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Claims Procedure

Author: black.Published in: 01.04.2021

 

Article I.
Introductory Provisions

 
This Complaints Procedure regulates the relationship between the Buyer and the Seller, 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 "Seller").
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 Seller'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 Seller’s website https://www.black.sk/en/business-terms.
  2. This Complaints Procedure applies only to the relationship between the Seller and the Buyer, where the Buyer is a consumer.
  3. This Complaints Procedure applies only to purchased products that are subject to the Agreement concluded between the Buyer and the Seller via the Seller’s online store.
  4. This Complaints Procedure is prepared in accordance with applicable and binding legal regulations governing the relationship between the Seller and the Buyer.
  5. The sold product must comply with both agreed and general requirements. This applies even to products with digital elements.
  6. The sold product complies with the agreed requirements if:
    • It matches the description, type, quantity, and quality specified in the Agreement.
    • It is suitable for the specific purpose the Buyer informed the Seller about before concluding the Agreement, and the Seller agreed to this purpose.
    • It has the functionality defined in the Agreement, considering its intended use.
    • It has the compatibility to function with the hardware or software commonly used for such products, without requiring modifications.
    • It has the interoperability to function with hardware or software different from those typically used with similar products (if specified in the Agreement).
    • It meets other characteristics defined in the Agreement.
    • It is delivered with all accessories specified in the Agreement.
    • It includes instructions for use, assembly, and installation, as defined in the Agreement.
    • It includes all updates specified in the Agreement (for products with digital elements).
  7. The sold product complies with general requirements if:
    • It is suitable for all common purposes of a product of its type, considering legal regulations, technical standards, or industry codes of conduct (if no technical standards exist).
    • It matches the description and quality of a sample or model made available to the Buyer before concluding the Agreement.
    • It is supplied with accessories, packaging, and instructions, including assembly and installation manuals that the Buyer can reasonably expect.
    • It is delivered in the expected quantity, quality, and with the expected characteristics, including functionality, compatibility, safety, and expected lifespan, based on the product’s nature and any public statements made by the Seller, manufacturer, or another entity in the supply chain (such as in marketing or labeling).
  8. A product does not need to meet general requirements if:
    • The Seller explicitly informed the Buyer at the time of concluding the Agreement that the product lacks a specific characteristic, and
    • The Buyer expressly and separately agreed to this deviation.

 

Article III.
Warranty Period and Warranty Conditions

 
  1. A consumer Buyer has the right to claim liability for defects within 24 months from the date of purchase of the product from the Seller.
  2. An entrepreneur Buyer has the right to claim liability for defects within 12 months from the date of purchase of the product from the Seller, unless a different period is stated in the warranty certificate. The relationship between the entrepreneur Buyer and the Seller 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 use 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.
Seller’s Liability

 
  1. The Seller is responsible for any defect present at the time of product delivery that appears within 24 months from the date of delivery.
  2. For used products, the Seller and the Buyer may agree on a shorter liability period, but it cannot be less than 12 months.
  3. If a defect appears within the period specified in Section 1 or 2, it is presumed that the defect existed at the time of delivery, unless proven otherwise or unless such a presumption is incompatible with the nature of the product or the defect.

 

Article V.
Rights and Obligations of the Buyer

 
  1. The Buyer has the right to withdraw from the Agreement within 14 days from the date of receiving the product.
  2. The Buyer has the right to have a defect corrected through repair, replacement, a reasonable discount on the purchase price, or withdrawal from the Agreement.
  3. The Buyer has the right to withdraw from the Agreement for product delivery even before the withdrawal period begins.
  4. The Buyer has the right to refuse to pay the purchase price or part of it until the Seller fulfills their obligations related to liability for defects, unless the Buyer is already in default in paying the purchase price or its part at the time of reporting the defect. The Buyer must pay the purchase price without undue delay once the Seller has fulfilled their obligations.
  5. The Buyer may choose between product repair or replacement as a way to correct the defect. However, the Buyer cannot choose a method that is impossible or would cause the Seller unreasonable costs compared to the alternative method, considering all circumstances, particularly the value of the product if it were free of defects, the seriousness of the defect, and whether an alternative method would cause the Buyer significant inconvenience.
  6. If the defect is irreparable but does not prevent normal use, the Buyer has the right to a reasonable discount on the purchase price.
  7. If the defect is irreparable and prevents normal use, the Buyer has the right to withdraw from the Agreement. The Buyer may also withdraw if defects reappear after repair or if there are multiple defects that prevent proper use of the product.
  8. The Buyer has the right to a reasonable discount or withdraw from the Agreement immediately without providing additional time if the Seller fails to repair or replace the product, the Seller refuses to correct the defect if repair or replacement is impossible, the same defect appears again even after repair or replacement, the defect is so serious that it justifies an immediate discount or withdrawal from the Agreement, or the Seller has stated, or it is evident from the circumstances, that they will not repair the defect within a reasonable time or without causing serious inconvenience to the Buyer.
  9. If the Agreement involves the purchase of multiple products, the Buyer may withdraw only for the defective product. However, they may also withdraw from the entire Agreement if it is unreasonable to expect them to keep the other products without the defective one.
  10. After withdrawing from the Agreement, the Buyer must return the product to the Seller. If the product was installed before the defect appeared, the Seller must remove it at their own expense. If the Seller fails to do so within a reasonable time, the Buyer may arrange for removal and return the product at the Seller’s expense and risk.
  11. The Buyer must return the product to the Seller within 14 days of withdrawal, unless the Seller agrees to personally collect it. The return period is met if the Buyer sends the product back on or before the last day of the period.
  12. The Buyer cannot withdraw from the Agreement if they contributed to the defect or if the defect is minor. The Seller has the burden of proof to show that the Buyer contributed to the defect or that the defect is minor.
  13. When withdrawing from the Agreement, the Buyer must cover only the costs of returning the product, unless the Seller has agreed to cover these costs or the Seller failed to inform the Buyer in advance that they must cover the return costs.
  14. The Buyer is responsible for any reduction in product value caused by handling the product beyond what is necessary to determine its characteristics and functionality. However, this does not apply if the Seller failed to inform the Buyer of their right to withdraw from the Agreement.
  15. If the Seller fails to process the complaint within the legal timeframe, the Buyer has the right to withdraw from the Agreement.

 

Article VI.
Rights and Obligations of the Seller

 
  1. The Seller has the right to refuse to correct a defect if repair or replacement is impossible or if it would require unreasonable costs, considering all circumstances, including those mentioned in Article V, Section 5.
  2. The Seller is obligated to repair or replace the product within a reasonable period, meaning the shortest possible time needed to assess the defect and complete the repair or replacement, taking into account the nature of the product, the nature and severity of the defect, and the Buyer's expectations for the product’s functionality.
  3. The Seller must correct the defect free of charge, at their own expense, and without causing serious inconvenience to the Buyer.
  4. The Seller must refund the Buyer all payments received, including shipping and handling costs, within 14 days from the date of receiving the withdrawal notification.
  5. The refund must be made using the same payment method the Buyer used for the original purchase unless the Buyer expressly agrees to a different method.
  6. The Seller is not required to refund the Buyer until the product is returned to the Seller or the Buyer provides proof that the product has been sent back, unless the Seller agrees to personally collect the product.
  7. The Seller cannot claim compensation for normal wear and tear of the product or for its use before withdrawal from the Agreement.
  8. If the defect is corrected by replacing the product, the Seller cannot claim compensation for the normal wear and tear of the original product or its use before replacement.

 

Article VII.
Filing a Complaint

 
  1. The Buyer has the right to file a complaint regarding defects only if they report the defect within two months of discovering it, but no later than within the period specified in Article IV, Sections 1 and 2.
  2. The Seller must provide the Buyer with a written confirmation of the complaint (hereinafter referred to as the "Confirmation") immediately after the Buyer reports the defect. The Confirmation must include the timeframe for resolving the complaint, which must not exceed 30 days from the date the complaint was reported, unless a longer period is justified due to an objective reason beyond the Seller’s control.
  3. The Buyer may submit a complaint in person or in writing at any of the Seller’s locations or by sending a written complaint to the Seller’s address:
    OPTIMISED SOLUTIONS, s.r.o.
    Živnostenská 2
    811 06 Bratislava
     
  4. The Buyer may also submit a complaint electronically by filling out the Complaint Form (hereinafter referred to as the "Form"), which can be downloaded from the Seller’s website.
  5. If the Buyer submits a complaint electronically, they must also attach photographic or audiovisual evidence showing the defect.
  6. The Buyer must submit all necessary documentation required for processing the complaint along with the defective product. If the necessary documents are missing, the Seller will request the Buyer to provide them. If the Buyer fails to provide the documents despite repeated requests, the Seller has the right to reject the complaint and return the product to the Buyer at their expense.
  7. The Buyer must properly pack the defective product before sending it to prevent any further damage during shipping.
  8. If the Seller rejects liability for the defect, they must provide the Buyer with a written explanation of the rejection.
  9. If the Buyer obtains an expert opinion or a technical report from an accredited, authorized, or notified body proving the Seller’s liability for the defect, the Buyer may resubmit the complaint. In such a case, the Seller cannot reject liability for the defect.
  10. The Buyer has the right to request reimbursement of the costs incurred for obtaining the expert opinion or technical report within two months.

 

Article VIII.
Complaint Process and Collection of the Complained Product

 
  1. The complaint process (hereinafter referred to as the "Process") begins on the day the Buyer submits a complaint to the Seller using any of the methods specified in Article VII, Sections 3 and 4.
  2. If the complaint cannot be resolved immediately, the Seller will issue the Buyer a confirmation of complaint acceptance, which will include all necessary details such as:
    • Identification of the Seller and the Buyer.
    • The product name, quantity, condition, and description of the defect.
    • The specific rights the Buyer is claiming under the complaint.
  3. The Seller will specify an expected 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. This period may be extended only if there are objective reasons beyond the Seller’s control, and in such a case, the Seller 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 Seller will issue a confirmation of resolution and inform the Buyer primarily via electronic communication to 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 Seller 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 Seller may sell the product. If the product has a high value, the Seller 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 Seller 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 Seller in the notification about the intended sale.
  10. If the Seller is unable to sell the product or if the expected sale price is too low to cover the storage and sales costs, the Seller may dispose of the product at their own expense.

 

Article IX.
Final Provisions

 
  1. This Complaints Procedure comes into effect on the date of its publication on the Seller’s website, i.e., on February 25, 2025.
  2. The Seller 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 Seller’s website.
  3. The Seller’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 Seller 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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