Complaints Procedure

COMPLAINTS PROCEDURE

Article I.

INTRODUCTORY PROVISIONS

Berndorf Sandrik, s.r.o. is a commercial company which issues, in accordance with the provisions of Act No. 40/1964 Coll. of the Civil Code as amended (hereinafter referred to as the "Civil Code"), Act No. 250/2007 Coll. no. 391/2015 Coll. on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act"), Act No. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts, as well as in accordance with other generally binding legal regulations of the Slovak Republic this Complaints Procedure (hereinafter referred to as the "Complaints Procedure"). The Complaints Procedure is available at any Berndorf Sandrik, s.r.o. outlet located in the territory of the Slovak Republic, as well as on the website www.berndorf.sk.

The Complaints Procedure applies to any contract concluded between Berndorf Sandrik, s.r.o. and a customer who is a natural person - a consumer (hereinafter referred to as the "Customer"), on the basis of which Berndorf Sandrik, s.r.o. delivers goods to the Customer (hereinafter referred to as the "Goods").

In particular, the Complaints Procedure regulates the procedure, method and the rights and obligations of Berndorf Sandrik, s.r.o. and the customer in the event of a complaint about goods supplied by Berndorf Sandrik, s.r.o. to the customer. In the following, Berndorf Sandrik, s.r.o. and the customer are also referred to together as "the parties" or "the parties" in this Complaints Procedure.

Article II.

LIABILITY FOR DEFECTS, WARRANTY PERIOD AND GUARANTEE

Berndorf Sandrik, s.r.o. shall be liable for defects in the goods delivered when they are handed over to the customer (Section 619(1) of the Civil Code) as well as for defects that occur after the goods have been handed over by Berndorf Sandrik, s.r.o. to the customer within the warranty period (Section 619(2) of the Civil Code). The warranty period for new goods is 24 months, which starts on the first day after the delivery of the (new) goods to the customer (§ 620 (1) of the Civil Code).

For goods sold by Berndorf Sandrik, s.r.o. to the customer at a lower price incl. VAT, in particular due to defects in/on these goods, the warranty period is 24 months, whereas Berndorf Sandrik, s.r.o. is not liable for defects in/on the goods for which a lower price incl. VAT has been agreed between the parties.

In the case of used goods, the warranty period is 24 months or, if agreed by the parties, 12 months (Section 620(2) of the Civil Code), whereas Berndorf Sandrik, s.r.o. is not liable for defects in/on the goods that arise from use or wear and tear. Used goods are visibly marked by Berndorf Sandrik, s.r.o. as "used" and are accompanied by information about their shortened warranty period.

The warranty period does not include the period from the time when the customer has exercised the right of liability for defects with Berndorf Sandrik, s.r.o. until the time when the customer was obliged to take over the claimed goods from Berndorf Sandrik, s.r.o. or a person designated by Berndorf Sandrik, s.r.o. after the completion of the repair, if the nature of the goods so permits (Section 627(1) of the Civil Code). If the defective goods are exchanged for goods without defects, the new warranty period for the goods without defects shall commence on the date on which the customer takes delivery of such goods from Berndorf Sandrik, s.r.o. (Section 627(2) of the Civil Code).

The liability of Berndorf Sandrik, s.r.o. for defects in the goods does not apply in particular to: (i) mishandling of the goods, e.g. improper storage of the goods, (ii) normal wear and tear or improper use of the goods, (iii) damage to the goods due to erosion or extreme (excessively high or low) temperatures, (iv) mechanical damage to the goods, e.g. scratches, etc., (v) improper maintenance and cleaning of the goods in violation of the instructions of Berndorf Sandrik, s.r.o. or the manufacturer of the goods, (vi) other reasons, as specified in the warranty card or the instructions for the goods, or as stated on the packaging of the goods, or as specified on the website www.berndorf.sk.

Article III.

OBLIGATIONS OF THE CUSTOMER

• Each customer is obliged to immediately recalculate the cash when dispensed by Berndorf Sandrik, s.r.o. personnel. Subsequent complaints regarding incorrect amounts of cash dispensed will not be accepted by Berndorf Sandrik, s.r.o.
• Each customer is obliged to recalculate the quantity of the goods when collecting them from Berndorf Sandrik, s.r.o. After leaving Berndorf Sandrik, s.r.o.'s premises with the goods, it is not possible to claim the quantity of the goods.
• In compliance with the customer's obligation according to the preceding clause of this article of the Complaints Procedure, Berndorf Sandrik, s.r.o. resolves the customer's quantity complaints by delivering the missing goods to the customer free of charge.

Article IV.

DEFECTS OF GOODS

• Defects in the goods are divided into removable and non-removable defects.
• In the case of a remediable defect, the customer has the right to have it remedied free of charge, properly and in a timely manner, and Berndorf Sandrik, s.r.o. is obliged to remedy any such defect without undue delay. In particular, a removable defect shall be deemed to be a defect whose removal does not impair the quality and characteristics of the goods sold.
• Instead of removing the defect, the customer may request the replacement of the goods or, if the defect concerns only a part of the goods, the replacement of the part of the goods, provided that Berndorf Sandrik, s.r.o. does not incur disproportionate costs in relation to the price of the goods including VAT and the severity of the defect. Berndorf Sandrik, s.r.o. may always replace the defective goods with goods without defects instead of rectifying the defect, provided that this does not cause the customer serious inconvenience.
• If the defect cannot be remedied and prevents the goods from being properly used as goods without defects, the customer has the right to have the goods replaced or to withdraw from the contract concerned, the same right also being available to the customer in the following casesif the goods are subject to remediable defects, but the customer cannot properly use the goods due to the recurrence (at least 3 times) of the defect after the repair or a greater number of defects.
• In the case of a discount granted on the price of the goods including VAT, it is not possible to later claim the goods for those defects for which the customer has been granted a discount by Berndorf Sandrik, s.r.o..

Article V.

PROCEDURE AND METHOD OF COMPLAINT HANDLING

• The customer is entitled to lodge a complaint at the registered office of Berndorf Sandrik, s.r.o:

Customer Service Centre, Berndorf Sandrik, s.r.o.

Bystrická 1571, 966 81 Žarnovica

Tel.: +421 45/6844328

e-mail: berndorf@berndorf.sk

in person during the valid opening hours of Berndorf Sandrik, s.r.o. at the person in charge of receiving and handling complaints: Andrea Katinová, Monika Šályová.

• The customer may also submit a complaint electronically (by e-mail) or in writing, e.g. by post, at the current address of the registered office of Berndorf Sandrik, s.r.o., entered in the online business register (www.orsr.sk) at the time of the customer's complaint.
• When making a complaint, the customer must specify what the complaint concerns and also present Berndorf Sandrik, s.r.o. with the defective goods, insofar as the nature of the goods permits this, as well as what rights and claims the customer claims from the defects.
• In addition, the customer must also provide Berndorf Sandrik, s.r.o. with proof of the following in order to make a claim:
• that the customer purchased the goods from Berndorf Sandrik, s.r.o. and at what price including VAT; in order to prove this, the customer shall provide Berndorf Sandrik, s.r.o. with a delivery note signed between the parties and/or another document signed between the parties proving (original) that the goods claimed for were purchased by Berndorf Sandrik, s.r.o. and that the goods were purchased by Berndorf Sandrik, s.r.o. r. o. to the Customer and a valid proof of purchase (original) issued by Berndorf Sandrik, s. r. o. to the Customer, bearing the date of purchase of the goods,
• that there is a defect in the goods within the warranty period to which liability for defects under these Complaints Regulations or other documentation of Berndorf Sandrik s.r.o. or applicable law applies,
• the customer presents the defective goods to Berndorf Sandrik, s.r.o. for the purpose of assessing the defect claimed by the customer,
• the customer is obliged to provide Berndorf Sandrik Ltd. with assistance in completing the complaint report (proof of receipt of the complaint) by an authorised Berndorf Sandrik Ltd. employee and to agree to its contents by signing it.

In the event that the customer fails to meet any of the above conditions for making a claim, Berndorf Sandrik, s.r.o. shall be entitled to consider the customer's claim to be unfounded and/or to reject it, unless otherwise required by law.

• For the purposes of these Complaints Regulations, a complaint shall be understood as a claim of liability for defects in the goods and the settlement of the complaint shall be the termination of the complaint procedure by handing over the repaired goods, the replacement of the goods, the refund of the purchase price including VAT by issuing a credit note to the customer or the reasoned rejection of the customer's complaint.
• After the customer's claim has been duly submitted in accordance with the above mentioned points of these Complaints Regulations, Berndorf Sandrik, s.r.o. shall issue the customer with a document (confirmation) of receipt of the claim. If the claim is made by means of remote communication, the Seller is obliged to deliver the confirmation of the claim 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 proof of the claim; the confirmation of the claim does not have to be delivered if the Consumer has the possibility to prove the claim in another way.
• After the customer's claim has been submitted and the customer has been informed of his rights, in particular pursuant to Sections 622 and 623 of the Civil Code, and after the customer has decided which of these rights he wishes to exercise, Berndorf Sandrik, s.r.o. or a person authorised by it, shall determine the manner of handling the complaint, immediately, in complex cases no later than 3 working days from the date of the customer's complaint, in justified cases, in particular if a complex technical assessment is required, no later than 30 days from the date of the customer's complaint. After the expiration of the statutory 30-day period for processing the complaint, the customer has the same rights as if it were a defect that cannot be remedied (i.e. the right to exchange the goods or to withdraw from the contract and at the same time to claim a refund of the price of the goods including VAT).
• In the event of a claim made by the customer within the first 12 months of purchase from Berndorf Sandrik, s.r.o., Berndorf Sandrik, s.r.o. may only settle the customer's claim by rejecting it on the basis of a professional assessment. Regardless of the outcome of the expert assessment, the customer cannot be required to pay the costs of the expert assessment. Berndorf Sandrik, s.r.o. shall provide the customer with a copy of the expert assessment justifying the rejection of the claim within 14 days of the date of the settlement of the claim by Berndorf Sandrik, s.r.o. If Berndorf Sandrik, s.r.o. rejects a claim made by the customer after 12 months from the purchase of the goods, Berndorf Sandrik, s.r.o. is obliged to indicate in the customer's claim document to whom the customer may send the goods for expert assessment. If the customer sends the goods to Berndorf Sandrik, s.r.o. for a professional assessment, which proves that Berndorf Sandrik, s.r.o. is responsible for the defects in the goods, the customer can make a claim again, which Berndorf Sandrik, s.r.o. can no longer refuse. Berndorf Sandrik, s.r.o. is also obliged to reimburse the customer for all costs incurred for the professional assessment as well as all related costs reasonably incurred, within 14 days from the date of the customer's reasserted claim.
• Berndorf Sandrik, s.r.o. shall draw up a written proof of the settlement of the complaint within 30 days of receipt of the customer's complaint and shall hand it over to the customer.
• Berndorf Sandrik, s.r.o. shall record each claim made in the register of claims made by Berndorf Sandrik, s.r.o. customers (hereinafter referred to as the "Register of Claims"). The Register of Claims shall contain in particular the date of the customer's claim, the date and manner of handling of the claim and the serial number of the document of the claim.
• If necessary, the customer is entitled to address his suggestions, suggestions or complaints to Berndorf Sandrik, s.r.o. or to the Slovak Trade Inspection Authority, whose contact details are published on the website www.soi.sk.
• The customer has the right to contact Berndorf Sandrik, s.r.o. with a request for redress if he/she is not satisfied with the manner in which Berndorf Sandrik, s.r.o. has handled the customer's complaint or if he/she believes that Berndorf Sandrik, s.r.o. has violated the customer's rights. To this end, the customer has the right to submit a request for alternative dispute resolution to an alternative dispute resolution body if Berndorf Sandrik, s.r.o. has responded to the request under the previous sentence of this Clause of the Complaints Procedure in a negative manner or has not responded to it within 30 days from the date of dispatch. The customer shall submit the request to the relevant alternative dispute resolution body. The competent entity for alternative dispute resolution of consumer disputes with Berndorf Sandrik, s.r.o. is the Slovak Trade Inspection Authority or another competent authorised 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 http://www.mhsr.sk/); the customer has the right to choose which of the above alternative dispute resolution entities to turn to, without prejudice to the possibility of going to court. Other conditions related to alternative dispute resolution are set out in Act No. 391/2015 Coll. on Alternative Dispute Resolution and on Amendments and Additions to Certain Acts.

Article VI. fINAL PROVISIONS

In the event of any complaints, complaints, claims or suggestions, the customer may contact Berndorf Sandrik, s.r.o. via the contact details provided in this Complaints Procedure.

This Complaints Procedure of Berndorf Sandrik, s.r.o. shall enter into force and effect on 1.6.2019

berndorf Sandrik, Ltd. r. o. o.

ing. Štefan Janček, Managing Director