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COMPLAINTS POLICY
1. General Provisions
1.1. This Complaints Policy governs the rights and obligations of TEMPERANCE SLOVENSKO s.r.o., registered office: Krasovského 13, 851 01 Bratislava, Slovakia, Company ID (IČO): 31392504 (hereinafter referred to as the “Seller”), and the Buyer when exercising rights arising from defects in goods purchased through the online store www.temperance.sk.
1.2. This Complaints Policy has been prepared in accordance with the applicable laws of the Slovak Republic, in particular Act No. 108/2024 Coll. on Consumer Protection, the Civil Code, and related legal regulations.
1.3. The Buyer is any natural or legal person who has concluded a purchase contract with the Seller.
1.4. A Consumer is a natural person who, when concluding and performing a consumer contract, is not acting within the scope of their business activity, profession, or occupation.
2. Liability for Defects
2.1. The Seller is liable for defects that the goods have at the time of delivery and that become apparent within two (2) years from the date the Consumer takes delivery of the goods.
2.2. The Buyer is required to inspect the goods without undue delay after delivery.
2.3. The Seller shall not be liable for defects caused by:
· normal wear and tear;
· improper use of the product;
· failure to follow the instructions for use;
· mechanical damage caused by the Buyer;
· improper storage of the product;
· intervention by a third party.
2.4. For cosmetic products, a complaint cannot be considered justified if it is based solely on an individual allergic or hypersensitive reaction to any ingredient of the product, provided that the product complies with all legal requirements and is free from defects.
3. Filing a Complaint
3.1. The Buyer may submit a complaint:
· by e-mail to: temperance@temperance.sk;
· in writing to the Seller’s registered office address;
· in person at a location designated by the Seller.
3.2. When filing a complaint, the Buyer is recommended to provide:
· full name;
· order number or invoice number;
· description of the defect;
· preferred method of resolution;
· contact details.
3.3. The Buyer shall enable the Seller to assess the claimed defect and, upon request, deliver the complained-about goods to the Seller.
4. Confirmation of Complaint
4.1. The Seller shall provide the Buyer with written confirmation of the complaint without undue delay after the defect has been reported.
4.2. The confirmation shall contain:
· the date of the complaint;
· identification of the goods concerned;
· description of the defect;
· the Buyer’s requested method of resolution.
5. Resolution of Complaints
5.1. The Buyer has the right to request that the defect be remedied by repair or replacement of the goods.
5.2. The Seller may refuse to repair or replace the goods if such remedy is impossible or would involve disproportionate costs.
5.3. Repair or replacement shall be carried out free of charge, within a reasonable period of time, and without causing significant inconvenience to the Buyer.
5.4. The Buyer is entitled to request a reasonable price reduction or withdraw from the contract if:
· the Seller has failed to remedy the defect;
· the Seller has refused to remedy the defect;
· the defect reoccurs;
· the defect is of such a serious nature that it justifies an immediate price reduction or withdrawal from the contract.
5.5. If the Buyer validly withdraws from the contract, the Seller shall refund all payments received no later than 14 days from the date the withdrawal is accepted.
6. Costs of the Complaint Procedure
6.1. The Buyer is entitled to reimbursement of reasonable costs incurred in connection with a justified complaint.
6.2. If the complaint is accepted as justified, the Seller shall reimburse the cost of returning the goods upon presentation of proof of payment.
7. Alternative Dispute Resolution
7.1. If the Consumer is dissatisfied with the manner in which the complaint has been handled, they may contact the Seller with a request for remedy.
7.2. If the Seller rejects the request or fails to respond within 30 days, the Consumer has the right to submit a proposal for alternative dispute resolution in accordance with Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes.
7.3. The competent alternative dispute resolution body is, in particular: Slovak Trade Inspection (SOI) www.soi.sk
8. Final Provisions
8.1. This Complaints Policy becomes effective on the date of its publication on the Seller’s website.
8.2. The Seller reserves the right to amend or supplement this Complaints Policy in accordance with applicable legislation.
8.3. Legal relationships not expressly regulated by this Complaints Policy shall be governed by the applicable laws of the Slovak Republic.
8.4. Consumer protection rights under applicable consumer protection legislation do not apply to persons purchasing goods in connection with their business activities. Such relationships shall be governed by the relevant provisions of the Commercial Code.