Exchange and complaints

1. BASIC PROVISIONS

1.1. This Complaints Procedure (hereinafter referred to as "CP") has been prepared by:

Milash, s.r.o.
Na varte 2B
831 01, Bratislava

Slovakia

ID: 50194895
VAT number: 2120218298
VAT ID: SK2120218298
(hereinafter referred to as “seller” or “operator”)

is in accordance with the legislation in force in the Slovak Republic, in particular Act No. 250/2007 Coll. On Consumer Protection, Act of the Slovak National Council No. 372/1990 Coll. On Offenses, as amended, and Act No. 40/1964 Coll. – Civil Code.

1.2. These Terms and Conditions govern the relationships and procedures arising from the complaint procedure between the seller referred to in point 1.1. of these Terms and Conditions and the buyer (hereinafter referred to as the “buyer” or “consumer”).

1.3. This RP is binding on both the seller and the buyer (consumer).

1.4. The warranty period stipulated by law is 24 months from the date of receipt of the goods by the consumer.

1.5. By sending an order to the seller, the consumer expresses his full agreement with the seller's current Terms and Conditions.

1.6. The seller is obliged to properly inform the consumer about the conditions and method of complaint, including information on where the complaint can be filed and about the performance of warranty repairs. The complaint procedure must be in a visible place accessible to the consumer, in the case of an online store it will be placed on the seller's website www.bymilash.com.

2. RIGHTS AND OBLIGATIONS OF THE SELLER AND BUYER (CONSUMER)

2.1. The consumer may file a complaint in person at the seller's registered office (operation) at the address specified in point 1.1. of these Terms and Conditions by bringing and handing over the claimed goods for assessment within the scope of the complaint procedure, or by sending a complaint to the seller's email address info@bymilash.com with the simultaneous sending of the claimed goods to the seller's address. In both cases, the consumer is obliged to submit the original proof of payment for the claimed goods purchased from the seller (cash slip from the seller's electronic cash register confirming the purchase of the goods from the seller or a receipt sent by the seller to the consumer after payment and crediting the payment to the seller's account). The seller shall ensure that an employee is present at the operation during operating hours and is authorized to handle complaints. If the consumer files a complaint, the seller or an employee authorized by him or a designated person is obliged to inform the consumer about his rights under the general regulation (Act No. 40/1964 Coll. Civil Code), in particular about the facts stated in points 2.3. and 2.4. of this RP.

2.2. The consumer will not send the claimed goods to the seller on delivery.

2.3. If the defect is remediable, the buyer has the right to have it remedied free of charge, in a timely manner and properly. The seller is obliged to remedy the defect without undue delay. Instead of remedying the defect, the buyer may request the replacement of the item, or if the defect concerns only a part of the item, the replacement of the part, if this does not result in unreasonable costs for the seller in relation to the price of the goods or the severity of the defect. The seller may always replace the defective item with a non-defective item instead of remedying the defect, if this does not cause the buyer serious difficulties.

2.4. If the defect is irremovable and prevents the item from being used properly as a defect-free item, the buyer has the right to exchange the item or withdraw from the contract. The same rights apply to the buyer if the defect is removable, but the buyer cannot use the item properly due to the recurrence of the defect after repair or due to a large number of defects. If the defect is other irremovable defects, the buyer has the right to an appropriate discount on the price of the item.

2.5. Wear and tear of goods due to wearing, washing or otherwise changed properties of goods caused by incorrect, inappropriate or otherwise non-standard use cannot be considered defects and grounds for a complaint and the associated request for repair, replacement or refund to the consumer.

2.6. Based on the consumer's decision as to which of the rights specified in points 2.3. and 2.4. of these Terms and Conditions the consumer exercises, the seller is obliged to determine the method of handling the complaint. After determining the method of handling the complaint, the complaint shall be handled immediately, in justified cases the complaint may be handled later; however, the handling of the complaint may not take longer than 30 days from the date of filing the complaint. After the expiry of the period for handling the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new product.

2.7. The seller is obliged to provide, upon request by the supervisory authority, a copy of the confirmation of receipt of the complaint, the reasons for which it is not possible to decide on the method of handling the complaint immediately and for which the complaint cannot be handled immediately after determining the method of handling the complaint, the submission or results of the expert assessment and a copy of the document on handling the complaint.

2.8. If the consumer has made a product complaint within the first 12 months of purchase, the seller may dismiss the complaint only on the basis of a professional assessment; regardless of the result of the professional assessment, the consumer may not be required to pay the costs of the professional assessment or other costs related to the professional assessment. The seller is obliged to provide the consumer with a copy of the professional assessment justifying the rejection of the complaint no later than 14 days from the date of settlement of the complaint. This does not affect the seller's obligation under point 2.11. of these Terms and Conditions.

2.9. If the consumer has made a product complaint after 12 months from the date of purchase and the seller has rejected it, the person who has handled the complaint is obliged to indicate in the complaint handling document to whom the consumer can send the product for expert assessment. If the product is sent to a designated person for expert assessment, the costs of the expert assessment, as well as all other related costs incurred in a reasonable manner, shall be borne by the seller, regardless of the result of the expert assessment. If the consumer proves the seller's liability for the defect through an expert assessment, he may file a complaint again; the warranty period does not expire during the expert assessment. The seller is obliged to reimburse the consumer within 14 days of the date of the re-filing of the complaint all costs incurred for the expert assessment, as well as all related costs incurred in a reasonable manner. A re-filed complaint cannot be rejected.

2.10. The seller is obliged to issue a confirmation to the consumer when making a complaint. If the complaint is made via email communication, the seller is obliged to deliver the confirmation of the complaint to the consumer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the document confirming the complaint; the confirmation of the complaint does not have to be delivered if the consumer has the opportunity to prove the complaint in another way.

2.11. The Seller is obliged to issue a written document confirming the settlement of the complaint no later than 30 days from the date of filing the complaint.

2.12. The Seller is obliged to keep records of complaints and submit them to the supervisory authority for inspection upon request. The records of complaints must contain information on the date of the complaint, the date and method of handling the complaint and the serial number of the document on the complaint.

2.13. The provisions set out in points 2.6. to 2.12. of this RP shall apply to the settlement of complaints, unless a special regulation provides otherwise.

2.14. The processing of a complaint does not affect the consumer's right to compensation for damage under a special regulation (Act No. 294/1999 Coll. on liability for damage caused by a defective product, as amended by Act No. 451/2004 Coll.).

3. FINAL PROVISIONS

3.1. The Seller may change the Terms and Conditions at any time and the new Terms and Conditions shall be effective on the date of its publication on www.bymilash.com.

3.2. This RP enters into force on 1 October 2016.