Complaints Terms
Online store mansset.sk
I. Identification of the Trader
1.1. These Complaints Rules (hereinafter also the “CR”) govern the legal relationships between the company
- Company name: Dmytro Nykytiuk
- Registered office: Agatova 3460/7F, 84101 Bratislava-Dubravka, Slovak Republic
- Company ID: 56703538
- Tax ID: 3122099057
- Bank account: SK08 1100 0000 0029 4721 2179
(hereinafter also “Seller” or “Trader”) and any person who is a Buyer of products offered by the Seller on the Seller’s Website, and who acts in the capacity 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 acts: Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended, Act No., Act No. 40/1964 Coll. Civil Code, as amended, with the exception stated in point 4.4 of these Complaints Rules, which governs the legal relationship between the Trader and the Buyer who does not act in the position of a consumer.
1.2. Email and phone contact for the Seller is:
- Email: info@mansset.sk
- Phone no.: +421911704726
1.3. Address for sending correspondence, complaints, and withdrawals from contracts:
- Dmytro Nykytiuk, Tupeho 30, Bratislava 831 01, Slovak Republic
II. Basic Provisions
2.1. These Complaints Rules govern the legal relationships between Buyers who are consumers and the Trader.
III. Exercising the Right of Liability for Defects
3.1. The Buyer may exercise the rights of liability for defects only if the Buyer has notified the Seller of the defect without undue delay, no later than within 24 months of taking receipt of the goods. If the defect is not notified within this period, the rights of liability for defects shall lapse.
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 which becomes apparent within two years of 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 is to be 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 delivery of the item with digital elements.
4.3. For used items, 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 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 which becomes apparent within 6 months of delivery of the item, in cases where the Buyer does not act in the capacity 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 removed by repair or replacement, the right to a reasonable discount on 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 fulfills the obligations arising from liability for defects, unless the Buyer is in default of payment of the purchase price or part of it at the time the defect is claimed. The Buyer shall pay the purchase price without undue delay after the Seller fulfills its obligations.
5.3. The Buyer may exercise the rights of liability for defects, including the right under point 5.2, only if the defect is notified within two months of discovering the defect, no later than by the expiry of the period under points 4.1 to 4.3 of these Complaints Rules.
5.4. Exercising the rights of liability for defects does not exclude the Buyer’s right to compensation for damage caused by the defect.
VI. Notification of a Defect
6.1. A defect may be claimed at any of the Seller’s business premises, with another person of whom the Seller informed the Buyer before concluding the contract or before sending the order, or by means of distance communication to the address of the registered office or place of business of the Seller, or at another address of which the Seller informed the Buyer upon conclusion of the contract or after conclusion of the contract.
6.2. If the Buyer claimed the defect by postal shipment which the Seller refused to accept, the shipment shall be considered delivered on the day of the refusal.
6.3. The Seller shall provide the Buyer with written confirmation of the defect claim without undue delay after the Buyer has claimed the defect. In the confirmation of the defect claim, 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 stated in accordance with the preceding sentence must not be longer than 30 days from the date the defect was claimed, unless a longer period is justified by an objective reason that the Seller cannot influence.
6.4. If the Seller refuses liability for the defect, 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 an expert opinion or professional assessment issued by an accredited person, authorised person or notified body, the Buyer may claim 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 defect claim. The consumer’s costs associated with the expert opinion and professional assessment are governed by Section 509(2) of Act No. 40/1964 Coll., the Civil Code, as amended.
6.5. If, before concluding the contract or, where the contract is concluded on the basis of the Buyer’s order, before sending the order, the Seller informed the Buyer that defects may also be claimed with another person, the acts or omissions of that person shall, for the purposes of liability for defects, be considered acts or omissions of the Seller.
VII. Remedy of the Defect
7.1. The Buyer has the right to choose to remedy the defect 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 unreasonable costs with regard to all the circumstances, in particular the value 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 repair and replacement are not possible or would require unreasonable costs with regard to all the circumstances, including the circumstances referred to in the second sentence of point 7.1.
7.3. The Seller shall repair or replace the item within a reasonable period after the Buyer has claimed 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 referred to in Section 622(5) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended. The costs of taking over the item shall be borne by the Seller.
Procedure for Repair or Replacement of the Item
7.5. The Seller shall deliver the repaired item or a replacement item to the Buyer at its own expense in the same or a similar manner as the Buyer delivered the defective item to it, unless the parties agree otherwise. If the Buyer does not take over the item within six months from the date on which the Buyer was to take it over, the Seller may sell the item. If the item is of a higher value, the Seller shall notify the Buyer of the intended sale in advance and give the Buyer a reasonable additional period to take over the item. The Seller shall, without undue delay after the sale, pay the Buyer the proceeds of the sale of the item after deducting the costs it reasonably incurred for its storage and sale, if the Buyer claims 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 was not possible to sell it or if the expected proceeds of the sale would not even cover the costs the Seller reasonably incurred for its storage and the costs 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 Buyer shall arrange for the removal of the item and the installation of the repaired or replacement item at the Seller’s expense and risk.
7.7. When remedying the defect 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 payment for the normal use of the item before its replacement.
7.8. The Seller is liable for defects in the replacement item pursuant to Section 619 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended.
Discount on the Purchase Price or Withdrawal from the Contract
7.9. The Buyer has the right to a reasonable discount on the purchase price or may withdraw from the purchase contract even without granting an additional reasonable period pursuant to Section 517(1) of Act No. 40/1964 Coll., the Civil Code, as amended, if
- a) the Seller has neither repaired nor 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 refused to remedy the defect pursuant to 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 repair or replacement of the item,
- e) the defect is of such a serious nature that it justifies an immediate discount on the purchase price or withdrawal from the purchase contract, or
- f) the Seller has declared, or it is evident from the circumstances, that the Seller will not remedy the defect within a reasonable period or without causing significant difficulties to the Buyer.
7.10. The discount on the purchase price must be proportionate to the difference between the value of the item sold and the value the item would have if it were without defects.
7.11. The Buyer may not withdraw from the purchase contract pursuant to 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 relation to the defective item. In relation to 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 Seller’s expense and risk.
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 date the item is returned to the Seller or from the date the Buyer proves that it has 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 on the purchase price using the same method the Buyer used to pay the purchase price, unless the Buyer expressly agrees to a different method of payment. The Seller shall bear 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 payment for the normal use of the item before withdrawal from the purchase contract.
VIII. Liability for Defects in Digital Performance
8.1. The Trader shall be 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 the digital performance is supplied as a single act or as a series of individual acts of supply.
8.2. The Trader shall remedy the defect in the digital performance within a reasonable period after the consumer has notified the defect, free of charge and without causing significant inconvenience to the consumer, taking into account the nature of the digital performance and the purpose for which the consumer required the digital performance.
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, taking into account all the circumstances, in particular the value that the digital performance would have without the defect and the significance of the defect.
IX. Liability for Defects in Services
9.1. The Contractor shall be liable for defects that the item has at the time of its acceptance by the customer.
9.2. If the defect becomes apparent before the expiry of 24 months from the date on which the customer was to take over the item, it is presumed that the item already had the defect at the time of takeover. 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 Policy forms an integral part of the General Terms and Conditions and the Privacy Policy and Information of this Website. The documents – the General Terms and Conditions and the Privacy Policy and Information of this Website – are published on the domain of the Seller’s Website.
10.2. This Complaints Policy is valid and effective as of the moment of its publication on the Seller’s Website on 01.07.2024
How to Submit a Complaint With Us
If you would like to file a complaint, please write to us at info@mansset.eu or via the Contact page. The supervisory authority is the Slovak Trade Inspection, to which you may also address a complaint.