Complaints procedure

According to Act no. 250/2007 Coll. on consumer protection, a claim is the application of responsibility for product or service defects and the completion of the claim procedure by handing over the repaired product, exchanging the product, returning the purchase price of the product, paying an appropriate discount on the price of the product, a written invitation to take over performance or its justified rejection.

The guarantee according to these terms and conditions is provided under the conditions stated here or beyond the scope of the consumer's rights according to generally binding legal regulations. Nothing in these conditions can be understood, interpreted or applied as a limitation or denial of the consumer's rights according to generally binding legal regulations, or as a limitation or exclusion of the seller's responsibility for product defects towards the consumer.

1.  Warranty

The warranty is provided for defects that occur on the product/goods during the warranty period. The warranty period is 24 (twenty-four) months, unless another warranty period is specified in these terms and conditions, and it begins on the day the consumer receives the product/goods. The warranty conditions are governed by the provisions of Act No. 40/1964 Coll. Civil Code as amended.

The warranty does not cover normal wear and tear of the item (or parts thereof) caused by use. A shorter lifespan of the product cannot therefore be considered a defect and cannot be complained about.

The warranty also applies to fast-wearing parts of the goods and consumables that are consumed during normal use of the goods, if it is proven that they did not meet the usual technical requirements for such parts and materials. However, the destruction (deterioration) of a part (goods) due to the expiration of the technical life is not considered a defect.

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. The seller is obliged to give the buyer a confirmation of when he exercised the right, as well as of the repair and its duration. If there is an exchange, the warranty period starts again from the receipt of the new item.

2. Goods claim

The buyer files a claim with the seller. Claims for defects must be made within the warranty period, otherwise they will expire.

When claiming defects, the consumer is obliged to present the defective but complete goods to the seller (in person or by post), together with a copy of the proof of purchase of the product and a confirmed warranty card, if it was issued by the seller. The validity of the guarantee is not affected by non-fulfilment of the obligations regarding the issuance of the guarantee certificate.

When applying for a claim, it is necessary to submit the claim in writing or electronically to the specified e-mail address. The complaint includes the following data:

a) name and surname (company name) of the buyer
b) buyer's address
c) telephone and email contact
d) order number
e) bank account to which the claimant requests to pay the purchase amount.
f) date and signature of the buyer.

The complaint is considered to have been applied when all the information and documents necessary for the proper handling of the complaint, including the claimed goods, have been delivered to the seller.

If the documents for the claim are not complete, the seller will ask the buyer to complete the missing data or attach the missing required documents. If the buyer does not respond to the request (email or telephone) within 7 days of receiving the claim, the seller reserves the right not to continue handling the claim. In this case, the goods will be returned to the buyer at the address indicated in the order.

Buyers - consumers are entitled to use the online dispute resolution platform (hereinafter referred to as "RSO") to resolve their disputes, in the language of their choice. The buyer-consumer can use the RSO platform for an alternative resolution of their dispute, which is available on the website https://ec.europa.eu/consumers/odr/. When submitting a submission to the RSO platform, the buyer - consumer fills out an electronic complaint form. The information it submits must be sufficient to determine the relevant online alternative dispute resolution entity. Buyer - consumer can attach documents to support his complaint.

3. Consumer rights

If a defect occurs in the product during the warranty period, the consumer has the following rights:

1. if the defect is removable,

a. the right to have the defect rectified free of charge, on time (without unnecessary delay) and properly,
b. the right to exchange the product/goods, or if the defect concerns only a part of the item, to replace the part, if this does not result in unreasonable costs for the seller, considering the price of the goods or the severity of the defect,

2. if the defect can be removed, but the buyer / consumer cannot properly use the product / goods due to the reappearance of the defect after repair or due to a larger number of defects, the right to exchange the product / goods or the right to withdraw from the contract with the seller,

3. if the defect is irreparable and prevents the product/goods from being used as a defect-free product/goods, the consumer has the right to exchange the product/goods, or the right to withdraw from the contract with the seller.

4. Warranty exclusions

The warranty does not cover defects caused by:

• use contrary to the instructions for use, technical standards or safety regulations;
• by unprofessional or incorrect setting, repair, installation, adjustment (modification),
• accident or damage caused by the buyer/consumer or other persons,

The warranty expires:

• as a result of the exchange of any part, part or component of the goods that is not supplied or approved by the seller,
• as a result of any interventions in relation to the goods by a third party,
• if the elements used to identify the product or the data listed in the warranty card have been damaged or altered.

The consumer does not have the right to issue parts, components or parts of the goods that were replaced as part of the warranty repair.

5. Application of complaint and complaint procedure

A. Receiving of goods:
The buyer is obliged to inspect the goods immediately after receiving them. If mechanical damage to the product or product packaging is detected, the buyer is obliged to make a record of the damage in the presence of the carrier. The buyer states the reservation for the goods either on the delivery note or prepares a damage report with the carrier. On the basis of the prepared record, the customer will be delivered a new product without defects after the conclusion of the damage event with the carrier or will be provided with an appropriate discount, if the buyer agrees. The buyer is entitled to withdraw from the contract in case of delivery of damaged goods.

1) Claims for mechanical damage to the product, which was not apparent when receiving the shipment, must be made immediately after receiving the shipment. Before the first use, the buyer is obliged to study the warranty conditions, including the user manual, and then follow this information carefully.

2) The buyer is obliged to check the completeness of the packaging when taking over the product (both personal and non-personal). When delivered by courier, the buyer must write a complaint report on the spot about the incompleteness of the package.

3) The buyer is obliged to inspect the delivered goods upon receipt and to inform the seller of any detected defects without undue delay. The buyer must notify the seller of detected defects in writing. In the written notification, the buyer must state the detected defects, i.e. must state what defects are involved and how they manifest.

B. Claim application:
The buyer files a claim with the seller. The buyer is obliged to present the defective but complete goods to the seller (in person or by post), together with a copy of the proof of purchase of the product and a confirmed warranty card, if it was issued by the seller. Together with the application of the complaint, the buyer shall enclose with the complained of goods a description of the defect for which the product is being complained about.
 

C. Procedure for processing a claim:
According to § 18 of Act no. 250/2007 Coll. on consumer protection, the seller decides on the complaint immediately, in complex cases within 3 working days. In justified cases, especially if the situation requires a more complex evaluation of the product's condition, no later than 30 days from the date of application of the complaint. After the expiration of this period, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new product. The seller is entitled to deliver, in exchange for the defective goods, other goods, fully functionally compatible, but with at least the same or better technical parameters.

The seller is obliged to issue a confirmation to the consumer when making a complaint. If the claim is made via means of remote communication, the seller is obliged to deliver the confirmation of the claim to the consumer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without unnecessary delay, but at the latest together with a document on the completion of the claim. Confirmation of the application of the claim does not need to be delivered if the consumer has the opportunity to demonstrate the application of the claim in another way.

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 buyer will be informed about the result of the complaint via e-mail or by phone after the complaint procedure has been completed, and at the same time it will be delivered to him together with the goods, or complaint protocol by e-mail.

The time for processing the claim begins on the day the seller takes over the goods, or on the day of collection by the service center. Repair during the warranty period is free of charge.

Address to apply for a claim:

Himalaya Trade s.r.o.

B. Němcovej 1907/11, 955 01 Topoľčany, Slovakia, Business ID nr. (IČO): 51044684,

tel.: 00421 949 379 678, e-mail: eshop@tibetskemisky.sk

The buyer does not have the right to apply the warranty for defects of which the seller was notified at the time of the conclusion of the contract, or of which, taking into account the circumstances under which the purchase contract was concluded, he must have known.