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COMPLAINT PROCEDURE
Article I
General Provisions
1. This Complaint Procedure is issued in accordance with Law Act No. 40/1964 Coll. the Civil Code (hereinafter referred to as the Civil Code) as amended by Law Act No. 108/2024 Coll. on Consumer Protection.
2. This Complaint Procedure regulates the procedure for claiming the goods sold by a public institution, which Pavol Jozef Šafárik University in Košice is, with its registered office at Šrobárova 2, 041 80 Košice, CRN: 00397768, Taxpayer ID: 2021157050, VAT ID: SK2021157050, registered in the Registry of the Statistical Office of the Slovak Republic (hereinafter referred to as the "Seller"), in accordance with its scope of business, in a business operation plant called the University Bookstore with registered office at Trieda SNP 1 in Košice, represented by its statutory body - Rector of the University, Prof. MUDr. Daniel Pella, PhD., represented by the Director of the University Library, PhDr. Eva Medviďová. It is binding on both the Seller and the Buyer.
3. By this Complaint Procedure, the Seller shall inform the Buyer of the extent, conditions, and manner of claiming, including the details of where the complaint may be exercised, as well as the performance of warranty repairs.
4. This Complaint procedure shall be located at a visible place in the operation plant of the Seller's University Book Store at Trieda SNP 1, 0411 Košice and shall be published at the Internet site of the Seller's Internet shop - www.unibook.upjs.sk.
5. By taking over the goods, the Buyer agrees with this Complaint Procedure and confirms that s/he has been made aware of its content.
Article II
Definition of Terms
1. For the purposes of this Complaint Procedure, one shall understand a public institution, Pavol Jozef Šafárik University in Košice, with its registered office at Šrobárova 2, 041 80 Košice, CRN: 00397768, Taxpayer ID No.: 2021157050, VAT ID No.: SK2021157050, registered in the Register of the Statistical Office of the Slovak Republic (hereinafter referred to as "Seller") in accordance with its subject matter of business, in a business operation plant called the University Bookstore located at Trieda SNP 1 in Košice, represented by its statutory body - Rector of the University, Prof. MUDr. Daniel Pella, PhD., represented by the Director of the University Library, PhDr. Eva Medviďová. It shall be binding on both the Seller and the Buyer.
2. The person in charge of the sale of goods, the provision of services and the handling of complaints shall mean a person in an employment relationship with a public institution, Pavol Jozef Šafárik University in Košice, with the performance of the work as agreed upon in the Seller's business operation plant.
3. For the purposes of this Complaint Procedure, the Buyer shall mean a natural or a legal person who, as consumer, has purchased the goods from the Seller within its sales network or via e-commerce on the Seller's e-commerce website and shall have the right to claim liability for defects.
4. Claims for the purpose of this Complaint Procedure shall mean liability for defects in the goods.
5. For the purposes of this Complaint Procedure, the "Complaint Claim Settlement" shall mean the completion of a complaint procedure by handing the repaired goods, replacing the goods, repaying the purchase price of the goods, paying a reasonable discount on the price of the goods, a written request for the delivery of the goods repaired or a reasoned rejection of the complaint.
Article III
Liability for Defects
1. The goods sold shall have the quality, quantity, measure or weight required and/or determined by law and shall be free of defects, and in particular they shall comply with binding technical standards.
2. The Seller shall be accountable for the defects which the goods sold have when taken over or for those occurring during the warranty period. For the goods sold at a lower price, the Seller shall not be accountable for the defects for which a lower price has been negotiated.
3. The warranty period shall be 24 months.
4. The warranty period shall begin to run from the date of receipt of the goods by the Buyer.
5. At the Buyer's request, the Seller shall be required to provide the warranty in writing (warranty card). If the nature of the goods allows, it is sufficient to issue a proof of purchase of the goods instead of the warranty card.
6. If the goods are replaced, a new warranty period shall begin to run from the receipt of the new goods. In the event of defective goods being replaced, the Buyer shall receive a document on which the goods will be marked. Any further claims will be enforced based on the original delivery note and this complaint form.
7. The Buyer's rights of liability for defects in the goods will cease if they have not been exercised in the warranty period.
Article IV
Warranty Terms and Conditions
1. The Buyer shall be obliged to inspect and examine the completeness of the goods and the relevant documents (tax document - invoice) when taking the goods. The Buyer shall be obliged to check the goods in personal purchase of the goods and to check any obvious defects related to the mechanical damage of the goods or their packaging, the quantity of delivered goods, the completeness of the documents, or claim other obvious defects on the spot. When delivering the goods by courier service or by post, the Buyer shall be obligated to write in the presence of the employee of the delivery service on the place of taking over the goods a protocol on the discovered defects - the incompleteness of the consignment, the mechanical damage of the goods, its packaging, or in case of any other apparent defects. Later complaints regarding apparent defects of the goods detectable when taking the goods over and incompleteness of the goods and the documents cannot be accepted, and such a complaint will be considered unauthorized. The Seller shall not be accountable for the defects discovered during the takeover of the goods and incompleteness of the goods and documents during the takeover of the goods also in the case when the Buyer does not exercise the right to carry out the check of the goods upon its takeover.
2. Complaints concerning the mechanical damage, which have not been apparent at the time of its receipt, shall be applied without undue delay after the goods have been taken over, within 24 hours of its receipt at the latest. Later complaints will not be recognized.
3. If the goods submitted to the Buyer do not correspond to the quality stated by the Seller on its website, the Buyer shall be obliged to notify the Seller of this fact without undue delay and no later than within 2 working days of the receipt of the goods. Additional complaints of this type will not be recognized.
4. The Buyer shall be entitled to claim any liability for defects without undue delay upon their discovery, at the latest by the expiration of the warranty period.
5. The warranty shall only cover manufacturing defects of the goods.
6. The warranty shall not apply in particular to the following:
- defects caused by wear or excessive use of the item,
- defects caused by the use of the goods under conditions inconsistent with the nature of the
goods,
- defects caused by misapplication of the goods,
- defects caused by mechanical damage to the goods which have taken place after its receipt
by the Buyer,
- defects caused by natural elements,
- mechanical damage to the goods, other apparent defects and incompleteness of the goods
that have not been communicated to the Seller at the takeover of the goods and to
mechanical damage that could not be detected at takeover and which was not notified within
24 hours of the receipt of the goods,
- if the Buyer knew, prior to taking the goods, of the defect or has been notified of the defect
and the defect has been compensated by the reduction of the price of the goods,
- if the Buyer claims the goods after the expiration of the warranty period.
7. If the Seller offers to the Buyer, free of charge, other goods as a gift for the goods sold, it shall be the Buyer's decision whether s/he accepts the offered gift. But the gift is not sold goods, and shall therefore not be subject to warranty, and the Seller shall not be accountable for any defects. If the Seller is aware of the defects of the goods offered to the Buyer as a gift, s/he shall be obligated to notify the Buyer of the same at the gift offer. If the goods given as gift appear to be defective and the Buyer has not been notified by the Seller of them, the Buyer shall be entitled to return the gift. If the Buyer has the right to withdraw from the contract for the purchase of goods, s/he shall be obliged to return to the Seller everything s/he has received under the contract, i.e. together with the purchased goods. s/he shall also be obliged to return the goods received as gift.
Article V
Exercising the Right of Liability for Defects
1. The Buyer may assert the rights to liability for defects of the goods:
(a) at the Seller's operational plant The University Book Store on Trieda SNP 1, 0411 Košice with the authorized person;
(b) through a contact pre-print form published at www.unibook.upjs.sk
2. The complaint may be exercised by the Buyer personally by handing the defective goods and the relevant documents, or by sending them (by post or courier service) to the place specified in paragraph 1 of this Article.
3. When exercising a claim, the Buyer shall be required to provide a proof of purchase of the goods payment of the purchase price. In the event of failure to submit these documents, the complaint will not be recognized as a warranty. The Buyer shall also be required to provide proof of any previous claims of the same goods.
4. In filing a claim, the Buyer shall legibly complete a pre-print form published at the Seller's website at www.unibook.upjs.sk, in which s/he shall accurately describe the defect of the goods and the way the defect is manifested. In the pre-print form, the Buyer shall provide a contact address (home, residence of office address, telephone number, e-mail) to which the Seller will informed him/her on how the complaint is handled. The Seller shall not be accountable for any incorrect information provided by the Buyer in the Complaint Protocol and for the failure to deliver the documents to the Buyer's contact address. In the Complaint Protocol, the Buyer shall also indicate which of the claims of the liability for defects he is claiming and how s/he asks for the take-over of the complaint settled (personal takeover, sending by post).
5. When accepting a claim, the authorized staff member of the University Book Store shall be required to issue a receipt to the Buyer. Confirmation of the receipt of a complaint shall mean a copy of the contact form with a record of receipt of a complaint or a message addressed to the Buyer containing a written notice of the receipt of the complaint. A confirmation of receipt of the complaint may be handed over to the Buyer in person, to an e-mail address or another mailing address specified in the contact form for communication purposes.
6. If the Buyer sends the defective goods to the Seller, s/he shall be obliged to wrap it in a suitable package which adequately protects the goods and satisfies the conditions to transport the goods. The Seller shall not bear any responsibility for the damage to the product caused by its improper packaging.
7. The day of commencement of the complaint shall mean the day the Buyer applied for the complaint at the Seller's. In case of a personal claim, it shall mean the date of the delivery of the defective goods together with the relevant documents to the Seller. When sending the defective goods to the Seller, the day on which the complaint procedure is commenced shall be the day on which the defective goods, together with the relevant documents, were delivered to the Seller.
8. In the event that the Buyer fails to submit all the requested documents, these are not legible or the goods delivered are not complete, the complaint procedure shall start on the date of delivery of the complete goods and all the required documents. If the Buyer does not fill in the missing documents and the goods at the Seller's request, the complaint will be considered unjustified.
Article VI
Settling the Complaint
1. In the personal application of the complaint, the employee of the Seller shall provide the Buyer with an acceptance protocol, which is a confirmation of the receipt (exercise) of the complaint.
2. If a complaint is claimed by means of distance communication, the Seller shall be obliged to deliver the acknowledgment of receipt of the complaint to the Buyer immediately; if it is not possible to deliver the acknowledgment of receipt immediately, it must be delivered without undue delay, but at the latest with a proof of settling the complaint; the confirmation of exercising the complaint does not have to be delivered if the Buyer has the opportunity to prove the claim in another way.
3. If the Buyer exercises a complaint, the Seller or his appointed employee or designated person shall be obliged to instruct the Buyer of his/her rights under Section 622 and Section 623 of the Civil Code. Based on the Buyer's decision on which of the rights from the liability for defects s/he is claiming, the Seller shall be obliged to determine the way the complaint is settled immediately, in complex cases no later than 3 working days from the date of the complaint, in justified cases, especially if a complex technical assessment of the condition of the product or services is required, this shall be done no later than 30 days after the date of the complaint. After determining how the complaint is handled, the complaint shall be settled immediately, and in justified cases the complaint may be recovered later; however, the complaint may not take longer than 30 days from the date of the complaint.
4. Upon expiry of the time limit for handling the complaint referred to in paragraph 3 of this Article, the Buyer shall have the right to withdraw from the contract or shall have the right to have the goods replaced for new goods.
5. An output protocol shall be issued by the Seller to the Buyer on the settlement of the complaint, no later than 30 days after the date of the complaint, which serves as a confirmation of the complaint settlement. Together with the delivery of the output protocol, the Seller will also fulfil their obligation, which results for them from the complaint (handing over the repaired goods, handing over the new goods for which the goods were replaced, returning the purchase price or part thereof, or returning the unrectified goods, if the complaint has been rejected).
6. The Seller shall inform the Buyer of the settlement of the complaint by sending an e-mail message in writing or by telephone. At the same time, the Buyer will ask for a take-over of the goods or of any other claim to which s/he is entitled by exercising the complaint (repayment of the purchase price, replacement of the item), if the Buyer has requested a personal takeover of the complaint settled. If the Buyer asks for the result of the settled complaint to be sent by post, the Seller will send the repaired goods, the new goods or the purchase price to the Buyer's address, together with a proof of settling the complaint (output protocol).
7. The Seller shall be required to keep a record of complaints and submit it to the supervisory authority upon request. The complaint record shall include the date of filing the complaint, the date and the way the complaint is settled, and the serial number of the document certifying the exercise of the claim.
Article VII
Ways of Settling the Complaint
1. If a removable defect occurs during the warranty period, the Buyer shall be entitled to its free, timely and proper removal. The Seller shall be required to remove the defect without undue delay. The Seller shall decide how to fix the defect. The Buyer may request replacement of the goods instead of removing the defect, or if the defect relates only to part of the goods, to the replacement of the component, if no incommensurate costs occur to the Seller in relation to the price of the goods or the severity of the defect. Instead of removing the defect, the Seller may always replace the defective goods for a faultless one, if no severe difficulties occur to the Buyer by doing so. Removable defects are the defects which by removal do not impair the quality and usefulness of the goods.
2. The Buyer shall have the right to request free replacement of the goods or to withdraw from the purchase contract:
- if the item has a defect which cannot be removed and which prevents the goods from being properly used as non-defective goods;
- although the case in point is a defect that can be remedied, but the Buyer cannot properly use the goods for repeated repairs; repeated defects are considered to be a condition if the same defect occurs three times after at least two previous repairs;
- although the case in point are removable defects, the Buyer cannot use the goods for a large number of defects; multiple defects shall mean at least three different removable defects, which prevent the proper use of the goods,
- the Seller does not settle the complaint within the legal 30-day period (in this case, it is considered to be an unrecoverable defect).
3. If other unrecoverable defects occur in the goods, the Buyer shall be entitled to an appropriate discount on the price of the goods.
4. When settling a complaint by granting a discount on the purchase price, account shall be taken of the nature of the defect, the degree and manner of wear of the goods and the possibility of its further use. The Seller's authorized employee shall decide on the amount of the discount granted.
5. If the goods sold at a lower price have a defect for which the Seller is responsible, the Buyer shall have the right to a reasonable discount on the purchase price instead of the right to have the goods replaced.
6. The Seller shall be obliged to settle the complaint and terminate the complaint procedure in one of the following ways:
- handing over the repaired goods;
- replacement of the goods;
- repaying the purchase price of the goods (when the Buyer withdraws from the contract);
- by paying an appropriate discount on the price of the goods;
- a written request to assume the performance;
- reasoned rejection of the complaint.
7. By settling the complaint, the right of the Buyer to claim damages pursuant to Law Act No. 294/1999 Coll. on liability for damage caused by an erroneous ruling as amended.
Article VIII
Final Provisions
1. This Complaint Procedure shall apply to all the contracts made by and between the Buyer and the Seller personally in the University Book Store or by a distance contract by means of remote communication without the simultaneous physical presence of the parties, in particular by using the web site, e-mail, telephone, fax or the like, if it is the subject matter is sale of goods or rendering a service.
2. This Complaint Procedure shall take effect and become effective on the date of its publication on the Seller's website at www.unibook.upjs.sk.
3. The Seller hereby reserves the right to make changes to this Complaint Procedure without prior notice.
4. The Slovak Trade Inspection (STI), the STI Inspectorate with headquarters in Košice for the Region of Košice at Vrátna No. 3, PO BOX A-35, 040 65 Košice 1 and the dispute settlement the court authority shall be competent for overseeing compliance with the obligations of the Seller in consumer protection matters under the applicable legislation.
Košice 1.7.2024 PhDr. Eva Medviďová,
poverená riaditeľka Univerzitnej knižnice UPJŠ v Košiciach