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Refund and returns policy

for the e-shop: autoflexsupply.com

  1. This Complaint Procedure complements and supplements the General Terms and Conditions that govern the sale of goods through the e-shop on the website.
  2. The Complaint Procedure describes the cooperation between the consumer and the seller regarding potential product defects, their claims, and the rights arising from them.
  3. The seller is: AUTO-FLEX EU, S.R.O., registered in the Commercial Register of the District Court of Trenčín, File No. 28066/R, Company Registration Number (IČO): 46 867 627, Tax ID (DIČ): 2023634316, VAT ID (IČ DPH): SK2023634316, registered office: Štúrovo námestie 6478/11, 911 01 Trenčín, Slovakia. Managing Director: Mgr. Miroslav Čonka.
  4. Exactly, the seller is also a person who, in the context of their business or profession, enters into and fulfills a consumer contract, or a person acting on their behalf or on their account.
  5. The seller is also:
    1. The operator of the electronic commerce system operated through the seller’s website (hereinafter referred to as the “online store” or “e-shop”).
    2. The operator of the information system/information systems within the meaning of the provisions of 136/2014 Z.z. of the Act on the Protection of Personal Data and on the amendment and supplementation of certain laws.
  6. The buyer is any physical or legal person who has completed and submitted an order through the seller’s website, received an email notification of order acceptance, and paid the purchase price. The buyer also includes anyone who has placed an order over the phone or by sending an email and confirmed acceptance of the seller’s price offer, as well as acknowledged being familiar with these General Terms and Conditions.
  7. A consumer is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of their business, employment, or profession. Through an amendment to Act No. 250/2007 Coll. on Consumer Protection, effective from 1st May 2014, legal entities that purchase goods or use services for personal use or for the needs of their household were excluded from the definition of a consumer. A corporate customer, who purchases goods for their company (provides the company’s identification number, tax identification number, or VAT number during the order), is not considered a consumer. The relationship between such a customer and the seller is governed not by the Civil Code but by the Commercial Code.
  8. Consumers are also not natural persons who purchase goods for the purpose of carrying out their profession.
  9. The buyer is obliged to familiarize themselves with the complaint procedure and general terms and conditions before placing an order for goods. By placing an order for goods from the seller, the buyer confirms that they have acquainted themselves with the content of the specified complaint procedure and general terms and conditions.
  10. “The seller issues a purchase document (invoice) as proof of purchase for each purchased item. If a separate warranty certificate is not issued, the relevant purchase document serves as the warranty certificate (hereinafter referred to as the “warranty certificate”).”
  11. The provisions mentioned above do not apply to the buyer who is not a consumer but a person purchasing goods for the purpose of conducting business and not for the personal use of individuals. In this case, the liability for defects in the goods is governed by the provisions of §422 and subsequent sections of the Commercial Code.
  12. The seller handles consumer complaints in accordance with the legal regulations of the Slovak Republic, particularly the Act No. 250/2007 Coll. on Consumer Protection, as amended, the Civil Code of the Slovak Republic, and other applicable legal regulations.
  13. The seller informs the buyer, before making a purchase, about the following:
    1. The seller’s liability for defects in the goods (according to § 622 – 624 of the Civil Code).
    2. The process for making and processing complaints, feedback, and submissions.
    3. Where the buyer can file a complaint, especially if the location for handling complaints is different from the seller’s place of business or registered office.
    4. Information about warranty repairs (authorized service centers, etc.).
  14. Warranty period: For all goods purchased based on civil law relationships, the standard warranty period in accordance with the legal regulations of the Slovak Republic is 24 months, unless the legal regulations of Slovakia specify a shorter period for certain types of goods. If there is a marked period for use on the sold item, its packaging, or accompanying instructions, the warranty period will not end before the expiration of this period.
  15. The warranty period begins to run from the day of the consumer’s receipt of the goods.
  16. The seller may extend the statutory warranty period. The length of the extended warranty period is always indicated on the warranty certificate. If no other warranty period is indicated on the warranty certificate, the standard period of 24 months applies.
  17. The warranty period consists of the statutory period (24 months) and any extended period. During the statutory warranty period, complaints are governed by the Civil Code No. 40/1964 Coll. § 619-627, with consideration of this complaint procedure. (In the case of an extended warranty period, complaints are exclusively governed by this procedure.)
  18. If it concerns a used item, the buyer and the seller may agree on a warranty period shorter than the standard period, but not shorter than 12 months. For goods sold at a lower price due to a defect or incompleteness, the warranty does not apply to the defects for which the lower price was agreed upon.
  19. For all goods purchased by corporate customers based on a commercial relationship (in accordance with the Commercial Code), the warranty period is referred to as “warranty for quality” and is set by the seller for 12 months (in words: twelve months).
  20. The buyer’s rights arising from the liability for defects in the goods, for which the warranty period applies, will cease to exist if they are not claimed within the warranty period.
  21. Warranty conditions: The seller is responsible for ensuring that the goods have the specified quality, quantity, size, and weight at the time of sale. The goods must be free from defects and must conform to the applicable technical standards.
  22. The seller is responsible for defects that the sold goods have at the time of their receipt by the buyer and for defects that occur after the receipt of the goods during the warranty period.
  23. The seller will provide the buyer with a confirmation of when the complaint was lodged with the seller and the method of handling the complaint. The confirmation will be sent by the seller electronically to the email address provided by the buyer in the Complaint Form or on the Buyer’s Order, or it will be sent to the buyer’s postal address. If the complaint was lodged at the seller’s place of business, an employee of the establishment will immediately issue a confirmation of the complaint to the buyer.In the confirmation, the seller will include:
  24. Exceptions from the warranty:

    The warranty does not cover defects caused by improper use of the goods, force majeure, natural disasters, etc., nor does it cover any resulting damages. Furthermore, the warranty does not cover defects caused by poor maintenance, unprofessional, or inappropriate handling, usage, and installation that are not in accordance with the user manual. Additionally, the warranty does not cover damages caused by:

    1. Mechanical damage to the goods.
    2. Improper installation or self-installation by an unauthorized person.
    3. Use of the goods in unsuitable conditions.
    4. Excessive overloading or usage contrary to the specifications provided in the documentation or general principles.
    5. Unqualified interventions or parameter modifications.
  25. The complaint can be lodged in the following ways:
  26. Before lodging the complaint, the seller recommends (but does not require) that the buyer contacts them by phone or email. By doing so, the seller will provide the buyer with all the relevant information regarding the complaint, options for lodging the complaint, and the process of handling the complaint. The contact details for the seller are as follows:
  27. The seller hereby informs the buyer that, in case of filing a complaint, it is possible to use the complaint form available on the seller’s website.
  28. To claim a complaint about a defect in the purchased product, it is sufficient for the consumer to prove that the product was purchased from a specific seller and is still under warranty. The law does not specify which document should be used as proof. According to § 620 of the Civil Code, if the nature of the item allows, a purchase receipt can be issued instead of a warranty certificate. However, upon the buyer’s request, the seller is obligated to provide the warranty in written form (warranty certificate). From the above, it follows that if the warranty certificate does not provide more detailed information about the product than the purchase receipt and does not offer a longer warranty than the statutory one, requiring both the purchase receipt and the warranty certificate when claiming a complaint about a defect in the product is redundant, especially when the warranty claim is made with the seller, not at the warranty service. If the consumer exercises the right to have the defect repaired or exchange the defective product for a faultless one, there is no need for an ERP purchase receipt. The seller cannot refuse to accept a complaint from the consumer if the consumer can prove that the defective product was purchased from the seller and is still within the warranty period.
  29. Warranty for the exchanged item: From the day of receiving the new item, a new warranty period applies.
  30. Handling of the complaint: If it concerns a defect that can be rectified, the consumer has the right for it to be rectified promptly, properly, and free of charge. The seller is obliged to rectify the defect without undue delay.
  31. The consumer may request a replacement of the item instead of rectifying the defect. Alternatively, if the defect only affects a part of the item, the consumer may request a replacement of that specific part, provided that it does not result in disproportionate costs to the seller in relation to the price of the goods or the seriousness of the defect.
  32. The seller may always choose to replace the defective item with a non-defective one instead of rectifying the defect, as long as it does not cause significant difficulties for the buyer.
  33. If there is a defect that cannot be rectified and prevents the item from being properly used without the defect, the consumer has the right to request a replacement of the item or to withdraw from the contract. The same rights apply to the consumer if there are rectifiable defects, but the consumer cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects.
  34. If there are other defects that cannot be rectified, the consumer has the right to a reasonable price reduction of the item.
  35. If the item sold at a lower price or the used item has a defect for which the seller is responsible, the consumer has the right to request a reasonable price reduction instead of the right to a replacement of the item.
  36. If there is a non-removable defect that does not prevent the proper use of the goods, the consumer has the right to a reasonable price reduction of the product.
  37. If the consumer has the right to request a replacement of the goods or the right to withdraw from the contract (return of money), it is up to the buyer to choose which of these rights to exercise. However, once the buyer makes a choice, they cannot unilaterally change this decision.
  38. If the consumer submits a complaint, the seller or their authorized employee or designated person is obliged to inform the consumer about their rights as mentioned above.
  39. Determining the method of handling the complaint: Based on the consumer’s decision regarding which of their rights they are exercising, the seller is obliged to determine the method of handling the complaint:
    1. Immediately,
    2. In complex cases, within 3 working days from the date of complaint submission,
    3. In justified cases, especially if a complex technical assessment of the condition of the goods or services is required, within 30 days from the date of complaint submission.
  40. After determining the method of handling the complaint, the complaint will be processed immediately. In justified cases, the complaint may be processed later, but the handling of the complaint must not exceed 30 days from the date of complaint submission.
  41. In accordance with the provision of § 18 paragraph 4 of the Consumer Protection Act, the seller is obligated to handle the complaint within 30 calendar days, regardless of the method through which the consumer purchased the goods.
  42. The completion of the complaint process is defined as follows, according to § 2 letter m) of the Consumer Protection Act: It includes the conclusion of the complaint procedure by providing the consumer with the repaired product, exchanging the product, refunding the purchase price of the product, granting an appropriate discount on the price of the product, issuing a written request for acceptance of performance, or providing a justified refusal.

    As per § 122 paragraph 1 of the Civil Code, the deadline determined in days commences on the day following the event that is crucial for its beginning.

  43. After the expiration of the specified deadline for handling the complaint, the consumer has the right to withdraw from the purchase contract or request a replacement of the item with a new one.
  44. Complaint within 12 months of purchase: If the consumer submits a complaint about the purchased product during the first 12 months after the purchase, the seller can reject the complaint only based on a professional assessment. Regardless of the outcome of the professional assessment, the seller cannot demand payment of the costs for the professional assessment or any other costs related to it from the consumer. The seller is obliged to provide the consumer with a copy of the professional assessment justifying the rejection of the complaint within 14 days from the date of handling the complaint.
  45. Complaint after 12 months from purchase: If the consumer submits a complaint about the product after 12 months from the purchase, and the seller rejects it, the person handling the complaint must specify in the document of handling the complaint where the consumer can send the item for expert assessment. If the item is sent for expert assessment to the designated person, all costs of the expert assessment, as well as all other purposefully incurred costs related to it, shall be borne by the seller, regardless of the outcome of the expert assessment. If the consumer proves the seller’s responsibility for the defect through the expert assessment, the consumer can submit the complaint again; during the expert assessment, the warranty period does not run. The seller is obligated to reimburse the consumer for all costs incurred for the expert assessment and all other purposefully incurred costs within 14 days from the date of re-submission of the complaint. The re-submitted complaint cannot be rejected.
  46. The costs of expert assessment: If the consumer sends the item for expert assessment to the designated person, the seller shall bear all costs of the expert assessment, as well as all other purposefully incurred costs, throughout the entire duration of the warranty period, regardless of the outcome of the expert assessment. However, if the item is sent for expert assessment to a person other than the designated one, such as an expert or an authorized, notified, or accredited person, the seller is obliged to reimburse the consumer for the costs of the expert assessment, as well as all other purposefully incurred costs, only if the expert assessment proves the seller’s responsibility for the reported defect, and this should be done within 14 days from the date of re-submission of the complaint.
  47. The expert assessment must include:
  48. The expert assessment can be conducted only by:
    1. An expert according to Act No. 382/2004 Coll. on Experts, Interpreters, and Translators.
    2. An authorized, notified, or accredited person – according to § 11 (1), § 2 (1) letter f), and § 22 (4) of Act No. 264/1999 and § 15 of Act No. 90/1998 Coll.
    3. An authorized service (a person authorized by the manufacturer to perform warranty repairs).
  49. The seller is obliged to issue a confirmation to the customer when a complaint is made. This confirmation shall be a copy of the complaint protocol. The confirmation should include the contact details of both the seller and the consumer, along with a description of the defect and whether the consumer requests repair, exchange, withdrawal from the contract, or a discount from the purchase price, depending on the nature of the defect, as well as the date of the complaint submission.
  50. If the complaint is made through means of distance communication, such as by phone, the seller is obliged to deliver the confirmation of the complaint to the consumer as soon as possible, but no later than together with the documentation on the complaint resolution. The confirmation of the complaint does not need to be delivered if the consumer has the possibility to prove the submission of the complaint by other means, for example, through email.
  51. The seller is obliged to provide a written confirmation of the complaint resolution no later than 30 days from the date of the complaint being submitted. This written confirmation may be in the form of a copy of the complaint protocol with the “complaint resolved” column filled out, a letter containing a written statement about the complaint resolution, an SMS message, or an email containing information about the complaint resolution with a written acknowledgment of its sending.
  52. After a legitimate complaint has been resolved, the warranty period is extended by the duration of the complaint process. However, in the case of an unjustified complaint, the warranty period is not extended. If the complaint was resolved through replacement, any subsequent complaint will be considered as the first complaint for the new product received as a replacement.
  53. The consumer is obliged to cooperate with the seller or authorized service and provide any necessary assistance to verify the existence of the claimed defect and to have it rectified promptly (including necessary testing or disassembly of the product if needed). Additionally, when submitting a complaint, the consumer must ensure that the product is clean and properly packed in accordance with hygiene regulations or general hygiene principles, including all its components and accessories, to facilitate the verification and resolution of the defect.
  54. The consumer is obliged to collect the product from the warranty repair within one month from the notification of its completion.
  55. No provision of any law imposes an obligation on the seller to provide the consumer with a replacement product during the period of handling the complaint.
  56. Complaint in the case of a corporate customer:
  57. The seller informs the buyer about the supervisory authority, which is the Slovak Trade Inspection (Slovenská obchodná inšpekcia).
  58. The Slovak Trade Inspection (Slovenská obchodná inšpekcia) as the authority responsible for internal market control does not examine the merits of the complaints but only whether all the legal conditions related to the complaint, arising from the Consumer Protection Act, have been fulfilled.
  59. Other supervisory authorities, depending on the goods or services offered through the online store, may include:

Information on Alternative Dispute Resolution Online (ODR) for the e-shop:

  1. The seller hereby informs customers that as of February 1, 2016, Act No. 391/2015 Coll. on Alternative Consumer Dispute Resolution and on Amendments to Some Laws will come into effect. The purpose of this law is to create a new option for consumers to resolve their disputes with the seller quickly, efficiently, with less formality, and above all, free of charge or with only minimal costs. The aim is to achieve a conciliatory solution or an agreement between the consumer and the seller to resolve the dispute, which, after the consent of both parties, becomes a legally binding basis.
  2. According to the law, the bodies responsible for alternative dispute resolution are the Regulatory Office for Electronic Communications and Postal Services, the Regulatory Office for Network Industries, and the Slovak Trade Inspection. The Slovak Trade Inspection, in addition to its regular responsibilities, is also designated as a “residual subject.” This means that it will be authorized to handle disputes where other authorities do not have jurisdiction, except for disputes arising from contracts related to financial services.
  3. According to §11 of the Act No. 391/2015 on alternative dispute resolution of consumer disputes and on the amendment and supplementation of certain laws, the consumer has the right to approach the seller with a request for remedy if they are not satisfied with the way the seller handled their complaint or if they believe that the seller has violated their rights. In the event of a dispute with the seller, after exhausting all possibilities for resolving the dispute, the consumer has the right to turn to an alternative dispute resolution entity if the value of the dispute is higher than €20. This legal regulation applies not only to “domestic” disputes but also to “cross-border” disputes, meaning disputes between foreign consumers and sellers within the territory of the Slovak Republic.
  4. The alternative dispute resolution entity shall conclude the dispute within 90 days from the date of its initiation, and in case of a necessary extension of the deadline by 30 days (including repeated extensions), it shall notify the applicant.
  5. Correct. If the consumer is not satisfied with how the seller handled their complaint or if the seller violated their rights in any way, they have the option to submit a proposal to the relevant alternative dispute resolution entity. However, this does not exclude the possibility of resolving the dispute through the court. To ensure a smooth resolution of the dispute, the law requires mandatory cooperation from the seller’s side.
  6. Alternative Dispute Resolution Entity: Slovak Trade Inspection, Central Inspectorate, Department for International Relations and Alternative Dispute Resolution of Consumer Disputes, Prievozská 32, P.O. Box 29, 827 99 Bratislava 27, Slovakia.

    Website: www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi

    Email: ars@soi.sk, adr@soi.sk

  7. The consumer can submit the proposal using the method specified in §12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on the amendment and supplementation of certain acts, including electronically through the Online Dispute Resolution (ODR) platform on the website: https://ec.europa.eu/consumers/odr/index_en.htm
  8. Alternative dispute resolution is exclusively reserved for consumers – individuals, not for business buyers. The dispute resolution process takes place between the consumer and the seller who entered into a distance contract, and the value of the dispute exceeds 20€.
  9. The seller also informs consumers about the possibility of individually submitting requests, proposals, complaints, and attempts to prevent disputes electronically to the email address: info@autoflexsupply.com

The wording of the complaint procedure is effective from 06.10.2016.