Complaints

Complaint form

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    I. Introductory provisions

    This Complaint Procedure is issued by the business entity within the framework of ensuring the rights of the consumer under the Civil Code, Act No. 250/2007 Coll. 372/1990 Coll. on offences, as amended, as well as under other generally binding legal regulations issued for the protection of the consumer.

    This Complaints Procedure shall apply exclusively in the context of retail transactions in which on one side of the legal relationship is a business entity in the legal position of the seller/supplier and on the other side of the legal relationship is a natural person – the consumer.

    II. Definition of a business entity

    These Complaints Regulations shall apply within the limits of the authorised activity of the business entity in accordance with its business authorisation registered in the commercial register, for the following objects of business:

    (a) Purchase of goods for the purpose of its sale to final consumers (retail) and sale to other traders (wholesale).

    The entrepreneurial entity carries out its business activities exclusively at a distance by electronic means of communication (e-shop Nextmode.eu) and does not operate a brick-and-mortar store.

    III. Quality of goods sold

    The business entity sells movable things – goods in average medium quality (§ 496 (2) CC) or in normal quality (§ 2 (k) of the Consumer Protection Act).

    The regulation in paragraph 1) of this Article of the Complaints Procedure does not preclude the conclusion of a contract (individually negotiated sales contract) under which goods are sold according to the specific requirements of the consumer, custom-made goods or goods intended specifically for a single consumer.

    IV. Liability for defects

    In the case of the sale of goods, the business entity shall be liable for:

    (a) for defects in the goods sold when they are received by the consumer

    (b) for defects which occur within the guarantee period after the consumer has taken delivery of the goods, unless the goods are perishable or second-hand or disposable.


    In particular, the business entity shall not be liable for defects in the goods sold which:

    (a) arise from the use of the goods

    (b) caused by wear and tear of the goods

    (c) arise as a result of unlawful activity by the consumer or a third party (e.g. as a result of vandalism)

    (d) arise from the use of the goods in contravention of the instructions for use or otherwise in contravention of the normal manner of use of the goods

    e) arise from circumstances otherwise excluding liability – cases vis maior (e.g. earthquake, war, terrorist attack, etc.)

    (f) in the case of second-hand goods, arising from use or wear and tear

    g) for which, in the case of goods sold at a lower price, a lower price has been agreed. The trader shall specifically draw the consumer’s attention to this circumstance.

    V. Warranty period

    The warranty period is 24 months in the case of sale of goods, unless they are movable items intended for one-time use. There is no warranty period or guarantee for items intended for one-time use or which are perishable.

    In the case of the sale of goods, the warranty period shall start from the receipt of the goods by the consumer. If the purchased goods are to be put into service by a business other than the business operator, the guarantee period shall only start from the date of putting the goods into service, provided that the consumer has ordered the putting into service within three weeks of receipt of the goods at the latest and has duly and timely provided the necessary cooperation for the performance of the service.

    The warranty period shall not expire during the duration of the complaint procedure. The commencement of the complaint procedure shall suspend the warranty period. After the end of the complaint procedure, the original warranty period shall continue unless the consumer’s complaint has been settled by the delivery of new goods or the replacement of the goods – in such cases, a new warranty period shall begin to run.

    Liability rights for defects in the goods for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period.

    VI. Types of defects and consumer claims arising from the liability of the trader for defects

    Defects in the goods sold can be divided as follows:

    (a) according to the area concerned

    – factual defects – their source is the absence of a functional feature of the goods, or the delivery of a smaller or larger quantity of goods, or an incomplete delivery of goods

    – legal defects – the source of which is an asserted (and, where applicable, proven) right of a third party in the goods which precludes their alienability

    (b) by removability

    – avoidable

    – irremovable

    – objectively irremediable – irreparable

    – subjectively irremediable – not repaired or otherwise not remedied after the expiry of the time limit for processing the complaint

    – irremediable but which do not prevent the goods from being properly used as goods without defect

    – irremediable which prevent the goods from being properly used as non-defective goods

    (c) as to obviousness

    – obvious – visible to the ordinary eye

    – hidden – which become apparent afterwards, e.g. during the guarantee period.
    In the event of a defect in the purchased goods, the consumer has the following claims:

    (a) in the case of obvious defects, no claim can be made under the liability of the business entity for defects, unless the seller – the business entity has expressly assured that the item is free from any defects (Art. 500 (1) CC)

    (b) in the case of avoidable defects

    – the right to free, timely and proper rectification of defects (repair, delivery of the missing quantity or delivery of the missing part)

    – replacement of the item (replacement of the defective part of the item, as the case may be)

    (c) for objectively irremediable defects which prevent the goods from being properly used as non-defective goods and for subjectively irremediable defects (whether or not they prevent the goods from being properly used as non-defective goods):

    – the right to exchange the goods for new goods

    – the right to withdraw from the contract of sale

    The same rights apply to the consumer if the defects are remediable, but the consumer is unable to use the goods properly because of the recurrence of the defect after repair or because of a number of defects

    (d) in the case of objectively irremediable defects but which do not prevent the goods from being properly used as non-defective goods, the right to a reasonable discount on the purchase price.

    If the goods sold at a lower price or the second-hand item has a defect for which the business operator is liable, the consumer shall have the right to a reasonable discount instead of the right to have the item replaced.

    Liability rights for defective goods which are intended for single use or which are perishable must be exercised at the latest on the day following the purchase; otherwise, the rights shall lapse.

    VII. Complaints procedure

    For the purposes of these Complaints Regulations, a complaint is understood as an assertion of liability of a business entity for defects in the goods sold.

    Only the consumer who was the original party to the legal relationship from which the right of liability of the business entity for defects in the goods sold may assert the rights of liability of the business entity for defects in the goods sold; the transfer of this right of the consumer to a third party is not possible (e.g. if the consumer has sold the goods to a third party).

    A complaint shall be made in the complaints procedure in accordance with these Complaints Regulations.

    The complaint procedure starts with the lodging of the complaint.

    Complaints shall be made in writing at the registered office of the business entity or by email to kontakt@nextmode.eu.

    The complaint shall be accompanied by a complaint report, which forms an annex to these Complaints Regulations. The complaint report shall be completed in duplicate and one copy shall be issued (sent) to the consumer.

    A legally perfect claim is a prerequisite for the commencement of the claim procedure. A claim is legally perfect if it contains the following elements:

    (a) the name, surname, home address or other necessary contact details (e-mail, telephone) of the consumer making the complaint

    (b) a description of the defects in the goods sold

    (c) a preliminary statement by the consumer as to what right of liability of the trader for defects he/she wishes to assert

    (d) the requested method of notification of the manner in which the complaint will be dealt with

    (e) the complaint must be accompanied by a document proving that the goods complained of were purchased from the trader; most often a receipt

    f) the defective goods themselves must be submitted with the claim.

    The business entity or a person authorised by it shall examine the substance of the complaint and, in the event of a clearly manifest and easily detectable defect, may decide immediately on the complaint and on the manner of its settlement. In complex cases, the complaint shall be dealt with no later than 3 working days from the date on which the complaint was made, in justified cases, in particular if a complex technical assessment of the condition of the goods is required, no later than 30 days from the date on which the complaint was made. However, the processing of the complaint may not take longer than 30 days from the date of the complaint. The time limit for processing a complaint is calculated from the time of its submission in legally perfect form (paragraph 7/ of this Article of the Complaints Procedure).

    The complaint procedure ends with the settlement of the complaint. For the purposes of these Complaints Regulations, the settlement of a complaint shall be understood as the termination of the complaint procedure by handing over the repaired goods, replacement of the goods, refund of the purchase price of the goods, payment of a reasonable discount on the price of the goods, a written invitation to take over the performance or a reasoned rejection of the complaint.

    The business entity does not recognise any other method of complaint than that referred to in paragraph 5/ of this Article of the Complaints Procedure, in particular it does not allow the return of goods to consumers on delivery.

    If the consumer has made a claim within the first 12 months of purchase, the trader may only reject the claim on the basis of a professional assessment; regardless of the outcome of the professional assessment, the consumer may not be required to pay the costs of the professional assessment or any other costs related to the professional assessment. The business operator shall 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 the complaint.

    If the consumer has made a complaint after 12 months from the purchase and the business entity has rejected it, the business entity is obliged to indicate in the complaint handling document to whom the consumer can send the goods for professional assessment. If the goods are sent to a designated person for expert assessment, the costs of the expert assessment, as well as any other costs reasonably incurred in connection therewith, shall be borne by the trader irrespective of the outcome of the expert assessment. If the expert assessment proves that the trader is liable for the defect, the consumer may reassert the claim; the guarantee period shall not expire while the expert assessment is being carried out. The trader shall reimburse the consumer within 14 days from the date of the reasserted complaint for all costs incurred for the professional assessment as well as for all related costs reasonably incurred. A reasserted claim cannot be rejected.

    The trader shall be obliged to issue a receipt to the consumer when the claim is made. The copy of the completed complaint report issued (sent) shall also be deemed to be a confirmation.

    VIII. Specific notices to consumers regarding the exercise of their rights

    The business entity informs the consumer that he/she can exercise his/her rights with the following authorities or in the following way:

    a) in case of dissatisfaction with the handling of the complaint, the consumer may lodge a complaint with the supervisory authority, which is the Slovak Trade Inspection Authority, Central Inspectorate, Bajkalská 21/A, P. O. BOX No. 5, 820 07 Bratislava

    b) in the framework of alternative dispute resolution pursuant to Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts, while according to § 11 of this Act, the consumer has the right to first contact the business entity with a request for redress if he is not satisfied with the manner in which the business entity has dealt with his complaint or if he believes that the business entity has violated his rights. The consumer shall subsequently have the right to submit a request for alternative dispute resolution to an alternative dispute resolution body if the trader has refused the request under the previous sentence or has not responded to it within 30 days from the date of dispatch of the request

    (c) in the framework of the online dispute resolution platform (ODR): https://ec.europa.eu/consumers/odr

    IX. Final Provisions

    This Complaints Procedure is part of the general terms and conditions for the retail trade of the e-shop NextMode.eu, operated by the business entity.

    This Complaints Protocol comes into force on 01.06.2023