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Complaint procedure
internet intermediate portal
"TEMOYA"
Article 1
General provisions
This complaints procedure is issued to help the consumer, if necessary, to know more easily and simply how to file a possible complaint regarding the goods he has purchased via the Internet store (on the pages of the electronic portal) of the Intermediary with the Merchant (Seller).
The complaints procedure applies to all sales contracts concluded on the intermediary's website and regulates the rights and obligations of the buyer when exercising rights related to product defects in the sense of a distance purchase contract concluded with the trader/seller via the intermediary's online shop on the website of the electronic portal www.temoya.com is managed by the trading company TEMOYA sro , with its registered office at Haburská 24/A, 040 11 district of Košice-peres, Slovak Republic, identification number: 53 784 006 , registered in the commercial register. Register of the Municipal Court in Košice, section Ltd , vl . No. 51612/V sale of products of traders/sellers for the benefit of buyers (hereinafter referred to as "the intermediary") in Slovakia and, if traders/sellers are interested, also abroad and is accessible to any user of the intermediary portal.
The intermediary will provide all necessary assistance in mediating the processing of the complaint for both the trader and the buyer.
Complaints procedure The Intermediary has processed in accordance with Act No. 40/1964 Coll. The Civil Code in its current version (hereinafter only the “ Civil Code ”), by Act No. 108/2024 Coll. on Consumer Protection as amended and Act No. 22/2004 Coll. on Electronic Commerce as amended, Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes as amended (hereinafter referred to as the “ Consumer Protection Acts ”). The complaints procedure is placed in a visible place at the company’s registered office and on the Intermediary’s website.
The buyer is:
1. consumer (a person who purchases goods for his own personal use or for the needs of members of his household). The consumer is within the meaning of § 52 para. 4 of the Civil Code as amended The buyer, a natural person, who, in the context of the consumer contract, the obligation arising therefrom or in commercial practice, does not act within the scope of his commercial or other activity or profession.
2. a natural and/or legal person - an entrepreneur who has concluded a contract for the purchase of goods with the trader.
Individuals and legal entities - entrepreneurs note that the warranty conditions (in particular the warranty period) may be different from the warranty conditions for consumers and the relations between the Merchant and the Buyer - the entrepreneur are governed by the Commercial Code.
This complaints procedure does not apply to the purchase of goods by entrepreneurs who purchase goods in the course of their business or other commercial activity.
He is a trader/seller
1. natural person, non-entrepreneur,
as well as
2. business entity (SZČO or legal entity)
who are interested in mediating the supply and sale of their unique goods or services, which products are the result of their creative work, through an intermediary
The seller, via the intermediary internet portal “TEMOYA”, undertakes to follow the General Conditions (including the procedure for complaints and withdrawal from the purchase contract) and to respect and fulfill all the obligations stipulated therein when selling its products.
The intermediary is not a party to the contractual relationship established between the Merchant/Seller and the Buyer and is therefore not responsible for the execution of this contract either for the Merchant/Seller or for the Buyer.
The Intermediary is not responsible for defects in the Products offered and sold by the Merchant/Seller, the Merchant/Seller is solely responsible for these defects. Liability for defects in products is governed by the applicable general legal provisions (the provisions of the amended Civil Code and, for non-consumer Buyers, the provisions of the amended Commercial Code).
For the avoidance of doubt, the Intermediary assumes no responsibility for the activities or product of the Merchant/Seller (e.g. for the correct and timely delivery of goods or the provision of services, correct delivery of goods or the provision of services is primarily understood as their quality, scope and completeness). The Intermediary is also not liable for any damage caused in connection with the use of the product and does not provide any guarantees as to the quality, safety, quality and other characteristics of the goods that are the subject of purchase and sale. Information on prices, guarantees, delivery times and other detailed information on the products sold are provided by the sellers and the Intermediary assumes no responsibility for their accuracy.
The supervisory authority is:
Slovak Trade Inspection (SOI)
SOI Inspection for the Košice Region
Vrátna 3, POBOX A-35 040 65 Košice
ke@soi.sk
Tel. No. 055/729 07 05, 055/622 76 55
Article 2
Rights and obligations of the contracting parties
1. The Merchant/ Seller (hereinafter only “Merchant” or simply “Seller”) is responsible for the fact that the goods possess all the properties that the Seller has declared on the intermediary portal “TEMOYA” and also for the fact that the Goods can be used for this purpose, who, as a seller, has listed “TEMOYA” on the intermediary portal when promoting its products.
The trader is responsible for ensuring that the goods have the quality, quantity, measure and weight specified at the time of sale. The goods must be free from defects and must comply with the technical standards in force. The trader is liable for any defect that the goods have at the time of delivery and that becomes apparent within two years from delivery of the goods.
2. The buyer is entitled not to take delivery of the delivered goods from the carrier as long as goods of a different type are delivered or in the event of delivery of goods which conflict with the concluded purchase contract (different or damaged goods) or delivery of goods in damaged packaging or when the goods are delivered without relevant documents.
3. If damaged goods or goods in breach of the purchase contract are delivered to the buyer, the buyer has the right to request the trader to deliver the goods free of charge and without unnecessary delay in accordance with the conditions agreed in the contract, either by repairing the goods or by replacing them. If such a procedure is not possible, the buyer has the right to demand a discount on the purchase price or to withdraw from the contract under the conditions set out below.
Article 3
Deadline for filing a claim
1. The warranty period for all goods is 24 months, unless the trader provides a longer warranty period. A longer warranty period is usually stated in the warranty certificate enclosed with the product. The warranty period for used goods is 12 months. The warranty period is calculated from the day the consumer receives the goods.
2. The buyer may only exercise liability for defects if he has reported the defect within two months of its discovery, but no later than the expiry of the warranty period. The buyer's rights to liability for product defects for which the warranty period applies expire if they are not exercised within the warranty period.
3. The trader must provide the buyer with written confirmation of the defect immediately after the defect has been reported by the buyer. In the confirmation of the defect complaint, the trader must indicate a reasonable period within which the defect must be corrected in accordance with § 507, para. 1 of the Civil Code as amended will be deleted. The period announced according to the previous sentence may not be longer than 30 days from the day on which the defect was reported, unless the longer period is justified by an objective reason beyond the control of the Trader.
4. The time elapsed between the application of the complaint and the moment when the buyer was obliged to take back the goods after the repair was completed is not included in the warranty period, if the complaint was justified and recognized. If the goods are replaced, the warranty period starts again after receipt of the new goods.
Article 4
Liability of the trader for product defects
1. The trader is liable for any defect which the goods present at the time of their delivery and which becomes apparent within two years of delivery of the goods.
2. If the defect becomes apparent before the expiry of the warranty period, it is presumed that it is a defect that the item already had at the time of delivery. This does not apply if the contrary is proven or if this assumption is incompatible with the nature of the thing or the defect.
3. If the merchant is liable for a defect in the item sold, the buyer has the right to eliminate the defect by repair or replacement (§ 623), the right to an appropriate discount on the purchase price or the right to withdraw from the purchase contract. (§ 624). cannot be withdrawn and which prevents the proper use of the item as a defect-free item, the buyer has the right to exchange the item or withdraw from the contract. The same rights belong to the buyer if the defects can be eliminated, but if the buyer cannot use the item properly due to the recurrence of the defect after repair or due to a greater number of defects. If there are other irreparable defects, the buyer is entitled to a reasonable discount on the price of the item.
4. If the trader refuses liability for defects, he will inform the buyer in writing of the reasons for the refusal. If the buyer proves the trader's liability for a defect by an expert report or an expert report issued by an accredited person, an authorized person or a notified person, he may report the defect several times and the trader may not refuse liability for the defect; for repeated criticism of the defect, § 621 para. 3 of the Civil Code does not apply. § 509 para. 2 of the Civil Code and these must be sent to the Trader with supporting evidence within two months.
5. The trader may decline any liability for defects
Article 5
The buyer's right to file a complaint - by reporting and eliminating the defect
1. The Buyer shall immediately address his complaint to the Seller in writing and send the complained goods to the Seller's address indicated on the intermediary portal "TEMOYA". The written form shall be retained if the Complaint is made electronically by e-mail to the Seller's contact e-mail address (Seller Account) published on the intermediary portal "TEMOYA". The Intermediary recommends that the complaint be sent to his e-mail address , info@temoya.sk , so that the Intermediary can, if necessary, assist both parties in resolving the complaint with the Seller.
2. The Buyer may complain to the Merchant regarding the goods purchased from the Merchant only via the Intermediary's electronic portal (which, in case of doubt, may be justified by proof of purchase of the product and/or a duly completed warranty card (if issued). ).
3. The Buyer has the right to choose to remove the defect by replacing the item or by repairing the item. The Buyer may not choose a method of removing the defect that is not possible or that, compared to the second method of removing the defect, would entail disproportionate costs for the Merchant, taking into account all the circumstances, including the value that the item would have without the defect, the severity of the defect and the fact that the second method of removing the defect would cause significant difficulties for the Buyer.
4. The trader may refuse to eliminate the defect if repair or replacement is not possible or if this would require unreasonable costs, taking into account all the circumstances, including the circumstances referred to in paragraph 1 of the second sentence.
5. The trader will repair or replace the item within a reasonable period (§ 507, paragraph 1) after the buyer has reported the defect, free of charge, at his own expense and without causing serious difficulties to the buyer, taking into account the nature of the item and the use for which the buyer requested the item.
6. For the purpose of repair or replacement, the buyer shall return or make available the item to the trader or to a person authorised by him according to his instructions. The costs of taking back the item shall be borne by the Trader.
7. The trader shall deliver to the buyer, at his own expense, the repaired item or a replacement item in the same or similar manner in which the buyer delivered the defective item, unless the parties agree otherwise.
8. When eliminating the defect by replacing the item, the trader is not entitled to any compensation for damage caused by normal wear and tear of the item or to compensation for normal use of the item prior to its replacement.
9. The trader is liable for defects in the replacement item.
Article 6
Termination of contract and discount on purchase price
1. The buyer is entitled to a reasonable discount on the purchase price or may withdraw from the purchase contract even without providing a reasonable additional period in accordance with § 517 para. 1 of the Civil Code, if
(a) the trader has not repaired or replaced the item,
b) the trader has not repaired or replaced the item in accordance with § 623 para. 4 and 6 of the Civil Code,
c) the trader has refused to eliminate the defect in accordance with § 623 para. 2 of the Civil Code,
(d) the thing has the same defect despite the repair or replacement of the thing,
(e) the defect is of such seriousness that it justifies an immediate reduction in the purchase price or termination of the purchase contract, or
(f) the trader has stated or it is clear from the circumstances that he will not remove the defect within a reasonable time or without causing serious hardship to the buyer.
2. When assessing the buyer's right to a reduction in the purchase price or to terminate the purchase contract in accordance with paragraph 1, letter d) and e) all circumstances are taken into account, in particular the nature and value of the item, the nature and severity of the defect and the possibility of objectively requiring the buyer to rely on the Merchant's ability to eliminate the defect.
3. The discount on the purchase price must be proportional to the difference between the value of the item sold and the value that the item would have if it were free from defects.
4. The buyer may not withdraw from the purchase contract in accordance with paragraph 1 if he has participated in the occurrence of the defect or if the defect is negligible. The burden of proof lies with the trader to prove that the buyer has participated in the occurrence of the defect and that the defect is negligible.
5. If the contract concerns the purchase of several items, the buyer can only cancel it for the defective item. For other things, he can only cancel the contract if he cannot reasonably expect that he will be interested in keeping the other things without the defective item.
6. After terminating the contract or part thereof, the buyer returns the item to the trader at the latter's expense. The trader will ensure the removal of the item that was installed in accordance with its nature and purpose before the defect becomes apparent. If the Trader does not remove the item within a reasonable time, the buyer may ensure the removal and delivery of the item to the Trader at the Trader's expense and risk.
7. After withdrawing from the contract, the trader will return the purchase price to the buyer no later than 14 days from the day of return of the item to the trader or after proving that the buyer has sent the item to the trader, whichever comes first.
8. The trader will refund the purchase price to the buyer or grant him a discount on the purchase price in the same way as the buyer was accustomed to paying the purchase price, if the buyer does not expressly agree to another method of payment. All costs associated with the payment shall be borne by the trader.
9. The trader is not entitled to compensation for damage caused by normal wear and tear of the item or to compensation for normal use of the item before withdrawing from the purchase contract.
Article 7
Buyers' cooperation
The Buyer is obliged to cooperate with the Merchant only to the extent regulated by applicable legislation, in particular to verify the existence of the alleged defect and its elimination (including the corresponding necessary testing or disassembly of the goods). When making a complaint, the Buyer is obliged to deliver the goods clean, in appropriate packaging in accordance with hygiene rules or general hygiene principles, including all its parts and accessories, allowing such verification and elimination of the defect.
Article 8
Receipt of goods after warranty repair
The Merchant shall deliver the repaired item or a replacement item to the Buyer at his expense in the same or similar manner in which the Buyer delivered the defective item, unless the parties agree otherwise. If the Buyer does not take back the item within six months from the day on which he was supposed to take charge of it, the Merchant may sell the item. If it is a higher-value item, the Merchant shall inform the Buyer in advance of the intended sale and grant him a reasonable additional period to take back the item. Immediately after the sale, the Merchant shall pay the Buyer the proceeds of the sale of the item, after deduction of the costs he has deliberately incurred for its storage and sale, if the Buyer exercises his right to a share of the proceeds within a reasonable period specified by the Merchant in the notification of the intended sale of the item. The trader may destroy the item at his own expense if it has not been possible to sell it or if the expected proceeds from the sale are not sufficient to cover the costs that the trader has deliberately incurred for the safekeeping of the item and the costs that the trader would inevitably have to incur for its sale.
Article 9
Alternative Dispute Resolution
a) Alternative dispute resolution may only be used by a consumer (natural person) who, when concluding and executing a consumer contract, is not acting in the context of his commercial activity, employment or profession. Alternative dispute resolution only applies to disputes between the consumer and the trader, the value of which exceeds 20 euros, arising from a consumer contract concluded at a distance.
b) Subject to alternative dispute resolution pursuant to §3 of Act No. 391/2015 Coll. Regarding the alternative method of resolving consumer disputes, as amended, the parties may be required to pay a fee of up to EUR 5 including VAT for the initiation of the dispute resolution. The proposal may be submitted in the manner determined in accordance with §12 of Act No. 391/2015 Coll. On an alternative method of resolving consumer disputes, as amended.
(c) The subject of alternative dispute resolution is the Slovak Trade Inspectorate, Prievozská 32, PO Box 5, 820 07 Bratislava 27, or another relevant authorised legal entity included in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at www.mhsr.sk ).
The buyer has the right to choose the subject of alternative consumer dispute resolution to which he will turn. Buyers have the right to use the online dispute resolution platform ("ODR") to resolve their disputes in the language of their choice. The buyer can use the ODR platform for alternative dispute resolution, available at http://ec.europa.eu/consumers/odr/ . When submitting a submission on the ODR platform, the buyer fills in an electronic complaint form. The information he submits must be sufficient to determine the relevant ODR entity. The buyer may attach documents in support of his complaint. The buyer has the right to choose which of the listed ODR entities to turn to, without affecting the possibility of going to court.
This complaints procedure is valid from July 1, 2024