This Complaints Procedure is valid from 01.01.2016 and is available at the seller's registered office or as a document at LUCULLUS sro
The Complaints Procedure describes the normal business cooperation between the buyer and the company LUCULLUS sro with its registered office at Pribinova 4, 811 09 Bratislava, ID number: 50 169 971 (hereinafter referred to as the seller) and the branch for returning goods and complaints LUCULLUS sro, SNP 264/3, 059 21 Svit.
The buyer is obliged to get acquainted with the complaint procedure and the General Terms and Conditions before ordering the goods. By taking over the goods from the seller, they agree with the complaint procedure below. If the goods are not taken over in person, the taking over of the goods means the moment of their delivery to the first carrier.
As proof of warranty (warranty certificate), the Seller issues a purchase document (invoice - hereinafter only warranty certificate) for each purchased goods with all the necessary data for the application of warranty (name of goods, length of warranty, price, quantity, product code ....) .
- The warranty period begins on the day of receipt of the goods by the buyer. The statutory warranty period is generally 24 months. The seller may extend this statutory period. The length of the warranty period is always marked on the warranty card (in the warranty column).
- The warranty period consists of the statutory period (24 months) and, if necessary, an extended period. Within the statutory warranty period, the complaint is governed by the Civil Code No. 40/1964 Coll. § 619-627 taking into account these complaint rules. In the event of an extended period, the complaint is governed exclusively by these rules.
- An exception may be goods sold at a discount (goods damaged, used, incomplete, etc.). If the buyer is a consumer and if the goods are used, the seller is not liable for defects corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer. The rights from the liability for defects of the goods expire if they have not been exercised within 24 months from the date of receipt of the goods by the buyer. The seller may reduce this period by agreement with the buyer, but not to less than 12 months. This period shall be stated by the seller in the document of sale of goods. For goods sold at a lower price due to an error or incompleteness, the warranty does not cover defects for which a lower price was agreed.
- For selected products, the manufacturer's warranty is limited to non-consumer buyers. The legal rights of the end customer (consumer) are not affected in any way, the warranty for them applies according to the law.
- The buyer is obliged to check the condition of the shipment together with the carrier immediately upon delivery (number of packages, integrity of the tape with the company logo, damage to the box) according to the enclosed consignment note. The buyer is entitled to refuse to accept a shipment that is not in accordance with the purchase contract by the fact that the shipment is, for example, incomplete or damaged. If the Buyer accepts such a damaged consignment from the carrier, it is necessary to describe the damage in the carrier's handover protocol.
- Incomplete or damaged shipment must be immediately reported by e-mail to the address: email@example.com, write a record of the damage with the carrier and send it without undue delay by e-mail or mail to the seller. Additional claims for incompleteness or external damage to the shipment gives the seller the opportunity to prove that this is not a breach of the purchase contract.
- The warranty does not cover defects caused by improper handling, insufficient or inappropriate treatment, as a result of natural changes in the materials from which the goods are made, as a result of any damage by the user or a third party or other improper intervention.
Method of equipment for complaints
If the buyer is a consumer without an ID:
If it is a defect that can be removed, the goods will be repaired. If repair is not possible and the nature of the error does not prevent normal use, the seller may agree with the buyer on a reasonable discount on the price of the goods. In the case of a discount, it is not possible to claim this defect later. In the event that it is impossible to handle the complaint with any of the above options, a credit note will be issued to the buyer.
In the case of a defect which cannot be remedied and which prevents the thing from being properly used as a thing without defects, the seller will offer the buyer the exchange of defective goods for goods with the same or similar performance or issue a credit note.
If the buyer is an entity with ID number:
If it is a defect that can be removed, the goods will be repaired. If repair is not possible and the nature of the error does not prevent normal use, the seller may agree with the buyer on a reasonable discount on the price of the goods. In the case of a discount, it is not possible to claim this defect later.
In the case of a defect which cannot be remedied and which prevents the thing from being properly used as a thing without error, the seller is entitled to exchange the defective goods for goods with the same or similar performance or issue a credit note.
- The seller handles complaints about the goods without undue delay, but no later than 30 days from the day following the complaint by the buyer. This period is not binding on the buyer, who applied the ID number during the purchase and therefore his relationship with the seller is regulated by the Commercial Code.
- After the settlement of a justified complaint, the warranty period is extended by the duration of the complaint. In the event of an unjustified complaint, the warranty period is not extended. If the complaint was settled by exchange, another possible complaint is considered to be the first complaint of goods. (The duration of the complaint is calculated from the day after receipt until the day the complaint is settled. Not until the buyer picks it up. The customer is informed about the settlement by the e-mail he stated at the time of purchase.)
- After the complaint has been settled, the seller will notify the buyer of the termination of the complaint either by telephone or by e-mail. If the goods were sent by a transport service, they will be automatically sent to the buyer's address after processing. If, for technical reasons, the buyer does not receive the e-mail within the statutory one-month period, the buyer has the opportunity to automatically appear at the complaints department, where the complaint will be processed and issued upon submission of the original complaint.
- In case of non-collection of the claimed goods within 60 days from the date of filing the complaint, the seller is, according to § 656 of the Civil Code, entitled to charge the amount for storage when removing the complaint. This amount is set at 0.50 EUR / day for goods up to 5 kg.
For the company LUCULLUS sro
Prepared in accordance with the Civil Code. no. 108/2000 Coll. , Commercial Code. and relevant amendments to Coll