Complaints Procedure
This complaint procedure is part of the terms and conditions of the www.ecoprogress.eu online store, which is operated by Ecoprogress s.r.o., Beskydská 9, 811 05 Bratislava – Old Town, ID No.: 50 885 049. Complaints are accepted in writing at the address of the registered office or by e-mail at ecoprogress@ecoprogress.eu, tel. (+421) 910 322 236.
Complaint application and handling
1. The Buyer submits a complaint in writing by post at the Seller's address or by e-mail at the e-mail address ecoprogress@ecoprogress.eu within the statutory warranty period, which is 48 months or unless otherwise agreed. The warranty period begins on the day of receipt of the order.
2. When filing a complaint, the Buyer is obliged to send the Seller the original tax document (invoice) together with the claimed goods. The Seller will not accept the claimed goods sent by the Buyer on delivery. The goods must be properly packed to prevent damage to the goods during transport and we recommend sending the goods by registered mail and as an insured shipment.
3. When filing a complaint, the Buyer is obliged to truthfully state all required information, in particular to accurately indicate the type and extent of the defect of the goods. The Buyer is obliged to take a clear photo of these defects and send them to the above e-mail address.
4. The Seller is responsible for defects found on the sold goods upon receipt by the Buyer and for defects that occur after the receipt and use of the goods during the warranty period.
5. The Seller shall not be liable for defects caused in particular by the following use: mechanical damage, unavoidable event (natural disaster, improper handling), contrary to the usual way of use, in special cases, if it results from the nature of the matter also by the intervention of an unauthorized person, including the user, or other unprofessional intervention, use of the goods in conditions that do not correspond in their humidity, chemical and mechanical influences of the natural environment of the goods, neglect of care and maintenance of the goods, damage to the goods by excessive loading, use of the goods contrary to general principles, technical standards or safety regulations or other violation of warranty conditions.
6. The Seller shall determine the method of handling the complaint 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 goods is required, no later than 30 days from the date of filing the complaint, and then settle the complaint within a period that may not exceed 30 days from the filing of the complaint. The settlement of the complaint will be notified to the Buyer by phone, in writing or by e-mail. The settlement of the complaint takes a maximum of 30 days from the date of delivery of the claimed goods to the Seller, unless otherwise agreed.
7. In the case of a complaint filed within 12 months of the purchase of the product, the Seller may settle the complaint by rejection only on the basis of an expert assessment. If the Seller rejects the complaint filed after 12 months from the purchase of the product, the Seller is obliged to inform the Buyer to whom the product can be sent for expert assessment. For the purpose of handling complaints, an expert assessment means, among other things, the opinion of an authorized person or a person authorized by the manufacturer to perform warranty repairs. If the product is sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other related costs reasonably incurred, shall be borne by the Seller regardless of the result of the expert assessment.
8. If it is a defect that can be removed, the Buyer has the right to have it removed free of charge, in a timely manner and properly. The Seller decides on the method of removing the defect and is obliged to remove the defect without undue delay. If it is a defect that cannot be removed and which prevents the item from being properly used as an item without a defect, the Buyer has the right to replace the item or has the right to withdraw from the Purchase Contract. The same rights belong to the Buyer if the defect is remediable, but if the Buyer cannot properly use the item due to the recurrence of the defect after repair or due to a larger number of defects. The recurrence of a defect after repair is considered to occur when the same defect that was removed at least twice during the warranty period occurs again. A larger number of defects is considered to be when the Goods have at least three removable defects at the same time, and each of these defects prevents the proper use of the Goods. Instead of removing the defect, the Buyer may require the replacement of the Goods or, if the defect concerns only a part of the Goods, the replacement of this part, provided that the Seller does not incur disproportionate costs with regard to the price of the Goods or the severity of the defect. If it is an irreparable defect that does not prevent the proper use of the Goods, the Buyer is entitled to a reasonable discount on the price of the Goods.
9. If the Buyer has the right to exchange the Goods or the right to withdraw from the contract, it is up to the Buyer to exercise one of these rights. However, once the Buyer chooses one of these rights, he can no longer unilaterally change this choice himself.
10. The Seller is obliged to settle 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, c) by returning the purchase price of the goods, d) by paying a reasonable discount on the price of the goods, e) by a written invitation to take over the performance specified by the Seller, f) by justifying the rejection of the complaint of the goods.
Consumer dispute resolution through the European ODR platform
In the event that the Customer is not satisfied with the manner in which the Seller handled their complaint or believes that the Seller has violated their rights, the Customer has the right to contact the Seller with a request for redress. If the Seller responds negatively to the Customer's request under the previous sentence or fails to respond to such a request within 30 days from the date of its dispatch by the Customer, the Customer has the right to file a motion to initiate an alternative dispute resolution pursuant to the provision of Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and on Amendments to Certain Acts. Similarly, the Seller's claims against the Buyer may be asserted via the European platform. The competent entity for alternative dispute resolution of consumer disputes with the seller is the Slovak Trade Inspection or another relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available on the http://www.mhsr.sk/ website); the customer has the right to choose which of the above alternative dispute resolution entities to contact. The customer can use the online dispute resolution platform available on the http://ec.europa.eu/consumers/odr/ website to submit a proposal for alternative dispute resolution of their consumer dispute.