Complaints Policy 

Complaints Procedure

Business name and registered office: Twinyx, spol. s.r.o. , 811 08 Bratislava, Cukrová 2376/6,Slovak Republic

Identifiers: registration number: 52 720 144, VAT number: 2121112686, VAT number: SK2121112686

Registration: the District Court in Bratislava, Section: Sro, Insert No.: 142848/B

Preamble.

* Twinyx, s.r.o. guarantees in relation to consumer contracts all rights given by the law of the Slovak Republic, in particular:

* law number : 40/1964 Coll. Civil Code in the current version.

* Act No. : 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the seller's business premises, as amended.

* Act No.: 250/2007 Coll. on consumer protection as amended.

* Act No. : 18/2018 Coll. on the protection of personal data, as amended.

* Act No.: 294/1999 Coll. on liability for damage caused by defective products, as amended.

* Act No.: 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes, as amended.

* any other consumer rights legislation in force at the time of the conclusion of the transaction.

* In the interest of legal certainty of the consumer, Twinyx, s.r.o. issues, with reference to the General Terms and Conditions of Business, this Complaints Procedure, which is part of the documentation of each concluded consumer contract.

Article 1. Introductory Provisions.

1. The purpose of the Complaints Procedure is to inform about the rights and obligations of consumers and the specific procedure for ensuring effective handling of any claims for defects in goods purchased from Twinyx, s.r.o.

2. The Complaints Procedure is valid for all business cases of end consumers to:

* goods purchased from Twinyx, s.r.o.,

* goods purchased through the Twinyx e-shop

3. The Complaints Procedure cannot be used for complaints about optional services that Twinyx, s.r.o. does not provide. If the consumer has ordered optional services from an external supplier, he/she can only complain about these services with this supplier.

Article 2. Warranty period and warranty conditions

1. Liability for defects in goods and the guarantee of quality are subject to the applicable legislation. Twinyx, s.r.o. provides a standard warranty period for goods manufactured and delivered by it of the statutory period of 24 months during which they will be fit for use and for their usual purpose and will retain their usual characteristics. The warranty period shall commence on the date of receipt of the goods. The invoice for the goods also serves as the warranty certificate.

2. Twinyx, s.r.o. may provide the consumer with an extended warranty period of 36 months in the consumer contract, but only if all of the following conditions are met cumulatively:

* it is expressly stated in the concluded consumer contract /order/,

* transport and assembly of the goods is carried out by an Authorized Service Partner of the Seller,

* the installation of the goods may include the fitting of built-in appliances and sinks purchased by Twinyx, s.r.o. as well as the cutting of the worktop for the sink and hob.

3. The Seller accepts no liability and gives no warranty:

* for goods that he has not delivered.

* if the consumer uses, installs or installs goods from another manufacturer, which he/she has not purchased through Twinyx, s.r.o. (e.g. built-in appliances, sinks, faucets, etc.) and which are not suitable for incorporation into furniture or do not comply with the applicable technical standards.

* for any dimensional disproportion of the entrance openings (e.g. doors) to the space in which the goods are to be unloaded, assembled and placed in relation to the dimensions of the goods ordered and manufactured according to the consumer's requirements.

4. In particular, the warranty does not apply to defects in the goods resulting from improper transport, handling, improper assembly or improper use of the goods by the consumer.

5. Liability for defects covered by the warranty does not arise if the defects were caused after the risk of damage to the goods after their acceptance by the consumer has passed or by external events and were not caused by the seller in particular:

* loss of a document enabling the claim to be identified, if identification from the seller's documents is not possible,

* the expiry of the warranty period of the goods,

* mechanical damage to the goods,

* Damage to the goods during transport by own means of transport or improper storage prior to assembly,

* assembly in which the manufacturer's assembly instructions have not been followed, or use of the goods in conditions that do not correspond to the natural environment in terms of humidity, chemical and mechanical influences,

* improper handling, servicing or neglect of the goods,

* damage to the goods, excessive loading or use contrary to the conditions specified in the documentation, general principles, technical standards or safety regulations,

* damage to the goods caused by unavoidable or unforeseeable events,

* poor quality environment in which the goods will be placed / unevenness of walls and floors /,

* use of seating and chair furniture in environments other than the home (it is not intended for use in restaurants or for higher loads than in a normal household!).

* Since the shipment upon receipt of the goods and which was not notified to the Seller without undue delay, later claims of this kind will only be accepted if the Buyer proves that the claimed defects were already present at the time of receipt of the goods by the Buyer.

Article 3. Complaint Procedure.

1. A complaint is a claim of liability for defects in the product. The settlement of a complaint is the termination of the complaint procedure by handing over the repaired product, replacing the product, refunding the purchase price of the product, paying a reasonable discount on the price of the product, a written invitation to accept the performance, or a reasoned refusal.

2. An expert opinion, or an opinion issued by an authorised, notified or accredited person, or the opinion of a person authorised by the manufacturer to carry out warranty repairs (hereinafter referred to as the "designated person").

3. The Seller is obliged to properly inform about the conditions and method of claim, including information on where the claim can be made and on the implementation of warranty repairs. The Complaints Procedure must be in a visible place, accessible to the consumer both at Twinyx, s.r.o. and on the website: www.twinix.sk.

4. The Buyer is entitled to inspect the delivered goods as well as their packaging immediately after delivery in the presence of the Seller's representative. In the event of discovering the existence of a defect in the goods, the Seller's representative shall be obliged to allow the Buyer to make a record of the extent and nature of the defect in the goods, the accuracy of which shall be confirmed by the Seller's representative. On the basis of the record thus made and delivered to the Seller, the Buyer may subsequently refuse to accept the defective goods delivered or confirm delivery of the defective goods and subsequently claim defects in the goods from the Seller or a designated person. In the event that the Buyer refuses to accept the defective goods delivered, all costs reasonably incurred in returning the goods to the Seller shall be borne by the Seller.

5. The consumer can make a complaint in person or in writing (complaint form of the seller, letter, e-mail) in the company Twinyx, s.r.o. in which the acceptance of the complaint is possible with regard to the products sold, or with a designated person who is obliged to handle the complaint. A person authorised to handle complaints must be present at Twinyx, s.r.o. during business hours. In view of the need for transparency in the handling of complaints, telephone complaints will not be accepted without subsequent personal or written confirmation by the consumer.

6. If the consumer submits a claim, Twinyx, s.r.o., or a person authorised by it, is obliged to inform the consumer of his/her rights under the general regulation; on the basis of the consumer's decision which of these rights the consumer claims, the consumer is obliged to determine the manner of handling the claim:

* immediately, in complex cases no later than 3 working days from the date of the complaint,

* in justified cases, in particular if a complex technical assessment of the product's condition is required, within 30 days of the date of the complaint.

Once the method of complaint handling is completed, the complaint will be processed:

* immediately; in justified cases, the complaint can also be processed later,

* however, the processing of the claim must not take longer than 30 days from the date of the claim.

* After the expiration of the period for processing the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new product.

7. The Seller is obliged to provide the supervisory authority with 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 it is not possible to handle the complaint immediately after the determination of the method of handling the complaint, the sending or the results of the professional assessment and a copy of the proof of handling of the complaint.

8. If the consumer has made a claim for a product within the first 12 months of purchase, the seller 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.

9. If the consumer has filed a complaint after 12 months from the purchase and the seller has rejected it, the person who has settled the complaint is obliged to indicate in the complaint settlement document to whom the consumer can send the product for professional assessment. If the product is 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 seller, irrespective of the outcome of the expert assessment. If the expert assessment proves that the seller is liable for the defect, the consumer may reassert the claim; the warranty period shall not expire while the expert assessment is being carried out. The seller shall reimburse the consumer within 14 days from the date of the reasserted claim for all costs incurred for the professional assessment as well as all related costs reasonably incurred. A reasserted claim cannot be rejected.

10. The Seller is obliged to issue a confirmation to the Consumer when making a 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.

11. The Seller is obliged to issue a written proof of the complaint within 30 days from the date of the complaint.

12. The Seller is obliged to keep a record of complaints and to submit it to the supervisory authority for inspection upon request. The complaint record must contain information on the date of the complaint, the date and manner of handling the complaint and the serial number of the complaint document.

13. Liability rights for warranty defects shall be extinguished if they have not been asserted within the warranty period.

14. The handling of the complaint is without prejudice to the consumer's right to compensation for damages under a special regulation - Act No.: 294/1999 Coll. on liability for damage caused by defective products, as amended.

Article 4. Method of complaint handling.

1. The Seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:

* by handing over the repaired goods,

* exchange of goods,

* by refunding the purchase price of the goods,

* by paying a reasonable discount on the price of the goods,

* by a written invitation to take over the performance specified by the seller,

* by reasoned rejection of the claim.

2. If the defect is repairable and no other agreement is reached, the claim will be handled as follows:

* the Seller shall remedy the defect without undue delay,

* the seller replaces the defective goods or part with a new one (it depends on the seller's decision).

3. In the case of a defect which cannot be remedied and which prevents the goods from being properly used as without defect, the buyer has the right to exchange the goods or has the right to withdraw from the contract. The same rights shall apply to the buyer if the defects are remediable, but if the buyer cannot properly use the goods due to the reoccurrence of the defect after the repair or due to a greater number of defects.

4. Twinyx, s.r.o. may settle the claim by agreement, taking into account the buyer's decision:

* by exchanging the goods for other, functional goods of the same or better technical parameters,

* by issuing a credit note for the defective goods.

5. The handling of the claim relates only to the description of the defect given by the buyer. In other cases, the Seller may offer the Buyer the possibility of repairing the damaged goods in return for payment of the costs associated with the servicing and repair of such goods.

6. Complaints are handled exclusively at the Seller's place of business. Exceptions are special cases in which it is necessary to assess the claim at the place of assembly / placement of the goods.

7. Complaints must be submitted in writing, by fax or e-mail on the form published at: www.twinyx.sk or available at Twinyx, s.r.o.

8. The warranty period shall be extended by the period of time during which the buyer could not use the goods due to warranty repair of the goods.

9. If the Seller rejects the Buyer's claim, the Buyer has the right to exercise his/her rights under the applicable consumer protection legislation or by way of legal proceedings.

10. The costs associated with the complaint procedure will be applied in accordance with applicable law.

11. If Twinyx, s.r.o. rejects the consumer's claim, the consumer has the right to assert his/her claims according to the applicable consumer protection legislation or by way of court proceedings.

12. The handling of the complaint is without prejudice to the consumer's right to compensation for damages under a special regulation - Act No.: 294/1999 Coll. on liability for damage caused by defective products, as amended.

13. The consumer has the right to contact the seller with a request for redress if he is not satisfied with the manner in which the seller has handled his complaint or if he believes the seller has violated his rights.

14. The consumer has the right to submit a proposal for the initiation of alternative dispute resolution to the alternative dispute resolution body if the seller has responded to the request for redress in a negative manner or has not responded to it within 30 days from the date of its dispatch. In such a case, the dispute resolution shall be fully governed by Act No.: 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes, as amended. The consumer submits the application to the competent alternative dispute resolution body; the possibility of going to court is not affected. The list of alternative dispute resolution entities is available at https://www.mhsr.sk ; the consumer has the right to choose which of the listed alternative dispute resolution entities to turn to. The consumer may use the online dispute resolution platform available at https://ec.europa.eu/consumers/odr./ to submit an application for alternative dispute resolution.

Article 5 Final Provisions.

1. The Complaints Procedure is publicly available to customers at the company's registered office on the website: www.twinyx.sk and each customer is also familiarised with it individually for each business case.

2. Twinyx, s.r.o. reserves the right to modify the Complaints Procedure so that it corresponds to the applicable legislation and guarantees all the rights guaranteed by law in relation to complaints. If, at the time of the complaint, the legal regulation provides the consumer with more rights than the complaints procedure, the legal regulation shall apply without further delay.

3. The Complaints Procedure shall be valid from the date of its issue and shall come into force in relation to the customer on the date of conclusion of the relevant consumer contract for the supply of goods.

In Prievidza on: 20 June 2022.

Consumer Confirmation: I acknowledge receipt of the Complaints Procedure before signing the consumer contract.