Complaints Procedure

COMPLAINT protocol | PDF
withdrawal from the contract | PDF

Article I

Introductory Provisions

  1. This complaints procedure outlines the process for submitting and handling complaints, as well as the procedure for carrying out warranty repairs. 
  2. This procedure is an integral part of the seller's terms and conditions and the purchase contract between the seller and the consumer buyer.
  3. This complaints procedure applies to goods purchased by the consumer from the seller: 

Business name: Healtern s.r.o. 

Registration: Commercial Register of the District Court in Prešov, Section Sro, File No. 44332/P    

Headquarters: Záhradná 536/7, 059 35 Batizovce, Slovakia

IČO:             54 707 579              

DIČ:             2121767538             

IČ DPH:     SK2121767538              

e-mail:        info@healtern.com              

phone: +421 907 996 419             

  1. By concluding the purchase contract and accepting the goods, the buyer agrees to the terms and conditions, as well as this Complaints Policy. 
  2. Goods purchased from the seller can be claimed in two cases:
  1. A complaint within the warranty period
  2. A complaint regarding quantity, type, price, etc.   

Article II 

Liability for defects 

 

  1. The seller is responsible to the buyer for ensuring that the goods sold conform to the purchase contract, particularly that they are free from defects. Conformity with the purchase contract means that the goods possess the quality and functionality specified by the seller, or the quality and functionality typical for goods of that type. Additionally, the goods must meet the requirements set by applicable legal regulations and serve the purpose stated by the seller, or the purpose for which such goods are generally used.
  2. The seller's liability for defects is governed by Section 620 et seq. of the Civil Code. 
  3. The seller is responsible for any defects that the goods may have at the time they are delivered to the buyer. In the case of items sold at a reduced price, the seller is not liable for defects that were reflected in the lower price. 
  4. For items that are not perishable or used, the seller is responsible for defects that arise after delivery but within the warranty period. The warranty period is 24 months.
  5. The warranty period begins when the buyer takes possession of the item. 
  6. At the buyer's request, the seller is obligated to provide a written warranty (warranty certificate). If the nature of the product allows, a proof of purchase may be sufficient in place of a warranty certificate. The warranty certificate must include the seller's name (first and last name, trade name, or business name), their registered office or place of business, the details of the warranty, its scope and conditions, the duration of the warranty period, and the necessary information for applying the warranty. If the warranty certificate does not include all the required details, this does not invalidate the warranty.
  7. The warranty certificate serves as proof of purchase—an invoice that also acts as the delivery note.
  8. The warranty does not cover damage caused by:
  • Mechanical damage to the goods 
  • Using the goods in conditions that do not meet their specified temperature, humidity, chemical, and mechanical environmental requirements
  • Improper handling or neglect in caring for the goods
  • Excessive load or use contrary to general guidelines 
  • Natural elements or force majeure 

 

Article III

Claim application

 

  1. The buyer can submit a claim through one of the following methods:
  1. By filling out the complaint form and sending it by post to the seller's registered office address or by email.
  2. By writing a complaint and sending it by post to the seller's registered office address or by email. 
  1. When making a claim, the buyer must include the completed complaint form, the proof of purchase (tax document), and the delivery document (hereinafter referred to as the "required documents") along with the defective goods.
  2. The complaint form should contain the following information:
  • Buyer’s identification,
  • Electronic order number,
  • Description of the goods being returned or exchanged, including the product code, color, size, quantity, and price, 
  • Name, account number, and bank code (for refund purposes). 
  • Date and signature of the buyer. 
  1. If the buyer does not provide the required documents along with the goods they wish to claim, the seller will request that the buyer submit the missing documents. 
  2. If the goods being claimed are not accompanied by the required documents, the seller reserves the right not to process the claim, and it will be considered that the buyer does not intend to pursue the complaint.
  3. The seller reserves the right not to accept goods sent by the buyer as cash on delivery.
  4. When returning the goods, it is essential to package them properly to prevent any damage. Any damage to the goods during transport may result in the claim being rejected. 

 

Article IV

Claims Arising from an Applied Claim

 

  1. The seller is responsible for any defects in the goods that are present at the time of delivery to the buyer. The buyer has the right to make claims for product defects within the warranty period.
  2. If the defect is repairable, the buyer is entitled to have it corrected free of charge, within a reasonable timeframe, and in a proper manner. The seller is obliged to remedy the defect without undue delay. Instead of repairing the defect, the buyer may request a replacement of the item, or, if the defect concerns only a part of the item, the replacement of that part, provided it does not result in disproportionate costs for the seller considering the price of the item or the severity of the defect. The seller may always opt to replace the defective item with a defect-free one, if this does not cause significant inconvenience to the buyer.
  3. If the defect cannot be repaired and prevents the item from being used properly as a defect-free product, the buyer has the right to request a replacement of the item or withdraw from the contract. The same rights apply if the defect can be repaired, but the buyer is unable to properly use the item due to the reoccurrence of the defect after a repair, or due to the presence of multiple defects. If there are other irreparable defects, the buyer is entitled to a reasonable discount on the price of the item.

 

Article V

Claim Processing

 

  1. If the claim is submitted via remote communication, the seller must immediately acknowledge receipt of the claim to the buyer. If it is not possible to provide the confirmation immediately, it must be sent without undue delay, but no later than with the document confirming the resolution of the claim. Confirmation of the claim submission is not required if the buyer can prove the claim submission through other means.
  2. The seller is obligated to determine the method of processing the claim immediately, and in more complex cases, no later than three working days from the date of the complaint. In justified cases, especially when a complex technical evaluation of the product or service is required, the deadline may be extended to no more than 30 days from the date of the complaint. Once the method of claim processing has been determined, the claim will be handled promptly. In justified cases, the claim may be processed later, but the entire claim process must not exceed 30 days from the date the claim was submitted. After the 30-day period for processing the claim has passed, the consumer has the right to withdraw from the contract or request an exchange of the product for a new one.
  3. If the consumer submits a complaint about the product within the first 12 months of purchase, the seller may only reject the claim based on a professional assessment. Regardless of the outcome of the expert evaluation, the consumer cannot be required to pay for the expert assessment or any other costs associated with it. The seller is obligated to provide the consumer with a copy of the expert assessment justifying the rejection of the claim within 14 days from the date the claim was processed. This does not affect the seller's obligations under paragraph 9. 
  4. Here’s an improved version of the text, with some adjustments for clarity and flow: If the consumer files a complaint about the product more than 12 months after the purchase and the seller rejects it, the person handling the complaint must indicate in the complaint resolution document where the consumer can send the product for expert assessment. If the product is sent for expert evaluation to the designated expert, the seller is responsible for covering the costs of the expert assessment, as well as any other related expenses, regardless of the outcome of the assessment. If the consumer proves the seller's responsibility for the defect through the expert assessment, they may resubmit the claim. The warranty period will not expire during the expert assessment process. The seller is obligated to reimburse the consumer for all expert assessment costs, as well as any other related costs that were incurred for the purpose of the assessment, within 14 days from the date the claim is resubmitted. A renewed claim cannot be rejected.
  5. The time between the exercise of the right to claim liability for defects and the completion of the complaint procedure is not included in the warranty period. If the item is exchanged for a new one, the new warranty period begins from the date the replacement item is received.
  6. The seller is required to issue a written document detailing the resolution of the claim no later than 30 days from the date the claim was submitted.
  7. The buyer is entitled to reimbursement for any costs (such as postage) incurred in connection with the exercise of their legitimate rights under liability for defects, provided these costs were actually and purposefully incurred. 

 

Article VI

Final Provisions

 

  1. This complaint procedure has been prepared by the law firm Lanikova Group, s.r.o., for the operator of the online store https://healtern.com/, and is protected under Act No. 185/2015 Coll. on Copyright, as amended. Without the author's consent, any use of this work is prohibited, including, but not limited to, copying, publishing, modifying, altering, expanding, or any other misuse.
  2. This complaint procedure becomes valid and effective on October 1, 2022. 01.10.2022.