I. General provisions

The Complaints Procedure is an integral part of the General Terms and Conditions (hereinafter referred to as "GTC") of the seller Migoli sro, and describes the procedure for making complaints about purchased goods.   from the seller.

The buyer, who may be an entrepreneur or a consumer, is obliged to familiarize himself with the Complaints Procedure and the General Terms and Conditions before ordering the goods. At the same time, the buyer acknowledges that he is obliged to provide the seller with the necessary   cooperation necessary for handling the complaint, otherwise the deadlines will be extended accordingly   extended by the time during which the buyer did not provide the required cooperation.

By concluding a purchase contract and taking over the goods from the seller, the buyer agrees to these Complaints Procedure. The definitions of terms contained in these Complaints Procedure take precedence over the definitions in the GTC. If this Complaints Procedure does not define a term, it is understood in the meaning in which it is defined in the GTC. If it is not defined there either, it is understood in the meaning in which it is used by valid and effective legal regulations.

Acceptance of goods by entrepreneurs is the moment of their handover by the seller to the buyer or the first carrier. In the event that   the buyer is a consumer, is the moment of receipt of the goods by the consumer from the seller or receipt from the carrier.

II. Warranty duration

As a proof of warranty, the seller issues a purchase document (invoice) for each purchased item with all the legally required information for warranty claims (in particular, the name of the item, warranty length, price, quantity, serial number).

The warranty period generally begins on the day the buyer takes delivery of the goods.

The warranty period is:

·        for new goods, 24 months, unless a special legal regulation provides for a longer period;

·        for goods used for 12 months (used goods are goods marked as such that are used or repaired without defects, and the completeness of the packaging does not prevent the full use of the product).

·        For consumer goods (e.g. cosmetics, drugstore products, etc.), the Buyer is entitled to exercise the right to a defect within twenty-four (24) months, unless the goods   the stated expiration date, in which case the period is shortened only to the date marked on the packaging of the goods.

For the buyer entrepreneur, the period for exercising the right to claim defective performance may be regulated differently if this is expressly stated for the given type of goods, the period stated in this way takes precedence. In such a case, the goods are marked as follows.

The warranty period is further extended by the period for which the goods were subject to a claim. Rights arising from liability for defects in goods for which the warranty period applies shall lapse if they have not been exercised within the warranty period.

If the buyer is a consumer, within the statutory warranty period, complaints are governed by Act No. 40/1964 Coll., Civil Code and Act No. 250/2007 Coll., on Consumer Protection, both laws in their valid and effective wording, taking into account the specifications in this Complaints Procedure.

III. Warranty conditions

1. Checking the goods upon receipt

The buyer who is not a consumer is obliged, and the buyer who is a consumer is recommended, to check the condition of the shipment (number of packages, integrity of the tape, damage to the box) with the carrier immediately upon delivery according to the attached consignment note. The buyer is entitled to refuse to accept a shipment that does not comply with the purchase contract, for example, if the shipment is incomplete or damaged. If the buyer accepts a damaged shipment from the carrier, it is necessary to describe the damage in the carrier's handover report.

Incomplete or damaged shipments must be reported immediately by e-mail to the address: info@migoli.sk, a damage report must be drawn up with the carrier and sent to the seller by e-mail or post without undue delay. An additional complaint about incompleteness or external damage to the shipment does not deprive the buyer of the right to complain, but it gives the seller the opportunity to prove that there is no conflict with the purchase contract.

2. Filing a complaint

The place for filing a complaint is Hlavná 8/18, 08641 Raslavice.

The buyer can send the defective goods for a complaint by a shipping service to the seller's address. The claimed goods should be carefully secured to prevent damage during transport, the package should be visibly marked "COMPLAINT" and contain: the claimed goods (including complete accessories), we recommend attaching a copy of the purchase receipt, a detailed description of the defect and sufficient contact details of the buyer (mainly the return address and phone number). Without the above, it is impossible to identify the origin and defect of the goods. This procedure is also recommended for the consumer buyer, unless he proves and documents the above facts otherwise. We also recommend choosing the desired method of handling the complaint (repair, exchange, credit note).

The Seller will issue the Buyer with a written confirmation of when the complaint was filed, its content, and the method of handling the complaint requested, by email immediately after receiving the complaint. In the case of a personal claim, the written confirmation is sent immediately.

The buyer who is not a consumer shall prove the validity of the warranty by presenting the purchase receipt; if the goods have been claimed in the past, he shall also provide proof of the claim. The delivery receipt (purchase or claim receipt) must have the same serial number as the product claimed (if the product has a serial number). This procedure is also recommended for the buyer who is a consumer, unless he proves and documents the above facts otherwise.

The buyer is aware that if he does not deliver the claimed goods, including all delivered accessories, then in the event of the buyer's withdrawal from the contract, the purchase price will be refunded to the buyer, reduced by the price of the undelivered accessories.

IV. Method of handling complaints

1. If the buyer is a consumer

The consumer's rights when applying the statutory guarantee if the defect is removable, the right to free, proper and timely removal of the defect, the right to exchange the defective goods or defective parts, if this is not disproportionate to the nature of the defect. If it is not   If such a procedure is not possible, the buyer has the right to a reasonable discount on the purchase price or to withdraw from the purchase contract.

If it is an irremovable defect preventing the proper use of the goods, the right to exchange the defective goods or withdraw from the purchase contract belongs to the consumer, the same rights belong to the consumer, if it is a removable defect, but if the buyer cannot use the thing properly due to the recurrence of the defect after repair or due to a larger number of defects. A reoccurrence of a defect is considered in particular if the same defect preventing the proper use, which has already been eliminated at least twice during the warranty period, occurs again. A larger number of defects is understood if the thing has at least three defects preventing its proper use at the same time,

If there are other errors that cannot be removed and   the consumer does not request an exchange of the item, has the right to a reasonable discount on the purchase price or withdrawal from the purchase contract,

The choice of the method of handling the complaint is made by the buyer. The seller will warn the buyer of the inappropriateness of the choice and suggest a suitable method (especially in the case where the buyer requires a method relating to a removable defect, but the seller finds that it is an irremovable defect). If the consumer does not choose the method of handling the complaint   within a reasonable period provided by the seller, the seller shall choose it.

If the buyer is a consumer, the seller will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The seller will handle the complaint, including the removal of the defect, without undue delay, no later than 30 days from the date of filing the complaint. After this period, it is considered that the defect in the goods actually existed and the consumer has the same rights as if it were a defect that cannot be removed. This period is not binding on the buyer, who is an entrepreneur and therefore his relationship with the seller is governed by the Commercial Code.

If the consumer has made a complaint within the first 12 months of purchase, the seller may reject it only on the basis of a professional assessment. The seller shall provide the consumer with a copy of the professional assessment within 14 days of the date of settlement of the complaint. If the seller rejects the complaint after 12 months of purchase, he shall be obliged to indicate on the receipt of the complaint to whom the buyer may send the product for professional assessment. If the consumer proves the seller's liability for the defect through a professional assessment, he may make a new complaint. All reasonably incurred costs associated with the professional assessment shall be borne by the seller, who shall be obliged to reimburse them to the consumer within 14 days of the date of the re-submitted complaint. A re-submitted complaint cannot be rejected by the seller.  

If a complaint about goods was resolved within the statutory warranty period by replacing the goods with a new one, the warranty period will start again from the date the complaint was resolved.

The Seller shall issue the Consumer Buyer with a written confirmation of when the complaint was filed, its content, and the method of handling the complaint requested, by email immediately upon receipt of the complaint (in the case of a personal claim, it shall be sent immediately); further, a confirmation of the date and method of handling the complaint, including confirmation of the repair and   the duration of the complaint, or the justification for rejecting the complaint.

The buyer has the right to reimbursement of necessary costs (in particular, postage paid when sending the claimed goods) incurred in connection with the exercise of legitimate rights from liability for defects (we recommend requesting no later than 30 days after the complaint has been resolved - the statutory period is not affected) and were actually and reasonably incurred. In the event of withdrawal from the contract due to a defect in the item, the consumer also has the right to reimbursement of the costs of this withdrawal.

2. If the buyer is an entrepreneur

If the buyer is an entrepreneur, the seller undertakes to decide on the complaint within 40 days from the date of the complaint. The buyer-entrepreneur will be informed of this decision via the contact e-mail.

If the defect is repairable, the goods will be repaired. If repair is not possible and the nature of the defect does not prevent normal use, the seller and the buyer may agree on a reasonable discount on the price of the goods. In the event of a discount, it is not possible to claim this defect later.

If the defect cannot be removed and prevents the item from being used properly as a defect-free item, the seller is entitled to replace the defective item with an item with the same or similar functional properties or issue a credit note. If the complaint regarding the item was resolved within the statutory warranty period by replacing the item with a new one, the warranty period is extended by the duration of the complaint.

In the event that the claimed goods are not collected within one month of the expiry of the period in which the claim should have been made and, if it was made later, within one month of the notification of its implementation (i.e. generally within 60 days from the date of filing the claim), the seller is entitled to charge a storage fee of €0.5 per day including VAT when disposing of the claim.

If the buyer does not collect the item within six months of the date on which he was obliged to collect it, the seller has the right to sell the item. The seller will inform the buyer of the intended sale and provide him with a reasonable additional period for collecting the item. If the item is sold without being collected, the seller will pay the buyer the proceeds of the sale after deducting the price of the repair or modification, the storage fee and the costs of the sale. The buyer must exercise the right to the proceeds of the sale with the seller.

3. Common provisions

After a justified complaint is resolved, the warranty period is extended by the duration of the complaint. In the case of an unjustified complaint, the warranty period is not extended. The duration of the complaint is calculated from the day after the complaint is filed until the day the complaint is resolved, i.e. the time when the buyer was obliged to take over the item. The customer is informed about the resolution by e-mail, which he/she provided when purchasing.

After the complaint has been resolved, the seller will notify the buyer of the completion of the complaint either by phone, SMS or e-mail, and no later than 30 days from the date of the complaint, the seller will issue a written document confirming the resolution of the complaint. If the goods were sent by a shipping service, they will be automatically sent to the buyer's address after resolution.

The buyer is obliged to check the goods received and their compliance with the complaint issue protocol. The buyer will further check the completeness of the goods, especially whether the packaging contains everything it is supposed to contain. Later objections will not be taken into account. These arrangements do not affect the statutory period for exercising rights from defective performance.

In the event that the Buyer - Consumer was not satisfied with the Seller's handling of the complaint or when the Buyer - Consumer contacted the Seller with a request for redress and was not satisfied with the manner in which the Seller handled his complaint or if he believes that the Seller has violated his rights, the Buyer - Consumer has the right to contact the Seller with a request for redress. If the Seller responds negatively to such a request or does not respond to it within 30 days from the date of its sending, the Buyer - Consumer has the right to submit a proposal to initiate alternative dispute resolution with an alternative dispute resolution entity. The alternative dispute resolution entity is the Slovak Trade Inspection, Prievozská 32, PO Box 5, 820 07 Bratislava 27, or another relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at www.mhsr.sk). The buyer - consumer is entitled to choose the entity for alternative consumer dispute resolution to which he/she will turn. The consumer can use the online dispute resolution platform, which is available on the website http://ec.europa.eu/consumers/odr/, to submit a proposal for alternative resolution of his/her dispute.

V. Final provisions

This complaint policy is valid from 01.01.2024 and cancels the validity of previous complaint policies. This complaint policy is available at the seller's place of business or as a document on the Home page (migoli.sk) .