COMPLAINTS POLICY of Emerson s.r.o.
This complaint procedure has been developed in accordance with the relevant provisions of Act No. 250/2007 Coll. on Consumer Protection, as amended, and Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Acts.
A complaint is an assertion of liability for defects in a service or product.
A service is any activity or performance that is offered to the consumer for a fee or free of charge, with the exception of activities regulated by special regulations supervised by professional chambers or other state administration bodies.
A product is a new, used or modified movable thing that has been manufactured, extracted or otherwise obtained, regardless of the degree of processing, and which is intended to be offered to a consumer or for which it can be assumed that the consumer will use it, whether the thing is supplied for consideration or free of charge.
1. 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 on the performance of warranty repairs. The complaint procedure must be in a visible place accessible to the consumer.
2. The consumer may file a complaint at any of the seller’s establishments where the acceptance of complaints is possible with regard to the products sold or services provided.
3. An employee authorized to handle complaints must be present at the establishment during operating hours.
4. If the consumer files a complaint, the seller or an employee authorized by him is obliged to inform the consumer about his rights under the general regulation, based on the consumer’s decision which of these rights the consumer is exercising, he is obliged to determine the method of handling the complaint immediately, in complex cases no later than 3 working days from the date of filing the complaint, in justified cases, especially if a complex technical assessment of the condition of the product or service is required, no later than 30 days from the date of filing the complaint. After determining the method of handling the complaint, the complaint is handled immediately, in justified cases the complaint may also be handled later; however, the handling of the complaint may not last longer than 30 days from the date of filing the complaint. After the deadline for handling the complaint has expired, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new product.
5. If the consumer has made a product complaint within the first 12 months of purchase, the seller may only dismiss the complaint based on 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 dismissal of the complaint no later than 14 days from the date of settlement of the complaint.
6. 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 shall 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.
7. The seller is obliged to issue a confirmation to the consumer when making a complaint. If the complaint is made via means of distance 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 on the settlement of the complaint; the confirmation of the complaint does not have to be delivered if the consumer has the opportunity to prove the claim in another way.
8. 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.
9. 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.
10. If the consumer, a natural person, is not satisfied with the way in which the seller has handled his complaint or believes that the seller has violated his rights, the consumer has the right to contact the seller with a request for redress. If the seller responds negatively to the consumer’s request pursuant to the previous sentence or does not respond to such a request within 30 days from the date of its sending to the consumer, the consumer has the right to submit a proposal to initiate alternative dispute resolution to the alternative dispute resolution entity pursuant to Section 12 of Act No. 391/2015 Coll. on alternative dispute resolution and on amendments and supplements to certain acts. The competent entity for alternative dispute resolution with the operator as the seller is
a. The Slovak Trade Inspection, which can be contacted for the above purpose at the address: Central Inspectorate of the SOI, Department of International Relations and ARS, Prievozská 32, PO Box 29, 827 99 Bratislava or electronically at ars@soi.sk or adr@soi.sk or
b. 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 of authorized entities is available at www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskychsporov/146987s), while the customer has the right to choose which of the listed alternative dispute resolution entities to contact.
11. This Complaints Procedure comes into effect on 01.01.2025.
The management of Emerson s.r.o.