Complaints Procedure

I. Identification of the Merchant

1.1. This Complaints Procedure (hereinafter referred to as "CP") governs the legal relations between the company:

Business Name: SOLUQA Technology s. r. o.
Registered Office: 1. mája 2598/43, Pezinok 902 01, Slovak Republic
Registered in the Commercial Register of the Bratislava III District Court, Section Sro, Insert Number 172557/B
Company ID (IČO): 55758266
Tax ID (DIČ): 2122076209
Bank Account: SK31 1100 0000 0029 4415 8496
The Seller is a VAT payer

(hereinafter referred to as the "Seller" or "Merchant") and any person who is a Buyer of products offered by the Seller on the Seller's Website, and who acts as a consumer under the relevant provisions of the General Terms and Conditions published on the Seller's website and applicable laws defining consumers within the valid legislation of the Slovak Republic, in particular: Act No. 108/2024 Coll. on Consumer Protection and Amendments to Certain Acts as amended, Act No. 40/1964 Coll. the Civil Code as amended, except as stated in clause 4.4 of this Complaints Procedure, which governs the legal relationship between the Merchant and a Buyer who does not act as a consumer.

1.2. The Seller’s email and telephone contact details are:
Email: [email protected]
Phone: +421 917 242 888

1.3. The address for sending written correspondence, complaints, and contract withdrawals is:
SOLUQA Technology s. r. o.
1. mája 2598/43
Pezinok 902 01
Slovak Republic

II. Basic Provisions

2.1. This Complaints Procedure governs the legal relations between Buyers who are consumers and the Merchant.

III. Exercising Rights from Liability for Defects

3.1. The Buyer may exercise rights arising from liability for defects only if they notify the Seller of the defect without undue delay, but no later than 24 months from the date of receipt of the item. If the defect is not reported within this period, the rights arising from liability for defects expire.

IV. Liability for Defects

4.1. The Seller is liable for any defect that the sold item has at the time of its delivery and that manifests within two years from the date of delivery.

4.2. If the purchased item includes digital elements, where digital content is to be supplied or a digital service is to be provided continuously for the agreed period, the Seller is liable for any defect in the digital content or digital service that occurs or manifests during the entire agreed period, but at least for two years from the delivery of the item with digital elements.

4.3. In the case of a used item, the parties may agree on a shorter liability period than specified in sections 4.1 and 4.2, but not shorter than one year from the delivery of the item.

4.4. The Seller is liable for any defect that the sold item has at the time of its delivery to the Buyer and that manifests within six months from the date of delivery, provided that the Buyer is not acting as a consumer.

V. Rights from Liability for Defects

5.1. If the Seller is liable for a defect in the sold item, the Buyer has the right to demand its removal by repair or replacement, the right to an appropriate discount on the purchase price, or the right to withdraw from the purchase contract.

5.2. The Buyer may refuse to pay the purchase price or part of it until the Seller fulfills its obligations arising from liability for defects, unless the Buyer is in default of payment of the purchase price or part thereof at the time of reporting the defect. The Buyer shall pay the purchase price without undue delay after the Seller fulfills its obligations.

5.3. The Buyer may exercise rights from liability for defects, including the right under section 5.2, only if they notify the Seller of the defect within two months of discovering it, and no later than the period specified in sections 4.1 to 4.3 of this Complaints Procedure.

5.4. The exercise of rights from liability for defects does not exclude the Buyer’s right to compensation for damage resulting from the defect.

VI. Reporting a Defect

6.1. A defect may be reported at any of the Seller’s business premises, at another location designated by the Seller before the contract was concluded or before the order was submitted, or through remote communication methods at the Seller’s registered office or place of business, or at another address specified by the Seller at the time of or after contract conclusion.

6.2. If the Buyer reports a defect via postal mail and the Seller refuses to accept the shipment, the shipment is considered delivered on the day of refusal.

6.3. The Seller shall provide the Buyer with written confirmation of the defect report immediately after the Buyer submits it. In the confirmation, the Seller shall specify the deadline within which the defect will be rectified in accordance with § 507(1) of Act No. 40/1964 Coll. the Civil Code as amended. The period specified must not exceed 30 days from the date of the defect report, unless a longer period is justified due to objective reasons beyond the Seller’s control.

6.4. If the Seller refuses liability for defects, the reasons for the refusal shall be communicated in writing to the Buyer. If the Buyer provides an expert opinion or professional statement issued by an accredited, authorized, or notified body proving the Seller’s liability for the defect, the Buyer may report the defect again, and the Seller may not refuse liability. The provisions of § 621(3) of Act No. 108/2024 Coll. on Consumer Protection and Amendments to Certain Acts as amended do not apply to repeated defect reports. The Buyer’s costs related to the expert opinion and professional statement are subject to § 509(2) of Act No. 40/1964 Coll. the Civil Code as amended.

6.5. If, before concluding the contract, or if the contract is based on the Buyer’s order, before the order is placed, the Seller informed the Buyer that defects may also be reported to another person, the actions or omissions of that person shall be considered as actions or omissions of the Seller for the purpose of liability for defects.

VII. Defect Removal

7.1. The Buyer has the right to choose whether the defect should be removed by replacing the item or repairing it. However, the Buyer cannot choose a method of defect removal that is impossible or would cause the Seller disproportionate costs compared to the alternative method, taking into account all circumstances, especially the value the item would have without the defect, the severity of the defect, and whether the alternative method would cause significant inconvenience to the Buyer.

7.2. The Seller may refuse to remove the defect if neither repair nor replacement is possible or if it would require disproportionate costs considering all circumstances, including those mentioned in clause 7.1.

7.3. The Seller shall repair or replace the item within a reasonable time after the Buyer reports the defect, free of charge, at the Seller's own expense, and without causing significant inconvenience to the Buyer, considering the nature of the item and the purpose for which the Buyer acquired it.

7.4. For the purpose of repair or replacement, the Buyer shall deliver or make the item available to the Seller or a designated person as per § 622(5) of Act No. 108/2024 Coll. on Consumer Protection and Amendments to Certain Acts as amended. The Seller shall bear the costs of receiving the item.

7.5. The Seller shall deliver the repaired or replacement item to the Buyer at their own expense using the same or a similar method by which the Buyer delivered the defective item, unless agreed otherwise. If the Buyer does not collect the item within six months from the date they were supposed to, the Seller may sell it. If the item is of greater value, the Seller shall notify the Buyer in advance about the intended sale and provide them with an additional reasonable period to collect the item. After selling the item, the Seller shall promptly pay the Buyer the proceeds from the sale, deducting the costs incurred for its storage and sale, provided that the Buyer claims their share of the proceeds within the reasonable period specified in the Seller's sale notice. If the item cannot be sold or if the anticipated proceeds from the sale would not be sufficient to cover even the costs of storage and necessary selling expenses, the Seller may dispose of the item at their own expense.

7.6. When removing a defect, the Seller shall ensure the removal of the defective item and the installation of the repaired or replacement item if the repair or replacement requires the removal of the defective item that was installed in accordance with its nature and purpose before the defect occurred. The Seller and Buyer may agree that the Buyer will handle the removal and installation at the Seller's expense and risk.

7.7. When removing a defect by replacing the item, the Seller is not entitled to compensation for damage caused by normal wear and tear or to any payment for the normal use of the item before its replacement.

7.8. The Seller is responsible for defects in the replacement item in accordance with § 619 of Act No. 108/2024 Coll. on Consumer Protection and Amendments to Certain Acts as amended.

7.9. The Buyer has the right to a reasonable discount on the purchase price or may withdraw from the purchase contract without providing an additional reasonable deadline under § 517(1) of Act No. 40/1964 Coll. the Civil Code as amended if:

a) The Seller has neither repaired nor replaced the item.

b) The Seller has neither repaired nor replaced the item in accordance with § 623(4) and (6) of Act No. 108/2024 Coll. on Consumer Protection and Amendments to Certain Acts as amended.

c) The Seller has refused to remove the defect under § 623(2) of Act No. 108/2024 Coll. on Consumer Protection and Amendments to Certain Acts as amended.

d) The item has the same defect despite repair or replacement.

e) The defect is of such a serious nature that it justifies an immediate discount on the purchase price or withdrawal from the purchase contract.

f) The Seller has stated or it is evident from the circumstances that they will not remove the defect within a reasonable period or without causing significant inconvenience to the Buyer.

7.10. The discount on the purchase price must be proportionate to the difference between the value of the sold item and the value the item would have had if it were free of defects.

7.11. The Buyer cannot withdraw from the purchase contract under point 7.9 if they contributed to the occurrence of the defect or if the defect is insignificant. The burden of proof that the Buyer contributed to the defect and that the defect is insignificant lies with the Seller.

7.12. If the contract involves the purchase of multiple items, the Buyer may withdraw from it only in relation to the defective item. The Buyer may withdraw from the contract in relation to the other items only if it is unreasonable to expect them to keep the remaining items without the defective item.

7.13. Upon withdrawal from the contract or part of it, the Buyer shall return the item to the Seller at the Seller's expense. The Seller shall ensure the removal of an item that was installed in accordance with its nature and purpose before the defect occurred. If the Seller does not remove the item within a reasonable period, the Buyer may arrange for its removal and delivery to the Seller at the Seller's expense and risk.

7.14. Upon withdrawal from the contract, the Seller shall refund the Buyer the purchase price no later than 14 days from the date the Buyer returns the item to the Seller or provides proof that they have sent the item back to the Seller, whichever occurs first.

7.15. The Seller shall refund the purchase price to the Buyer or provide a discount on the purchase price using the same payment method the Buyer originally used unless the Buyer expressly agrees to a different method. All costs associated with the refund shall be borne by the Seller.

7.16. The Seller is not entitled to compensation for damage caused by normal wear and tear or to any payment for the regular use of the item before the withdrawal from the purchase contract.

VIII. Liability for Defects in Digital Content

8.1. The Merchant is responsible for any defect in the digital content at the time of its delivery, which becomes apparent within two years of its delivery, provided the digital content is delivered as a one-time provision or as a series of individual provisions.

8.2. The Merchant shall remedy any defect in the digital content within a reasonable period after the consumer reports the defect, free of charge and without causing significant inconvenience to the consumer, taking into account the nature of the digital content and its intended purpose.

8.3. The Merchant may refuse to remedy the defect if it is impossible to do so or if it would entail disproportionate costs considering all circumstances, particularly the value the digital content would have had without the defect and the severity of the defect.

IX. Liability for Service Defects

9.1. The Seller is liable for any defect in the service that exists at the time of its delivery and that becomes apparent within two years of the service being provided.

9.2. When exercising rights arising from liability for defects in the service, the provisions of Article VI of this Complaints Policy shall apply accordingly.

X. Final Provisions

10.1. This Complaints Policy is an integral part of the General Terms and Conditions and the Privacy Policy of this Website. The documents – General Terms and Conditions and the Privacy Policy of this Website – are published on the domain of the Seller’s Website.

10.2. This Complaints Policy is valid and effective from the moment of its publication on the Seller's Website on 04.02.2025.