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Complaint conditions

  1. INTRODUCTORY PROVISIONS
    1. 1 The company BLACK DRAGON DISTRIBUTION S.R.O., with registered office: Krčméryho 16, 811 04 Bratislava, ID: 48 294 373 (hereinafter referred to as "BLACK DRAGON DISTRIBUTION S.R.O." or the "seller" ) with this complaint procedure in accordance with § 18 par. 1 of Act No. 250/2007 Coll. on consumer protection and amending Act No. 372/1990 Coll. on offenses as amended (hereinafter referred to as the "Consumer Protection Act") duly informs the consumer (hereinafter referred to as the "customer" or "buyer") about the conditions and method of exercising rights from liability for defects (hereinafter referred to as the "complaint"), including data on where he can make a claim and about carrying out warranty repairs. 
    2. 2 This complaint procedure is issued  in accordance with Act No. 40/1964 Coll. The Civil Code as amended (hereinafter referred to as the "Civil Code"), the Consumer Protection Act, as well as other generally binding legal regulations of the Slovak Republic.
    3. 3 This complaint procedure is in accordance with § 18 par. 1 of the Consumer Protection Act placed in a visible place accessible to the customer in every establishment of BLACK DRAGON DISTRIBUTION S.R.O.
    4. 4 Irrespective of other provisions, as long as the other party to the purchase contract is an entrepreneur (while it is considered that if the buyer has specified his ID number when ordering or selling the goods, he is purchasing as an entrepreneur ), the warranty for the goods is provided exclusively to the extent determined by the warranty conditions of the manufacturer of the goods in accordance with § 429 par. 2 of the Commercial Code, about which the buyer - entrepreneur will be informed, and otherwise the seller's responsibility for defects is governed exclusively by the relevant provisions of the Commercial Code. 

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        1. LIABILITY FOR DEFECTS OF GOODS SOLD
          1. 1 BLACK DRAGON DISTRIBUTION S.R.O. is responsible for defects in the sold goods upon acceptance by the buyer (Section 619(1) of the Civil Code) and, if they are not perishable goods or used goods, is also responsible for defects that occur after taking over the goods during 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. however, he is not responsible for a defect for which a lower price was negotiated (§619 of the Civil Code).
          3. 3 For used items (e.g. a demonstration model), the warranty period is 12 months (§ 620 para. 2 of the Civil Code) and BLACK DRAGON DISTRIBUTION S.R.O. is not responsible for defects caused by their use or wear. The items used are from BLACK DRAGON DISTRIBUTION S.R.O. visibly marked as used and there is information about their reduced warranty period.
          4. 4 Warranty periods start from the date of acceptance of the goods by the buyer (§ 621 of the Civil Code).
          5. 5 The time from the exercise of the right from liability for defects to the time when the buyer was obliged to take over the item after the repair is completed is not included in the warranty period. If the goods are exchanged, the warranty period starts again from the receipt of the new goods (§ 627 of the Civil Code).
          6. 6 Rights from liability for product defects, for which the warranty period applies, expire if they are not exercised within the warranty period (§ 626, paragraph 1 of the Civil Code). 
          7. 7 If BLACK DRAGON DISTRIBUTION S.R.O. when buying goods, it offers the customer additional goods as a gift to the sold goods free of charge, it is up to the customer whether he accepts the offered gift. However, the gift is not a sold item, therefore BLACK DRAGON DISTRIBUTION S.R.O. is not responsible for its possible defects. However, if BLACK DRAGON DISTRIBUTION S.R.O. knows about possible defects in the gift, is obliged to inform the customer about them when offering the gift (§ 629 of the Civil Code). If the gift has defects for which BLACK DRAGON DISTRIBUTION S.R.O. did not notify the customer, 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 BLACK DRAGON DISTRIBUTION S.R.O. everything he received according to the contract, i.e. also goods received as a gift (§ 457 of the Civil Code in conjunction with § 48, paragraph 2 of the Civil Code). 

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        1. EXECUTION OF RIGHTS FROM LIABILITY FOR DEFECTS (COMPLIANTS)
          1. 1 The buyer can exercise the right to have the goods repaired at any of the seller's establishments (§ 18(2) of the Consumer Protection Act). The buyer can exercise the right to repair even in the warranty service (§ 625 of the Civil Code). The contact for the warranty service can be found by the buyer in the warranty certificate or provided by BLACK DRAGON DISTRIBUTION S.R.O. upon request.
          2. 2 Other rights from liability for defects, i.e. the right to exchange goods, the right to withdraw from the purchase contract (refund) and the right to an adequate discount, the buyer exercises at the seller's place of business BLACK DRAGON DISTRIBUTION S.R.O.
          3. 3 If the buyer makes a complaint, the seller or a person designated by him is obliged to inform the buyer about his rights. Based on the buyer's decision as to which of these rights he/she is exercising, the seller will determine the method of settling the claim, if possible immediately, in complex cases no later than 3 working days from the date of the claim. In justified cases, especially when a complex technical evaluation of the condition of the goods is required, the seller undertakes to determine the method of handling the complaint no later than 30 days from the date of application of the complaint and subsequently to handle the complaint within a period that may not be longer than 30 days from the determination of the method of handling the complaint.  If the subject of the complaint is taken over by the seller on a later day than the day the complaint is made, the time limits for handling the complaint begin to run from the day the subject of the complaint is taken over by the seller (§ 18, paragraph 4 of the Consumer Protection Act).
          4. 4 If the buyer makes a claim within 12 months of purchasing the product, the seller can only reject the claim based on a professional assessment of the goods. Regardless of the result of the expert assessment, the buyer cannot be required to pay the costs for the expert assessment of the claimed goods. The seller is obliged to provide the consumer with a copy of the expert assessment justifying the rejection of the claim no later than 14 days from the day the claim was processed.
          5. 5 If the buyer makes a complaint about the goods after 12 months from their purchase and the seller rejects this complaint, the seller is obliged to inform the buyer about who the product can be sent to for expert assessment. Expert assessment, for the purposes of dealing with complaints, includes the opinion of an authorized person or a person authorized by the manufacturer to carry out warranty repairs (§ 2 letter n) of the Consumer Protection Act). If the product is sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other costs related to it, are borne by the seller, regardless of the result of the expert assessment. If the buyer proves the seller's responsibility for the defect through expert assessment, he can apply the claim again; the warranty period does not expire during the performance of the expert assessment. The seller is obliged to reimburse the buyer within 14 days from the date of re-application of the complaint all costs incurred for the expert assessment, as well as all costs related to it. A renewed claim cannot be rejected.
          6. 6 The seller is obliged to issue a confirmation to the customer when making a complaint, at the latest together with a document on handling the complaint (§ 18, paragraph 8 of the Consumer Protection Act). This confirmation is a copy of the complaint protocol.
          7. 7 The seller is obliged to issue a written document to the customer about the processing of the complaint no later than 30 days from the date of application of the complaint (§ 18 paragraph 9 of the Consumer Protection Act). This written document is a copy of the complaint protocol with a filled-in complaint settlement box or a letter containing a written notification of the complaint settlement. 

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        1. GENERAL CLAIMS TERMS
          1. 1 When submitting goods for a claim:
        1. ) it is necessary to present a proof of purchase, or prove in another way that does not raise doubts, that the goods were purchased at BLACK DRAGON DISTRIBUTION S.R.O.,
        2. ) it is necessary for the goods to meet all other conditions for a warranty claim stated in the warranty certificate (physically undamaged, undamaged by a natural event, intact seals, etc.),

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        1. PROCEDURE FOR COMPLAINT 
        1. 1 If it is a defect that can be removed, the buyer has the right to its free, timely and proper removal. The seller decides on the method of removing the defect and is obliged to remove the defect without undue delay (Section 622(1) of the Civil Code).
        2. 2 Instead of removing the defect, the buyer may demand 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 in view of the price of the goods or the seriousness of the defect (§ 622 par. 2 of the Civil Code).
        3. 3 The seller can always exchange defective goods for 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 it is a defect that cannot be removed and which prevents the goods from being properly used as a defect-free product, the buyer has the right to exchange the goods or the right to withdraw from the purchase contract (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 it is a removable defect, but the buyer cannot properly use the goods due to the reappearance of the defect after repair (§ 623 paragraph 1 of the Civil Code). Reoccurrence of a defect after repair is considered to be the case if the same defect occurs a 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 there are removable defects, but the buyer cannot use the item properly due to a greater number of defects. A greater number of defects is considered to be at least three different removable defects at the same time, each of which prevents proper use.
        7. 7 If the seller does not handle 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 it is a defect that cannot be removed, 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 goods or the right to withdraw from the contract (refund), it depends on the buyer which of these rights he exercises. However, as soon as he chooses one of these rights, he cannot unilaterally change this choice.
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