1. General provisions
1.1. The company MD ski s. r. o., with its registered office at J. M. Oberuča 1123/2 031 01 Liptovský Mikuláš, Company ID: 54 729 548, VAT ID: SK2121771113, (hereinafter referred to as the “Operator”) operates an online store (hereinafter referred to as the “e-shop”), in which it offers its customers goods for purchase based on a Purchase contract concluded remotely.
1.2. The sale of goods through the e-shop is regulated by the Operator’s General Terms and Conditions (hereinafter referred to as the “GTC”).
1.3. This complaint procedure follows on from and supplements the GTC.
1.4. The Complaints Procedure describes the cooperation between the Buyer and the Operator with regard to possible defects in the goods, their application and the claims arising from them.
1.5. The Buyer is obliged to familiarize himself with the complaints procedure and the GTC before ordering the goods. By ordering goods from the Operator, he agrees to the complaints procedure below.
1.6. The Operator issues a purchase receipt (invoice or sales receipt) as proof of purchase for each purchased item. If a separate warranty certificate is not issued, the relevant purchase receipt (hereinafter referred to as the “warranty certificate”) serves as the warranty certificate.
1.7. Exclusion of entrepreneurs
This complaint procedure does not apply to the purchase of goods by entrepreneurs who purchase goods as part of their commercial or other business activity according to the GTC. The rights and obligations of the Operator and the Buyer – entrepreneur regarding defects in goods are regulated in the Commercial Code of the Slovak Republic.
2. Warranty period
2.1. The warranty period begins on the day the Buyer takes over the goods.
2.2. The legal warranty period is 24 months.
2.3. The Operator may extend the statutory period. The length of the extended warranty period is always indicated on the warranty certificate. Unless a different warranty period is indicated in the warranty certificate, the period is 24 months.
2.4. The warranty period consists of the statutory period (24 months) and any extended period. Within the statutory warranty period, complaints are governed by the Civil Code No. 40/1964 Coll. § 619-627, taking into account these complaints procedures. (With an extended period, complaints are governed exclusively by these procedures.)
2.5. Discounted goods
An exception may be goods sold at a discount (damaged, used, incomplete goods, etc.). If the Buyer is a consumer and if the goods are used, the Operator is not liable for defects corresponding to the degree of use or wear and tear that the goods had when the Buyer took them over. Rights from liability for defects in the goods shall lapse if they have not been exercised within 24 months from the date of the Buyer taking over the goods. The Operator may shorten this period by agreement with the Buyer, but not to less than 12 months. The Operator shall state this period in the document on the sale of the goods. For goods sold at a lower price due to a defect or incompleteness, the warranty does not apply to defects due to which the lower price was agreed.
2.6. The Buyer’s rights from liability for defects in goods for which the warranty period applies will expire if they are not exercised within the warranty period.
3. Warranty conditions
3.1. The Operator is responsible for ensuring that the goods are of the quality, quantity, measure and weight specified when sold. The goods must be free of defects and must comply with applicable technical standards.
3.2. The Operator is responsible for defects in the sold goods upon receipt by the Buyer and for defects that occur after receipt of the goods during the warranty period.
3.3. Exceptions to the warranty
The warranty does not apply to defects caused by improper use of the goods or due to force majeure, natural disasters, etc., nor to any damage resulting therefrom. Furthermore, the warranty does not apply to defects caused by poor operation, unprofessional or inappropriate handling, use and installation that are contrary to the user manual. The warranty does not apply to defects that the Buyer was notified of by the Seller at the time of concluding the contract, or that, taking into account the circumstances under which the Purchase contract was concluded, he should have known about.
Furthermore, the warranty does not apply to damage caused by:
- a) mechanical damage to the goods,
- b) use of the goods in inappropriate conditions,
- c) the goods were damaged by excessive loading or in violation of the conditions specified in the documentation or general principles,
- d) unqualified interventions or changes to parameters.
3.4. The period from the exercise of the right of liability for defects until the time when the Buyer was obliged to take over the item is not included in the warranty period. If the goods are exchanged, the warranty period begins again from the time of taking over the new goods.
3.5. If the Operator offers the customer additional goods as a gift free of charge with the goods sold when purchasing goods, it is up to the customer whether to accept the offered gift. However, the gift is not a sold good, therefore the Operator is not liable for its possible defects. However, if he knows about any defects in the gift, he is obliged to notify the customer of them when offering the gift. If the gift has defects that the Operator did not notify the customer of, the customer is entitled to return it. If the customer has the right to withdraw from the Purchase contract (refund), the customer is obliged to return everything he received to the Operator, i.e. also the goods received as a gift.
3.6. The Buyer is entitled to check the condition of the shipment and the goods immediately upon delivery. The Buyer is entitled to refuse to accept a shipment that does not comply with the Purchase contract, for example, because the shipment is incomplete (except if the order is fulfilled by multiple deliveries) or damaged. If the Buyer accepts a damaged shipment from the carrier, it is necessary to describe the damage in the carrier’s handover protocol.
3.7. Incomplete or damaged shipments must be reported immediately by e-mail to the address: info@martindadubovska.com, a damage report must be drawn up with the carrier and sent to the Operator by fax, e-mail or post without undue delay. Additional complaints about incompleteness or external damage to the shipment give the Operator the opportunity to prove that this is not a breach of the Purchase contract.
3.8. The Buyer can send the defective goods for complaint by shipping service to the address that the Operator will provide to the Buyer after contacting info@martinadubovska.com. The package should be visibly marked “COMPLAINT” and contain: the claimed goods (including complete accessories), download the complaint form in which you describe a detailed description of the defect and the Buyer’s contact details (return address, phone number). Without the above, it is impossible to identify the origin and defect of the goods.
3.9. The Buyer shall prove the validity of the warranty by presenting the purchase receipt which also serves as a warranty certificate. If the goods have been claimed in the past, it is also necessary to provide proof of the claim. The claim certificate must have the same serial number as the product claimed (if the product has a serial number).
3.10. The Operator has the right to refuse to accept goods for a claim in cases where the claimed goods or their components are contaminated or do not meet the basic requirements for hygienically safe delivery of goods for the claim process.
4. How to handle a complaint
4.1. If the defect is remediable, the Buyer has the right to have it repaired free of charge, in a timely and proper manner. The Operator is obliged to remove the defect without undue delay.
4.2. Instead of removing the defect, the Buyer may request the replacement of the goods, or if the defect only concerns a part of the goods, the replacement of this part, if this does not result in unreasonable costs for the Operator considering the price of the goods or the severity of the defect.
4.3. The Operator may always replace the defective goods with goods without defects instead of removing the defect, if this does not cause serious difficulties for the Buyer.
4.4. If the defect is irreparable and prevents the goods from being used properly as goods without defects, the Buyer has the right to exchange the goods or the right to withdraw from the Purchase contract (refund).
4.5. The Buyer has the right to exchange the goods or the right to withdraw from the Purchase contract (refund) even if it is a removable defect, but if the Buyer cannot use the goods properly due to the reoccurrence of the defect after its removal.
4.6. If the defect is irremovable but does not prevent the proper use of the goods, the Buyer has the right to a reasonable discount on the price of the product.
4.7. If the Buyer has the right to exchange the goods or the right to withdraw from the Purchase contract (refund), it is up to the Buyer to exercise which of these rights. However, once he has chosen one of these rights, he cannot unilaterally change this choice.
4.8. If the consumer files a complaint, the Operator or an employee authorized by him or her or a designated person is obliged to inform the consumer about his rights as stated above.
4.9 Determining the method
Based on the Consumer’s decision, which of the rights the Consumer applies, the Operator is obliged to determine the method of handling the complaint immediately, in complex cases no later than 3 working days from the date of filing the complaint. In justified cases, especially if a complex technical assessment of the condition of the goods or service is required, no later than 30 days from the date of filing the complaint.
4.10 Complaint handling
After determining the method of handling the complaint, the complaint will be handled immediately; in justified cases, the complaint may be handled later; however, the handling of the complaint may not take longer than 30 days from the date of filing the complaint.
The following are considered to be the settlement of the complaint:
(i) handing over or sending new or repaired goods to the Buyer, or delivery of information that the goods are ready for collection,
(ii) sending funds corresponding to the discount on the price of the goods or the returned Purchase price to the Buyer, or sending information to the Buyer that the relevant amount is ready for collection,
(iii) justified rejection of the complaint about the goods.
After the period for handling the complaint has expired in vain, the Consumer has the right to withdraw from the Purchase contract or has the right to exchange the goods for new goods.
4.11 Claim within 12 months of purchase
If the Consumer has made a complaint about the goods within the first 12 months of purchase, the Operator may only reject the complaint based on a professional assessment; regardless of the result of the professional assessment, the Consumer may not be required to pay the costs of the professional assessment or other costs related to the professional assessment. The Operator is obliged to provide the consumer with a copy of the professional assessment justifying the rejection of the complaint no later than 14 days from the date of handling the complaint.
4.12 Claim after 12 months from purchase
If the Consumer has filed a product claim after 12 months from purchase and the Operator has rejected it, the person who handled the claim is obliged to indicate in the document on the settlement of the claim to whom the consumer can send the goods for expert assessment. If the goods are sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other related costs incurred in a reasonable manner, shall be borne by the Operator, regardless of the result of the expert assessment. If the Consumer proves the Operator’s liability for the defect through an expert assessment, he may file a claim again; the warranty period does not expire during the expert assessment. The Operator is obliged to reimburse the consumer within 14 days from the date of the re-filing of the claim all costs incurred for the expert assessment, as well as all related costs incurred in a reasonable manner. A re-filed claim cannot be rejected.
4.13 Costs of expert assessment
If the Consumer sends the goods for expert assessment to a designated person, the costs of the expert assessment, as well as all other related costs incurred in this regard, are always borne by the Operator, i.e. throughout the entire warranty period, regardless of the result of the expert assessment.
However, if the goods are sent for expert assessment to a person other than the designated person, i.e. an expert or an authorized, notified or accredited person, the Operator is obliged to reimburse the consumer for the costs of the expert assessment, as well as all other related costs incurred in this regard only if the expert assessment proves the Operator’s liability for the claimed defect, within 14 days from the date of the re-submission of the claim.
4.14. The Operator is obliged to issue a confirmation to the customer when making a complaint. This confirmation is a copy of the complaint protocol. This confirmation should include, in addition to the contact details of the Operator and the consumer, a description of the defect and whether the consumer requests repair, replacement, withdrawal from the contract or a discount on the Purchase price, depending on the nature of the defect, as well as the date of making the complaint.
4.15. If the complaint is made by means of distance communication, e.g. by telephone, the Operator is obliged to deliver the confirmation of the complaint to the consumer as soon as possible, but at the latest together with the document on the settlement of the complaint. The confirmation of the complaint does not have to be delivered if the consumer has the opportunity to prove the claim in another way, e.g. by e-mail.
4.16. The Operator is obliged to issue a written document confirming the settlement of the complaint no later than 30 days from the date of the claim. This written document is a copy of the complaint protocol with the complaint settlement box filled in, a letter containing a written notification of the settlement of the complaint, or an SMS message or e-mail message containing information about the settlement of the complaint with a written confirmation of its sending.
4.17. After a justified complaint is resolved, the warranty period is extended by the duration of the complaint. If the complaint was resolved by replacement, any subsequent complaint is considered the first complaint about the goods.
5. Buyer’s cooperation
5.1. The Buyer is obliged to provide the Operator, or the authorized service, with any assistance necessary to verify the existence of the claimed defect and to eliminate it (including the corresponding necessary testing or dismantling of the goods).
5.2. The Buyer is also obliged to deliver the goods clean in proper packaging in accordance with hygiene regulations or general hygiene principles, including all its components and accessories, enabling such verification and removal of the defect, when making a complaint.
5.3. The Buyer is obliged to take over the goods from the warranty repair no later than one (1) month from the notification of its performance.
6. Alternative dispute resolution
6.1. The Buyer has the right to contact the Operator with a request for redress if he is not satisfied with the way in which the Operator has handled his complaint or if he believes that the Operator has violated his rights. The Buyer has the right to file a motion to initiate alternative dispute resolution if the Operator has responded negatively to the request for redress or has not responded to it within 30 days from the date of its sending.
6.2. The alternative dispute resolution body is:
Slovak Trade Inspection
Central Inspectorate
Department for International Relations and Alternative Dispute Resolution: Bajkalská 21/A, P.O.Box č.29, 827 99 Bratislava
http://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi
Address for submitting submissions in electronic form: ars@soi.sk, adr@soi.sk
The consumer can also use the website to submit a proposal to initiate out-of-court dispute resolution and to obtain information on out-of-court resolution of consumer disputes (including cross-border disputes) https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
7. Final provisions
7.1. This complaint procedure is valid from 04.02.2025.
7.2. The Operator reserves the right to change the complaints procedure without prior notice by posting its new wording on the e-shop website.
7.3. When sending an order for goods from the Operator’s e-shop, the Buyer will be asked to confirm that he has read this valid complaint procedure.