Terms and Conditions
General Terms and Conditions of the Internet Shop (E-shop): www.arthome.sk
Muebles s.r.o., Commercial Register of the Distrieict Court Košice I, Entry No.: 28051/V Section: Sro,
Company ID no.: 46252827
Company VAT no.: 2023305284
Company VAT ID no.: SK2023305284
Registered office of Muebles s. r. o.
044 57 Haniska
BANK: VÚB BANKA, A.S.
Account number: 3915462258
IBAN: SK44 0200 0000 0039 1546 2258
SWIFT BIC: SUBASKBX
e-mail: [email protected]
Telephone contact: +421 915 787 795
Supervisory Body Inspectorate of the Slovak Trade Inspection for the Košice Region, Vrátna 3, 043 79 Košice 1, Department of Technical Control of Products and Consumer Protection and Legal Department, tel. no. 055/6220 781, Fax no.: 055/ 622 45 47, [email protected].
The General Terms and Conditions come into force on 01.03.2019.
These “General Terms and Conditions” govern the rights of consumers and the obligations of the Seller Muebles s.r.o., with its registered office at Haniska 385, 044 57 Haniska, when selling goods and providing services based on a distance contract concluded. The contracts may be concluded on the website of the Seller https://www.arthome.sk by:
– natural persons under Act No. 102/2014 Coll., on Consumer Protection in the Sale of Goods or Services under a Distance Contract or a Contract Concluded outside the Premises of the Seller and amending and supplementing certain acts;
– legal persons under Commercial Code No. 513/1991 Coll., as amended.
1. Purchase Method
Use the form for selecting the parameters of a particular type of goods and view the offer. Insert the amount and add the selected type into the basket. After checking your basket you complete your order by filling in and submitting the final form. Using this form, it is also possible to register and thus save your data for future purchases. By submitting your order your order will be processed and a confirmation of your order and its registration will be automatically sent to your e-mail. All information relating to your order will be sent to the e-mail address provided. Subsequently, your order will be confirmed and the goods will be dispatched as soon as practicable.
Selecting particular goods from our offer and sending an electronic order or, ordering goods by telephone means a confirmation of a binding nature of your order and you grant your consent to the General Terms and Conditions. To send the order you need to have an activated functionality of the website of the Seller. The functionality is marked clearly with an easily readable term “order with obligation to pay” meaning that placing the order includes your obligation to pay the price. The order shall contain a clear and correct identification of the Buyer, stating his/her name, surname, address, telephone number, e-mail address (if not identical to the e-mail address provided in the order).
The Seller reserves the right to cancel the order or a part thereof if the goods are not produced or supplied any more. Should such situation occur, the Seller will immediately contact the Buyer in order to agree on the next steps. If the Buyer has already paid the price or a part of the purchase price and does not reach agreement with the Seller on replacement goods, such amount will be refunded to his/her account immediately, within 14 days of the cancellation of the order.
3. Contract Term
The Contract is valid until the settlement of all claims of the parties resulting therefrom.
4. Delivery of Goods
If the Buyer opts for delivery of the goods by courier, the goods will be delivered without delay, within 30 days of the conclusion of the Contract. If the delivery of the goods is delayed, the Seller will immediately inform the Buyer by e-mail or by telephone of an additional reasonable time period provided by the Buyer, within which the Seller delivers the goods to the Buyer. If the Seller fails to fulfil his commitment to deliver the goods immediately, within 30 days and fails to deliver the goods within the additional reasonable time period provided to him by the Buyer, the Buyer is entitled to withdraw from the Contract.
If the Buyer opts for a personal collection when ordering, the Buyer shall collect the goods personally at the operation. The operation of the Seller shall notify the time when the goods are ready to be collected. The Buyer may collect the ordered goods during the business hours in our shop:
Muebles s. r. o.
044 57 Haniska
Monday – Friday: 8:00 am – 7:00 pm
Saturday: 8:00 am – 13:00
The prices of goods are set according to the current price list for the particular goods selected by the Customer, when the order is placed on the website of the Seller.
All prices include VAT. If the goods are marked as “Sale” – such an offer is valid only when the stocks of the Seller are available or until the termination of the provision of the sale for the specific goods or services.
6. Withdrawal from the Contract when Selling Goods:
An order placed through the internet shop has the nature of a consumer contract concluded upon the use of the distance communication means. Under Sec.7 of Act No. 102/2014 Coll., the Buyer is entitled to withdraw from the Contract without providing a reason within 14 days of the takeover of the goods. Withdrawal from the Contract may be applied at the Seller in writing as a written document or electronically (e-mail), and may be done under provisions of the Advice on the Application of the Right to Withdraw from the Contract by the Buyer, while the Buyer has an option to use the Sample Form for Withdrawal from the Contract. Withdrawal from the Contract shall contain all data used to identify goods, the Seller and the Buyer, and shall be submitted, within the period stated above, for postal transport together with the goods to the registered office of the Seller at the risk and expense of the Buyer. The Goods shall be delivered to the Seller along with the purchase document.
The period for withdrawal from the Contract is considered maintained if the notice of withdrawal was sent no later than on the day of the 14-day period.
Upon withdrawal from the Contract the subject of which is the delivery of goods, the Seller is not obliged to return to the Buyer the payment related to the delivery of the goods to the Seller before the goods are actually returned to the Seller or until the Buyer proves that the goods have been sent back to the Seller.
After receipt, the Buyer has the right to unpack the goods and try them in a way typical for “physical” outlets. However, trying does not mean using the goods.
The Buyer is responsible for a decrease in the value of the goods due to the handling of the goods that is beyond the handling needed to check the properties and functionality of the goods.
When meeting all the above conditions for returning the goods, your money will be returned to you personally or sent by post office transfer order or bank transfer to your account within 14 of the delivery of the notice of withdrawal from the Contract in accordance with the applicable provisions of generally binding legal regulations.
At the same time, the Buyer shall state in the withdrawal from the Contract his/her contact details and account number to which the price for the ordered goods is to be transferred by the Seller, unless otherwise agreed. The Seller undertakes to pay the amount paid without undue delay, as soon as possible after the ordered goods are returned, but within 14 days.
The Seller will return to the Consumer the already paid price within the statutory 14-day period , using the same payment method used by the Consumer to obtain the goods or services, or using another payment method as agreed with the Consumer.
If the Consumer withdraws from the Contract, he/she will bear the costs for returning the goods to the Seller under Sec.10(3) of Act No. 102/2014 Coll., and if he/she withdraws from a distance contract, he/she will also bear the costs for returning the goods that due to its nature can not be returned by post.
The consumer may not withdraw from a Contract whose subject is:
- Provision of services, if such provision began with the consent of the consumer and the consumer declared that he had been properly advised that by granting such consent, he/she loses his/her right to withdraw from the Contract after the full provision of the service, and if the service was provided in full.
- the sale of goods that may be mixed, after delivery, with other goods, due to their nature,
- the performance of urgent repairs or maintenance expressly requested by the Consumer from the Seller; however, this does not apply to contracts for services and to contracts the subject of which is the sale of goods other than replacement parts needed to perform repairs or maintenance, if they were concluded during a visit of the Seller at the Consumer, and the Consumer did not order such services or goods in advance,
ADVICE ON THE APPLICATION OF THE RIGHT OF THE CONSUMER TO WITHDRAW FROM THE CONTRACT
1. The Right to Withdraw from the Contract
You have the right to withdraw from the Contract without stating a reason within 14 days.
The period for withdrawing from the Contract ends after 14 days from the day on which you or a third person determined by you (except for the carrier) take over the goods.
Upon the application of the right to withdraw from the Contract, please inform us of your decision to withdraw from this Contract by a clear declaration (e.g. by a letter sent by post, fax or e-mail) to this address:
Muebles s.r.o., registered office at Haniska 385, 044 57 Haniska
, e-mail: [email protected] ;tel. number: +421,915,787,795.
You may use the Sample Form for Withdrawal from the Contract to withdraw from the Contract:
The period to withdraw from the Contract is preserved if you send the notification of the application of the right to withdraw from the Contract before the period for withdrawal from the Contract ends.
2. Implications of Withdrawal from the Contract
After withdrawal from the Contract we will return to you all your payments paid with regards to conclusion of the Contract. This, however, does not apply to additional costs if you opted for a type of delivery other than the cheapest common delivery we offer. The payments will be returned to you without undue delay, within 14 days of the day we receive your notification of withdrawal from this Contract. The payment method will be the same as the one you used for your payment unless otherwise expressly agreed upon, without charging any additional fees.
7. Payment Terms
The Buyer shall pay the Seller the purchase price in a timely and proper manner. The goods and services will be paid for in cash or otherwise upon agreement with the Customer. The Seller will issue a tax document – invoice upon each delivery of the goods or provision of services, which is sent to the Buyer by e-mail, post with the dispatched goods or delivered personally. In the case of personal collection of the ordered goods at the operation, the Buyer will be issued a cash receipt.
The Buyer may pay the purchase price to the operator as follows:
- Cash on delivery
- Cash payment upon the takeover of the goods
- Wire transfer
- With cash if collecting personally at the premises of the Seller
The goods are delivered by the DHL transport company.
The goods that are in stock at the operation and are ordered by 1:00 pm on a business day are dispatched by the following business day and usually delivered within two business days of the receipt of the order.
The goods that are in stock at our suppliers and are ordered by 1:00 pm on a business day are dispatched according to the availability indicated next to the product.
In case of a wire transfer payment, the goods are dispatched by the following business day after the amount has been credited to the Seller´s account and generally delivered within two business days of the receipt of the payment.
If the goods are not in stock, it is marked as “Please contact us for verification of availability”, in such a case it is possible to contact the Seller by e-mail or by telephone and get information on the availability of the given goods. The Seller will notify the Buyer of the delivery date and after consent by the Buyer, the purchase contract is established.
8. Liability for Defects in Goods, Warranty, Claims
The warranty for the goods sold by the Seller via the internet shop is governed by the generally binding legal regulations. All sold goods, unless otherwise specified by the manufacturer, are subject to a warranty period of 24 months. Claims are conditional upon evidence of the purchase of the claimed goods from our internet shop, demonstrated by a tax document – invoice or cash receipt.
Defects that could not have been detected upon the takeover of the goods and that are subject to quality warranty should be claimed in writing by the Buyer with the Seller.
The Buyer has the right to demand the removal of defects if practicable or require an adequate discount from the purchase price. If it is not practicable to remove the defects, the Buyer is entitled to replacement of the defective goods for new ones or to a refund.
Liability for Defects, Warranty, Claims
The Seller grants a warranty period of 24 months. The warranty commences upon the takeover of the goods by the Buyer. The Buyer acknowledges that he/she shall check the completeness of the delivered goods and the integrity of the consumer packaging. If the goods, upon takeover by the Buyer, do not correspond to the purchase contract, the Buyer shall notify the Seller without undue delay.
- It is a defect that can be removed, the Buyer has the right to have it removed free of charge, in a timely manner and without undue delay, or has the right to have the item replaced. The Buyer acknowledges that the Seller may, instead of removing the defect, replace the defective goods for faultless ones, unless it causes serious difficulties to the Buyer.
- If it is a defect that cannot be removed is preventing the proper use of the goods, the Buyer has the right to have the item replaced or to withdraw from the Contract,
- If it is a defect that cannot be removed but is not preventing the proper use of the goods, the Buyer has the right to an appropriate discount from the purchase price,
- If it is a defect that can be removed but the Buyer cannot use the item properly due to a re-occurring defect after a repair or due to multiple defects, the Buyer has the right to have the item replaced or to withdraw from the Contract.
The Buyer acknowledges that the Seller is not liable for defects in the goods caused by the action or omission on the part of the Buyer, the use of the goods contrary to good practice or the operational manual, if attached. The warranty does not cover common or natural wear and tear of the goods that depends on the intensity of its use, or mechanical wear or tear of the goods if caused by brute force. The Customer is obliged to make his/her claim for the first detected defect immediately after it is detected or after it appears.
At the request of the Buyer, the Seller is obliged to provide warranty in writing, that is by issuing a warranty certificate. If the Seller grants longer warranty for the goods than the statutory one, its conditions and scope are determined in the warranty certificate. The warranty certificate shall contain the name, surname of the Seller, or the business name of the Seller, company ID number, registered office of the Seller if legal person, or address if natural person. If sufficient, a purchase document may be issued instead of a warranty certificate. The place where claims are made is the operation at Arthome, Haniska 385, Haniska 044 57, where the Service and Claim Center of Muebles s.r.o. is located. If sufficient, the Seller may, upon agreement with the Buyer, determine another place within Slovakia for taking over the claim, performing warranty service or repair. (E.g. The list of warranty services and repair shops provided in the Warranty Certificate and Delivery Note).
When making a claim within the statutory warranty, the Buyer is obliged to prove the conclusion of a purchase contract with the Seller with a purchase document or an issued warranty certificate (a delivery note, if issued). If the Seller was issued a warranty certificate from manufacturer, then such a warranty certificate must be submitted with the claim. Under these General Terms and Conditions, the Seller undertakes to handle the claim immediately, on the spot if possible, within 30 days of making the claim, unless otherwise agreed with the Buyer. The Seller shall issue to the Buyer a warranty claim protocol stating the date and method of handling the claim, including a confirmation of any repair and its duration, or a written justification of a rejection of the claim.
These Claim Rules are issued to stipulate the conditions resulting from liability for defects in the sold goods and their application by the Buyer under Act No. 250/2007 Coll., on Consumer Protection and on amendments and supplements to the Slovak National Council Act No. 372/1990 Coll., on Offences as amended (hereinafter the “Consumer Protection Act”) and Act No. 40/1964 Coll., the Civil Code (hereinafter the “Civil Code”) as amended.
The Claim Rules do not cover the purchase of goods by entrepreneurs purchasing the goods within their business or other commercial activity. The rights and obligations of the Seller and the Buyer – entrepreneur, related to defects in the goods are stipulated in Act No. 513/1991 Coll., the Commercial Code, as amended.
1. Place and Method of Making a Claim
1.2. The Seller is obliged to determine the method of handling the claim immediately, for more complex cases within 3 days of the day the claim is made, in justified cases requiring in particular complex technical assessment of the condition of the goods or service, and within 30 days of the day the claim is made.
Handling the claim under the provisions of Sec.2(m) of Act No. 250/207 Coll., means ending the claim proceedings by:
• handing over the repaired goods;
• replacing the goods;
• refunding the purchase price;
• granting the appropriate discount form the goods price;
• written request to takeover the performance or its justified rejection.
1.3. The Seller shall issue a document for the claim to the Buyer under the provisions of Sec.627 of the Civil Code and Sec.18(5) of Act No. 250/2007 Coll., indicating the subject of the claim, handling method, duration of repair or other solution. The Seller is obliged to inform the Consumer properly on the conditions and the method of the claim including information on where it is possible to make such a claim and on carrying out warranty repairs.
1.4. Under Sec.619 of the Civil Code, the Seller is liable for defects in the sold item after it is taken over by the Buyer, for the items sold for lower prices there is no such liability for a defect for which the price was decreased. Under Sec.618 of the Civil Code, items with defects that do not prevent the proper use of the item for the intended purpose must be sold for lower prices than prices usual for items without defects. The Buyer must be notified of such a defect if it not obvious from the nature of the sale.
2. Basic conditions for making a claim
2.1. If a defect is found in the purchased goods within the warranty period, the Buyer has the right to make a claim for such a defect. The Seller is obliged to accept for claim proceedings each claim by the Consumer meeting the legal conditions for making a claim.
2.2. Under the provisions of Sec.599 of the Civil Code, the Buyer must make claims to the Seller without undue delay, that is claiming the first detected defect right after it shows to assess the mechanism of the occurrence of the defect, or its timely removal if possible. You must stop using the goods.
2.3. The Buyer is obliged to fulfil the given conditions for the use of the goods. The Seller is not liable for changes to the properties of the goods occurring in the course of the warranty period as a result of wear and tear depending on the intensity of use or improper use or use contrary to the purpose for which it was intended, improper or neglected basic maintenance, mechanical damage to the product or damage caused by brute force or tampering by the Buyer or any third person.
2.4. If it is a defect that cannot be removed, under Sec. 622 of the Civil Code the Buyer has the right to have the defect removed free of charge, in time and properly.
2.5. If the item was not used, the Buyer may instead of removal of the defect demand replacement of the item, or if the defect affects only a component, replacement of the component under Sec.622(2) of the Civil Code; if the Seller does not incur inadequate costs due to price of the goods or severity of the defect.
2.6. If it is a defect that cannot be removed (it is a defect that was not removed within 30 days) and prevents the proper use of the item in the way it would be used without a defect, under Sec.623 of the Civil Code the Buyer has the right to have the item replaced or has the right to withdraw from the Contract. The Buyer has the same rights for re-occurring defects after repair if it has been repaired at least twice or for multiple defects preventing the proper use of the item. If the defects cannot be removed, but they do not prevent the proper use of the item, the Buyer is entitled to adequate discount of the price. The amount of the discount is subject to agreement between the Buyer and the Seller.
2.7. If the item is sold for a lower price than the normal price and has a defect for which the Seller is liable, the Buyer has under Sec.624 of the Civil Code the right to an adequate discount instead of the right to replacement.
2.8. When making a claim for hygienic reasons, the goods must be clean in accordance with general hygiene rules. If those conditions are not met, the claim may be rejected by the Seller on these grounds.
3. Periods for making a claim
3.1. Under the provisions of Sec.620 et seq. of the Civil Code, the warranty period is 24 months and starts upon the takeover of the item by the Buyer. The manufacturer may determine in the warranty certificate a warranty period longer than 24 months, in which case the longer warranty period shall apply.
If it is a used item, the Buyer and the Seller may agree on a shorter warranty period, but no shorter than 12 months.
3.2. If the Buyer applies the right resulting from liability for defects in the sold goods sold duly and timely (if it meets the basic conditions for making a claim), and if the consumer made the claim within the first 12 months of the purchase, the Seller may handle the claim by rejection only on the basis of an expert opinion – regardless of the result of the expert opinion, the Consumer must not be asked to pay the costs of the expert assessment or other costs related to the expert opinion. The Seller shall provide the Consumer with a copy of such an expert opinion justifying the rejection of the claim within 14 days of handling the claim.
The expert opinion must include the identification of a person carrying out the expert opinion, the exact identification of the assessed product, the description of the condition of the goods, the result of the assessment, the date of the expert opinion was carried out.
3.3. If the Consumer made a claim for the goods after 12 months from the purchase and the Seller rejected it, the person who handled the claim shall state in the document for the handling of the claim to whom the consumer may send the product for expert opinion. If the product is sent for expert opinion to the determined person, and the costs of the expert opinion as well all other related purposefully spent costs are borne by the Seller regardless of the result of the expert opinion. If, with the expert opinion, the Consumer proves that the Seller is liable for the defect, he/she may make a claim again. The warranty period does not run during the time when an expert opinion is being carried out. The Seller shall pay the Consumer all costs paid for the expert opinion and all related purposefully spent costs within 14 days. Such repeated claim must not be rejected.
3.4. The period from application of the right resulting from liability for the defects until the time when the Buyer has to take over the goods after they are repaired is not included into the warranty period. If special rules are to be preserved during the use of the item, that is, if the use is follows a manual or is stipulated by technical standards, the Seller is obliged to inform the Buyer about them. Generally known rules are an exception. The Buyer shall follow the instruction manual and instructions for treatment and comply with them when using the goods.
3.5. Under the provisions of Sec.599 of the Civil Code a claim for defects must be made by the Buyer to the Seller without undue delay. The rights resulting from liability for defects and the right to a compensation for necessary costs may be claimed by the Buyer in court only if the defects were reported within 24 months of the takeover of the item.
3.6. If the claim is resolved by repairing the goods, the warranty period is prolonged by the time from the application of the right to removal of a defect to the time when the Buyer is obliged to take over the goods. The moment the Buyer applies any of the rights resulting from liability for defects, such as the right to a repair or discount, he/she made a choice and applied one of the multiple rights, he/she is bound by such a manifestation of the will and may not change the choice of the applied right unless otherwise agreed with the Seller.
3.7. If the claim is resolved by replacement of the defective goods for new ones, the warranty period commences upon the takeover new goods.
4.1. If the Buyer causes damage or destruction of the goods before the transfer of property rights, he/she shall be liable for damages under general regulations on liability for damages under the provisions of the Civil Code.
4.2. The possibility of an expert opinion in case of rejecting the claim after 12 month from the purchase.
The given internet address provides the list of possible expert opinions in case of rejecting the claim after 12 months from a purchase:
4.3. Relations not governed by the Claim Rules are governed by the generally binding legal standards of the Slovak Republic.
The entitlement to claim warranty ceases to exist in the following cases:
• by a loss of the delivery note or the purchase document
• if on the day of the takeover of the goods for repair the warranty period expired
• by breaching the protective seals and labels or by their re-sticking
• if the production number was removed or is illegible
• the goods are excessively dirty
• the goods were damaged by natural disasters
• by impact of unsuitable working conditions (dustiness, humidity, chemical impacts, mechanical overload, improper storage etc.)
• use contrary to the technical documentation, e.g. by inadequate overload of the device
• unprofessional handling, installation and neglected maintenance
• by damage to the goods caused by the Buyer during transport
• by mechanical damage to the device
9. Alternative Resolution of Consumer Disputes
If the Buyer was not satisfied with the handling of his/her claim by the Seller, or the Buyer approached the Seller with a request for a remedy and was not satisfied with the way the Seller handled his/her claim, or believes that the Seller breached his rights, the Buyer has the right to approach the Seller with a request for remedy. If the Seller rejects such a request or does not respond within 30 days of its sending, the Buyer has the right to propose the initiation of an alternative dispute resolution to the entity for alternative dispute resolution.
Act No. 391/2015 Coll., on Alternative Resolution of Consumer Disputes Alternative Solution and on amendments and supplements to certain acts came into effect on February 1, 2016. The aim of this act is to create a new possibility for consumers to resolve their disputes with sellers quickly, efficiently, less formally and what is the most important, free of charge or with minimal costs. The aim is to achieve an amicable settlement or an agreement between the consumer and the seller on resolving the dispute that, after the consent of both parties, becomes a binding legal basis.
The legal authority for alternative dispute resolution is the Regulatory Office for Network Industries, the Regulatory Authority for Electronic Communications and Postal Services and the Slovak Trade Inspection. The Slovak Trade Inspection also has the status of the so-called residual entity, meaning that it is authorised to resolve the disputes for which the competence of the other bodies is not determined, except for disputes resulting from contracts for the provision of financial services.
Entity name: Slovak Trade Inspection
Entity address: Prievozská 32, 827 99 Bratislava 27
Company ID no.: 17 33 19 27
Date of registration into the list: 01. 02. 2016
Delivery address: The Central Inspectorate of the Slovak Trade Inspection, the Department for Alternative Resolutions of Consumer Disputes Prievozská 32, p. p. 29, 827 99 Bratislava 27
electronic submissions: [email protected] ; [email protected]
Telephone number : +421 2 582 72 123, +421 2 582 72 141
Fax : +421 2 534 14 996
Languages in which it is possible to initiate an alternative dispute resolution: Slovak, English.
The reasons based on which the alternative dispute resolution entity may refuse to resolve a dispute under Sec.13(4) of the Act if the Consumer submits a proposal after one year from the delivery of the Seller’s rejection at the request of the Consumer for a remedy, or after the expiration of a 30-day period from the date when the Consumer sent to the Seller a request for a remedy to which the Seller never replied:
- If the Consumer, before submitting the proposal, had not tried to demonstrably resolve the dispute by communication with the Seller when the calculated value of the dispute does not exceed EUR 20,
- If the item to which the proposal relates has already been dealt with by the entity and the Consumer was informed of the handling of his/her submission, where the proposal does not contain any new facts and the alternative dispute resolution would be, due to the circumstances, obviously ineffective,
- If, given all circumstances, it is clear that the alternative dispute resolution could only be handled with excessive effort.
A fee for the initiation of an alternative dispute resolution – an alternative dispute resolution is free of charge.
The legal regulations to be followed when resolving disputes:
- Act No. 391/2015 Coll., on Alternative Resolution of Consumer Disputes and on amendments and supplements to certain acts, Act No. 250/2007 Coll., on Consumer Protection and on amendments and supplements to the Slovak National Council Act No. 372/1990 Coll., on Offences as amended,
- Act No. 102/2014 Coll., on Consumer Protection in the Sale of Goods or Services under a Distance Contract or a Contract Concluded outside the Premises of the Seller and amending and supplementing certain acts;
- Act No. 136/2010 Coll., on Services in the Internal Market and on amendments and supplements to certain acts, as amended Act No. 78/2012 Coll., on the Safety of Toys and amending and supplementing Act No. 128/2002 Coll., on State Control of the Internal Market in Consumer Protection Issues and on amendments and supplements to certain acts, as amended,
- The relevant provisions of the Civil Code related to consumer contracts,
- The binding nature and legal effects of the result of the alternative dispute resolution and the concluded agreement on the resolution of the dispute shall be binding for the parties.
RULES FOR ALTERNATIVE DISPUTE RESOLUTION:
It is necessary to note that the Consumer is obliged to use all legal possibilities prior to approaching the relevant alternative dispute resolution authority, e.g. after application of his/her right in claim proceedings.
The Consumer will have the right to approach the alternative dispute resolution entity in the case of a dispute with the Seller after having exhausted all possibilities to resolve a dispute the value of which exceeds EUR 20. The legal provisions apply not only to “domestic” disputes but also to “cross-border” disputes, that is disputes between foreign consumers and sellers within Slovakia.
The alternative dispute resolution entity will end the dispute within 90 days of its commencement, and the prolongation of the period by 30 days (even repeatedly) will be notified to the complainant.
If the Consumer is not satisfied with the way the Seller handled his/her claim or otherwise breached his rights, in such a case he/she has the option to submit a proposal to the given entity. The possibility to resolve the dispute in court is not thereby excluded. To ensure that the dispute resolution proceeds smoothly, the law requires obligatory provision of cooperation by the Seller.
A person who is assigned the case shall proceed impartially and independently. If the authorised person is aware of any facts affecting his/her impartiality or could lead to a conflict of interests, he/she shall inform the parties to the dispute about this. The authorised person shall propose to the parties possible solutions and will try to lead the dispute towards achieving agreement on a solution. The proposed agreement will be submitted to both parties, and within the determined period, they may decide whether they agree with the proposal or not. Such concluded agreement on the resolution of the dispute shall be binding.
If no agreement is reached and if there is a justified suspicion that the rights of the Consumer have been breached or threatened, the Entity will issue a justified statement to the Consumer. Although it does not have a binding nature, it may significantly help the Consumer claiming his/her rights in court. The Consumer has the right to end his/her participation in the alternative dispute resolution at any time.
Link to the alternative dispute resolution platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, through which the Consumer may submit a proposal to initiate a an alternative dispute resolution.
The list of alternative dispute resolution entities can be found at the website of the Ministry of Economy of the Slovak republic – http://www.mhsr.sk/.
10. Final Provisions
The Buyer hereby declares that prior to filling in the order he/she has acquainted himself/herself with the sales terms, General Terms and Conditions and Claim Rules and agrees to them.