COMPLAINTS PROCEDURE
CONTACTNERY.sk
BAUGRUP s.r.o., registered office: Galvaniho 7/D, Bratislava – Ružinov 821 04, ID No.: 46 129 375,
registered in the Commercial Register of the District Court Bratislava I, Section: Sro, Insert No.: 72355/B
I. General provisions
1. The Complaints Procedure is an integral part of the General Terms and Conditions (hereinafter referred to as
as “GTC”) of the Seller. Describes the method and procedure for claiming the object of sale
acquired from the seller.
2. The buyer (entrepreneur or consumer) is obliged to get acquainted with the complaints procedure and
general terms and conditions before sending an order for the object of sale.
The Buyer acknowledges that he is obliged to provide the Seller with the necessary cooperation
necessary to process the claim. Otherwise, the time limits shall be adequately extended by time,
during which the buyer has not provided the required cooperation.
3. By submitting the order, the buyer agrees to this Complaint Procedure. Definitions of terms
contained in this Complaint Procedure take precedence over the definitions in the GTC. If
this Complaint Procedure does not define the term, it shall be understood in the sense in which it is defined in
VOP. If it is not defined there either, it shall be construed in the sense in which it is used by the applicable and effective
legislation.
4. The Seller declares that he is the exclusive owner of the object of sale and that no third party
no right attaches to the object of the sale which would be capable of interfering with the acquisition of
ownership rights by the Buyer.
5. After a legitimate claim has been settled, the warranty period is extended by the duration of the claim. V
in the event of an unjustified claim, the warranty period is not extended. The duration of the claim is
is calculated from the day after the claim is made until the day the claim is settled. By
the day of the receipt of the notification to the Buyer about the settlement of the complaint.
The Seller shall send the notification of the complaint to the Buyer’s e-mail address specified in
in the order of the object of sale.
II. Length of warranty
1. The Seller provides the Consumer with a warranty of 24 (twenty-four) months. Seller
provides a guarantee to the entrepreneur of 12 (twelve) months. The warranty starts from the date of
acceptance of the object of sale by the buyer. The object of the sale shall be deemed to have been accepted:
– by signing the Acknowledgement of Container Pickup by both parties (acceptance
the object of sale in the Seller’s Showroom according to point 3 of Article IV. GTC)
– by placing the object of sale at the place designated by the buyer (point 4, article IV. of the GTC)
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2. When the buyer is a consumer, within the statutory warranty period, claims are governed by Act no.
40/1964 Coll. Civil Code and Act No. 250/2007 Coll. on consumer protection.
III. Liability for defects
1. The Seller shall be liable for defects in the object of sale upon receipt by the Buyer and for defects,
that occur after the acceptance of the object of sale within the warranty period. For the object of sale
sold for a lower price due to a defect in the object of sale, the seller is not liable for the defect,
for which a lower price has been negotiated.
2. The period from the exercise of the right of liability for defects until the time when the buyer after the end of the
repairs were obliged to take over the object of sale, does not count towards the warranty period.
3. Liability rights for defects in the object of sale, for which the warranty period applies, expire if
have not applied within the warranty period.
4. The seller is not responsible for minor scratches or scrapes on the object of sale
as a result of the transport of the object of sale. The buyer acknowledges the above by sending
orders to the seller.
5. The warranty does not cover:
(a) changes in the characteristics of the products caused by the natural ageing of the material of which it is
object of sale manufactured
(b) changes in the colour of products caused by weathering (e.g. environmental pollution
environment, dust, pollution caused by construction activities), inappropriate
use or storage or improper maintenance and cleaning
c) using the object of sale in conditions that do not correspond to its temperature,
dust, humidity, chemical and mechanical influences of the environment, which is directly
specified by the seller or manufacturer
(d) improper installation, handling, operation or neglect
about the object of sale
e) damage to the object of sale by excessive loading (containers must not be stacked,
unless they are custom-made for this purpose from a sturdier frame) or by using
in violation of the conditions set out in the documentation or the general principles
f) the object of sale modified by the buyer (painting, bending, etc.), if a defect has occurred in
as a result of this modification
g) damage to the object of sale by natural elements or force majeure
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6. These limitations do not apply if the characteristics of the object of sale that are contrary to the above
the terms and conditions set out above, expressly agreed by the buyer and the seller, exchanged or
declared by the seller.
IV. Making a claim
1. The Buyer may complain about the object of sale by sending a letter to the address of the Seller’s registered office.
Contact details of the seller for delivery by mail are BAUGRUP s.r.o., Galvaniho 7/D,
Bratislava – Ružinov 821 04. The buyer may also claim the object of sale
by sending an e-mail to the Seller’s e-mail address obchod@kontajnery.sk.
2. In the complaint, the buyer is obliged to specify the defect of the object of sale. The buyer is obliged to
provide proof of purchase of the object of sale from the seller. The buyer is on
at the request of the Seller, to send the Seller photographs showing the defect
the object of the sale.
3. The Seller shall issue a written confirmation to the Buyer immediately upon receipt of the claim,
when the claim was made and what it contains. Confirmation is sent by the seller by e-mail
to the buyer’s e-mail address specified when ordering the object of sale. The confirmation serves only as
proof of receipt of the claim. The condition of the object of sale and its possible defects will be assessed within
complaints procedure.
V. Method of complaint handling
A. Buyer (consumer)
1. If the defect can be rectified, the buyer has the right to free, timely and proper
Removal. The seller decides on the method of removing the defect and is obliged to remove the defect without
remove it without undue delay, either personally or through an authorised person.
2. The buyer may demand the replacement of the object of sale instead of the removal of the defect, if by doing so
the seller does not incur disproportionate costs in relation to the price of the object of sale; or
the severity of the defect. If the defect relates only to a part of the object of sale, the buyer has the right to demand replacement
of this component.
3. The Seller may always replace the defective object of sale instead of removing the defect, if it
will not cause serious inconvenience to the buyer.
4. If there is a defect which cannot be remedied and which prevents the object of sale from being
properly used as the object of sale without defect, the buyer has the right to exchange the object of sale
or the right to withdraw from the purchase contract.
5. The buyer has the right to exchange the object of sale or the right to withdraw from the contract even if,
if it is a remediable defect, but if the buyer cannot, due to the recurrence of the defect after
repair the object of sale to be used properly. The reoccurrence of a defect after repair shall be deemed to be
the condition if the same defect occurs a third time after at least two previous repairs.
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6. The buyer has the right to exchange the object of sale or the right to withdraw from the contract even if,
if the defects are remediable, but if the buyer cannot sell the object of sale due to a greater number of defects
properly enjoy. At least three different reparable defects at the same time shall be considered as a plurality of defects,
each of which prevents proper use.
7. If the Seller fails to settle the claim within 30 days, the Buyer shall have the same rights as if it were
an irremediable defect, i.e. j. the right to exchange the goods or withdraw from the contract.
8. If the defect is irremediable, but does not prevent the proper use of the object of sale, the
the buyer is entitled to a reasonable discount on the price of the object of sale.
9. The choice of the method of complaint handling is made by the buyer. Sellers on the inappropriateness of the choice
notify the buyer and suggest an appropriate method (especially if the buyer requires a method
relating to a correctable defect, but the seller finds that the defect is not correctable). If
the Buyer does not choose the method of handling the complaint within a reasonable period of time provided by the Seller,
chosen by the seller.
10. If the Buyer makes a claim, the Seller or an employee authorized by the Seller or a designated
the person is obliged to instruct the buyer of his rights referred to in points 1 to 8 of this article
the Complaints Procedure. Based on the buyer’s decision which of these rights the buyer
claims, the seller is obliged to determine the method of handling the claim:
a) immediately
(b) in complex cases, no later than 3 working days from the date of the complaint
(c) in justified cases, in particular where a complex technical assessment of the situation is required
the product or service, no later than 30 days from the date of the claim.
11. Once the method of complaint handling has been determined, the complaint shall be handled immediately, in justified cases
the claim may be settled at a later date; however, it must not take longer than 30 days to settle the claim
from the date of the claim. If the acceptance of the subject of the complaint by the Seller occurs in
day later than the day on which the claim is made, the time limits for processing the claim under this
paragraph shall commence from the date of acceptance of the subject of the complaint by the Seller; however, no later than
from the moment when the Seller prevents or prevents the acceptance of the object of the complaint. After
the expiry of the time limit for processing the complaint, the buyer has the right to withdraw from the contract or has the right to
to exchange the object of sale for a new object of sale.
12. The Seller is obliged to show a copy of the receipt to the supervisory authority upon request
the complaint, the reasons why it is not possible to decide on the method of handling the complaint immediately
and for which the claim cannot be settled immediately after the method of settling the claim has been determined,
sending or the results of the professional assessment and a copy of the proof of the complaint.
13. If the Buyer has made a claim for a product within the first 12 months of purchase, the Seller may
deal with the claim by rejecting it only on the basis of a professional assessment; regardless of the outcome
professional assessment, the buyer cannot be required to pay the costs of the professional
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assessment or other costs related to the expert assessment. The Seller is obliged to provide
the buyer a copy of the professional assessment justifying the rejection of the claim no later than
within 14 days from the date of the complaint.
14. If the buyer has made a claim for the product after 12 months from the purchase and the seller has rejected it,
the person who handled the complaint is obliged to state in the complaint handling document to whom he/she can
the buyer to send the product for professional assessment. If the product is sent for professional assessment
to the designated person, the cost of the professional assessment, as well as any other related expedient
the costs incurred shall be borne by the seller regardless of the outcome of the expert assessment. If
the buyer proves the seller’s liability for the defect by professional assessment, the buyer may
reassert the claim; the warranty period does not expire while the professional assessment is being carried out.
The Seller is obliged to reimburse the Buyer within 14 days from the date the claim is reasserted for all
the costs incurred for the expert assessment, as well as any related costs reasonably incurred
Costs. A reasserted claim cannot be rejected.
15. If the Buyer is not satisfied with the manner in which the Seller has handled his complaint
or believes that the seller has violated his rights, the buyer has the right to turn to
the seller with a request for redress. If the seller or a designated person authorised to
assess the defects at the request of the buyer according to the previous sentence, responds negatively or
fails to respond to such a request within 30 days from the date of its dispatch by the Buyer, the Buyer shall
the right to file a petition for the initiation of an alternative dispute resolution pursuant to the provisions of Section 12 of Act No.
391/2015 Coll. on alternative dispute resolution for consumer disputes and amending certain
laws as amended. The competent body for alternative dispute resolution for consumer disputes
with the Seller is the Slovak Trade Inspection Authority or another competent authorised legal person
registered in the list of alternative dispute resolution entities maintained by the Ministry of
Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/);
the buyer has the right to choose which of the above alternative dispute resolution entities to
turns. The buyer may file a motion for alternative dispute resolution for his consumer dispute
use the online dispute resolution platform available on the website
http://ec.europa.eu/consumers/odr/.
B. Buyer (entrepreneur)
1. The Buyer is obliged to notify the Seller without undue delay of any defects in the object of sale,
but within a maximum of 24 hours of their discovery. The Seller, by prior agreement with
the buyer shall arrange for a professional assessment of the complaint within 30 days.
2. The Buyer is entitled to demand free repair of defects for which the Seller is liable on account of
the guarantee provided. The repair must be commenced within 30 days of the claim being made with the Seller and
must be completed in a technically adequate and reasonable time. At the discretion of
repairs will be carried out either at the location of the object of sale or in
the seller’s premises. Shipping costs shall be borne by the seller.
3. Complaints or any suggestions can be made by the buyer at the following e-mail address
obchod@kontajnery.sk . A reply will be sent depending on the form of the complaint
or complaint within 30 days of its receipt.
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VI. Final provisions
1. This Complaints Procedure has been formulated and established in good faith, in order to fulfil
the legal conditions and arrangements for fair commercial relations between the seller and
buyers. If any provision of these Complaints Procedure is invalid or
unenforceable, in whole or in part, the validity and enforceability of other provisions; and
the remaining parts of the relevant provision remain unaffected.
2. The Seller and the Buyer agree that they fully accept remote communication – telephone, fax
(including handwritten orders), electronic form of communication, in particular via
electronic mail and internet network as valid and binding on both parties.
3. The Complaints Procedure is effective from 01.01.2023.