Complaints procedure

I. General provisions

The company NEFKUS sro, Company ID: 52270548, Tax ID: 2120959203, VAT ID: SK2120959203 (according to §4, registration from 1.12.2020), with its registered office at Coburgova 9206/82C, 917 01 Trnava, registered in the relevant Commercial Register (hereinafter referred to as the "Trader"), issues, in accordance with the provisions of § 5 para. 1 letter f) of Act No. 108/2024 Coll. on Consumer Protection and the relevant provisions of Act No. 40/1964 Coll. of the Civil Code, this Complaints Procedure, which informs the consumer about the conditions and method of making a complaint about the delivered products, including information about where the consumer can make a complaint and about the existence and duration of liability for product defects and the procedure for exercising rights arising from liability for defects.

A consumer is a natural person who is interested in purchasing a Product and who becomes a party to a contractual relationship with the Retailer based on the Purchase Agreement.

This Complaints Procedure regulates the relations between the Trader and the Consumer. For the purposes of this Complaints Procedure, a consumer, within the meaning of Section 52, paragraph 4 of the Civil Code, is understood to be a natural person who, in connection with a consumer contract, an obligation arising from it or a business practice, is not acting within the scope of his business activity or profession.

If the person ordering the products is not a consumer, liability for defects is governed by the relevant provisions of Act No. 513/1991 Coll. of the Commercial Code.

This Complaints Procedure is available and published on the Merchant's website www.poshmack.com (hereinafter referred to as the "Website").

A complaint is understood as the exercise of the right to liability for defects in the provided product (goods).

A defect in the Goods means the provision of Goods of lower quality or lesser extent than previously agreed or as is customary.

II. Procedure for applying and handling claims, complaints and suggestions

If the Consumer is provided with a defective product, the Consumer has the right to make a complaint. The Consumer also has the right to submit complaints and suggestions.

II.1 Complaints about Goods

The warranty period for the Goods is 24 months and begins on the date of receipt of the Goods by the Buyer. If the Goods are marked with an expiration date, the warranty period runs until this date at the latest.

The Merchant is responsible for ensuring that the Goods offered to the Consumer meet the quality requirements in accordance with the nature of the goods offered (dog chairs and accessories) and the concluded Purchase Agreement.

The Consumer is entitled to make a complaint regarding: (a) the quality and scope of the Goods, if they were not delivered in the quality and scope according to the Purchase Agreement; (b) the correctness of the price charged for the Goods, if he has reasonable doubts about the correctness of the invoicing.

The Consumer is obliged to file a complaint without undue delay after discovering a defect in the Goods or incorrect billing. A timely notification of a defect is considered to be a notification within two months of discovering the defect, but no later than two years from the delivery of the Goods.

The complaint must be submitted in writing: by post to the address NEFKUS sro, Coburgova 9206/82C, 917 01 Trnava or by e-mail to haf@poshmack.com.

When filing a complaint, the Consumer shall provide identification and contact details (address, telephone, e-mail), shall precisely describe the defect in the Goods and shall state which of the claims under liability for defects he/she is applying. In the case of an incomplete complaint, the proceedings shall not commence until the date of receipt of all data; if the Consumer fails to complete the missing data even after being requested, the complaint shall be deemed unfounded.

The Trader will provide the Consumer with a written confirmation of the defect immediately after receiving the complaint and will state the deadline for removing the defect, no later than 30 days from the date of the defect being detected, unless a longer deadline is objectively justified.

The Merchant reserves the right not to acknowledge a complaint if the defect was caused by a circumstance excluding liability, a breach of the Consumer's obligations or improper handling of the Goods. The Merchant will notify the Consumer of these reasons in writing.

The Merchant is not liable for defects caused by unauthorized persons interfering with the Goods or by use contrary to their intended purpose.

The Retailer will issue a written document to the Consumer (in person, by post or e-mail) regarding the method of handling the complaint.

III. Handling of complaints, claims and suggestions

III.1 Handling of complaints about Goods

If the defect is removable, the Consumer has the right to free, timely and proper removal. The Trader is obliged to remove the defect without undue delay. The Consumer has the right to choose the method of removal, but not a method that is impossible or would cause unreasonable costs; in such a case, the Trader will choose the method.

The Consumer may request the replacement of the Goods, if this does not result in unreasonable costs considering the price and severity of the defect; the Trader may always eliminate the defect by replacement.

The Consumer has the right to a reasonable discount or may withdraw from the Purchase Contract if (a) the Trader has not removed the defect or has refused to remove it, (b) the defect has occurred repeatedly, (c) the defect is serious, or (d) it is obvious that the Trader will not remove the defect within a reasonable period of time.

When assessing the right to a discount or withdrawal, the type and value of the Goods, the nature and severity of the defect and the objective confidence in the Merchant's ability to eliminate the defect shall be taken into account. The discount must be proportionate to the difference in value between the goods with the defect and those without the defect.

The consumer cannot withdraw from the Purchase Contract if he/she contributed to the defect or if the defect is negligible.

After withdrawal from the Purchase Contract, the Retailer shall refund the price paid to the Consumer within 14 days in the same manner as the Consumer used, unless the parties agree otherwise; the costs associated with the payment shall be borne by the Retailer.

IV. Alternative Dispute Resolution

If the Consumer is not satisfied with the manner in which the complaint was handled or believes that his rights have been violated, he may contact the Retailer with a request for redress at the e-mail address: haf@poshmack.com or in writing to the registered office of NEFKUS sro, Coburgova 9206/82C, 917 01 Trnava. If the Retailer responds negatively or does not respond within 30 days, the Consumer has the right to submit a proposal for alternative dispute resolution pursuant to Act No. 391/2015 Coll.

The competent entity is the Slovak Trade Inspection, Bajkalská 21/A, PO BOX 29, 827 99 Bratislava 27, Company ID: 17331927, www.soi.sk, or another authorized legal entity listed in the Ministry of Economy of the Slovak Republic (www.mhsr.sk). Electronic submissions: ars@soi.sk, adr@soi.sk.

V. Final provisions

This Complaints Procedure shall enter into force and effect on October 1, 2024 and is an integral part of the Purchase Contract concluded between the Retailer and the Consumer and is binding on both parties.

By checking the box before submitting the order on the Merchant's Website, the Consumer confirms that he has read and agrees with the Complaints Procedure.

The Merchant reserves the right to amend and supplement this Complaints Procedure without prior notice. The amendment is effective on the date of publication on the Website www.poshmack.com and does not apply to complaints regarding performance prior to the amendment.