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Complaints and Warranty Policy

Of the mansset.eu online store

I. Identification of the Trader

1.1. This Complaints Procedure (hereinafter also the “CP”) governs the legal relations between the company

  • Company name: Dmytro Nykytiuk
  • Registered office: Agatova 3460/7F, 84101 Bratislava-Dubravka, Slovenská republika
  • Company ID (IČO): 56703538
  • Tax ID (DIČ): 3122099057
  • Bank account: SK08 1100 0000 0029 4721 2179

(hereinafter also the “Seller” or the “Trader”) and every person who is a Buyer of products offered by the Seller on the Seller’s Website and who acts in the position of a consumer within the meaning of the further provisions of these General Terms and Conditions and the relevant laws defining a consumer, under the applicable legislation of the Slovak Republic, in particular the following acts: Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended, and Act No. 40/1964 Coll., the Civil Code, as amended, with the exception set out in point 4.4 of this Complaints Procedure, which governs the legal relationship between the Trader and a Buyer who does not act in the position of a consumer.

1.2. The Seller’s email and phone contact are:

  • Email: info@mansset.eu
  • Phone: +421911704726

1.3. The address for sending correspondence, complaints, and contract withdrawals is:

  • Dmytro Nykytiuk, Tupeho 30, Bratislava 831 01, Slovenská republika

II. Basic Provisions

2.1. This Complaints Procedure governs the legal relations between Buyers who are consumers and the Trader.

III. Exercising the Right Arising from Liability for Defects

3.1. The Buyer may exercise rights arising from liability for defects only if the defect was notified to the Seller without undue delay, no later than before the expiry of 24 months from taking delivery of the item. If the defect is not notified within this period, the rights arising from liability for defects shall cease.

IV. Liability for Defects

4.1. The Seller is liable for any defect that the sold item has at the time of its delivery and that becomes apparent within two years of the delivery of the item.

4.2. If the subject of the purchase is an item with digital elements for which digital content is to be supplied or a digital service provided continuously during the agreed period, the Seller is liable for any defect in the digital content or digital service that occurs or becomes apparent during the entire agreed period, but for at least two years from the delivery of the item with digital elements.

4.3. For a used item, the parties may agree on a shorter period of the Seller’s liability for defects than in paragraphs 4.1 and 4.2, but not shorter than one year from the delivery of the item.

4.4. The Seller is liable for any defect that the sold item has at the time of its delivery to the Buyer and that becomes apparent within 6 months of the delivery of the item, where the Buyer does not act in the position of a consumer.

V. Rights Arising from Liability for Defects

5.1. If the Seller is liable for a defect in the sold item, the Buyer has the right, against the Seller, to have the defect remedied by repair or replacement, the right to a reasonable discount from the purchase price, or the right to withdraw from the purchase contract.

5.2. The Buyer may refuse to pay the purchase price or part of it until the Seller fulfils the obligations arising from liability for defects, unless the Buyer is, at the time of notifying the defect, in default with the payment of the purchase price or part of it. The Buyer shall pay the purchase price without undue delay after the Seller fulfils its obligations.

5.3. The Buyer may exercise rights arising from liability for defects, including the right under point 5.2, only if the defect was notified within two months of its discovery, no later than before the expiry of the period under points 4.1 to 4.3 of this Complaints Procedure.

5.4. The exercise of rights arising from liability for defects does not exclude the Buyer’s right to compensation for damage arising from the defect.

VI. Notification of a Defect

6.1. A defect may be notified at any of the Seller’s establishments, to another person of whom the Seller informed the Buyer before the conclusion of the contract or before the sending of the order, or by means of distance communication to the address of the Seller’s registered office or place of business, or to another address of which the Seller informed the Buyer at the conclusion of the contract or after the conclusion of the contract.

6.2. If the Buyer notified the defect by a postal item that the Seller refused to accept, the item shall be deemed delivered on the day of the refusal.

6.3. The Seller shall provide the Buyer with a written confirmation of the notification of the defect without delay after the Buyer notifies the defect. In the confirmation of the notification of the defect, the Seller shall state the period within which it will remedy the defect in accordance with Section 507(1) of Act No. 40/1964 Coll., the Civil Code, as amended. The period notified under the preceding sentence must not be longer than 30 days from the date of notifying the defect, unless a longer period is justified by an objective reason that the Seller cannot influence.

6.4. If the Seller refuses liability for defects, it shall notify the Buyer of the reasons for the refusal in writing. If the Buyer proves the Seller’s liability for the defect by means of an expert opinion or a professional opinion issued by an accredited person, an authorized person, or a notified person, the Buyer may notify the defect again and the Seller may not refuse liability for the defect; Section 621(3) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended, does not apply to a repeated notification of a defect. Section 509(2) of Act No. 40/1964 Coll., the Civil Code, as amended, applies to the consumer’s costs associated with the expert opinion and the professional opinion.

6.5. If, before the conclusion of the contract, or, where the contract is concluded on the basis of the Buyer’s order, before the sending of the order, the Seller informed the Buyer that defects may also be notified to another person, the act or omission of that person shall, for the purposes of liability for defects, be considered an act or omission of the Seller.

VII. Remedy of a Defect

7.1. The Buyer has the right to choose to have the defect remedied by replacement of the item or by repair of the item. The Buyer may not choose a method of remedying the defect that is not possible or that, compared to the other method of remedying the defect, would cause the Seller disproportionate costs having regard to all circumstances, in particular the value that the item would have without the defect, the seriousness of the defect, and whether the other method of remedying the defect would cause the Buyer significant difficulties.

7.2. The Seller may refuse to remedy the defect if neither repair nor replacement is possible, or if they would require disproportionate costs having regard to all circumstances, including the circumstances under the second sentence of point 7.1.

7.3. The Seller shall repair or replace the item within a reasonable period after the Buyer notified the defect, free of charge, at its own expense, and without causing significant difficulties to the Buyer, having regard to the nature of the item and the purpose for which the Buyer required the item.

7.4. For the purposes of repair or replacement, the Buyer shall hand over or make the item available to the Seller or to the person under Section 622(5) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended. The Seller bears the costs of taking over the item.

Procedure for the Repair or Replacement of an Item

7.5. The Seller shall deliver the repaired item or the replacement item to the Buyer at its own expense, in the same or a similar manner in which the Buyer delivered the defective item to the Seller, unless the parties agree otherwise. If the Buyer does not take delivery of the item within six months from the day on which the Buyer was to take delivery of it, the Seller may sell the item. If the item is of higher value, the Seller shall notify the Buyer of the intended sale in advance and grant the Buyer a reasonable additional period to take delivery of the item. Without undue delay after the sale, the Seller shall pay the Buyer the proceeds of the sale of the item, after deducting the costs reasonably incurred for its storage and sale, provided that the Buyer exercises the right to a share of the proceeds within the reasonable period specified by the Seller in the notice of the intended sale of the item. The Seller may destroy the item at its own expense if it could not be sold or if the expected proceeds of the sale would not even cover the costs reasonably incurred by the Seller for the storage of the item and the costs that the Seller would necessarily have to incur for its sale.

7.6. When remedying the defect, the Seller shall arrange for the removal of the item and the installation of the repaired item or the replacement item, if the replacement or repair requires the removal of the defective item that was installed in accordance with its nature and purpose before the defect became apparent. The Seller and the Buyer may agree that the removal of the item and the installation of the repaired or replacement item will be arranged by the Buyer at the expense and risk of the Seller.

7.7. When a defect is remedied by replacement of the item, the Seller is not entitled to compensation for damage caused by normal wear and tear of the item or to remuneration for the normal use of the item before its replacement.

7.8. The Seller is liable for defects in the replacement item under Section 619 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended.

Discount from the Purchase Price or Withdrawal from the Contract

7.9. The Buyer has the right to a reasonable discount from the purchase price or may withdraw from the purchase contract even without granting an additional reasonable period under Section 517(1) of Act No. 40/1964 Coll., the Civil Code, as amended, if

  • a) the Seller has not repaired or replaced the item,
  • b) the Seller has not repaired or replaced the item in accordance with Section 623(4) and (6) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended,
  • c) the Seller has refused to remedy the defect under Section 623(2) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended,
  • d) the item has the same defect despite the repair or replacement of the item,
  • e) the defect is of such a serious nature that it justifies an immediate discount from the purchase price or withdrawal from the purchase contract, or
  • f) the Seller has declared, or it is apparent from the circumstances, that it will not remedy the defect within a reasonable period or without causing significant difficulties to the Buyer.

7.10. The discount from the purchase price must be proportionate to the difference between the value of the sold item and the value the item would have if it were free of defects.

7.11. The Buyer may not withdraw from the purchase contract under point 7.9 if the Buyer contributed to the occurrence of the defect or if the defect is negligible. The burden of proving that the Buyer contributed to the occurrence of the defect and that the defect is negligible lies with the Seller.

7.12. If the contract concerns the purchase of several items, the Buyer may withdraw from it only in respect of the defective item. In respect of the other items, the Buyer may withdraw from the contract only if it cannot reasonably be expected that the Buyer will wish to keep the other items without the defective item.

Return of the Item and the Purchase Price after Withdrawal

7.13. After withdrawing from the contract or part of it, the Buyer shall return the item to the Seller at the Seller’s expense. The Seller shall arrange for the removal of the item that was installed in accordance with its nature and purpose before the defect became apparent. If the Seller does not remove the item within a reasonable period, the Buyer may arrange for the removal and delivery of the item to the Seller at the expense and risk of the Seller.

7.14. After withdrawal from the contract, the Seller shall refund the purchase price to the Buyer no later than within 14 days from the day the item is returned to the Seller, or from proof that the Buyer sent the item to the Seller, whichever occurs first.

7.15. The Seller shall refund the purchase price to the Buyer or pay the discount from the purchase price using the same method the Buyer used to pay the purchase price, unless the Buyer expressly agrees to another method of payment. The Seller bears all costs associated with the payment.

7.16. The Seller is not entitled to compensation for damage caused by normal wear and tear of the item or to remuneration for the normal use of the item before withdrawal from the purchase contract.

VIII. Liability for Defects in Digital Performance

8.1. The Trader is liable for any defect that the digital performance has at the time of its delivery and that becomes apparent within two years of its delivery, if it is a digital performance supplied as a single act or as a set of individual acts of supply.

8.2. The Trader shall remedy the defect in the digital performance within a reasonable period after the consumer notified the defect, free of charge and without causing significant difficulties to the consumer, having regard to the nature of the digital performance and the purpose for which the consumer required it.

8.3. The Trader may refuse to remedy the defect if the remedy is not possible or if it would cause the Trader disproportionate costs having regard to all circumstances, in particular the value the digital performance would have without the defect and the seriousness of the defect.

IX. Liability for Defects in a Service

9.1. The Contractor is liable for defects that the item has at the time of its acceptance by the client.

9.2. If a defect becomes apparent within 24 months from the day on which the client was to accept the item, it is presumed that the item already had the defect at the time of acceptance. This does not apply if the contrary is proven or if this presumption is incompatible with the nature of the item or the defect.”.

X. Final Provisions

10.1. This Complaints Procedure forms an integral part of the General Terms and Conditions and the Privacy Policy and Notice of this Website. The documents – the General Terms and Conditions and the Privacy Policy and Notice of this Website – are published on the domain of the Seller’s Website.

10.2. This Complaints Procedure is valid and effective from the moment of its publication on the Seller’s Website on 01.07.2024

How to File a Complaint With Us

If you want to file a complaint, write to us at info@mansset.eu or via the Contact page. The supervisory authority is the Slovak Trade Inspection, which you may also contact with a complaint.