COMPLAINT POLICY OF MTS, SPOL. S R.O.
- The company MTS, spol. s r.o. with registered office at Krivá 53, 027 55 Krivá, Company ID: 36 001 368, registered in the Commercial Register at Žilina District Court, section: Sro, file no. 3318/L (“MTS”) hereby publishes this Complaint Policy in accordance with §18 of Act No. 250/2007 Coll. on Consumer Protection and on amendment of Act No. 372/1990 Coll. on Offences, as amended (hereinafter as the “Consumer Protection Act”). The purpose of the Complaint Policy is to inform the consumer as to the scope, conditions and means for reporting defects in products and services (“a complaint”), including details as to where such complaint may be applied and the performance of warranty repairs.
- The term “seller” used within this Complaint Policy refers to MTS. The seller is a supplier as defined in §2 (e) of the Consumer Protection Act.
- The term “buyer” refers to a consumer, which in this case is a natural person or a legal entity who purchases products or acquires services based on a purchase agreement or a contract for work, regardless of form, for their personal needs or the needs of their household, and who purchased or ordered a specific product from the seller or via the seller’s e-shop pursuant to the definition contained in §2 (f) of the Consumer Protection Act (“service”). The term “goods” for the purposes hereof refers to a product and/or service.
- Pursuant to §18 (1) of the Act, the seller is obliged to properly inform the buyer of the conditions and means for filing a complaint, including details as to where such complaint may be filed and the performance of warranty repairs. The Complaint Policy must be posted in a location that is accessible to the consumer; for the purposes of complying with the referenced statutory provisions, this Complaint Policy is:
- published on the seller’s website: www.MTS.sk,
- visibly posted at the seller’s registered office where the buyer sells or provides goods,
- visibly posted at the seller’s establishment at which the buyer sells or provides goods
- is available to the seller in printed form at the sales counter or at the cash register located at the seller’s registered office or the seller’s establishment at which the buyer sells or provides goods.
- published on the seller’s website: www.MTS.sk,
- Conclusion of a purchase agreement by the seller and the buyer, or conclusion of a contract for work by the seller and buyer means the buyer agrees to the conditions specified herein. A reference to this Complaint Policy is made on any document confirming payment of the purchase price or the price for conducting work, or the document confirming the warranty period for a good or service (“warranty certificate”).
- This Complaint Policy stipulates the rights of the buyer as a consumer (§2 (a) of the Consumer Protection Act) so as to ensure their rights guaranteed under cogent provisions of legislation, in particular the Consumer Protection Act and the Civil Code. Once the warranty period stipulated by cogent provisions of the legislation lapses, the conditions defined herein take priority over the provisions of legislation.
- This Complaint Policy applies to the sale of goods and the provisioning of services from the supplier for buyers who meet the definition of a consumer pursuant to valid legislation.
- This Complaint Policy replaces all of the seller’s previous disclosures pursuant to the provisions of §620 (5) of the Civil Code, in which the seller defines the conditions and scope of warranty, if the warranty period specified in the warranty certificate is longer than the legally defined warranty period.
- The warranty conditions specified by the seller in the warranty certificate take priority over the provisions hereof.
- The provisions hereof for resolving complaints apply in a scope that does not contravene the specific regulations contained in note 22b of the Consumer Protection Act.
- Liability for defects:
- 11.1. The seller is liable for defects in sold or delivered goods upon acceptance by the buyer. The buyer is authorised to inspect goods prior to acceptance. The seller is not liable for defects in the goods that the buyer could have identified in such inspection, and in particular is not liable if the buyer later files a complaint for missing accessories for the goods or physical damage to the goods that could have been identified during inspection. The seller is not liable for such defects if the buyer fails to make use of its opportunity to inspect the goods.
- 11.2. In the case of used items, the seller is not liable for defects resulting from their use or wear and tear. For items sold at a reduced price, the seller is not liable for the defect for which such reduced price was agreed.
- 11.3. If used items are not involved, the seller is liable for defects that appear after acceptance of the goods and during the warranty period (warranty). The duration of the warranty period is governed by the provisions of legislation, in particular the provisions of the Civil Code, unless a longer warranty period is specified by the seller in the document confirming acceptance of the goods. An invoice or delivery note may function as a warranty certificate if the length of such warranty period is specified thereupon.
- 11.4. The warranty only covers functional malfunctions caused by production defects. The warranty does not cover the following:
- 11.1. The seller is liable for defects in sold or delivered goods upon acceptance by the buyer. The buyer is authorised to inspect goods prior to acceptance. The seller is not liable for defects in the goods that the buyer could have identified in such inspection, and in particular is not liable if the buyer later files a complaint for missing accessories for the goods or physical damage to the goods that could have been identified during inspection. The seller is not liable for such defects if the buyer fails to make use of its opportunity to inspect the goods.
- defects and damage to the goods caused by natural or physical damage to the goods and its components, including random damage;
- defects and damage to the goods caused by contamination of goods or parts thereof due to neglect of maintenance;
- defects and damage to the goods caused by use of the goods in conditions that do not correspond to standard conditions in which the goods are used, including temperature, dustiness, humidity, and the chemical and physical effects of such environment;
- defects and damage to the goods resulting from a force majeure event;
- defects and damage to the goods resulting from forcible damage of the goods;
- defects and damage to the goods resulting from failure to comply with the principles of use of the goods;
- goods for which the warranty period has lapsed at the moment they are accepted for repair;
- defects and damage to the goods caused by the use of components that are not recommended by the manufacturer or supplier, or if repairs or modifications are performed by parties not authorised by the manufacturer or supplier;
- defects and damage to goods that the buyer knew of prior to acceptance of the goods;
- defects and damage to goods that the buyer caused itself or that were caused by unprofessional installation of the goods.
- Enforcement of liability for defects (complaint):
- 12.1. Rights arising under liability for defects are enforced with the seller directly or at the establishment in which the goods were purchased. Under the Consumer Protection Act, the seller may file a complaint at any of the seller’s establishments in which such complaint may be accepted with regards to the sold products or provided services, or with a designated entity responsible for resolving the complaint. An employee authorised to receive and resolve complaints must be physically present during the business hours of any such establishment and at such designated entity.
- 12.2. The warranty certificate and proof of purchase of the goods must be submitted together with the complaint.
- 12.3. Under the Consumer Protection Act, the seller is obliged to issue confirmation to the buyer when a complaint is filed. For the purposes of accomplishing this statutory obligation, the person filing a complaint (for defects) shall complete a complaint protocol together with the authorised employee of the seller or the designated entity resolving the complaint, in which they specify the defect and the manner in which it appears and return the defective goods in the packaging, together with relevant accessories and documentation to the seller. The person filing the complaint, along with their mailing address (email, phone number) to be used by the seller to report the resolution of the complaint, will be specified in the complaint protocol. The seller has no liability if such response to the complaint cannot be delivered to the specified mailing address. If a complaint is filed using means of remote communication, the seller is obliged to deliver confirmation of the receipt of such complaint to the buyer immediately; if such confirmation of receipt cannot be delivered immediately, it must be delivered without any undue delay, and together with the document concerning resolution of the complaint at the latest; confirmation of receipt is not required if filing of the complaint can otherwise be confirmed to the buyer. The seller is obliged to issue a written complaint protocol within 30 days of the filing of a complaint.
- 12.1. Rights arising under liability for defects are enforced with the seller directly or at the establishment in which the goods were purchased. Under the Consumer Protection Act, the seller may file a complaint at any of the seller’s establishments in which such complaint may be accepted with regards to the sold products or provided services, or with a designated entity responsible for resolving the complaint. An employee authorised to receive and resolve complaints must be physically present during the business hours of any such establishment and at such designated entity.
- Resolution of complaints:
- 13.1. The resolution of complaints in accordance with the provisions of §2 (m) of the Consumer Protection Act is defined as the end of the complaint process resulting in the handover of a repaired product, a replaced product, a refund on the purchase price for the product, payment of an appropriate discount from the price of the product, a written request to take delivery or justified rejection of such complaint.
- 13.2. If the buyer files a complaint, the seller or their authorised employee or a designated entity shall instruct the buyer with respect to their rights under general legislation (§622 and §623 of the Civil Code); at the discretion of the buyer in terms of which of these rights to exercise, it shall define a process for resolving the complaint immediately, or within 3 business days from the filing of the complaint at the latest, and in justified cases, especially if complex technical assessment of the condition of the product or service is required, within 30 days from the filing of the complaint at the latest. After defining a method for resolving the complaint, the complaint will be resolved immediately, but in justified cases the complaint may be resolved later; however, this period shall not last more than 30 days from the filing of the complaint. Once the period to resolve the complaint has lapsed, the buyer has the right to withdraw from the agreement or contract, or the right to replacement of the product with a new product.
- 13.3. If the defect can be remedied, the buyer has the right to the free, full, and timely remedy of such defect.
- 13.4. The seller may always replace a defective item with a non-defective item instead of remedying a defect.
- 13.5. If it is discovered that an item has a defect that cannot be remedied after a complaint is received and which prevents the proper use of the item in full, the buyer has the right to replacement of such item or the right to withdraw from the agreement/contract.
- 13.6. Those same rights as specified in Subsection 13.5 are granted to a buyer if the defect may be remedied, but the buyer is unable to properly use the item after repeated occurrence of the same defect, even after the third such repair.
- 13.7. Those same rights as specified in Subsection 13.5 are granted to a buyer if the item has three different defects that may be remedied at the same time, and each one of them prevents its proper use.
- 13.8. If the buyer files a complaint involving a product during the first 12 months after its purchase, the seller may only refuse to honour such complaint based on an expert assessment; regardless of the outcome of such expert assessment, the buyer cannot be obliged to cover the costs for such expert assessment or other costs related to the expert assessment. If the buyer files a complaint involving a product at least 12 months after the purchase, and the seller rejects such complaint, the person responsible for resolving the complaint shall specify in the complaint protocol a party to whom the buyer may send the product for an expert assessment. If the product is sent for an expert assessment to a designated entity, the costs for such expert assessment and all other related, reasonably incurred costs shall be covered by the seller, regardless of the outcome of the expert assessment. If the buyer is able to demonstrate the seller’s liability for a defect through such expert assessment, they may refile their complaint; the warranty period is halted during such time that the expert assessment is being conducted. The seller shall pay all costs incurred for expert assessment and all related, reasonably incurred costs related thereto, within 14 days from the date on which such complaint is refiled. The refiling of a complaint cannot be refused.
- 13.9. The resolution of a complaint has no prejudice on the buyer’s right to indemnity under Act No. 294/1999 Coll. on Liability for Damages Resulting from Defective Products, as amended.
- 13.1. The resolution of complaints in accordance with the provisions of §2 (m) of the Consumer Protection Act is defined as the end of the complaint process resulting in the handover of a repaired product, a replaced product, a refund on the purchase price for the product, payment of an appropriate discount from the price of the product, a written request to take delivery or justified rejection of such complaint.
This Complaint Policy is valid and takes effect on 1 December 2014 and cancels all previous provisions and practices related to the handling of complaints and the warranty for the goods.
Failure on the part of the buyer to comply with the complaint conditions specified above puts the overall process and quality of the complaint proceedings at risk.