause of these terms and conditions of sale and complaint shall be deemed to have been observed if the goods have been handed over for carriage on the last day of the time limit at the latest.

2.10. The Buyer shall deliver the Goods to the Seller complete, including complete documentation, undamaged, preferably in their original packaging and unused.

2.11. COD shipments will not be accepted by the Seller. It is recommended to insure the goods. The Seller is obliged to refund to the Buyer without undue delay, no later than 14 days from the date of receipt of the notice of withdrawal, all payments received from the Buyer under or in connection with the Purchase Contract, including transport, delivery and postage costs and other costs and charges. The Seller shall not be obliged to refund payments to the Buyer under this clause of these terms and conditions before the Goods have been delivered to the Buyer or until the Buyer proves that the Goods have been sent back to the Seller, unless the Seller proposes to collect the Goods in person or through a person authorised by the Seller.

2.12. The costs of returning the goods to the Seller shall be borne by the Buyer. The goods shall be returned directly to the Seller or to a person authorised by the Seller to receive the goods. This does not apply if the Seller has agreed to bear these costs himself or if he has not fulfilled his obligation under Section 3(1)(i) of the Act on Consumer Protection in Distance Selling.

 

2.13. The Buyer shall only be liable for any diminution in the value of the Goods resulting from handling of the Goods which goes beyond the handling necessary to establish the characteristics and functionality of the Goods. The consumer shall not be liable for the diminution in value of the goods if the seller has not fulfilled the information obligation on the consumer's right to withdraw from the contract pursuant to Section 3(1)(h) of the Act on Consumer Protection in Distance Selling.

2.14. The Seller is obliged to refund the Purchase Price for the Goods to the Buyer in the same manner as used by the Buyer in its payment, unless the Seller agrees with the Buyer on a different method of refunding the payments without the Buyer being charged any additional fees in this respect.

2.15. In the event that the Buyer withdraws from the Contract and delivers to the Seller Goods that are used, damaged or incomplete, the Buyer agrees to reimburse the Seller:

  1. (a) the value by which the value of the goods has been reduced within the meaning of Section 457 of the Civil Code in the actual amount
  2. b) the costs incurred by the Seller in connection with the repair of the goods and their restoration to their original condition, calculated according to the price list for the after-warranty service of goods.

The Buyer shall be obliged under this clause of the Complaints and Terms and Conditions to pay the Seller compensation not exceeding the difference between the purchase price of the Goods and the value of the Goods at the time of withdrawal from the Contract of Sale.

 

2.16. In accordance with § 7 (6) of the Consumer Protection Act in distance sales, the buyer cannot withdraw from the contract, the subject of which are:

- the sale of goods made to the consumer's specific requirements, made-to-measure goods or goods designed specifically for a single consumer,

- the sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery,

- the sale of sound recordings, visual recordings, phonograms, books or computer software sold in protective packaging, if the consumer has unwrapped the packaging,

- the provision of electronic content otherwise than on a tangible medium, where the provision of the electronic content has been initiated with the express consent of the consumer and the consumer has declared that he has been duly informed that he loses the right of withdrawal by expressing that consent.

- the sale of goods which, at the time after the contract has been concluded and the goods have been accepted by the seller from the buyer, have been assembled, put together or used in such a way that their restoration to their original condition by the seller is not possible without increased effort and cost, e.g. assembled or put together furniture and after

2.17. The provisions of Article 10 of these Terms and Conditions of Business and Complaints expressly do not apply to entities that do not meet the definition of a consumer set out in Section 2(a) of the Act.

Annex 1

Withdrawal from a distance purchase contract

within the meaning of § 7 et seq. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or an Off-Premises Contract and Amendments to Certain Acts

 

Seller

Business name:

 

 

Street and number:

 

 

City:

 

 

ZIP CODE:

 

 

ID:

 

 

VAT NUMBER:

 

 

Phone:

 

 

E-Mail:

 

 

 

 

Buyer

Name and surname:

 

 

 Street and number:

 

 

 City:

 

 

 ZIP CODE:

 

 

 Phone:

 

 

 E-Mail:

 

 

 

 

I hereby notify you that I withdraw from the closed (select one option):

Purchase contract

service contracts

 

 

The subject of the contract was purchased through the website:

 

 

I have been sent a confirmed order number:

 

 

From the day:

 

 

Invoice number:

 

 

The goods were delivered to me on (day of receipt):

 

 

 

 

 

 

 

 

I therefore ask for a refund (leave only one option):

the full value of the invoice (all goods invoiced are subject to withdrawal) or the partial value of the invoice (only a certain part of the goods are subject to withdrawal)

the name of the returned object of the contract, and the number of pieces (only if you are returning only part of the object of the contract):

 

 

 

 

Requested value to be returned:

 

 

Return the requested amount to me (keep the withdrawn amount):

 

 

 

by postal order to my address (above)

 

 

 

by bank transfer, bank number/code or IBAN:

 

 

 

 

 

If the goods are not included in the shipment, I acknowledge that the seller is not obliged to refund the money within 14 days from the date of receipt of the withdrawal until the goods are delivered to him or until I prove the shipment of the goods.

I am obliged to send the goods to the Seller within 14 days of the date of withdrawal at the latest.

V ...................................... On ..........................

 

 

 

 

 

 

 

………………………………

 

First name last name

 

(signature)

 

Annex 2

Instructions on exercising the buyer's right to withdraw from the purchase contract

 

1. Right of withdrawal from the contract of sale

You have the right to withdraw from this contract of sale without giving any reason within 14 days.

The withdrawal period expires 14 days from the day on which you or a third party designated by you, excluding the carrier, takes delivery of the goods.

When exercising your right of withdrawal, please inform us of your decision to withdraw from this purchase contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) to the following address LUXESSE - fitness s.r.o.

ID: 55 670 814
DIC: 212 206 2074
Zvončeková 3, Košice 040 11
Tel: 0918 748 450
info@luxesse.store

 

For this purpose, you can use the sample form for withdrawal from the contract of sale, which can be found as Annex 1 of the Terms and Conditions of Sale and Complaints. If you wish, you can also fill in and send the sample withdrawal form or any other clear statement of withdrawal electronically via our website www.luxesse.eu. If you make use of this option, we will immediately confirm receipt of your withdrawal by e-mail or on another durable medium.

The withdrawal period is preserved if you send a notice of exercise of the right of withdrawal before the withdrawal period expires.

2. Consequences of withdrawal

In the event of cancellation of the purchase contract, we will refund all payments you have made in connection with the conclusion of the purchase contract, in particular the purchase price, including the cost of delivery of the goods to you. This does not apply to additional costs if you have chosen a delivery method other than the cheapest normal delivery method offered by us, nor to the costs of additional services if they were the subject of the contract and if they have been provided in full. Payments will be refunded to you without undue delay and in any event no later than 14 days from the date on which we receive your notice of cancellation of this Purchase Contract. They will be refunded in the same way as you used for your payment, unless you have expressly agreed to a different method of payment, without any additional charges being made.

Payment for the purchased goods will be refunded to you only upon delivery of the returned goods back to our address or upon presentation of proof of return shipment, whichever comes first.

Send the goods back to us or bring them to the address of the company's registered office without undue delay and in any case no later than 14 days from the date of exercising the right of withdrawal. The time limit is deemed to have been observed if you send the goods back before the expiry of the 14-day period. You shall bear the direct costs of returning the goods.

Please note that in the event of withdrawal from the contract of sale, you are liable for any diminution in the value of the goods as a result of handling them between the time of delivery and the time of their return in a manner other than that which is necessary to establish the nature, characteristics and functionality of the goods.

Close My Cart
Close Wishlist
Close

Close
Navigation
Categories