1. This complaint procedure (hereinafter referred to as the “Complaint Procedure) regulates the procedure of Sence911, s.r.o. with registered office Lotyšská 5181/24 821 06 Bratislava – Podunajské Biskupice district, IČO: 54761301, DIČ 2121778362, registered in the commercial register of the Municipal Court Bratislava III, (hereinafter referred to as the “Seller”) and the buyer (hereinafter referred to as the “Buyer”) when exercising rights arising from the Seller’s responsibility for defects in goods purchased through the website www.sence911.com (hereinafter “sence911.com”) or purchased in another way from the Seller, especially directly in the Seller’s business, and the rights and obligations of the Buyer and the Seller (Seller and Buyer together hereinafter referred to as the “Contracting Parties”) related to it.
2. Procedure of the Buyer who is a consumer in the sense of § 52 par. 4 of Act no. 40/1964 Coll. The Civil Code in its current version, when exercising the rights arising from the responsibility of the Seller for defects in goods purchased from the Seller, as well as the regulation of the rights and obligations of the Contracting Parties related thereto, is governed by this Complaints Procedure and the provisions of § 619 to § 627 of Act No. 40/1964 Coll. The Civil Code as amended and Act No. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended. In the event that the Buyer is a consumer, the provisions of legislation on consumer protection take precedence over the provisions of this Complaints Procedure.
3. Procedure of the Buyer who is not a consumer within the meaning of § 52 par. 4 of Act no. 40/1964 Coll. The Civil Code in its current version, when exercising the rights arising from the responsibility of the Seller for defects in goods purchased from the Seller, as well as the regulation of the rights and obligations of the Contracting Parties related thereto, is governed by this Complaints Procedure and the relevant provisions of Act No. 513/1991 Coll. The Commercial Code, as amended, unless otherwise stated in these Complaints Regulations.
4. The buyer who buys goods through www.sence911.com confirms by sending an electronic order to the Seller that he has familiarized himself with the Seller’s Complaints Policy and fully agrees with it. Once the Buyer’s electronic order is confirmed by the Seller, the Complaints Policy becomes binding for the Buyer.
5. The complaint procedure is publicly available at www.sence911.com and in written form at the Seller’s headquarters.
ARTICLE II
Checking the goods upon receipt and making a claim
1. When taking over the goods, the Buyer is obliged to check whether the packaging in which the goods are packed is not damaged. In the event of damage to the goods, it is necessary to write a protocol with the transporter – courier service on the detected defects caused during transport at the place of delivery of the goods, and the Buyer is obliged to inform the Seller about this without delay. If the Buyer accepts the goods despite the damage to the packaging, the Seller has the right not to recognize any later claims for this reason.
2. The buyer is obliged to inspect the delivered goods without unnecessary delay after taking them over.
If the Buyer discovers that the goods are incomplete or damaged in any way, or If the buyer discovers other defects in the goods, he is obliged to file a complaint immediately, no later than three days from the day he discovered or could have discovered the defect in the goods, in writing or in person with the Seller, otherwise the delivery is considered complete and without defects and he has the right to make later complaints for this reason Seller not recognized. In the complaint, the buyer is obliged to state all facts essential for the assessment of the complaint, to describe the claimed defect of the goods and its manifestations as precisely as possible and to properly prove them.
3. Complaints are made in writing by delivering the complaint in paper form to the address of the Seller’s registered office registered in the commercial register. Complaints are made in person at the Seller’s registered office or at the Seller’s place of business. Immediately after the claim has been made, the Seller shall make a written record of the claim, in which it will state all the essential circumstances related to the claim. A written record of the application of the complaint can also be delivered to the Buyer electronically to the Buyer’s e-mail address specified in the electronic order of goods or otherwise notified by the Buyer to the Seller.
4. Only goods purchased from the Seller can be complained about. The buyer is obliged to prove that the goods were purchased from the seller.
5. When making a claim, the Seller is entitled to request that the Buyer deliver the claimed goods clean and mechanically undamaged to the address of the Seller’s registered office.
6. If the Buyer is a consumer, the provisions of points 1 and 2 of this article do not apply.
ARTICLE III
Warranty period and processing of claims
1. A warranty period of 24 months is provided for the goods delivered to the Buyer, who is a consumer, for the quality of the goods. The warranty period begins on the day the goods are handed over to the Buyer. The time from the exercise of the right from liability for product defects to the time when the Buyer was obliged to take over the item after the repair is completed is not included in the warranty period. Rights from liability for product defects expire if they have not been exercised within the warranty period.
2. When the goods purchased from the Seller are delivered to the Buyer, an invoice (proof of purchase) is attached, which also serves as a warranty document.
3. A defect in the goods for which the Seller is responsible is not considered to be a change in the property of the goods that occurred during the warranty period as a result of its wear, misuse, insufficient or inappropriate care or cleaning, as a result of natural changes in the materials from which the goods are made, as a result of any damage by the Buyer or a third party or other external intervention.
4. Furthermore, the Seller is not responsible for defects in the goods, about which the Buyer was informed at the time of concluding the purchase contract or at the time of taking over the goods, as well as for defects due to which he was given a price discount on the goods.
5. The buyer is obliged to provide the necessary cooperation to the seller when handling the complaint.
6. The seller will process the claim no later than 30 days after its application. The Seller will notify the Buyer in writing of the handling of the claim. Written evidence of the processing of the complaint can also be delivered to the Buyer electronically to the Buyer’s e-mail address specified in the electronic order of goods or otherwise notified by the Buyer to the Seller.
7. If the complaint is justified and it concerns a defect in the goods that can be removed, the Buyer has the right to have the defect removed free of charge.
8. Instead of removing the defect, the Seller can always replace the defective product with a defect-free one, if this does not cause serious difficulties for the Buyer. If the goods are exchanged, the warranty period starts again from the receipt of the new goods.
9. If the complaint is justified and it concerns a defect in the goods that cannot be removed and which prevents the goods from being properly used as goods without defects, the Buyer has the right to exchange the item or has the right to withdraw from the purchase contract. The same rights belong to the Buyer if they are removable defects, but if the Buyer cannot due to the reappearance of the same defect after repair (i.e. if the same defect occurs on the goods for the third time after two previous repairs) or due to a greater number of defects (i.e. if the goods have at least three different defects at the time of the claim) use the goods properly.
10. If the complaint is justified and it concerns an irreparable defect in the goods other than that specified in point 9 of this article, the Buyer has the right to an appropriate discount from the purchase price of the goods depending on the nature of the defect.
11. In the event of the Buyer’s withdrawal from the purchase contract due to the Seller’s responsibility for product defects in accordance with these Complaints Regulations, the Seller is obliged to return the purchase price for the goods to the Buyer, if it was paid, and the Buyer is obliged to return the claimed goods to the Seller.
12. If the Seller does not handle the complaint within the period according to point 6 of this article, the Buyer, who is a consumer, has the right to withdraw from the contract or has the right to exchange the product for a new product.
13. If the complaint is not justified, the Seller will reject it.
14. If the Buyer, who is a consumer, made a complaint about the goods within the first 12 months from the purchase, the Seller can handle the complaint by rejecting it only on the basis of a professional assessment; regardless of the result of the professional assessment, the Buyer, who is a consumer, cannot be required to pay the costs of the professional assessment or other costs related to the professional assessment. The Seller is obliged to provide the Buyer, who is a consumer, with a copy of the professional assessment justifying the rejection of the claim no later than 14 days from the day the claim was processed. This does not affect the Seller’s obligation to issue the Buyer with a written document on the processing of the claim within the deadline according to point 6 of this article.
15. If the Buyer, who is a consumer, made a complaint about the goods after 12 months from the purchase and the Seller rejected it, the person who dealt with the complaint is obliged to indicate in the complaint processing document to whom the Buyer, who is a consumer, can send the goods for expert assessment . If the goods are sent for expert assessment to a specified person, the costs of the expert assessment, as well as all other related costs, are borne by the Seller, regardless of the result of the expert assessment. If the Buyer, who is a consumer, proves the Seller’s responsibility for the defect through a professional assessment, he can apply the claim again; the warranty period does not expire during the performance of the expert assessment. The Seller is obliged to reimburse the Buyer, who is a consumer, within 14 days from the date of re-application of the complaint, all costs incurred for the expert assessment, as well as all related costs incurred purposefully. A renewed claim cannot be rejected.
16. If the Buyer is not a consumer, the Seller is always only responsible for defects in the goods that the goods have at the time of their handover to the Seller. The provisions of points 2 to 11 and 13 of this article shall be applied accordingly; the provisions of points 1, 12, 14 and 15 of this article shall not be applied.
ARTICLE IV
Final provisions
1. If it is proven that some of the provisions of the Complaints Procedure are invalid or ineffective, such invalidity or ineffectiveness does not result in the invalidity or ineffectiveness of the other provisions of the Complaints Procedure.
2. The Seller is entitled to unilaterally change these Complaints Regulations at any time. The Complaints Procedure as amended applies to legal relations from sales contracts concluded between the Seller and the Buyer from the day the change to the Complaints Procedure takes effect. The change to the Complaints Procedure takes effect on the day specified in it, but no earlier than the day the amended version of the Complaints Procedure is published on www.sence911.com. However, the Complaints Procedure as amended applies only to complaints of goods purchased from the effective date of the change to the Complaints Procedure.
3. These Complaints Regulations take effect on 25 October 2023.