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B2B Complaints

Author: black.Published in: 12.07.2022

 

Article I.
Introductory Provisions

 
This Complaints Procedure regulates the relationship between the Buyer and the Merchant, which is the company OPTIMISED SOLUTIONS, s.r.o., with its registered office at Živnostenská 2, 811 06 Bratislava, Company ID (IČO): 45 249 440, Tax ID (DIČ): 2022910747, VAT ID (IČ DPH): SK2022910747, registered in the Commercial Register of the Bratislava III District Court, Section: Sro, Insert No.: 61034/B, Email: ahoj@black.sk, Phone: +421 911 212 185 (hereinafter referred to as the "Merchant").
This document also governs the mutual rights and obligations arising from the Purchase Agreement (hereinafter referred to as the "Agreement"), the subject of which is the sale of goods via the Merchant's online store, operated on the website https://www.black.sk.

 

Article II.
General Provisions

 
  1. This Complaints Procedure is an integral part of the General Terms and Conditions (hereinafter referred to as the "Terms and Conditions"), which are published on the Merchant’s website https://www.black.sk.
  2. This Complaints Procedure applies exclusively to the relationship between the Merchant and the Buyer, where the Buyer is a business entity (B2B).
  3. This Complaints Procedure applies solely to purchased products that are subject to the Agreement concluded between the Buyer and the Merchant via the Merchant’s online store.
  4. This Complaints Procedure is drafted in accordance with applicable and binding legal regulations governing the relationship between the Merchant and the Buyer.

 

Article III.
Warranty Period and Warranty Conditions

 
  1. A Buyer who is a business entity (B2B) has the right to claim liability for defects within 12 months from the date of purchase of the product from the Merchant, unless a different period is specified in the warranty certificate.
  2. The relationship between the business Buyer and the Merchant is governed by the relevant provisions of Act No. 513/1991 Coll. Commercial Code.
  3. The warranty period begins on the day the Buyer takes possession of the purchased product.
  4. The warranty period is suspended for the duration in which the Buyer was unable to use the product due to a warranty repair.
  5. A discount on the purchase price must be proportional to the difference between the value of the defective product and the value it would have had if it were free of defects.
  6. The warranty does not cover damages resulting from:
    • Mechanical damage to the product.
    • Improper use of the product contrary to its intended purpose and general usage guidelines.
    • Unprofessional handling of the product.
    • Significant neglect of care, in cases where proper maintenance could have prevented the defect.
    • Natural disasters or force majeure events.

 

Article IV.
Merchant’s Liability

 
  1. The Merchant is responsible for any defect present at the time of product delivery that appears within 12 months from the date of delivery, unless a different period is specified in the warranty certificate.
  2. If a defect appears within the warranty period, the Buyer must prove that the defect existed at the time of delivery, unless the nature of the product or defect suggests otherwise.

 

Article V.
Rights and Obligations of the Buyer

 
  1. The Buyer has the right to claim liability for defects within the warranty period specified in Article IV, Section 1.
  2. The Buyer has the right to request repair, replacement, a reasonable discount on the purchase price, or withdrawal from the Agreement, depending on the nature and severity of the defect.
  3. The Buyer may choose between repair or replacement unless the chosen method is impossible or would impose unreasonable costs on the Merchant, considering factors such as:
    • The value of the product if it were free of defects.
    • The severity of the defect.
    • Whether an alternative solution would cause the Buyer significant inconvenience.
  4. If the defect is irreparable but does not prevent normal use, the Buyer has the right to request a reasonable discount on the purchase price.
  5. If the defect is irreparable and prevents normal use, the Buyer has the right to withdraw from the Agreement. The Buyer may also withdraw from the Agreement if the same defect reappears after repair or if multiple defects make the product unusable.
  6. The Buyer is responsible for ensuring that the product is properly packaged before sending it for a complaint procedure to prevent any further damage during transport.
  7. The Buyer must submit the complaint without undue delay after discovering the defect and must provide all necessary documentation required for processing the complaint.
  8. If the Buyer fails to report the defect within the warranty period, the right to claim liability for the defect expires.

 

Article VI.
Rights and Obligations of the Merchant

  1. The Merchant has the right to reject a complaint if the defect was caused by improper use, mechanical damage, unprofessional handling, or other external factors not related to the product’s quality.
  2. The Merchant is obligated to assess and process the complaint within a reasonable period, taking into account the nature of the defect and the complexity of the repair or replacement.
  3. The Merchant must inform the Buyer about the result of the complaint process and provide details on the next steps, including repair, replacement, discount, or rejection of the complaint.
  4. If the Merchant recognizes the complaint as justified, they must repair or replace the product within a reasonable time, or if neither option is possible, offer a reasonable discount or allow the Buyer to withdraw from the Agreement.
  5. If the Buyer withdraws from the Agreement due to a justified complaint, the Merchant is obligated to refund the Buyer within 14 days of the withdrawal date.
  6. The refund will be processed using the same payment method the Buyer used for the original purchase, unless the Buyer and Merchant agree on a different method.

 

Article VII.
Filing a Complaint

 
  1. The Buyer has the right to file a complaint regarding defects within the warranty period specified in Article IV, Section 1.
  2. The Buyer may submit a complaint in person, by mail, or electronically using the contact details provided by the Merchant.
  3. The complaint must include the following information:
    • Buyer's identification details (company name, registered address, contact information).
    • Order number or invoice number as proof of purchase.
    • Product name and description of the defect.
    • Preferred method of resolving the complaint (repair, replacement, discount, or withdrawal from the Agreement).
  4. If the Buyer submits a complaint electronically, they must also attach photographic or audiovisual evidence showing the defect.
  5. The Buyer must submit all necessary documentation required for processing the complaint along with the defective product. If the required documents are missing, the Merchant may request them from the Buyer. If the Buyer fails to provide the documents despite repeated requests, the Merchant has the right to reject the complaint.
  6. The Buyer must properly package the defective product before sending it to prevent further damage during transport.
  7. If the Merchant rejects the complaint, they must provide the Buyer with a written explanation of the rejection.
  8. If an independent expert report confirms the Merchant’s liability for the defect, the Buyer may resubmit the complaint, and the Merchant must acknowledge it.
  9. The Buyer has the right to request reimbursement of reasonable costs incurred for obtaining an expert opinion if the complaint is justified.

 

Article VIII.
Complaint Process and Product Collection

 
  1. The complaint process (hereinafter referred to as the "Process") begins on the day the Buyer submits a complaint to the Merchant using any of the methods specified in Article VII, Section 2.
  2. If the complaint cannot be resolved immediately, the Merchant will issue the Buyer a confirmation of complaint acceptance, which will include:
    • Identification details of the Merchant and the Buyer.
    • Product name, quantity, condition, and a description of the defect.
    • Buyer's requested method of complaint resolution.
  3. The Merchant will specify an estimated timeframe for resolving the complaint. However, the total duration of the complaint process must not exceed 30 days from the date the Buyer submits the complaint unless extended due to objective reasons beyond the Merchant’s control. In such a case, the Merchant must inform the Buyer without undue delay.
  4. The time during which the complaint process is ongoing does not count toward the warranty period.
  5. Once the complaint has been processed, the Merchant will issue a confirmation of resolution and inform the Buyer, primarily via electronic communication, using the email address provided by the Buyer. The notification will include instructions on how to collect or receive the product.
  6. The Buyer is obligated to collect the complained product once the complaint process has been completed.
  7. The Merchant will deliver the repaired or replaced product to the Buyer at their own expense using the same or a similar method as used by the Buyer when sending the defective product, unless agreed otherwise.
  8. If the Buyer fails to collect the product within 6 months from the date they were supposed to do so, the Merchant may sell the product. If the product has a high value, the Merchant will inform the Buyer in advance about the intended sale and provide them with a reasonable additional period to collect the product.
  9. After selling the product, the Merchant must pay the Buyer the proceeds from the sale, minus any reasonable costs incurred for storage and sale, if the Buyer claims their share within the period specified by the Merchant in the notification about the intended sale.
  10. If the Merchant is unable to sell the product or if the expected sale price is too low to cover the storage and sales costs, the Merchant may dispose of the product at their own expense.

 

Article X.
Final Provisions

 
  1. This Complaints Procedure comes into effect on the date of its publication on the Merchant’s website, i.e., on February 25, 2025.
  2. The Merchant reserves the right to change or update this Complaints Procedure at any time. Any changes take effect on the date of their publication on the Merchant’s website.
  3. The Merchant’s obligation to inform Buyers about the adoption of a new or updated Complaints Procedure is considered fulfilled on the date of its publication, as stated in the previous section.
  4. Any matters not covered by this Complaints Procedure shall be governed by the laws of the Slovak Republic, which regulate the relationship between the Merchant and the Buyer.
  5. If any provision of this Complaints Procedure becomes invalid or ineffective, it does not affect the validity of the remaining provisions. Only the affected provision shall be considered void.

 

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