Claims Policy

COMPLAINT PROCEDURE RULES

of the vionelle.eu e-shop

1. Identification of the Merchant

 

• These Complaint Procedure Rules (hereinafter the “CPR”) govern the legal relationships between the company:

 

Business name: MARCO INVEST s.r.o.
Registered office: Dunajské nábr. 2529/38, Komárno 945 01, Slovak Republic

Registered in the Business Register of the Nitra District Court, Section Sro, File no. 47821/N
Company registration number: 52287955

Tax ID no.: 2120971490

VAT ID no.: SK2120971490
Bank account: SK4775000000004026981845

the Merchant is a VAT payer,

 

(hereinafter the “Merchant” or “Seller”) and each person acting as a Buyer of the products offered by the Seller on the Seller´s Website, who is a consumer pursuant to further provisions of the General Terms and Conditions published on the Seller´s Website and applicable legislation of the Slovak Republic, i.e. the following acts: Act 108/2024 on consumer protection and on amendments to certain laws, as amended, and Act 40/1964, the Civil Code, as amended, with the exception set out in Clause 4.4. hereof, which governs the legal relationship between the Merchant and the Buyer who is not a consumer.

 

1.2. The Seller´s email address and telephone number:

 

Email: info@vionelle.eu

Telephone number: +421 917 544 455

 

1.3. Address for complaints and withdrawal from contract:

 

MARCO INVEST s.r.o., Dunajské nábr. 2529/38, Komárno 945 01, Slovak Republic

 

1. Basic Provisions

 

2.1. These Complaint Procedure Rules govern the legal relationships between Buyers – consumers and the Merchant.

III. Exercise of the Rights arising from Liability for Defects

3.1. The Buyer may exercise the rights arising from the liability for defects only if the Buyer files a complaint without undue delay and within twenty-four (24) months from the receipt of the item concerned. Should the Buyer fail to file a complaint, the rights arising from the liability for defects shall extinguish.

 

1. Liability for Defects

4.1. The Seller is liable for any defect present in the sold item at the time of its delivery, which becomes apparent within two (2) years of its delivery.

4.2. Where the subject-matter of the purchase is an item with digital elements for which the digital content or digital service is to be supplied continuously throughout an agreed period, the Seller shall be liable for any defect in the digital content or digital service that occurs or becomes apparent during the entire agreed period and this at least during the two (2) years after the delivery of the item featuring digital elements.

4.3. As regards used items, the parties may agree on a shorter period of the Seller’s liability for defects than those set out in clauses 4.1 and 4.2, but it should not be shorter than one (1) year from the delivery of the item concerned.

4.4. If the Buyer is not a consumer, the Seller shall be liable for any defect present in the sold item at the time of delivery to the Buyer, which becomes apparent within six (6) months of delivery thereof.

1. Rights arising from Liability for Defects

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

5.2. The Buyer may refuse to pay all or part of the purchase price until the Seller has fulfilled their obligations arising from liability for defects, unless the Buyer is in arrears with payment of all or part of the purchase price at the time the complaint is filed. The Buyer shall pay the purchase price without undue delay after the Seller has fulfilled their obligations.

5.3. The Buyer may only exercise their rights arising from liability for defects, including the right under clause 5.2, if they have filed a complaint within two (2) months of discovery of a defect, but no later than by the expiry of the periods under clauses 4.1 to 4.3 hereof.

5.4. The exercise of the rights arising from liability for defects does not exclude the Buyer´s entitlement to compensation for the damage incurred by them due a defect.

1. Filing a Complaint

6.1. A complaint may be filed at any establishment of the Seller or with another person of whom the Seller has informed the Buyer before the conclusion of the contract or before dispatch of the ordered item, 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 has informed the Buyer upon or after the conclusion of the contract.

6.2. If the Buyer sends a complaint as a postal consignment and the Seller refuses to receive it, the consignment shall be deemed to have been delivered on the day of the refusal.

6.3. The Seller shall provide the Buyer with a written acknowledgement of the complaint receipt immediately after it is filed by the Buyer. The Seller shall indicate in the complaint the period, in accordance with Section 507 (1)(b) of Act 40/1964, the Civil Code, as amended, within which the defect will be remedied. The notified period shall not exceed thirty (30) days from the complaint date unless a longer period is justified by objective reasons beyond the Seller’s control.

6.4. If the Seller refuses to accept liability for a defect, they shall notify the Buyer in writing of the reasons behind the refusal. If the Buyer proves the Seller’s liability for the defect by means of an expert opinion or expert’s statement issued by an accredited person, an authorised person, or a notified person, the Buyer may file a complaint again and the Seller must not refuse to accept liability for the defect; a repeated complaint is not subject to the provisions of Section 621 (3) of Act 108/2024 on consumer protection and on amendments to certain laws, as amended. The costs incurred by the Consumer in connection with the expert opinion and the expert’s statement are governed by Section 509 (2) of Act 40/1964, the Civil Code, as amended.

6.5. Where the Seller has informed the Buyer, prior to the conclusion of a contract or sending ordered items where a contract has been concluded on the basis on the Buyer’s order, that a complaint may be filed with another person, any act or omission of that person shall, for the purposes of liability for defects, be deemed to be the act or omission of the Seller.

VII. Defect Removal

7.1. The Buyer has the right to choose to have a defect removed by replacement or repair. The Buyer cannot choose a defect removal method that is impossible or which would cause, compared to a different defect removal method, disproportionate costs to the Seller in view of all circumstances, in particular the value of the item without any defect and the seriousness of the defect, while considering whether a different defect removal method could cause significant inconvenience to the Buyer.

7.2. The Seller may refuse to remove a defect if repair or replacement is not possible or would entail disproportionate costs in view of all circumstances, including those referred to in the second sentence of clause 7.1.

7.3. The Seller shall repair or replace a defective item within a reasonable time following the Buyer’s complaint and this at no charge, at the Seller’s expense, and without causing any serious inconvenience to the Buyer, having regard to the nature of the item and the purpose for which the Buyer ordered the item.

7.4. For the purposes of repair or replacement, the Buyer shall hand over or make a defective item available to the Seller or to the person referred to in Section 622 (5) of Act 108/2024 on consumer protection and on amendments to certain laws, as amended. The costs associated with the takeover of the item shall be borne by the Seller.

7.5. The Seller shall deliver the repaired or replacement item to the Buyer at the Seller’s expense in the same or similar manner as the defective item was delivered to them by the Buyer, unless the parties agree otherwise. If the Buyer fails to take possession of the item within six (6) months of the date on which they were supposed to do so, the Seller may sell the item concerned. As regards items of a higher value, the Seller shall notify the Buyer of the intended sale in advance and give them a reasonable additional time to take possession of the item. Immediately after the sale, the Seller shall pay the Buyer the proceeds of the sale after deduction of the expenses purposefully incurred by the Seller in connection with the storage and sale of the item, provided however that the Buyer exercises their right to a share of the proceeds within a reasonable period specified by the Seller in the notice of intended sale. The Seller may destroy the item at their expense if the item has not been sold or if the estimated proceeds of the sale are insufficient to cover the costs purposefully incurred by the Seller in connection with the storage thereof and the costs which the Seller would necessarily have incurred in selling it.

7.6. When removing a defect, the Seller shall arrange dismantling of the defective item and installation of the repaired or replacement item where the replacement or repair requires the dismantling of the defective item installed in accordance with its nature and purpose before the defect occurred. The Seller and the Buyer may agree that dismantling of the defective item and installation of the repaired or replacement item may be arranged by the Buyer at the expense and risk of the Seller.

7.7. Where a defect is resolved by providing a replacement item, the Seller shall not be entitled to compensation for the damage caused by the ordinary wear and tear of the defective item and to compensation for the ordinary use thereof before its replacement.

7.8. The Seller shall be liable for defects in replacement items pursuant to Section 619 of Act 108/2024 on consumer protection and on amendments to certain laws, as amended.

7.9. Pursuant to Section 517 (1) of Act 40/1964, the Civil Code, as amended, the Buyer shall be entitled to a reasonable purchase price discount or may withdraw from the purchase contract even without providing an additional reasonable period of time if:

1. a) the Seller has failed to repair or replace a defective item,
2. b) the Seller has failed to repair or replace a defective item in compliance with Section 623 (4) and (6) of Act 108/2024 on consumer protection and on amendments to certain laws, as amended,
3. c) the Seller has refused to remove a defect in compliance with Section 623 (2) of Act 108/2024 on consumer protection and on amendments to certain laws, as amended,
4. d) the same defect occurs in an item after its repair or replacement,
5. e) the nature of a defect is so serious that it justifies an immediate purchase price discount or withdrawal from the purchase contract, or
6. f) the Seller has declared, or given circumstances indicate, that the Seller will not remove a defect within a reasonable period of time or without causing serious inconvenience for the Buyer.

7.10. A purchase price discount shall be proportionate to the difference between the value of the sold item and the value of the item free of any defects.

7.11. The Buyer may not withdraw from the purchase contract under clause 7.9 if the Buyer has contributed to the defect or if the defect is negligible. The Seller shall bear the burden of proving that the Buyer has contributed to the defect or that the defect is negligible.

7.12. Where the purchase contract concerns the purchase of several items, the Buyer may withdraw therefrom only in respect of a defective item. The Buyer may withdraw from the contract in respect of other items only if it cannot reasonably be expected that the Buyer will be interested in keeping the other items without the defective item.

7.13. After withdrawal from the contract or part hereof, the Buyer shall return the defective item to the Seller at the Seller’s expense. The Seller shall arrange dismantling of the item installed in accordance with its nature and purpose before the defect has become apparent. If the Seller fails to do so within a reasonable period of time, the Buyer may arrange the dismantling of the item and its delivery to the Seller at the Seller’s expense and risk.

7.14. Following withdrawal from the contract, the Seller shall return the purchase price to the Buyer no later than fourteen (14) days from the date on which the item concerned was returned to the Seller or after the proof has been furnished that the Buyer has sent the item to the Seller, whichever occurs first.

7.15. The Seller shall return the purchase price to the Buyer, or pay them a purchase price discount, using the same method that the Buyer used to pay the purchase price, unless the Buyer expressly agrees to a different payment method. The Seller shall bear all costs associated with the payment.

7.16. The Seller shall not be entitled to compensation for the damage caused by the normal wear and tear and normal use of a defective item prior to withdrawal from the purchase contract.

VIII. Liability for Defects in Digital Content

8.1. The Merchant is liable for any defect present in digital content at the time of its supply, which becomes apparent within two (2) years from the supply thereof where the digital content is subject to one-time or repeated delivery.

8.2. The Merchant shall remove a digital content defect within a reasonable period of time from the Consumer´s complaint and this at no charge and without causing any serious inconvenience to the Consumer, taking into account the digital content nature and the purpose for which the Consumer ordered the digital content.

8.3. The Merchant may refuse to remove such a defect where the removal is impossible or would cause disproportionate costs to the Merchant in view of all circumstances, in particular in view of the value of the digital content free of any defects and the seriousness of the defect.

1. Liability for Defects in Services

9.1. The Seller is liable for any defect present in a service at the time of its provision, which becomes apparent within two (2) years from its provision.

9.2. Exercise of the rights arising from liability for defects in services shall be governed mutatis mutandis by provisions of Article VI hereof.

1. Final Provisions

10.1. These Complaint Procedure Rules form integral part of the General Terms and Conditions and Personal Data Protection Information and Principles applicable to this Website. Both the General Terms and Conditions and Personal Data Protection Information and Principles are available on the Seller´s Website.

10.2. These Complaint Procedure Rules shall become valid and take effect upon their publication on the Seller´s Website on 18 June 2025

 

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