Complaints Policy
I. General Provisions
1.1. This Complaints Policy is issued in accordance with Act No. 40/1964 Coll. Civil Code as amended (hereinafter referred to as the “Civil Code”), Act No. 250/2007 Coll. on Consumer Protection as amended (hereinafter referred to as the “Consumer Protection Act”), Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services based on a Distance Contract or a Contract Concluded Outside the Seller’s Business Premises as amended, and Act No. 22/2004 Coll. on Electronic Commerce as amended. It regulates the legal relationship between the Seller, who is:
1.2. The Seller is the company
Business Name: LENOX pharm s. r. o.
Registered Office: LENOX pharm s.r.o., Miloša Janošku 369/13, Štrba 059 38, Slovak Republic
Registered in the Commercial Register of the District Court Prešov, Section Sro, Insert No. 31036/P
Company ID: 47 976 764
Tax ID: 2024167750
VAT ID: SK2024167750
Bank Account: SK41 8330 0000 0029 9368
Permit for the distribution of consumer packaging of alcohol in tax-free circulation: Registration Number: 627332500012
The Seller is a VAT payer /Value Added Tax/
(hereinafter also referred to as the “Seller”) and any person who is a Buyer of goods or services offered by the Seller in the Seller’s Online Store, and who acts as a consumer in accordance with the provisions of the General Terms and Conditions published in the Seller’s online store, this Complaints Policy, and the relevant laws defining a consumer, in accordance with the valid legislation of the Slovak Republic, especially the following acts: Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services based on 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, and Act No. 40/1964 Coll. Civil Code as amended.
1.3. The Seller’s email and telephone contact is:
Email: info@moristrade.com
Phone No.: +421 908 777 390
1.4. The address for sending correspondence, complaints, contract withdrawals, etc. is:
LENOX pharm s.r.o., Miloša Janošku 369/13, Štrba 059 38, Slovak Republic
1.5. This Complaints Policy regulates the rights and obligations of the Buyer, who is a consumer, when asserting rights arising from defects in goods or services in accordance with a distance purchase contract concluded with the Seller through the Seller’s online store www.moristrade.com
1.6. A Buyer is any person (natural person or legal entity) who has placed an order through the electronic order form using the Seller’s website, or by other remote communication means.
1.7. A consumer is a Buyer who is a natural person and who, when concluding a purchase contract through the Seller’s Online Store, is not acting within the scope of their business activity.
1.8. This Complaints Policy regulates the legal relationships between Buyers who are consumers and the Seller. With the exception stated in point 4.12. of this Complaints Policy (Seller’s declaration on the warranty period if the Buyer is not acting as a consumer).
1.9. Products (hereinafter also referred to as “Items”) are goods, services, and electronic content not supplied on a tangible medium, which are intended for sale and are published in the Seller’s Online Store.
II. References
2.1. Relationships concerning the Seller’s liability for defects in goods or services (as well as other legal relationships that may arise from the contractual relationship) with natural persons who, when concluding a purchase contract, are not acting within the scope of their business activity (consumers), are governed not only by the general provisions of Act No. 40/1964 Coll. Civil Code as amended, but also by special regulations, in particular Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services based on a Distance Contract or a Contract Concluded Outside the Seller’s Business Premises, and Act No. 250/2007 Coll. on Consumer Protection.
2.2. Legal relationships arising from the assertion of rights from liability for defects between the Seller and a Buyer who is a legal entity or a natural person entrepreneur acting within the scope of their business activity /persons who are not in the position of a consumer/ are governed by Act No. 513/1991 Coll. Commercial Code as amended. With the exception stated in point 4.12. of this Complaints Policy (Seller’s declaration on the warranty period if the Buyer is not acting as a consumer).
2.3. Pursuant to §3, par. 1, letter n) of Act No. 102/2014 Coll., the Seller informs the consumer that there are no special relevant codes of conduct to which the Seller has committed to adhere, where a code of conduct means an agreement or a set of rules defining the behavior of the seller who has committed to comply with this code of conduct in relation to one or more specific business practices or business sectors, if these are not established by law, or other legal regulation or measure of a public administration body), which the seller has committed to comply with, and on how the consumer can familiarize themselves with them or obtain their wording.
III. Seller’s Liability for Product Defects (Goods and Services)
3.1. The Seller is obliged to deliver the item (goods) or service in accordance with the concluded purchase contract, i.e., in the required quality, quantity, and without defects (factual, legal).
3.2. The Seller is responsible for defects that the sold item or service has upon receipt by the Buyer. Unless it concerns used items, the Seller is responsible for defects that appear after the item is received within the warranty period (warranty). The Seller recommends that the Buyer claim defects in goods or services from the Seller without undue delay. For used items, the Seller is not responsible for defects arising from their use or wear and tear. For items sold at a lower price, the Seller is not responsible for the defect for which the lower price was agreed.
3.3. The Buyer is entitled to inspect the sold item or service before taking receipt.
IV. Warranty Period
4.1. The warranty period is 24 months. The warranty period for a used item is 12 months. Warranty periods begin from the date of receipt of the item or service by the Buyer.
4.1.1. Rights arising from liability for defects in perishable goods must be asserted by the Buyer no later than the day following the purchase; otherwise, these rights shall expire.
4.1.2. The warranty period for consumer goods is 24 months. However, if an expiration date is indicated on the goods, the period is shortened only until the date marked on the product packaging.
4.1.3. For food products where a best-before date is indicated, the warranty period is valid until this date.
4.2. Unless it concerns perishable goods or used items, the Seller is responsible for defects that appear after the item is received within the warranty period (warranty). The warranty period is 24 months. If a period of use is indicated on the sold item, its packaging, or the attached instructions, the warranty period shall not end before the expiry of this period.
4.3. In the case of a used item, the Buyer and the Seller may agree on a shorter warranty period, but not shorter than 12 months.
4.4. For items intended for long-term use, special regulations stipulate a warranty period longer than 24 months. A warranty period exceeding 24 months may also apply to only a specific component of the item.
4.5. Upon the Buyer’s request, the Seller is obliged to provide a warranty in written form (warranty certificate). If the nature of the item allows, a proof of purchase may suffice instead of a warranty certificate.
4.6. By a declaration in the warranty certificate issued to the Buyer or in an advertisement, the Seller may provide a warranty exceeding the scope of the warranty stipulated by this Act. In the warranty certificate, the Seller shall specify the terms and scope of this warranty.
4.7. Warranty periods begin from the date of receipt of the item by the Buyer. If the purchased item is to be put into operation by a different entrepreneur than the Seller, the warranty period shall begin only from the date the item is put into operation, provided that the Buyer ordered the commissioning no later than three weeks from the receipt of the item and duly and timely provided the necessary cooperation for the service.
4.8. If an item is replaced with a new one, the warranty period shall begin anew from the receipt of the new item.
4.9. If a part of a new item is replaced, where the nature of the item allows. For the said part, the warranty period shall begin anew from the receipt of the new item. The same applies if a component of an item for which a warranty was provided is replaced.
4.10. Rights arising from liability for defects in an item, for which a warranty period applies, shall expire if not asserted within the warranty period.
4.11. The warranty period is extended by the period during which the goods were under complaint. Rights arising from liability for defects in goods, for which a warranty period applies, shall expire if not asserted within the warranty period.
4.12. Pursuant to § 429, par. 2 of Act No. 513/1991 Coll. Commercial Code as amended, the Seller declares that regarding the length of the warranty period in business relationships between the Seller and a Buyer who is not acting as a consumer, the Seller assumes a warranty for the quality of goods for a period of 12 months. The warranty period begins to run in accordance with the provision of Article IV, point 4.1 of this Complaints Policy.
V. Procedure for Asserting Rights from Liability for Defects (Complaint)
5.1. The Buyer is entitled to assert rights arising from liability for defects in an item, goods, or service at the address: LENOX pharm s.r.o. Miloša Janošku 369/13, Štrba 059 38, Slovak Republic
The Buyer may always exercise the right to personally submit a complaint at any of the Seller’s establishments where the acceptance of a complaint is possible given the nature of the item, or at the Seller’s registered office, or through third parties such as shipping companies, courier companies, Slovak Post, etc. The Seller recommends that Buyers use this Complaint Form to submit a complaint.
When making a complaint, the Seller recommends that the Buyer provide an invoice, warranty certificate, or other document proving the purchase of the complained goods or service from the Seller. The Seller recommends that the Buyer describe the defect of the goods or service when submitting a complaint.
5.1.1. If the Buyer complains about goods or services other than in person, the Seller recommends that the Buyer send the goods along with a detailed description of the defect and a document proving the purchase of the goods from the Seller (e.g., proof of payment, invoice, warranty certificate), in order to expedite the complaint process.
5.1.2. In case of a complaint, we recommend sending the goods by registered mail. The Seller recommends not sending goods via cash on delivery, as it will not be accepted by the Seller.
5.1.3. Upon receiving a complaint, the Seller is obliged to issue a confirmation to the consumer. If the complaint is submitted via remote communication means, the Seller is obliged to deliver the confirmation of the complaint submission to the consumer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the document on the complaint resolution; the confirmation of the complaint submission does not have to be delivered if the consumer has the possibility to prove the submission of the complaint by other means.
5.1.4. The Seller is obliged to issue a written document regarding the complaint resolution no later than 30 days from the date of the complaint submission, but no later than together with the document on the complaint resolution, if the period for its resolution began from the date of receipt of the subject of the complaint by the seller.
5.2. The resolution of a complaint does not affect the consumer’s right to compensation for damages according to a special regulation.
5.3. The Seller is obliged to determine the method of complaint resolution according to § 2 letter m) of Act No. 250/2007 Coll. as amended (complaint resolution means the termination of the complaint procedure by handing over the repaired product, exchanging the product, refunding the purchase price of the product, paying a reasonable discount on the product price, a written request for performance acceptance, or its justified rejection) immediately, in complex cases no later than 3 working days from the date of the complaint submission, in justified cases, especially if a complex technical assessment of the product or service condition is required, no later than 30 days from the date of the complaint submission. After determining the method of complaint resolution, the complaint shall be resolved immediately; in justified cases, the complaint may be resolved later; however, the resolution of the complaint must not take longer than 30 days from the date of the complaint submission. If the Seller takes receipt of the subject of the complaint on a later date than the date of the complaint submission, the deadlines for complaint resolution according to this paragraph shall begin from the date of receipt of the subject of the complaint by the Seller; however, no later than from the moment the Seller makes it impossible or prevents the receipt of the subject of the complaint. After the expiry of the complaint resolution period, the consumer has the right to withdraw from the contract or has the right to exchange the product (subject of the complaint) for a new product.
5.4. If the consumer submitted a product complaint during the first 12 months from the purchase, the Seller may resolve the complaint by rejection only on the basis of an expert assessment; regardless of the outcome of the expert assessment, the consumer cannot be required to pay the costs of the expert assessment or any other costs related to the expert assessment. The Seller is obliged to provide the consumer with a copy of the expert assessment justifying the rejection of the complaint no later than 14 days from the date of the complaint resolution.
5.5. If the consumer submitted a product complaint after 12 months from the purchase and the Seller rejected it, the person who resolved the complaint is obliged to state in the complaint resolution document to whom the consumer can send the product for expert assessment. If the product is sent for expert assessment to the designated person, the costs of the expert assessment, as well as all other related reasonably incurred costs, shall be borne by the Seller regardless of the outcome of the expert assessment. If the consumer proves the Seller’s responsibility for the defect through an expert assessment, they may resubmit the complaint; the warranty period does not run during the expert assessment. The Seller is obliged to reimburse the consumer within 14 days from the date of resubmission of the complaint for all costs incurred for the expert assessment, as well as all related reasonably incurred costs. A resubmitted complaint cannot be rejected.
5.6. The consumer has the right to reimbursement of necessary costs (especially postage paid when sending the complained goods) incurred in connection with the assertion of legitimate rights arising from liability for defects in goods and services. In the event of withdrawal from the contract due to a defect in the item or service, the consumer also has the right to reimbursement of costs related to this withdrawal.
5.7. Requirements for expert assessment in accordance with point 5.4 of this article:
The expert assessment must contain:
a) identification of the person performing the expert assessment,
b) precise identification of the product being assessed,
c) description of the product’s condition,
d) result of the assessment,
e) date of the expert assessment.
5.8. If the nature of the product allows, the consumer shall hand over the product to the Seller (designated person) when submitting a complaint. If the nature of the product does not allow delivery of the product to the Seller (designated person), the consumer may, when submitting a complaint, request the removal of the defect at the location where the product is situated or agree with the Seller (designated person) on the method of transporting the product.
5.9. The period from the assertion of the right from liability for defects until the time when the Buyer was obliged to take receipt of the item after the repair is completed, is not counted towards the warranty period. The Seller is obliged to issue the Buyer a confirmation of when the right was asserted, as well as of the repair performed and its duration.
VI. Buyer’s Rights when Asserting Rights from Liability for Defects
6.1. If it is a removable defect, the Buyer has the right to have it removed free of charge, in a timely and proper manner. The Seller is obliged to remove the defect without undue delay.
6.2. Instead of removing the defect, the Buyer may demand the exchange of the item, or if the defect concerns only a part of the item, the exchange of the part, provided that this does not incur disproportionate costs for the Seller considering the price of the goods or the severity of the defect.
6.3. The Seller may always, instead of removing the defect, replace the defective item with a faultless one, if this does not cause significant difficulties for the Buyer.
6.4. If it is a defect that cannot be removed and which prevents the item from being properly used as an item without defects, the Buyer has the right to exchange the item or has the right to withdraw from the contract. The same rights belong to the Buyer if the defects are removable, but the Buyer cannot properly use the item due to the repeated occurrence of the defect after repair or due to a larger number of defects.
6.5. If it concerns other irremovable defects, the Buyer has the right to a reasonable discount on the price of the item.
VII. Final Provisions
7.1. This Complaints Policy forms an integral part of the General Terms and Conditions and the Principles and Information on Personal Data Protection of this online store. The documents – General Terms and Conditions and Principles and Information on Personal Data Protection of this online store are published on the Seller’s Online Store domain.
7.2. In the event of a change in the Complaints Policy, the relationship between the Buyer and the Seller shall be governed by the Complaints Policy valid and effective at the time of concluding the Purchase Agreement, until its termination.
7.3. This Complaints Policy is valid and effective from the moment of its publication in the Seller’s Online Store on February 15, 2021.
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