Complaint conditions

General provisions

With this complaint procedure, TOPBLADE s.r.o. as a seller properly informs the consumer as a buyer about the conditions and method of exercising the rights arising from liability for defects (complaints), including information on where the claim can be made and about the performance of warranty repairs.
The seller issued this complaint procedure in accordance with Act no. 40/1964 Coll. The Civil Code, as amended (hereinafter referred to as the "Civil Code"), by Act No. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended (hereinafter referred to as the "Consumer Protection Act"), Act No. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments and additions to certain laws, as well as other generally binding legal regulations of the Slovak Republic.
This complaint procedure is located on the relevant subpage of the seller's website.
The company TOPBLADE s.r.o. always tries to fulfill all orders to the satisfaction of our customers, however, it may happen that you are not satisfied with the goods. In case you want to claim or return the goods, you must follow the following conditions.
The seller is responsible for product defects. The buyer is obliged to file a claim for liability for product defects (hereinafter referred to as a claim) with the seller immediately after they have been discovered, following a procedure in accordance with the seller's claim procedure.
Withdrawal of the buyer from the purchase contract based on the provisions of § 7, 8, 9, 10 of 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 and on amendments to certain laws (hereinafter referred to as the "Act on consumer protection in the sale of goods based on a contract concluded at a distance")
The consumer is entitled to withdraw from the purchase contract within 14 days of taking over the goods according to the Terms of Delivery without giving a reason in accordance with sec. § 7 par. 1 of Act no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance. By sending the order to the seller, the buyer confirms that the seller has fulfilled his information obligations in a timely and proper manner according to section § 3 of the Act on consumer protection in the sale of goods on the basis of a contract concluded at a distance. The buyer must make a complaint about the goods and their defects in writing, by e-mail or by mail to the address that the seller has on the contact page. Withdrawal from the contract must be made by the buyer in writing by e-mail or post.
The buyer acknowledges that in the case of an order for goods marked as "to order" goods in the online store (supplied on the basis of a special order by the buyer), this does not fall among the goods listed in § 12, par. 5, Act No. 108/2000 Coll. and it is not possible to return it in accordance with the previous point.
Address for sending a written complaint and delivery of the claimed goods:
1. TOPBLADE, s.r.o., Dojč 428, 90602 Dojč
2. Phone contact: 0948 332 762
3. E-mail: obchod@baterky-noze.sk

Seller's responsibility for product defects

The seller is responsible for defects that the sold goods have when they are taken over by the buyer and for defects that occur after taking over the goods during the warranty period. The warranty period is 24 months.
For items sold at a lower price due to a defect, the warranty period is 24 months, but the seller is not responsible for the defect for which a lower price was negotiated.
The warranty period for used items (e.g. demonstration model) is 12 months.
By declaring in the warranty letter issued to the buyer or in the advertisement, the seller can provide a guarantee exceeding the scope of the guarantee established by law, while the conditions and scope of this guarantee will be determined in the guarantee letter.
Warranty periods start from the date of receipt of the goods by the buyer.
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.
Rights from liability for product defects for which the warranty period applies will expire if they were not exercised within the warranty period.
The seller is not responsible for:
1. errors of which the buyer was informed by the seller at the time of concluding the purchase contract or of which, taking into account the circumstances under which the purchase contract was concluded, he must have known,
2. defects apparent when taking over the goods, which the buyer did not report when taking over,
3. mechanical damage to the goods caused by the buyer,
4. defects that are caused by the use of the goods in conditions that, due to their humidity, chemical or mechanical effects, do not correspond to the natural environment,
5. defects caused by unprofessional handling, unprofessional service or neglect of the care of the goods,
6. damage to goods caused by excessive loading or use contrary to the conditions specified in the user manual, technical standards or safety regulations valid in the Slovak Republic,
7. damage to goods caused by unavoidable or unforeseeable events,
8. defects caused by unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity or other force majeure,
9. defects caused by tampering with the goods by an unauthorized person.
An unsatisfactory color shade of the goods is not considered a defect, because the seller is not responsible for the display of individual color shades on the buyer's output device (e.g. monitor, printer). In this paragraph of the complaint procedure, the seller duly informed the buyer that the displayed color shade of the ordered goods may differ from the reality.

Exercising rights arising from liability for errors (complaint)

The buyer can make a claim:
1. in writing at the seller's address: TOPBLADE, s.r.o. Budovatelská 5, 940 02 Nové Zámky.
2. by e-mail sent to the seller's e-mail address according to the relevant contacts listed on the seller's website, or by replying to messages received from the seller.
3. through the online complaint form located on the relevant subpage of the seller's website, which will be automatically delivered to the seller's e-mail address.
When making a claim, the buyer must:
1. described the defect in the goods as precisely as possible and, if possible, also attached a photograph, if the nature of the defect allows for its photographic capture,
2. delivered the proof of purchase to the seller, or proved in another way that does not raise doubts that the goods were purchased from the seller and notified the seller of the right arising from the seller's responsibility for defects according to paragraph 3 of this article.
3. The description of the defect in the goods, the proof of purchase and the notification of the right he is exercising can be handed over by the buyer together with the claimed goods to the person authorized by the seller to take over the claimed goods at the seller's headquarters. The buyer can also fill in the description of the defect and the notification of the right he is exercising directly in the online complaint form located on the relevant subpage of the seller's website. The goods can also be sent to the seller's headquarters by courier service. We advise customers to wait for the seller to send the package, if it is possible for the seller to resolve the complaint by replacing the package, which will save the buyer shipping costs.
If the buyer makes a claim, he will also decide which of the rights arising from the seller's liability for defects he applies and inform the seller of this decision. The seller hereby informs the buyer about his rights arising from liability for defects, which the buyer can claim

Ak ide o odstrániteľnú vadu, kupujúci si môže uplatňovať

the right to repair (i.e. the right to free, timely and proper removal of the defect),
the right to exchange the item (if this does not result in unreasonable costs for the seller considering the price of the goods or the severity of the defect) or
the right to exchange a part of the item, if the defect concerns only a part of the item (if this does not incur disproportionate costs for the seller in view of the price of the goods or the seriousness of the defect, or
other right not expressly regulated by law, for example the right to a reasonable discount from the price of the item, if agreed upon with the seller.
1. if it is an irreparable defect that prevents the item from being properly used as a defect-free item, the buyer may claim:
  1. the right to exchange the thing or
  2. the right to withdraw from the contract (i.e. the right to return the purchase price of the product).
2. if it is another non-removable defect (i.e. one that does not prevent the proper use of the item as flawless), the buyer can claim:
  the right to a reasonable discount from the price of the item.
3. if it is a removable defect, but if the buyer cannot properly use the item due to the reappearance of the defect after repair (i.e. the same defect occurs for the third time after at least two previous repairs), the buyer can claim:
  1. the right to exchange the thing or
  2. the right to withdraw from the contract (i.e. refund of the purchase price of the product).
4. if it is a removable defect, but if the buyer cannot use the item properly due to a greater number of defects (i.e. at least three different removable defects at the same time, each of which prevents proper use), the buyer can claim:
  1. the right to exchange the thing or
  2. the right to withdraw from the contract (i.e. refund of the purchase price of the product).
5. If the buyer has the right to exchange the goods or the right to withdraw from the contract (refund the purchase price of the product), it is up to the buyer to exercise which of these rights. However, as soon as he has exercised one of these rights with the seller, he cannot unilaterally change this choice.
6. When making a claim, the seller issues a confirmation of the claim to the buyer. If the claim is made via e-mail or online claim form, the seller is obliged to deliver the confirmation of the claim application immediately, otherwise without unnecessary delay, but at the latest together with the proof of claim completion. Confirmation of the application of the claim does not need to be delivered if the buyer has the opportunity to demonstrate the application of the claim in another way.

Method of handling the complaint

The completion of the complaint is the termination of the complaint procedure in one of the following ways:
1. by handing over the repaired product,
2. by replacing the product,
3. by returning the purchase price of the product,
4. by paying a reasonable discount on the price of the product,
5. by a written invitation to take over performance or
6. justified rejection of the claim.
Based on the buyer's decision, which he applies from the rights arising from the seller's liability for defects, the seller will determine the method of processing the claim, namely:
1. immediately
2. no later than 3 working days from the day of the claim (in complex cases) or
3. no later than 30 days from the date of the complaint (in justified cases, especially if a complex technical evaluation of the product's condition is required).
After determining the method of handling the complaint, the seller will handle the complaint immediately, in justified cases later, however, the handling of the complaint may not take longer than 30 days from the date of application of the complaint. After the expiration of the deadline for processing the complaint, the buyer has the right to withdraw from the contract or has the right to exchange the product for a new product.
The seller is obliged to issue a written document about the handling of the claim no later than 30 days from the date of application of the claim.
The handling of the claim does not affect the buyer's right to compensation for damage according to Act no. 294/1999 of from. on liability for damage caused by a defective product as amended.

Alternative dispute resolution

If the buyer - consumer is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights, he has the right to contact the seller with a request for correction.
If the seller responded negatively to the request for correction or did not respond to it within 30 days from the date of its dispatch, the buyer has the right to submit a proposal to initiate an alternative resolution of his dispute to the subject of alternative dispute resolution according to the provisions of § 12 of Act No. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain laws.
The competent entity for alternative resolution of consumer disputes is the Slovak Trade Inspection or another authorized legal entity registered in the list of entities for alternative resolution of disputes maintained by the Ministry of Economy of the Slovak Republic. The buyer has the right to choose which of the listed entities of alternative resolution of consumer disputes to turn to.
The buyer can use the online dispute resolution platform, which is available on the website established by the European Commission, to submit a proposal for an alternative resolution of their dispute.

Final provisions

This complaint procedure is valid from 01.11.2018 and cancels the validity of previous complaint procedures. This complaint procedure is available at the seller's headquarters and on the seller's website.

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