Complaints Procedure
 
1. Pursuant to § 619 of Act No. 40/1964 /Civil Code/, the Seller is liable for defects in the sold item upon receipt by the Buyer. Upon receipt of the goods, check the goods and the sales receipt sent with the goods. It is your responsibility to notify us of any defects found by e-mail or by telephone within 3 days of receipt of the goods at the latest. If the product is defective you must send the goods to our address. Do not forget to enclose a copy of the proof of sale and a letter stating why you are claiming the goods. 
2. Warranty period 
- For the buyer - natural person/non-entrepreneur, the warranty generally applies for 24 months and starts from the time of receipt of the item by the buyer (based on the Civil Code).

- for the buyer - legal person/entrepreneur - the warranty is 12 months and starts from the buyer's receipt of the item (based on the Commercial Code), unless otherwise agreed between the seller and the buyer. If you find a defect in the product during the warranty period, you have the right to make a claim.

Receipt of claims - send packages by post at your own expense, we recommend sending as registered mail.  We will inform you by email about the receipt and resolution of the complaint.
 
 
Please send the claimed goods / withdrawal by registered post to:

SpyMarket s.r.o. 
1.May 8 
07301 Sobrance
SLOVAKIA
 
Only goods that have been cleaned and free of all impurities should be submitted for claim.
Attach a copy of the proof of purchase - the invoice, which also serves as a warranty card.
You can download our complaint protocol, where you can give a description of the defect. 
Please also give your phone number, email so that we can handle the complaint expressly and give you information about it.
 
3. The buyer is always informed within a maximum of 5 working days from the date of the complaint /by email or in paper form/ about the way the complaint will be handled. The seller is obliged to inform the consumer of his rights under § 622 and § 623 of the Civil Code. 
 
 4.
4.1 If the defect is one 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.
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.
4.2 If there is a defect that cannot be remedied and that prevents the item from being properly used as a non-defective item, the buyer has the right to exchange the item or has the right to withdraw from the contract. The same rights shall apply to the buyer if the defects are remediable, but if the buyer cannot properly use the item due to the reoccurrence of the defect after repair or due to a greater number of defects. The warranty does not cover normal wear and tear (diminishing capacity is not a defect but a characteristic of the product). The battery capacity is guaranteed for 6 months (legal exception). 

5. It shall not take more than 30 days to process a claim. After the expiration of this period, the buyer has the same rights as if it were a defect that cannot be remedied, pursuant to § 52 (3) of Act No. 40/1964 Coll., the Civil Code, as amended.
 
 
6. 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) by replacing the goods with new goods
c) by refunding the purchase price of the goods
d) by reasoned rejection of the complaint.
 
If the consumer lodges a complaint within the first 12 months, the seller may only settle the complaint by way of a reasoned refusal on the basis of the result of a professional assessment. The costs of the professional assessment, as well as all costs related to the professional assessment, shall always be borne by the seller during the first 12 months after the purchase of the product, regardless of the outcome of the professional assessment, and the consumer cannot be required to pay them.

Complaint after 12 months from purchase
If the claim is made after 12 months from the purchase of the product, the seller may handle it in the manner of a reasoned rejection even without a professional assessment. However, in this case, the person who handled the complaint (the seller, an employee authorised by the seller or a designated person) is obliged to provide the consumer with information on where the consumer can send the product for a professional assessment.

The expert assessment may be carried out by an expert, an authorised, notified or accredited person or a designated person.

If the consumer sends such a product for an expert assessment and the expert assessment shows that the product has a defect for which the seller is liable, the consumer may reassert the complaint. The seller may not reject the reasserted complaint but must deal with it in a manner other than that justified by the rejection, that is to say, by handing over the repaired product, replacing the product, refunding the purchase price of the product or paying a reasonable discount on the price of the product.

Cost of the expert assessment
In terms of costs, if the consumer sends the product to a designated person for a professional assessment, the costs of the professional assessment, as well as any other related costs reasonably incurred, are always borne by the seller, i.e. for the entire duration of the warranty period, regardless of the outcome of the professional assessment.

However, if the product is sent for expert assessment to a person other than the designated person, i.e. an expert or an authorised, notified or accredited person, the costs of the expert assessment as well as all other related costs reasonably incurred shall be reimbursed by the seller to the consumer only if the expert assessment proves the seller's liability for the claimed defect within 14 days from the date of the reassertion of the claim.

However, if the professional assessment proves that the consumer is responsible for the defect, the consumer shall bear all costs himself.

If the claim is not accepted, the seller is obliged to send the goods at his own expense for a professional assessment.If the goods are replaced, the warranty period starts again from the receipt of the new item. 

 
7. The Seller shall issue the Buyer with a written notification of the complaint within 30 days from the date of the complaint, which shall be sent to the e-mail address specified in the order of the goods complained about or by post in paper form.

Supervisory authority: Slovak Trade Inspection Authority (SOI)
SOI Inspectorate for Košice Region Vrátna No. 3, 043 79 Košice 1 
These General Terms and Conditions are valid and effective from 01.03.2020 and cancel the previous version of the GTC. The Seller reserves the right to change the GTC without prior notice.

 

 

 


 
 

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