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Tesyl online store

Article I
Introductory provisions

1. This complaint procedure governs the rights and obligations of the contracting parties and the conditions for the application and processing of complaints resulting from the purchase contract concluded between the merchant and the consumer, the subject of which is the sale of goods through the merchant's online store operated on the Tesyl website (www.tesyl.sk, www.tesyl. com, www.tesyl.de, www.tesyl.it, www.tesyl.es hereinafter referred to as "online store"). This complaint procedure does not apply to the exercise of rights arising from liability for defects by a buyer who is not a consumer.
2. These terms and conditions are an integral part of the purchase contract specified in Art. 1 paragraph 1 of these terms and conditions (hereinafter referred to as "purchase agreement").
3. This complaint procedure is drawn up in accordance with:
   • by law no. 40/1964 Coll. Civil Code, as amended,
   • by law no. ..... Z. z. on consumer protection as amended by later legislation,
4. Legal relations between the merchant and the consumer buyer regarding liability for defects not expressly regulated by this complaint procedure are governed by the relevant provisions of the Civil Code and the Consumer Protection Act.
5. The responsibility for the trader's defects related to the contract concluded with the buyer, who is an entrepreneur, is governed by the relevant provisions of Act no. 513/1991 Coll. Commercial Code as amended by later legislation.
6. This complaint procedure is drawn up in the Slovak language. The English version is a translation
7. By sending the order, the buyer confirms that he has thoroughly familiarized himself with the complaint procedure and understood its content.

Article II
Definitions

1. A merchant is a person who, in connection with a consumer contract, an obligation arising from it or in business practice, acts within the scope of his business activity or profession, including through another person who acts on his behalf or on his account.
2. The merchant is the owner of the online store operated on the Tesyl website.
   Business name: Tesyl s.r.o.
   reg.: Company Tesyl s.r.o. is registered in the Commercial Register of the District Court of Nitra, Department: Sro, Insert number: 34773/N
   Registered office/place of business: Nový Perješ 174/16, 946 32 Marcelová, Slovak Republic
   ID: 47345292
   TAX number: 2023824418
   VAT number: SK2023824418
   email: sales@tesyl.com
   tel. no: +421940863983
   
3. A buyer is a person who buys products or uses services, either as a consumer or an entrepreneur.
4. A consumer is a natural person who, in connection with the consumer contract, the obligations arising from it or in business practice, does not act within the scope of his business activity or profession.
5. He is an entrepreneur
   • a person registered in the commercial register,
   • a person who does business on the basis of a trade license,
   • a person who does business on the basis of a license other than a trade license according to special regulations,
   • a natural person who carries out agricultural production and is registered in accordance with a special regulation.
6. Goods are any tangible movable thing; the goods also include electricity, water or gas, which are for sale in a limited volume or in a specified quantity, and a material carrier that serves exclusively as a carrier of digital content, in particular CD, DVD, USB stick and memory card.
7. A service is any activity or performance that is offered or provided to a consumer, including a digital service and activities regulated by special regulations that are supervised or supervised by professional chambers or other public administration bodies, such as supervisory bodies in the field of consumer protection.
8. A product is a good, service, digital content, real estate, electricity, water or gas that is not for sale in a limited or specified quantity, heat, rights and obligations.
9. The item is the goods sold by the merchant through this online store.
10. The purchase contract is the contract concluded between the trader and the buyer through this online store or in another suitable way according to the conditions agreed in these terms and conditions.
11. A consumer purchase contract is a purchase contract concluded between a trader as a seller and a consumer as a buyer, if the subject of the purchase is any movable item, including an item with digital elements, even if the item is still to be manufactured or made, among other things, according to the specifications the buyer.
12. The online store is the website located at the addresses www.tesyl.sk, www.tesyl.com, www.tesyl.de, www.tesyl.it, www.tesyl.es, through which the contracting parties can conclude a purchase contract.
13. The supervisory body is:
    Slovak Trade Inspection (SOI)
    SOI Inspectorate for the Nitra region
    Staničná 9
    P. O. BOX 49A
    950 50 Nitra 1
    Department of Supervision
    Tel. č. 037/772 02 16

Article III
Requirements for the thing sold

1. The merchant undertakes that the sold item will be in accordance with the agreed and general requirements. This does not apply to the case when the merchant has notified the buyer that the sold item does not meet the general requirements and the buyer has agreed to it.
2. The thing sold is in accordance with the agreed requirements, if in particular
   • corresponds to the description, type, quantity and quality defined in the contract,
   • is suitable for a specific purpose, with which the buyer informed the merchant at the latest when concluding the contract and with which the merchant agreed,
   • is characterized by the ability to perform the functions defined in the contract with regard to its purpose,
   • characterized by other features defined in the contract,
   • is delivered with all accessories defined in the contract,
   • is supplied with instructions for use, including instructions for assembly and installation, as defined in the contract.
3. The thing sold is in accordance with the general requirements, if in particular
   • is suitable for all purposes for which a thing of the same type is normally used, taking into account in particular legal regulations, technical standards,
   • is supplied with accessories, packaging and instructions, including assembly and installation instructions, that the buyer can reasonably expect, and
   • is supplied in a quantity, quality and with characteristics, including functionality, compatibility, safety and ability to maintain its functionality and performance under normal use, which are common for a thing of the same kind and which the buyer can reasonably expect in view of the nature of the thing sold.
4. If the thing sold does not comply with these requirements, it has defects.

Article IV
Liability for defects

1. The merchant is responsible for any defect that the sold item has at the time of its delivery and that manifests itself within two years from the delivery of the item.
2. In the case of a used item, the parties may agree on a shorter period of responsibility of the trader for defects than in paragraphs 1, but not shorter than one year from the delivery of the item.
3. By agreement or unilateral declaration, the warranty provider may determine liability for defects even according to stricter principles than those established by law. In that case, he will issue a written confirmation of this, a guarantee letter.
4. The merchant is responsible for a defect that was caused by incorrect assembly or installation of the item, if
   • assembly or installation was part of the purchase contract and was carried out by or under the responsibility of the trader, or
   • assembly or installation that should have been carried out by the buyer was carried out incorrectly by the buyer due to deficiencies in the assembly or installation instructions provided by the trader.
5. If the defect manifests itself before the expiration of the period according to par. 1 or 2 of this article, it is assumed that it is a defect that the item already had at the time of delivery. This does not apply if the opposite is proven or if this assumption is incompatible with the nature of the thing or defect.

Article V
Claim application

1. The buyer can exercise rights from liability for defects only if the defect has been reported to the merchant within two months from the discovery of the defect, at the latest within two years from taking over the item, otherwise the right expires.
2. The buyer can complain about the goods in one of the following ways:
   • in person at the merchant,
   • by sending a notification to the merchant's address,
   • by sending a notification by email to sales@tesyl.com.
3. The buyer can use the complaint protocol published on the merchant's website.
4. The merchant will immediately confirm the complaint of the defect to the buyer by means of a written notification, in which he will state the deadline in which he will remove the defect. The deadline for removing the defect must not be longer than 30 days from the day it was pointed out, if the longer deadline is not justified by an objective reason beyond the trader's control. If the merchant does not handle the complaint within the specified period, the buyer can withdraw from the contract or request a discount from the purchase price.
5. The buyer is entitled to compensation for purposefully incurred costs incurred in connection with pointing out a defect for which the merchant is responsible and exercising rights from liability for the defect. However, he must exercise this right within two months at the latest, otherwise the right will expire.
6. If the merchant refuses responsibility for defects, he must notify the buyer of the reasons for the refusal in writing. The merchant can reject the claim, for example, if damage has occurred
   • normal wear and tear,
   • mechanical damage by the buyer,
   • using the goods in conditions that do not correspond to their temperature, humidity, chemical and mechanical environmental influences,
   • by unprofessional handling or neglect of the care of the goods,
   • excessive load or use contrary to general principles,
   • natural elements or force majeure.
7. If the buyer proves the trader's responsibility for the defect through an expert opinion or professional opinion issued by an accredited person, he can point out the defect repeatedly and the seller cannot refuse responsibility for the defect. The buyer must claim the costs of the expert opinion or professional opinion from the merchant within two months, otherwise the right will expire.
8. The buyer can refuse to pay the purchase price or part of it until the merchant fulfills his obligations arising from liability for defects, unless the buyer is in arrears with the payment of the purchase price or part of it at the time the defect is pointed out. The buyer shall pay the purchase price without undue delay after the merchant has fulfilled his obligations.

Article VI
Claims from an applied complaint

1. In the case of a justified complaint, the buyer has the right to eliminate the defect by repair or replacement, the right to an appropriate discount from the purchase price or the right to withdraw from the purchase contract.
   Repair and replacement of things
2. The buyer can choose to remove the defect by replacing the item or repairing it. However, he cannot choose a method that is not possible or that would cause the trader disproportionate costs compared to the other method, taking into account all the circumstances. The trader can refuse to remove the defect if repair or replacement is not possible or if it would require unreasonable costs taking into account all the circumstances.
3. The merchant will repair or replace the item within a reasonable period of time after the buyer has pointed out the defect, free of charge, at his own expense and without causing serious difficulties to the buyer, taking into account the nature of the item and the purpose for which the buyer requested the item. A reasonable period of time means the shortest time that the alienator needs to assess the defect and to repair or replace the item, taking into account the nature of the item and the nature and severity of the defect.
4. For the purpose of repair or replacement, the buyer hands over or makes available the item to the merchant or a person designated by him. The costs of taking over the item are borne by the merchant.
5. The merchant will deliver the repaired item or a replacement item to the buyer at his own expense in the same or a similar way in which the buyer delivered the defective item, unless the parties agree otherwise.
6. When removing a defect, the merchant will ensure the removal of the item and the installation of a repaired item or a replacement item, if the replacement or repair requires the removal of a defective item that was installed in accordance with its nature and purpose before the defect became apparent. The contracting parties may agree that the removal of the item and the installation of a repaired or replacement item shall be provided by the buyer at the merchant's expense and risk.
   Discount from the purchase price and withdrawal from the contract
7. The buyer has the right to a reasonable discount from the purchase price or can withdraw from the purchase contract even without providing an additional reasonable period, if
   • the merchant did not repair or replace the item,
   • the merchant refused to remove the defect,
   • vec má rovnakú vadu napriek oprave alebo výmene,
   • the item has the same defect despite repair or replacement,
   • the defect is of such a serious nature that it justifies an immediate discount from the purchase price or withdrawal from the purchase contract, or the trader has declared or it is clear from the circumstances that he will not remove the defect within a reasonable period of time or without causing serious difficulties for the buyer.
8. When assessing the buyer's right to a discount on the purchase price or withdrawal from the contract, all circumstances are taken into account, in particular the type and value of the item, the nature and severity of the defect and the possibility of objectively asking the buyer to trust the trader's ability to remove the defect.
9. The discount from the purchase price must be proportionate to the difference between the value of the item sold and the value that the item would have if it were without defects.
10. The buyer cannot withdraw from the purchase contract according to paragraph 8, if the buyer participated in the occurrence of the defect or if the defect is negligible. The merchant bears the burden of proof that the buyer participated in the occurrence of the defect and that the defect is negligible.
11. If the subject of the contract was the purchase of several items, the buyer may withdraw only in relation to the defective item. In relation to other things, he can withdraw from the contract only if it cannot reasonably be expected that he will be interested in keeping the other things without a defective item.
12. The buyer returns the item to the merchant at the merchant's expense.
13. The merchant will ensure the removal of the thing that was installed in accordance with its nature and purpose before the defect became apparent. If the item is not removed within a reasonable period of time, the buyer can arrange for the item to be removed and delivered to the merchant at the merchant's expense and risk.
14. The merchant will return the purchase price to the buyer no later than 14 days from the day of returning the item or after proving that the buyer has sent the item to the merchant, whichever occurs first. Purchase price or part of it will be returned in the same way that the buyer used to pay, unless they agree on another way. All costs associated with payment are borne by the merchant.
15. The merchant does not have the right to compensation for damage caused by normal wear and tear of the item and to compensation for the normal use of the item before its replacement or return.

Article VII
Failure to accept the repaired item

1. The buyer is obliged to take over the repaired or replaced item within one month of its repair or replacement, otherwise he is obliged to pay a storage fee.
2. If the buyer does not take over the item within six months from the day he was supposed to take it over, the merchant can sell the item.
3. If it is an item of greater value, the merchant will notify the buyer in advance of the intended sale and give him a reasonable additional period to take over the item.
4. Immediately after the sale, the trader pays the buyer the proceeds from the sale of the item, after deducting the costs he purposefully spent on its storage and sale, if the buyer exercises the right to a share of the proceeds within a reasonable period specified by the trader in the notification of the intended sale of the item. The merchant may destroy the item at his own expense if it was not possible to sell it or if the expected proceeds from the sale will not be sufficient to cover the costs that the merchant purposefully spent on the safekeeping of the item and the costs that the merchant would inevitably have to spend on its sale

Article VIII
Final provisions

1. This complaint procedure is drawn up by the Lanikova Group, s.r.o. law firm. for the operator of the Tesyl online store, while it is protected in accordance with Act 185/2015 Coll. Copyright Act as amended by later legislation. Without the consent of the author, it is forbidden to use this author's work in any way, in particular, but not exclusively, to copy, publish, change, modify, expand and otherwise abuse.
2. This complaint procedure becomes valid and effective on March 19, 2024.