Update: 12 April 2023
Maxspan s.r.o.
Company ID (IČO): 51649764
Tax ID (DIČ): 2120750511
VAT ID (IČ DPH): SK2120750511
Registered office: Prievozská 1307/9, 821 09 Bratislava – Ružinov borough, Slovak Republic
Registered in the Commercial Register of the District Court Bratislava, Section: Sro, File No.: 127882/B
IBAN: SK98 1100 0000 0029 4210 0696
Contact details:
E-mail: info@plantnest.eu
Website: www.plantnest.eu
(hereinafter referred to as the “Seller”)
The Seller operates an online store at www.plantnest.eu
The Seller issues this Complaints Procedure in accordance with the relevant provisions of Act No. 250/2007 Coll. on Consumer Protection and Act No. 102/2014 Coll. on Consumer Protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the Seller’s business premises. Through this Complaints Procedure, the Seller informs consumers about the terms and method of making complaints, the procedures for asserting and handling complaints, grievances and consumer submissions, including information on where a complaint may be submitted and on warranty repairs relating to goods purchased in the online store.
This Complaints Procedure, including any provided warranty, does not apply to goods and/or claims arising from defects in goods purchased in the online store by any person who is not considered a consumer within the meaning of the Consumer Protection Act and the Act on Consumer Protection in distance selling. In such cases, the rights and obligations arising from claims for defects in goods, as well as the procedure and method for handling such claims, are governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, and any other related legislation governing the position and enforcement of defect claims between business entities.
The Seller is liable to the Buyer for defects that the sold goods have at the moment the Buyer takes delivery. In particular, the Seller is liable that at the time the Buyer took delivery, the goods:
- have the characteristics agreed by the parties, and if no agreement exists, have such characteristics as the Seller or manufacturer described or as the Buyer could reasonably expect with regard to the nature of the goods
- are suitable for the purpose stated by the Seller or for which goods of this kind are normally used
- correspond in quality or design to the agreed sample or model, if quality or design was determined by an agreed sample or model
- are in the appropriate quantity or weight
- comply with the requirements of legal regulations
Where the subject of the purchase contract is used goods, the Seller is not liable for defects caused by their use or wear and tear. For goods sold at a lower price, the Seller is not liable for the defect for which the lower price was agreed. The Seller is also not liable for defects of which the Buyer was informed when concluding the purchase contract.
The warranty period is 24 months unless a different warranty period is stipulated for specific cases, and it runs from the date of delivery of the goods and confirmation of the necessary documents relating to the goods by an authorised person. The 24-month warranty period does not apply to items that perish quickly, including live goods. Where the subject of the purchase contract is used goods, the warranty period is 12 months.
The Buyer must submit a complaint regarding items that perish quickly (e.g., live goods) to the Seller without delay, immediately after discovering the defect, no later than 24 hours from receiving the shipment; otherwise, the Buyer’s right to free removal of the defect from the Seller shall expire.
The Buyer is entitled to assert rights arising from liability for defects only for goods that show defects caused by the manufacturer, supplier, or the Seller, are covered by a warranty, and were purchased from the Seller.
A defect shall not include a change in the properties of the goods caused by mechanical damage by the Buyer or a third party, improper handling, failure to report obvious defects upon receipt of the goods within 24 hours of receiving the shipment, use of the goods in conditions that do not correspond – by humidity, chemical and mechanical effects – to the natural environment of the goods, neglect of care, damage caused by excessive load, or use contrary to the conditions stated in the documentation, general principles, technical standards, safety regulations, or other breach of warranty conditions. Defects also do not include changes caused by natural disasters and the expiry of the warranty period. The warranty does not cover normal wear and tear of the item (or its parts) caused by use. A shorter product lifespan therefore cannot be considered a defect and cannot be claimed.
In the event of a defect, the Buyer may submit a complaint to the Seller and request:
If the defect can be remedied:
- free removal of the defect
- replacement of the goods with new goods
If the defect cannot be remedied:
- a reasonable discount from the purchase price
- replacement of the goods with new goods
- withdrawal from the contract
The Buyer has the right to withdraw from the contract:
- if the goods have a defect that cannot be remedied and which prevents proper use of the item as an item without defects
- if the goods cannot be properly used due to repeated occurrence of a defect or defects after repair
- if the goods cannot be properly used due to a larger number of defects
Products subject to spoilage, such as plants, are excluded from this right.
If the goods show a defect, the Buyer must assert it with the Seller without undue delay after the defect is discovered.
The Buyer asserts rights arising from liability for defects by completing a complaint form and delivering it together with the claimed goods to the Seller, or by delivering the complaint form electronically. The Buyer must precisely specify the type and scope of the defects. When submitting a complaint, the Buyer must prove that the claimed goods were purchased from the Seller. For this purpose, the Seller recommends presenting proof of purchase in particular.
The claimed product may be delivered to the Seller only after prior agreement made via email at info@plantnest.eu, to the company address Prievozská 1307/9, 821 09 Bratislava, by courier, or in person.
The moment of asserting liability for defects – i.e., submitting a complaint—is deemed to be the moment the claimed goods, together with all documents and accessories required by law, are delivered to the Seller.
The Seller shall process the complaint within 30 days from the date the complaint is submitted. The Seller will inform the Buyer of this only in writing, electronically to the email address provided by the Buyer in the order. The confirmation of receipt of the complaint will include, among other things, the identification of the Seller and the Buyer, the reason for the complaint as stated by the Buyer, the Buyer’s requested method of handling the complaint, the date and place of acceptance of the complaint, and the signature of the Seller’s employee.
The Seller or an authorised employee is obliged to inform the Buyer of the rights arising from liability for defects during the warranty period under the Civil Code. Based on which right the Buyer asserts, the Seller or authorised employee shall determine the method of handling the complaint immediately, in complex cases no later than 3 (three) working days from the date of submission, and in justified cases – especially where complex technical assessment of the goods is required – no later than 30 days from the date of submission. After determining the method of handling the complaint, the complaint shall be handled immediately; in justified cases, it may be handled later, but in any event no later than 30 days from the date of submission. If this time limit is missed, the Buyer has the right to withdraw from the purchase contract or to request replacement of the goods with new goods.
A complaint is deemed to be handled if the complaint procedure is concluded by handing over repaired goods, replacement of goods, refund of the purchase price, payment of a reasonable discount from the price, a written request to collect the performance, or a justified rejection of the complaint.
If the Buyer submits a complaint within the first 12 months from concluding the purchase contract, the Seller may reject the complaint only on the basis of a written expert opinion or a statement issued by an authorised, notified, or accredited person, or a statement by a person authorised by the manufacturer to perform warranty repairs (hereinafter “expert assessment”). Regardless of the outcome of the expert assessment, the Seller may not require the Buyer to pay the costs of the expert assessment or any other costs related to it.
The Seller shall provide the Buyer with a copy of the expert assessment justifying the rejection of the complaint no later than 14 days from the date the complaint is handled.
If the Buyer submits a complaint after 12 months from concluding the purchase contract and the Seller rejects it, the person who handled the complaint is obliged to state in the complaint handling document to whom the Buyer may send the goods for expert assessment. If the Buyer sends the goods for expert assessment to the designated person stated in the complaint handling document, the costs of the expert assessment as well as all other purposefully incurred related costs shall be borne by the Seller regardless of the outcome. If the Buyer proves the Seller’s liability for the claimed defect by expert assessment, the Buyer may submit the complaint again; the warranty period does not run during the expert assessment. The Seller is obliged to reimburse the Buyer, within 14 days from re-submission of the complaint, all costs incurred for the expert assessment and all other related purposefully incurred costs. Such a re-submitted complaint cannot be rejected.
The Seller is obliged to inform the Buyer about the handling of the complaint electronically. The Seller shall notify the Buyer of the deadline for collecting the claimed goods. The Seller is obliged to issue a written document on the handling of the complaint no later than 30 days from the date the complaint is submitted.
If the Buyer does not collect the claimed goods within the period set by the Seller, the Seller is entitled to charge reasonable storage fees or sell the goods on the Buyer’s account. The Seller must inform the Buyer of this procedure in advance and provide an adequate additional period for collecting the goods.
All contractual relationships between the Seller and the Buyer are concluded in accordance with the legal order of the Slovak Republic. If a consumer is a party to the contract, legal relations not regulated by the terms and conditions of rastlinkovo.sk shall be governed by Act No. 40/1964 Coll., the Civil Code, Act No. 250/2007 Coll., the Consumer Protection Act, and Act No. 102/2014 Coll. on Consumer Protection in distance selling or contracts concluded outside the Seller’s business premises, as amended.
If an entrepreneur is a party to the contract, legal relations not regulated by the terms and conditions of rastlinkovo.sk shall be governed by Act No. 513/1991 Coll., the Commercial Code, as amended.