Return & complaints policy

RETURN POLICY
of online store www.nightgearsolutions.eu

1. General provisions

1.1. This complaints policy is issued in accordance with Act No. 40/1964 Coll. Civil Code, as amended (hereinafter referred to as the “Civil Code”), Act No. 250/2007 Coll. on Consumer Protection, as amended (hereinafter referred to as the “Consumer Protection Act”), Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services Based on a Distance Contract or a Contract Concluded Outside the Seller’s Business Premises, as amended, and Act No. 22/2004 Coll. on Electronic Commerce, as amended. And regulates the legal relationship between the Seller, which is:

1.2. The Seller is the company
Business name: PRIMANOX s. r. o.
Registered office: Kalinčiakova 6206/2, Banská Bystrica 974 05, Slovak Republic
Registered in the register of the District Court of Banská Bystrica, Section Sro, File No. 40894/S
Company ID (IČO): 53324048
Tax ID (DIČ): 2121389908
VAT ID (IČ DPH): SK2121389908
Bank account: SK09 1111 0000 0016 5003 3001
The Seller is a VAT payer /Value Added Tax/

(hereinafter referred to as the “Seller”) and any person who is a Buyer of goods or services offered by the Seller on the Seller’s Website, and who acts in the position of a consumer within the meaning of the provisions of the General Terms and Conditions published on the Seller’s Website, these Complaints Procedures and the relevant laws defining a consumer, within the meaning of the valid legislation of the Slovak Republic, in particular laws: Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the Seller’s premises, as amended, Act No. 250/2007 Coll. on consumer protection, as amended, and Act No. 40/1964 Coll. Civil Code, as amended

1.3. Email contact and telephone contact for the Seller is:
Email: nightgearsolutions@gmail.com
Tel. No.: +421 950 440 012

1.4. Address for sending documents, complaints, withdrawal from contracts, etc. is:
PRIMANOX s. r. o., Kalinčiakova 6206/2, 974 05 Banská Bystrica, Slovak Republic

1.5. These Complaints Procedures govern the rights and obligations of the Buyer, who is a consumer, when exercising rights due to defects in the item (goods) or services pursuant to a distance purchase contract concluded with the Seller via the Seller’s e-commerce website www.nightgearsolutions.eu

1.6. The Buyer is any person (natural person or legal entity) who has sent an order via an electronic order form using the Seller’s website or other means of distance communication.

1.7. The Consumer is the Buyer, who is a natural person, and who, when concluding a purchase contract via the Seller’s website, is not acting within the scope of his business activity.

1.8. These Complaints Procedures govern the legal relations between Buyers, who are consumers, and the Seller. With the exception stated in point 4.12. of these Complaints Procedure (Seller’s Declaration on the Warranty Period in the Event that the Buyer is Not a Consumer).

1.9. Products (hereinafter referred to as “Things”) are goods, services and electronic content not supplied on a tangible medium, which are intended for sale and are also published on the Seller’s Website.

2. Links

2.1. In addition to the general provisions of Act No. 40/1964 Coll., the Civil Code, as amended, also apply to the relationships arising from the Seller’s liability for defects in goods or services (as well as other legal relationships that may arise from the contractual relationship) with natural persons who, when concluding a purchase contract, are not acting within the scope of their business activity (consumers), special regulations, in particular Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the Seller’s premises and Act No. 250/2007 Coll. on consumer protection.

2.2. Legal relations arising from the exercise of rights from liability for defects between the Seller and the Buyer, who is a legal entity or a natural person, an entrepreneur acting within the scope of his business activity /persons who are not in the position of a consumer/ are governed by Act No. 513/1991 Coll. Commercial Code, as amended. With the exception specified in point 4.12. of these Complaints Procedures (Seller’s Declaration of the warranty period in the event that the Buyer does not act in the position of a consumer).

2.3. Pursuant to §3, para. 1, letter n), of Act No. 102/2014 Coll., the Seller informs the Consumer that there are no special relevant codes of conduct to which the Seller has committed to comply, whereby a code of conduct is understood to be an agreement or a set of rules that define the behavior of the Seller, who has committed to comply with this code of conduct in relation to one or more specific business practices or business sectors (if these are not stipulated by law or other legal regulation or measure of a public administration body), which the Seller has committed to comply with, and the manner in which the Consumer can become familiar with them or obtain their text.

3. Seller’s Liability for Defects of Products (Goods and Services)

3.1. The Seller is obliged to deliver the item (goods) or service in accordance with the concluded purchase contract, i.e. in the required quality, quantity and without defects (factual, legal).

3.2. The Seller is responsible for defects that the sold item or service has upon acceptance by the Buyer. If the item is not used, the Seller is responsible for defects that occur after acceptance of the item within the warranty period (warranty). The Seller recommends that the Buyer report defects in the goods or services to the Seller without undue delay. In the case of used items, the Seller is not responsible for defects caused by their use or wear. In the case of items sold at a lower price, the Seller is not responsible for a defect for which a lower price was agreed.

3.3. The Buyer is entitled to inspect the item or service sold before acceptance.

4. Warranty period

4.1. The warranty period is 24 months. The warranty period for a used item is 12 months. Warranty periods begin to run from the time the item or service is taken over by the Buyer.

4.2. If the item is not perishable or used, the Seller is liable for defects that occur after the item is taken over during the warranty period (warranty). The warranty period is 24 months. If a period of use is indicated on the item being sold, its packaging or the instructions attached to it, the warranty period will not end before the expiration of this period.

4.3. If the item is used, the Buyer and the Seller may also agree on a shorter warranty period, but not shorter than 12 months.

4.4. For items that are intended to be used for a longer period, special regulations stipulate a warranty period longer than 24 months. A warranty period exceeding 24 months may apply to only a part of the item.

4.5. At the Buyer’s request, the Seller is obliged to provide a warranty in writing (warranty certificate). If the nature of the item allows it, it is sufficient to issue a proof of purchase instead of a warranty certificate.

4.6. By making a statement in the warranty certificate issued to the Buyer or in advertising, the Seller may provide a warranty exceeding the scope of the warranty provided for in this Act. The Seller shall specify the conditions and scope of this warranty in the warranty certificate.

4.7. Warranty periods shall begin to run from the date of receipt of the item by the Buyer. If the purchased item is to be put into operation by an entrepreneur other than the Seller, the warranty period shall begin to run from the date of putting the item into operation, provided that the Buyer ordered the commissioning no later than three weeks after taking over the item and provided the necessary cooperation for the performance of the service in a proper and timely manner.

4.8. If the item is exchanged for a new item, the warranty period shall begin again from the date of receipt of the new item.

4.9. If a part of the new item is exchanged, where the nature of the item allows it. The warranty period shall begin again from the date of receipt of the new item. The same applies if a part of the item for which a guarantee has been provided is exchanged.

4.10. Rights arising from liability for defects in the item for which the warranty period applies shall lapse if they have not been exercised within the warranty period.

4.11. The warranty period shall be extended by the period for which the goods were subject to a complaint. Rights arising from liability for defects in the item for which the warranty period applies shall lapse if they have not been exercised within the warranty period.

4.12. Pursuant to Section 429, paragraph 2 of Act No. 513/1991 Coll. Commercial Code as amended, the Seller declares that in the case of the length of the warranty period in business relations between the Seller and the Buyer, who does not act in the capacity of a consumer, the Seller assumes a warranty for the quality of the goods for a period of 12 months. The warranty period begins to run in accordance with the provisions of Article IV, point 4.1 of these Complaints Procedures.

5. Procedure for exercising rights under liability for defects (Complaint)

5.1. The Buyer is entitled to exercise rights under liability for defects of an item, goods or services at the address: PRIMANOX s. r. o., Kalinčiakova 6206/2, 974 05 Banská Bystrica, Slovak Republic
The Buyer may always exercise the right to file a complaint in person at any of the Seller’s establishments where the acceptance of a complaint is possible due to the nature of the item, or at the Seller’s registered office, or through third parties, e.g. shipping companies, mail order companies, Slovak Post, etc. The Seller recommends that Buyers use this Complaint Form to file a complaint.

When filing a complaint, the Seller recommends that the Buyer submit an invoice, warranty certificate, or other document proving the purchase of the claimed goods or services from the Seller. The Seller recommends that the Buyer describe the defect in the goods or services when filing a complaint.

5.1.1. In case the Buyer complains about the goods or service other than in person, the Seller recommends that the Buyer send the goods together with a detailed description of the defect of the goods and a document proving the purchase of the goods from the Seller (for example, proof of payment, invoice, warranty certificate), in order to speed up the complaint process.

5.1.2. In case of a complaint, we recommend sending the goods by registered mail. The Seller recommends not sending the goods by cash on delivery, which will not be accepted by the Seller.

5.1.3. The Seller is obliged to issue a confirmation to the consumer when making a complaint. If the complaint is made via means of distance communication, the Seller is obliged to deliver the confirmation of the complaint to the consumer 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 document on the settlement of the complaint; The confirmation of the claim does not have to be delivered if the consumer has the opportunity to prove the claim in another way.

5.1.4. The seller is obliged to issue a written document on the settlement of the claim no later than 30 days from the date of the claim, but no later than together with the document on the settlement of the claim, if the period for its settlement began to run from the date of receipt of the subject of the claim by the seller.

5.2. The handling of a complaint does not affect the consumer’s right to compensation for damages under a special regulation.

5.3. The seller is obliged to determine the method of handling the complaint pursuant to Section 2 letter m) of Act No. 250/2007 Coll. as amended (the handling of a complaint is understood to mean the termination of the complaint procedure by handing over the repaired product, replacing the product, refunding the purchase price of the product, paying an appropriate discount on the price of the product, a written request to take over the performance or its justified refusal) immediately, in complex cases no later than 3 working days from the date of filing the complaint, in justified cases, especially if a complex technical assessment of the condition of the product or service is required, no later than 30 days from the date of filing the complaint. After determining the method of handling the complaint, the complaint is handled immediately, in justified cases the complaint may also be handled later; however, the handling of the complaint may not last longer than 30 days from the date of filing the complaint. If the Seller takes over the subject of the complaint on a later date than the date of filing the complaint, the time limits for handling the complaint under this paragraph shall begin to run from the date of taking over the subject of the complaint by the Seller; however, at the latest from the moment when the Seller prevents or prevents the taking over of the subject of the complaint. After the time limit for handling the complaint has expired, the Consumer has the right to withdraw from the contract or has the right to exchange the product (subject of the complaint) for a new product.

5.4. If the Consumer has filed a complaint about the product during the first 12 months from the date of purchase, the Seller may handle the complaint by rejecting it only on the basis of a professional assessment; regardless of the result of the professional assessment, the Consumer cannot be required to pay the costs of the professional assessment or other costs related to the professional assessment. The Seller is obliged to provide the Consumer with a copy of the professional assessment justifying the rejection of the complaint no later than within 14 days from the date of handling the complaint.

5.5. If the consumer has made a product complaint after 12 months from the date of purchase and the Seller has rejected it, the person who has handled the complaint is obliged to indicate in the complaint handling document to whom the consumer can send the product for professional assessment. If the product is sent to a designated person for professional assessment, the costs of the professional assessment, as well as all other related costs incurred in a reasonable manner, shall be borne by the Seller, regardless of the result of the professional assessment. If the consumer proves the Seller’s liability for the defect through a professional assessment, he may file a complaint again; during the professional assessment, the warranty period does not expire. The Seller is obliged to reimburse the consumer within 14 days of the date of the re-filing of the complaint all costs incurred for the professional assessment, as well as all related costs incurred in a reasonable manner. A re-filed complaint cannot be rejected.

5.6. The consumer has the right to reimbursement of necessary costs (in particular, postage paid when sending the claimed goods) incurred in connection with the exercise of legitimate rights from liability for defects in goods and services. In the event of withdrawal from the contract due to a defect in the item or service, the consumer also has the right to reimbursement of the costs of this withdrawal.

5.7. Requirements for a professional assessment pursuant to point 5.4 of this article:
The professional assessment must include:
a) identification of the person performing the professional assessment,
b) precise identification of the product being assessed,
c) description of the condition of the product,
d) result of the assessment,
e) date of completion of the professional assessment.

5.8. If the nature of the product allows it, the consumer shall hand over the product to the Seller (designated person) when making a complaint. If the nature of the product does not allow the product to be delivered to the Seller (designated person), the consumer may, when making a complaint, request the removal of the defect at the location where the product is located or agree with the Seller (designated person) on the method of transporting the product.

5.9. The period from the exercise of the right of liability for defects until the time when the Buyer was obliged to take over the item after the repair is completed is not included in the warranty period. The Seller is obliged to issue the Buyer with a confirmation of when the right was exercised, as well as of the performance of the repair and its duration.

6. Buyer’s rights when exercising rights from liability for defects

6.1. If the defect is removable, the Buyer has the right to have it removed free of charge, in a timely manner and properly. The Seller is obliged to remove the defect without undue delay.

6.2. Instead of removing the defect, the Buyer may request the replacement of the item, or if the defect concerns only a part of the item, the replacement of the part, if this does not incur unreasonable costs for the Seller in relation to the price of the goods or the severity of the defect.

6.3. Instead of removing the defect, the Seller may always replace the defective item with a perfect one, if this does not cause serious difficulties for the Buyer.

6.4. If the defect is irremovable and prevents the item from being used properly as a defect-free item, the Buyer has the right to exchange the item or withdraw from the contract. The same applies to the Buyer if the defect is removable, but the Buyer cannot use the item properly due to the recurrence of the defect after repair or due to a large number of defects.

6.5. If the item is subject to other irremovable defects, the Buyer has the right to an appropriate discount on the price of the item.

7. Final Provisions

7.1. This Complaints Procedure forms an integral part of the General Terms and Conditions and the Principles and Instructions on the Protection of Personal Data of this Website. Documents – General Terms and Conditions and the Principles and Instructions on the Protection of Personal Data of this Website are published on the domain of the Seller’s Website.

7.2. In the event of a change in the Complaints Procedure, the relationship between the Buyer and the Seller is governed by the Complaints Procedure valid and effective upon conclusion of the Purchase and Sales Agreement, until the moment of its termination.

7.3. This Complaints Procedure is valid and effective from the moment of its publication on the Seller’s Website on 01.07.2021