Complaints procedure
General provisions and definitions
BETALOV, s.r.o., with its registered office at the COV Building, Hollého 1854/9, 927 05 Šaľa, ID No.: 36554855, VAT No.: SK2021749653, registered in the Commercial Register of the District Court of Trnava, Section: Sro, Insert No.: 16363/T (hereinafter referred to as "BETALOV"), issues, in accordance with the provisions of Section 18(1) of Act No. 250/2007 on Consumer Protection, the following Complaints Procedure of BETALOV, s.r.o., (hereinafter referred to as the "Complaints Procedure"), which informs the customers of BETALOV, s.r.o. about the terms and conditions and the method of complaint, including information on where the complaint can be filed and on the performance of warranty repairs.
This Complaints Procedure has been prepared in accordance with the provisions of Act No. 250/2007 Coll. on Consumer Protection, as amended (hereinafter referred to as the "Act") and applies to consumer goods (hereinafter referred to as "Goods") for which the buyer's rights of liability for defects (hereinafter referred to as "Complaints") are exercised during the warranty period.
A seller is a person who, when concluding and performing a consumer contract, acts within the scope of his business or profession, or a person acting on his behalf or on his behalf.
The buyer is a consumer, i.e. a natural person who does not act within the scope of his business, employment or profession when concluding and performing a consumer contract. He is a subject who has entered into a contract with the Seller for the purchase of the Goods.
Complaint is understood as the application of liability for defects in a product or service purchased in the BETALOV, s.r.o., under the name BETALOV - hunting equipment located in the Slovak Republic or in the company's online store.
The settlement of a complaint shall be understood as the termination of the complaint procedure by handing over the repaired product, replacement of the product, refund of the purchase price, payment of a reasonable discount on the price of the product, a written invitation to take over the performance or a reasoned refusal.
The Buyer may file a product complaint with the Seller. If the warranty card specifies another person authorised by the manufacturer to carry out repairs (the designated person), who is at the Seller's location or at a location closer to the Buyer, the Buyer may exercise the right to repair with this designated person.
The Seller shall be liable for defects in the goods upon receipt by the Buyer. In the case of used goods, the seller is not liable for defects caused by their use or wear and tear. In the case of goods sold for a lower price, the Seller shall not be liable for the defect for which the lower price was agreed. Unless the goods are perishable or second-hand, the seller is liable for defects that occur after the goods have been taken over within the guarantee period (warranty).
Warranty conditions
The warranty period is 24 months and 12 months for used items. The warranty period starts from the date of receipt of the goods by the buyer. Liability rights for perishable goods must be exercised no later than the day after the purchase of the product, otherwise the rights will be extinguished. By a statement in a certified warranty certificate issued to the buyer or in an advertisement, the seller may grant a warranty exceeding 24 months, the terms and extent of the warranty to be specified in the warranty certificate. The warranty period for services (repair or modification of the item) is 3 months. The warranty period for the manufacture of a custom-made item is 24 months. If a period of use is indicated on the item sold, its packaging or the instructions accompanying it, the warranty period shall not expire before the expiry of this period. For a buyer who does not have the status of a consumer, the warranty period is 6 months.
The warranty does not cover mechanical damage to the goods by the buyer, use of the goods in inappropriate or unsuitable conditions, improper handling, neglect of care of the goods, improper assembly, improper handling and use of the goods, improper care of the goods, improper installation. The entitlement to free warranty repair shall also cease in the event of unprofessional assembly, unprofessional commissioning of the goods, unprofessional handling of the goods or any unprofessional tampering with the goods during the warranty period by a person other than the authorised person.
The Seller also reserves the right not to refund such goods and not to exchange them for other goods. All warranty repairs are free of charge. The Buyer is obliged to claim the defect of the product in due time. The Buyer is obliged to present the claimed product and to provide all necessary documents for the claim.
The Seller or a person designated by the Seller is obliged to instruct the Buyer who has filed a complaint about his rights under the Civil Code, and based on the Buyer's decision which of these rights he claims, the Seller is obliged to determine the method of handling the complaint immediately, in complex cases no later than 3 working days, in justified cases, especially if a complex technical evaluation of the condition of the product or service is required, no later than 30 days from the date of filing the complaint. After the expiry of the time limit for processing the complaint, the buyer has the right to withdraw from the contract or the right to exchange the product for a new product.
The buyer is entitled to withdraw from the contract in all cases provided for by the Law. Withdrawal is effective against the Seller from the moment when it receives the Buyer's written statement of withdrawal from the Contract. In the event of withdrawal from the contract, the contract shall be cancelled from the outset and the parties shall be obliged to return everything they have provided to each other on the basis of the contract.
At the customer's request, the seller is obliged to provide a guarantee in writing (guarantee letter). If the nature of the item so permits, it is sufficient to issue a tax receipt containing all the statutory particulars instead of a warranty certificate.
The warranty period is extended by the period during which the buyer could not use the goods due to warranty repair of the goods.
In the case of exchange of goods for new ones, the buyer will receive a receipt on which the exchanged goods will be indicated. Any further claims shall be made on the basis of the original delivery note and this claim document. In the case of replacement goods, the warranty period starts from the date of receipt of the new goods, but only for the new goods.
Liability rights for defects in the goods for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period.
Complaint handling
If the goods have a defect that can be remedied, the buyer has the right to have it remedied free of charge, in a timely and proper manner. The seller is obliged to remove the defect without undue delay.
However, the buyer should not continue to use the item on which he has found a defect. In the case of defects that occur after the purchase, they must be pointed out without undue delay from the discovery of the defect, at the latest before the expiry of the warranty period. After the expiry of the warranty period, the right to make a claim shall cease.
Wear and tear characteristic of the material or use shall not be considered a defect. It shall not be a defect if the nature of the item sold shows that its service life is shorter than the guarantee period and if, in the normal use of such item, it is subject to general wear and tear before the expiry of the guarantee period.
Instead of removing the defect, the buyer may require replacement of the item or, if the defect relates only to a part of the item, replacement of the part if this does not incur disproportionate costs for the seller in relation to the price of the goods or the severity of the defect. The seller may always replace the defective item with a faultless one instead of removing the defect, if this does not cause serious inconvenience to the buyer. If there is a defect which cannot be remedied and which prevents the thing from being properly used as a thing without defect, the buyer has the right to have the thing replaced or to withdraw from the contract. The same rights shall apply to the buyer if the defects are remediable, but if the buyer is unable to use the object properly because of the recurrence of the defect after repair or because of a greater number of defects. If there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the item.
The rights of liability for defects shall be exercised with the Seller from whom the item was purchased, by sending or personally delivering a duly completed written complaint together with the defective goods and the warranty certificate or proof of purchase to the address of the Seller's registered office. The Seller is not obliged to accept the shipment from the Buyer if its acceptance is conditional upon payment (cash on delivery).
In the event that the Buyer exercises its right and requires the removal of the defect of the goods by repair and the warranty certificate for the purpose of warranty repairs of the goods is designated by an entity other than the Seller, whose place of business is in the same place as the Seller or in a place closer to the Buyer, the Buyer shall exercise the right to warranty repairs with the entity specified in the warranty certificate.
In the event that it is not possible to apply for a warranty repair with an entity other than the Seller, the Seller shall arrange for the warranty repair. On the day of receipt of the claim, the Seller shall issue the Buyer with a document of receipt of the claim, in which the Seller shall precisely identify the defects of the goods in accordance with the provisions of Section 18(5) of the Consumer Protection Act. After the complaint has been settled, the Seller shall inform the Buyer by e-mail and at the same time deliver to the Buyer by e-mail or registered mail a written proof of the settlement of the complaint (complaint report) no later than 30 days from the date of the complaint.
If the Buyer has made a claim for a product within the first 12 months of purchase, the Seller may only reject the claim on the basis of a professional assessment; regardless of the outcome of the professional assessment, the Seller shall not require the Buyer to pay the costs of the professional assessment or any other costs related to the professional assessment. The Seller shall provide the Buyer with a copy of the professional assessment justifying the rejection of the claim within 14 days of the date of settlement of the claim at the latest.
If the Buyer has made a claim for the product after 12 months from the purchase and the Seller has rejected it, the Seller shall indicate in the claim document to whom the Buyer may send the product for professional assessment. If the expert opinion is in favour of the buyer, the buyer may reapply the claim; the seller cannot reject the reapplied claim. The costs of the expert assessment as well as all other related costs reasonably incurred shall be borne by the Seller. The Seller shall reimburse the Consumer within 14 days from the date of the reasserted claim for all costs incurred for the professional assessment as well as all other related costs. The warranty period shall not expire while the professional assessment is being carried out.
The Seller is obliged to issue a confirmation to the Buyer when making a claim. If the claim is made by e-mail, the Seller is obliged to deliver the confirmation of the claim to the Buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the proof of the claim; the confirmation of the claim does not have to be delivered if the Buyer has the opportunity to prove the claim in another way.
The Seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:
(a) by handing over the repaired goods,
b) replacing the goods
c) refunding the purchase price of the goods,
d) payment of a reasonable discount on the price of the goods,
e) by reasoned rejection of the complaint.
The buyer is entitled to reimbursement of the necessary costs incurred in connection with the exercise of the rights of liability for defects. This is without prejudice to the seller's right to compensation in the event of an unjustified claim.
Compensation for damages incurred by the customer due to defective goods must be duly proven.
If the customer is not satisfied with the handling of the complaint, he can exercise his right through the courts.
The warranty does not cover defects caused by:
mechanical damage to the goods caused by the buyer after receipt of the product,
by using the goods contrary to the manufacturer's instructions,
using the goods in conditions that do not correspond to the environment for which the goods are intended,
unprofessional intervention in the use or neglect of care and maintenance of the goods,
excessive loading in violation of the conditions specified in the documentation for the goods, general principles, technical standards or safety regulations in force in the Slovak Republic,
during transportation of the product after receipt by the buyer,
water, fire, static or atmospheric electricity or other acts of God,
by using components other than those used by the manufacturer, supplier or dealer,
repair or modification of the goods by persons who are not authorised to carry out warranty repairs,
wear and tear characteristic of the material or application.
If the Buyer claims the above defects, the claim may be reasonably rejected.
Final provisions
The Seller's employees are obliged to comply with applicable laws and regulations as well as the internal regulations of the employer, which implement and regulate the process of receiving and handling complaints.
The activity of the Seller is subject to supervision and oversight of the supervisory authority, namely: the Slovak Trade Inspection Authority, Slovak Trade Inspection Inspectorate in Nitra for the Nitra Region, Staničná 9, 949 01 Nitra.
This Complaint Procedure comes into force and effect on 03.11.2023