Complaints procedure

Contact Details of the Seller

Nunofia s.r.o., Commercial Register of the District Court Banská Bystrica, Company ID: 48170160, Tax ID: 2120074814, VAT ID: SK2120074814, registered office: Nunofia s.r.o. Hviezdoslavova 30 974 01 Banská Bystrica, Slovakia. Statutory body (executive): Ing. Vladislav Klajban.

  • Email: obchod@nunofi.sk
  • Tel.: +421 48 412 3392
  • Supervisory Authority: SOI Inspectorate for the Banská Bystrica Region, Dolná 46, 974 00 Banská Bystrica 1, Slovakia.

  1. This complaint procedure supplements and complements the General Terms and Conditions, which regulate the sale of goods through the e-shop on the website and describes the cooperation between the seller and the buyer regarding possible defects of goods, their application, and claims arising from them. The provisions do not apply to a buyer who is not a consumer but a person who purchases goods for business purposes and not for personal consumption of individuals; liability for defects of goods in this case is governed by the provisions of §422 et seq. of the Commercial Code. A buyer is any natural or legal person who has filled in and sent an order via the seller's website, received (email) notification of order acceptance, and paid the purchase price. A buyer is also any person who placed an order by phone or by sending an email and confirmed by email the acceptance of the seller's price offer and also confirmed acquaintance with these General Terms and Conditions.
  2. A consumer is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of their business activity, employment, or profession. For the purposes of these terms and conditions, it is also stated that a consumer is a natural person – non-entrepreneur. With the amendment of Act No. 250/2007 Coll. on Consumer Protection, effective from 01.05.2014, legal entities that purchase products or use services for personal needs or for the needs of their household members were excluded from the definition of a consumer. A consumer is not a corporate customer, i.e., a customer who purchases goods for a company (provides a Company ID, Tax ID, or VAT ID when ordering). Corporate customers are also not entitled to return goods without giving a reason or withdraw from the contract within 14 days. The relationship between such a customer and the seller is not governed by the Civil Code but by the Commercial Code. Consumers are also not natural persons who purchase goods for the performance of their profession.
  3. The seller recommends that the buyer familiarize themselves with the complaint procedure and general terms and conditions before ordering goods. By ordering goods from the seller, the buyer confirms that they are familiar with the content of the said complaint procedure and general terms and conditions.
  4. The seller handles consumer complaints in accordance with the legal regulations of the Slovak Republic, especially Act No. 250/2007 Coll. as amended, the Civil Code of the Slovak Republic, and applicable legal regulations.
    • The seller informs before the purchase about the seller's liability for defects of goods (according to § 622 – 624 of the Civil Code), the procedure for applying and handling complaints, complaints, and suggestions, where a complaint can be filed, especially if the place for handling complaints is different from the place of your business or establishment, and about performing warranty repairs (authorized services, etc.).
  5. As proof of purchase, the seller issues a purchase document (invoice) for each purchased item. If a separate warranty card is not issued, the relevant purchase document serves as a warranty card (hereinafter referred to as the "warranty card").
  6. Warranty period for consumers: For all goods purchased based on civil law relations, the warranty period is in accordance with the legal regulations of the Slovak Republic, standardly 24 months, unless the legal regulations of the Slovak Republic stipulate a shorter period for certain types of goods. If the period of use is indicated on the sold item, its packaging, or the instructions attached to it, the warranty period does not end before the expiration of this period. The warranty period begins on the day the goods are taken over by the consumer. The seller may extend the statutory period. The length of the extended warranty period is always indicated on the warranty card. If no other warranty period is indicated on the warranty card, the period of 24 months applies. The warranty period consists of the statutory period (24 months) and possibly the extended period. Within the statutory warranty period, complaints are governed by the Civil Code No. 40/1964 Coll. § 619-627 with regard to this complaint procedure. (In the case of an extended period, complaints are governed exclusively by this procedure.)
  7. Warranty period for used items: If it is a used item, the buyer and the seller may agree on a shorter warranty period, but not shorter than 12 months. For goods sold at a lower price due to a defect or incompleteness, the warranty does not cover defects for which the lower price was agreed.
  8. Warranty period for corporate customers: For all goods purchased by corporate customers, based on a business relationship, (in terms of the Commercial Code) the warranty period referred to as "warranty for quality" is set by the seller at 12 months (in words: twelve months). The buyer's rights from liability for defects of goods, for which the warranty period applies, expire if they are not exercised within the warranty period.
  9. Warranty conditions: The seller is responsible for ensuring that the goods have the specified quality, quantity, measure, and weight at the time of sale. The goods must be free of defects and must comply with applicable technical standards. The seller is responsible for defects that the sold goods have at the time of acceptance by the buyer and for defects that occur after acceptance of the goods within the warranty period.
  10. Exceptions to the warranty:
    • The warranty does not cover defects caused by improper use of the goods or due to force majeure, natural events, etc., nor any damage resulting from it.
    • The warranty does not cover defects caused by poor handling, unprofessional, or inappropriate handling, use, and installation that are contrary to the user manual.
    • The warranty also does not cover damage caused by:
      • mechanical damage to the goods,
      • using the goods in inappropriate conditions,
      • the goods were damaged by excessive loading or contrary to the conditions specified in the documentation or general principles,
      • performing unqualified interventions or changing parameters.
    • It is also not possible to claim goods for the same reason for which their price was reduced.
  11. The period from the exercise of the right from liability for defects until the time when the buyer was obliged to take over the item is not counted in the warranty period. If the goods are exchanged, the warranty period starts anew from the acceptance of the new goods. If the seller offers the customer additional goods free of charge as a gift when purchasing goods, it is up to the customer whether to accept the offered gift. However, the gift is not the sold goods, so the seller is not responsible for its possible defects. If the customer has the right to withdraw from the purchase contract (refund), the customer is obliged to return everything received to the seller, i.e., also the goods received as a gift.
  12. The consumer can file a complaint at any of the seller's establishments where the acceptance of the complaint is possible with regard to the sold products or provided services, or with a designated person who is obliged to handle the complaint. If the nature of the product allows, the consumer hands over the product to the seller (designated person) when filing a complaint. If the nature of the product does not allow delivering the product to the seller (designated person), the consumer can request the removal of the defect at the place where the product is located or agree with the seller (designated person) on the method of transporting the product. Filing a complaint is possible:
    • in person at the address: Nunofia s.r.o., Kuzmányho 5, 974 01 Banská Bystrica, Slovakia (it is necessary to prove that the product was purchased from the seller and that it is still under warranty. The law does not specify what document should be used to prove this. The seller recommends, for example, a proof of purchase or a warranty card).
    • by mail at the address: Nunofia s.r.o., Kuzmányho 5, 974 01 Banská Bystrica, Slovakia (it is necessary to prove that the product was purchased from the seller and that it is still under warranty. The law does not specify what document should be used to prove this. The seller recommends, for example, a proof of purchase or a warranty card).
  13. Before filing a complaint, the seller recommends (does not condition) that the buyer contact the seller by phone or electronically before the actual filing, who will inform them again about all the essential elements of the complaint, the possibilities of filing, and the procedure for handling the complaint:
  14. The seller hereby informs the buyer that a complaint form available on the seller's website can be used for filing a complaint. To file a complaint about a defect in a purchased product, it is sufficient for the consumer to prove that the product was purchased from a specific seller and that it is still under warranty. The law does not specify what document should be used to prove this. The Civil Code states (§ 620) that if the nature of the item allows, a proof of purchase may suffice instead of a warranty card, but at the buyer's request, the seller is obliged to provide a warranty in written form (warranty card). It follows from the above that if the seller does not provide other information about the product (more detailed) on the warranty card than on the purchase document, nor provides a longer warranty than the statutory one, requiring both a proof of purchase and a warranty card when claiming a defect in the product is in some cases duplicative – if the warranty is claimed with the seller – not in the warranty service. If the consumer exercises the right to repair a defect or exchange a defective product for a non-defective one, a proof of purchase from the ERP is not required. The seller cannot refuse to accept a complaint from the consumer if the consumer can prove that the defective product was purchased from the seller and is within the warranty period.
  15. Warranty period during complaint handling: the warranty period does not run during the complaint handling period. After handling a justified complaint, the warranty period is extended by the duration of the complaint. In the case of an unjustified complaint, the warranty period is not extended. If the complaint was handled by exchange, any subsequent complaint is considered the first complaint of the goods.
  16. Warranty on the exchanged item: a new warranty period applies from the day of acceptance of the new item.
  17. Information on the complaint:
    1. If it is a defect that can be removed, the consumer has the right to have it removed free of charge, in a timely and proper manner. The seller is obliged to remove the defect without undue delay.
    2. The consumer may request the exchange of the item instead of removing the defect, or if the defect concerns only a part of the item, the exchange of the part, if this does not incur unreasonable costs for the seller considering the price of the goods or the severity of the defect.
    3. The seller may always replace the defective item with a non-defective one instead of removing the defect if it does not cause serious difficulties for the buyer.
    4. If it is a defect that cannot be removed and prevents the item from being used properly as a non-defective item, the consumer has the right to exchange the item or has the right to withdraw from the contract.
    5. The same rights belong to the consumer if it is a removable defect, but the consumer cannot use the item properly due to the repeated occurrence of the defect after repair or due to a larger number of defects.
    6. If it is another non-removable defect, the consumer has the right to a reasonable discount on the price of the item.
    7. If an item sold at a lower price or a used item has a defect for which the seller is responsible, the consumer has the right to a reasonable discount instead of the right to exchange the item. If it is a non-removable defect that does not prevent the proper use of the goods, the consumer has the right to a reasonable discount on the price of the product.
    8. If the consumer has the right to exchange the goods or the right to withdraw from the contract (refund), it depends on the buyer which of these rights they exercise. However, once they choose one of these rights, they cannot change this choice unilaterally.
    9. If the consumer files a complaint, the seller or an employee authorized by them or a designated person is obliged to inform the consumer of their rights as stated above.
    10. For coins, stains on the surface of the coins, caused by particles of other metals, which are a natural part of the production of coins from precious and common metals, are not considered a defect. The seller does not exchange coins with these stains. For coins made of common metals with so-called open emission, such as circulation coins and commemorative coins intended for circulation (typically commemorative 2 euro coins and other commemorative world coins),  damage (e.g., minor scratches, hits, dented edges, etc.) caused by automatic minting and simplified handling and adjustment, corresponding to the non-numismatic character of open emissions, is not considered a defect.
  18. Determination of the method of handling the complaint: Based on the consumer's decision on which rights the consumer exercises, the seller is obliged to determine the method of handling the complaint:
    • immediately,
    • in complex cases no later than 3 working days from the date of filing the complaint
    • in justified cases, especially if a complex technical assessment of the condition of the goods or service is required, no later than 30 days from the date of filing the complaint.
  19. In accordance with the provision of § 18 para. 4 of the Consumer Protection Act, the seller is obliged to handle the complaint within 30 calendar days, regardless of how the consumer purchased the goods.
  20. Handling the complaint is considered: According to § 2 letter m) of the Consumer Protection Act, handling the complaint means the conclusion of the complaint procedure by handing over the repaired product, exchanging the product, refunding the purchase price of the product, paying a reasonable discount on the price of the product, a written invitation to take over the performance, or its justified rejection. According to § 122 para. 1 of the Civil Code, the period determined by days begins on the day following the event that is decisive for its beginning. After the expiration of the period for handling the complaint, the consumer has the right to withdraw from the purchase contract or has the right to exchange the goods for new goods.
  21. Complaint within 12 months of purchase: If the consumer filed a complaint about the goods within the first 12 months of purchase, the seller can handle the complaint by rejection only based on an expert assessment; regardless of the result of the expert assessment, the consumer cannot be required to pay the costs of the expert assessment or other costs related to the expert assessment. The seller is obliged to provide the consumer with a copy of the expert assessment justifying the rejection of the complaint no later than 14 days from the date of handling the complaint.
  22. Complaint after 12 months of purchase: If the consumer filed a complaint about the product after 12 months and the seller rejected it, the seller is obliged to state in the document on handling the complaint to whom the consumer can send the product for expert assessment (court expert, authorized person, designated person). If the expert opinion is in favor of the consumer, the complaint can be filed again; the re-filed complaint cannot be rejected. The costs of the expert assessment as well as all other related purposefully incurred costs are borne by the seller. The seller is obliged to reimburse the consumer within 14 days from the date of re-filing the complaint for all costs incurred for the expert assessment, as well as all other related costs.
  23. Costs of expert assessment: If the consumer sends the goods for expert assessment to a designated person, the costs of the expert assessment, as well as all other related purposefully incurred costs, are always borne by the seller, i.e., throughout the entire warranty period regardless of the result of the expert assessment. However, if the goods are sent for expert assessment to a person other than the designated person, i.e., an expert or an authorized, notified, or accredited person, the costs of the expert assessment, as well as all other related purposefully incurred costs, the seller is obliged to reimburse the consumer only if the expert assessment proves the seller's responsibility for the claimed defect, within 14 days from the date of re-filing the complaint.
  24. The expert assessment must contain:
    • identification of the person performing the expert assessment,
    • exact identification of the assessed product (e.g., serial or production number),
    • description of the condition of the product,
    • result of the assessment,
    • date of preparation of the expert assessment.
  25. Only the following can perform an expert assessment:
    • an expert according to Act No. 382/2004 Coll. Act on Experts, Interpreters, and Translators.
    • an authorized, notified, or accredited person – according to § 11 para. 1, § 2 para. 1 letter f) and § 22 para. 4 of Act No. 264/1999 and § 15 of Act No. 90/1998 Coll.
    • authorized service (person authorized by the manufacturer to perform warranty repairs).
  26. The seller is obliged to issue a confirmation to the customer when filing a complaint. This confirmation is a copy of the complaint protocol. In this confirmation, in addition to the contact details of the seller and the consumer, a description of the defect and whether the consumer requests repair, exchange, withdrawal from the contract, or a discount on the purchase price, depending on the nature of the defect, as well as the date of filing the complaint, should be stated. If the complaint is filed through means of distance communication, e.g., by phone, the seller is obliged to deliver the confirmation of filing the complaint to the consumer as soon as possible, but no later than together with the document on handling the complaint. The confirmation of filing the complaint does not need to be delivered if the consumer can prove the filing of the complaint in another way, e.g., by email. The seller is obliged to issue a written document on handling the complaint no later than 30 days from the date of filing the complaint. This written document is a copy of the complaint protocol with the filled-in complaint handling column, a letter containing written notification of complaint handling, or an SMS message or email message containing information on complaint handling with written confirmation of its sending.
  27. Cooperation of the buyer: The consumer is obliged to provide the seller, or the authorized service, without delay, any cooperation to verify the existence of the claimed defect and to remove it (including appropriate necessary testing or disassembly of the goods). The consumer is also obliged to deliver the goods when filing a complaint clean in proper packaging in accordance with hygiene regulations or general hygiene principles, including all its parts and accessories, allowing such verification and removal of the defect. The consumer is obliged to take over the goods from the warranty repair no later than one month from the notification of its execution.
  28. No provision of any law imposes an obligation on the seller to provide replacement goods to the consumer during the complaint handling period.
  29. Complaint in the case of a corporate customer: in the case of a complaint by a corporate customer (not a consumer) - such a relationship is then not governed by the Consumer Protection Act or the Civil Code, but by the Commercial Code.
  30. The seller informs the buyer about the supervisory authority, which is: Slovak Trade Inspection. The Slovak Trade Inspection, as the internal market control authority, does not examine the justification of complaints, but only whether all legal conditions related to the complaint, arising from the Consumer Protection Act, have been met. Other supervisory authorities, depending on the goods or services offered through the online store, may also be:
    • State Veterinary and Food Administration
    • Regional Public Health Office

Information on Alternative Online Dispute Resolution (ADR) for E-shop

  1. The seller hereby also informs customers (consumers) that as of February 1, 2016, Act No. 391/2015 Coll. on Alternative Consumer Dispute Resolution and on Amendments and Supplements to Certain Acts comes into effect. The aim of this act is to create a new possibility for consumers to resolve their dispute with the seller quickly, efficiently, less formally, and above all free of charge, or with minimal costs. It is about achieving an amicable resolution, or agreement between the consumer and the seller on resolving the dispute, which, after both parties agree to its wording, becomes a binding legal basis. The bodies of alternative dispute resolution by law are the Office for the Regulation of Network Industries, the Office for the Regulation of Electronic Communications and Postal Services, and the Slovak Trade Inspection. The Slovak Trade Inspection is also in the position of a so-called residual subject, which means that it will be authorized to resolve disputes for which the competence of other bodies is not determined, except for disputes arising from contracts for the provision of financial services. According to §11 of Act 391/2015 on Alternative Consumer Dispute Resolution and on Amendments and Supplements to Certain Acts, the consumer has the right to contact the seller with a request for redress if they are not satisfied with the way the seller handled their complaint or if they believe that the seller violated their rights. The consumer has the right, in case of a dispute with the seller, after using all possibilities to resolve the dispute, to contact the alternative dispute resolution body, whose value will be higher than 20,- €. The legal regulation applies not only to "domestic" disputes but also to "cross-border" disputes, i.e., disputes between foreign consumers and sellers in the territory of the Slovak Republic. The alternative dispute resolution body will conclude the dispute within 90 days from the date of its commencement, while the proposer will be informed of the extension of the period by 30 days (even repeatedly).
  2. If the consumer is not satisfied with the way the seller handled their complaint or otherwise violated their rights, in that case, they have the option to submit a proposal to the relevant body. This does not exclude the possibility of resolving their dispute through the courts. To ensure a smooth resolution of the dispute, the law requires mandatory cooperation from the seller.
  3. Alternative dispute resolution body: Slovak Trade Inspection, Central Inspectorate, Department for International Relations and Alternative Consumer Dispute Resolution, Prievozská 32, p.p. 29, 827 99 Bratislava 27, Slovak Republic.
  4. The consumer can submit a proposal in the manner specified according to §12 of Act 391/2015 Coll. on Alternative Consumer Dispute Resolution and on Amendments and Supplements to Certain Acts, also electronically through the online dispute resolution platform (ODR) on the website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK

Alternative dispute resolution is reserved exclusively for consumers - natural persons, not purchasing entrepreneurs. The dispute resolution takes place between the consumer and the seller, who concluded a distance contract and whose dispute has a value higher than 20€. The seller hereby also informs consumers about the possibility of individually submitting requests, proposals, suggestions, and attempts to prevent disputes electronically to the email address: obchod@nunofi.sk

The wording of the complaint procedure is effective from 01.08.2017

"Complaint form" in pdf for download here