Complaints policy

1. INTRODUCTORY PROVISIONS
   1. 1 Company BLACK DRAGON DISTRIBUTION S.R.O., Krčméryho 16, 811 04 Bratislava, ID No.: 48 294 373 (hereinafter referred to as "BLACK DRAGON DISTRIBUTION S.R.O." or "the Seller") hereby complies with the Complaints Procedure in accordance with § 18 (1) of Act No. 250/2007 Coll. on Consumer Protection and on amendment of Act No. 372/1990 Coll. on offences, as amended (hereinafter referred to as the "Consumer Protection Act"), duly informs the consumer (hereinafter referred to as the "Customer" or the "Buyer") about the conditions and method of exercising rights under liability for defects (hereinafter referred to as the "claim"), including information on where the claim can be filed and on the performance of warranty repairs;
   2. 2 This Complaint Procedure is issued  in accordance with Act No. 40/1964 Coll. Civil Code, as amended (hereinafter referred to as the "Civil Code"), the Consumer Protection Act, as well as other generally binding legislation of the Slovak Republic.
   3. 3 This Complaints Procedure is placed in a visible place accessible to the customer in each establishment of BLACK DRAGON DISTRIBUTION S.R.O.4 Notwithstanding any other provisions, if the other party to the contract of sale is an entrepreneur (whereby it shall be deemed that if the buyer, when ordering or selling  the goods, has indicated  his/her business registration number, he/she is buying as an entrepreneur), the warranty for the goods is provided exclusively to the extent provided for in the warranty conditions of the manufacturer of the goods in accordance with § 429 par. 2 of the Commercial Code, of which the buyer - entrepreneur will be informed, and otherwise the seller's liability for defects is governed exclusively by the relevant provisions of the Commercial Code;

 

2. LIABILITY FOR DEFECTS OF GOODS SOLD
   1. 1 BLACK DRAGON DISTRIBUTION S.R.O. is liable for defects that the sold goods have upon receipt by the buyer (§ 619 paragraph 1 of the Civil Code) and, if the goods are not perishable or used goods, is also liable for defects that occur after receipt of the goods within the warranty period (§ 619 paragraph 2 of the Civil Code). The warranty period is 24 months (§ 620 of the Civil Code), unless otherwise stated below;
   2. 2 For items sold at a lower price due to a defect, the warranty period is 24 months,  BLACK DRAGON DISTRIBUTION S.R.O. is not, however, liable for the defect for which the lower price was negotiated (§619 of the Civil Code).
   3. 3 For used items (e.g. demonstration model), the warranty period is 12 months (§620 para. 2 of the Civil Code) and BLACK DRAGON DISTRIBUTION S.R.O. is not liable for defects caused by use or wear and tear. Used items are visibly marked as used by BLACK DRAGON DISTRIBUTION S.R.O. and are accompanied by information about their shortened warranty period;
   4. 4 Warranty periods start from the date of receipt of the goods by the buyer (§ 621 of the Civil Code).
   5. 5 The period from the exercise of the right of liability for defects until the time when the buyer was obliged to take over the goods after the completion of the repair is not included in the warranty period. If the goods are replaced, the warranty period shall start again from the receipt of the new goods (§ 627 of the Civil Code).
   6. 6 The rights of liability for defects in the goods for which the warranty period applies shall lapse if they have not been exercised within the warranty period (§ 626 (1) of the Civil Code);
   7. 7 If BLACK DRAGON DISTRIBUTION S.R.O. offers the customer, when purchasing the goods, additional goods as a free gift in addition to the sold goods, it is up to the customer whether to accept the offered gift. However, the gift is not the goods sold, therefore BLACK DRAGON DISTRIBUTION S.R.O. is not liable for any defects. However, if BLACK DRAGON DISTRIBUTION S.R.O. is aware of any defects in the gift, it is obliged to warn the customer about them when offering the gift (§ 629 of the Civil Code). If the gift has defects that BLACK DRAGON DISTRIBUTION S.R.O. has not warned the customer about, the customer is entitled to return it (§ 629 of the Civil Code). If the customer has the right to withdraw from the contract (refund), the customer is obliged to return to BLACK DRAGON DISTRIBUTION S.R.O. everything he/she has received under the contract, i.e. also the goods received as a gift (§ 457 of the Civil Code in conjunction with § 48 (2) of the Civil Code);

 

3. EXERCISE OF LIABILITY RIGHTS (COMPLAINTS)
   1. 1 The Buyer may exercise the right to have the goods repaired at any of the Seller's premises (§ 18(2) of the Consumer Protection Act). The Buyer may also exercise the right to repair at a warranty service (§ 625 of the Civil Code). The Buyer can find the contact details of the warranty service in the warranty card or it can be provided by BLACK DRAGON DISTRIBUTION S.R.O. upon request.
   2. 2 Other rights under the liability for defects, i.e. the right to exchange the goods, the right to withdraw from the purchase contract (refund) and the right to a reasonable discount, are exercised by the buyer at the seller's establishment BLACK DRAGON DISTRIBUTION S.R.O.
   3. 3 If the Buyer makes a claim, the Seller or a person designated by the Seller is obliged to instruct the Buyer about his/her rights. On the basis of the Buyer's decision on which of these rights he/she claims, the Seller shall determine the manner of handling the claim, if possible immediately, in complex cases no later than 3 working days from the date of the claim. In justified cases, in particular where a complex technical assessment of the condition of the goods is required, the seller undertakes to determine the method of handling the complaint within 30 days of the date of the complaint and to handle the complaint within a period which may not exceed 30 days from the determination of the method of handling the complaint. If the acceptance of the subject of the complaint by the Seller occurs on a day later than the day of the complaint, the time limits for the processing of the complaint begin to run from the date of acceptance of the subject of the complaint by the Seller (§ 18 (4) of the Consumer Protection Act);
   4. 4 If the buyer submits a claim within 12 months from the purchase of the product, the seller may reject the claim only on the basis of a professional assessment of the goods. Regardless of the outcome of the professional assessment, the Buyer cannot be required to pay the costs of the professional assessment of the goods complained of. The seller is obliged to provide the consumer with a copy of the professional assessment justifying the rejection of the complaint no later than 14 days from the date of processing the complaint;
   5. 5 If the Buyer makes a claim for goods after 12 months from the date of purchase and the Seller rejects the claim, the Seller shall inform the Buyer about to whom the product can be sent for professional assessment. For the purposes of handling claims, professional assessment includes the opinion of an authorised person or a person authorised by the manufacturer to carry out warranty repairs (Section 2(n) of the Consumer Protection Act). If the product is sent to a designated person for expert assessment, the costs of the expert assessment as well as any other related costs reasonably incurred shall be borne by the seller, irrespective of the outcome of the expert assessment. If the buyer establishes the seller's liability for the defect through the expert assessment, the buyer may reassert the claim; the warranty period shall not expire while the expert assessment is being carried out. The Seller is obliged to reimburse the Buyer within 14 days from the date of reasserting the claim all costs incurred for the expert assessment as well as all related costs reasonably incurred. The reasserted claim cannot be rejected.
   6. 6 The Seller is obliged to issue a confirmation to the Customer when the claim is made, no later than together with a document on the handling of the claim (§ 18 (8) of the Consumer Protection Act). This confirmation is a copy of the complaint report.
   7. 7 The Seller is obliged to issue a written proof of the handling of the complaint to the Customer no later than within 30 days from the date of the complaint (§ 18 (9) of the Consumer Protection Act). This written document is a copy of the complaint report with the filled-in box of the complaint settlement or a letter containing a written notification of the complaint settlement. 

 

4. GENERAL TERMS OF RECLAMATION
   1. 1 When submitting goods for complaint:

1. ) it is necessary to present a proof of purchase, or to prove in another way beyond doubt that the goods were purchased from BLACK DRAGON DISTRIBUTION S.R.O.,
) it is necessary that the goods meet all other conditions for a warranty claim stated in the warranty card (physically undamaged, undamaged by natural event, seals intact, etc.),

5. WAY TO MAKE A COMPLAINT 

1. 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 shall decide on the method of removal of the defect and shall be obliged to remove the defect without undue delay (Section 622(1) of the Civil Code).
2. 2 The buyer may, instead of removing the defect, demand the replacement of the goods, or if the defect concerns only a part of the goods, the replacement of this 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 (§ 622 paragraph 2 of the Civil Code).
3. 3 The seller may always replace the defective goods with faultless ones instead of removing the defect, if this does not cause serious difficulties for the buyer (§ 622 paragraph 3 of the Civil Code).
4. 4 If there is a defect which cannot be removed and which prevents the goods from being properly used as goods without defect, the buyer has the right to exchange the goods or the right to withdraw from the contract of sale (refund) (§ 623 paragraph 1 of the Civil Code). 
5. 5 The buyer has the right to exchange the goods or the right to withdraw from the contract (refund) even if the defect is remediable, but the buyer cannot properly use the goods due to the reappearance of the defect after the repair (§ 623 paragraph 1 of the Civil Code). The reappearance of a defect after a repair is considered to be a situation where the same defect occurs for the third time after at least two previous repairs.
6. 6 The buyer has the right to exchange the goods or the right to withdraw from the contract (refund) even if the defects are remediable, but the buyer cannot use the item properly due to a large number of defects. At least three different repairable defects, each of which prevents proper use, are considered to be multiple defects at the same time.
7. 7 If the seller does not settle the complaint within 30 days of its application, the buyer has the right to exchange the goods or refund the money (withdrawal from the contract).
8. 8 If the defect is irreparable but does not prevent the proper use of the goods, the buyer has the right to a reasonable discount on the price of the product.
9. 9 If the buyer has the right to exchange the goods or the right to withdraw from the contract (refund), it is up to the buyer which of these rights he exercises. However, as soon as he has chosen one of these rights, he can no longer unilaterally change this choice himself.

Withdrawal Form

In Bratislava, on 1.2.2024

Eduard Winkler - Managing Director