Terms and conditions

A. Fundamental provision, definitions for the purposes of the Complaints Procedure

1.Through this Complaints Procedure, the seller informs his customers/buyers about the conditions and procedure of making a claim from liability for defects of the product purchased in the online store www.silhouetter.eu.

2. Buyer or customer means any natural person with full legal capacity (consumer), natural person – business entity or legal person with whom the seller has concluded a purchase contract, and who has a claim from liability for defects of the product.

3. Complaint means the procedure of making a claim from liability for defects of the sold product.

4. A settlement of the complaint means the settlement of the complaint procedure by removing the defects of the sold product in one of the ways specified in this Complaint Procedure or by another method of settlement of the complaint procedure.

B. Liability for defects of the product, length of the warranty period

1. The seller is responsible for defects that the sold product has when it is received by the buyer. The seller is responsible that the sold product at the time of its receipt by the buyer:

-has the quality and properties that were agreed upon between the seller and the buyer, that the seller describes, or that the buyer can expect considering the nature and characteristics of the product and also based on advertising,

-is in the corresponding quantity, measure, and weight,

-meets the requirements determined by generally binding legal regulations.

1. The difference in colour shades in reality and on electronic devices cannot be considered as a defect of the product.

3. When selling the product to a buyer who has the status of consumer, the seller is responsible for defects that the sold product has at the time of its receipt by the buyer and for defects that occur after the receipt of the product during the legal warranty period, the length of which is 24 months.

4. When selling the product to a buyer who has the status of a business entity within the framework of commercial relations, the seller is responsible for defects that the sold product has at the time of its receipt by the buyer and for defects that occur after the receipt of the product during the contractual warranty period, the length of which is in accordance with this Complaints Procedure 24 months.

5. In a case, that the length of the warranty period stated on the product, on its packaging, in advertising, or on the warranty certificate issued by the seller, exceeds the length of the warranty period specified in section B. point 3 or 4 of this Complaints Procedure, the warranty period will not end before the expiration of the period specified on the product or its accessories.

6. Upon the buyer´s request, the seller is obliged to provide a warranty in writing (warranty certificate). If the nature of the product allows it, it is sufficient to issue a proof of purchase instead of a warranty certificate.

7. The warranty period starts from the day when the buyer receives the product.

C. Making a claim from liability for defects of the sold product

1. Conditions for making a claim from liability for defects of the sold product that the buyer needs to fulfil:

-The product was installed correctly, properly used, stored, and maintained in a way appropriate to the nature of the product.

-There was no unauthorized or unprofessional modification to the product.

-After the risk of damage to the goods has passed to the buyer, the defect of the product was not caused by any unforeseeable or unavoidable event or by the seller or persons with whom the seller fulfilled his obligation.

-It is not a defect of the product sold for a lower purchase price, for which such a lower purchase price was negotiated.

-When making a claim from liability for defects of the sold product, the buyer is obliged to present the original proof of purchase for the product or to prove in another eligible way that the product was purchased from the seller. At the same time, he is obliged to present the warranty certificate, if it was given to him when purchasing the product. All documents must be legible, correctly, and completely filled out.

-The buyer is obliged to provide the seller with the necessary cooperation while filling in the complaint form and to sign the complaint form as his expression of approval. At the same time, the buyer is obliged to provide the necessary cooperation to verify the existence of the defect and to remove it, and therefore the buyer is obliged to properly deliver the product, including all its parts and accessories, to the seller.

2. The buyer can make a claim from the liability for defects of the sold product directly with the seller, in the following way:

a)First of all, the buyer is obliged to inform the seller that he would like to make a claim from the liability for defects of the product purchased from the seller, either by a letter sent to the seller´s postal address: TOMSTRA, s. r. o., Rozkvet 2045/90, 017 01 Povazska Bystrica, Slovak Republic or via email sent to: info@silhouette.eu.

b) After the buyer´s letter or e-mail according to the previous paragraph has been delivered to the seller, the seller will send the buyer a complaint form together with instructions for filling it via e-mail. In the complaint form, the buyer fills in his personal and contact information, information about the complained product, about its defects, and his choice of claim from the liability for defects of the sold product. The buyer signs the complaint form and sends it back to the seller as a scan attached to an e-mail or as a letter sent to the seller´s postal address.

c) The seller confirms the receipt of the complaint form with his signature and immediately sends it over to the buyer as a scan attached to an e-mail.

d) The seller will inform the buyer about the particular complaint procedure via e-mail.

e) After the settlement of the complaint procedure, the seller informs the buyer about the method of settlement of the complaint and, as a scan attached to an e-mail, also sends to the buyer the signed complaint form with the completed section "Seller´s statement on the method of settlement of the complaint". Alternatively, the seller can inform the buyer about the method of settlement of the complaint by a letter containing a written notice.

D. Methods of settlement of the complaint

1. If the buyer is a consumer, the complaint can be settled in one of the following ways according to the Slovak Civil Code:

-If it is a defect that can be removed, the buyer – consumer has the right to its prompt, free, and proper removal. The seller decides on the method of the defect removal and is obliged to remove the defect without undue delay either personally or through an authorized person.

-The buyer – consumer can demand the product replacement instead of the removal of its defect, or if the defect affects only a part of the product, he can demand the replacement of this part, if this does not cause unreasonable costs to the seller considering the price of the product and the severity of the defect.

-The seller can always replace the defective product with a faultless one instead of removal its defects if this does not cause serious difficulties for the buyer – consumer.

-If it is a defect that cannot be removed and which prevents the product from being properly used as a product without a defect, the buyer – consumer has the right to the product replacement or has the right to withdraw from the purchase contract. The same rights belong to the buyer – consumer, if the defect of the product can be removed, but the buyer cannot properly use the product due to the reappearance of the defect after its repair or due to a larger number of defects. The reappearance of the defect means a situation when the same defect occurs for the third time after its two previous repairs.

-If it is the defect that cannot be removed which does not prevent the product from being properly used, the buyer – consumer is entitled to an appropriate discount on the purchase price.

-In a case, that the seller does not settle the complaint within 30 days, the buyer – consumer has the same rights as if it were a defect that cannot be removed.

-If the product sold for a lower purchase price has a defect for which the seller is liable, the buyer – consumer is entitled to an appropriate discount on the purchase price instead of a product replacement.

-If the buyer – consumer has a right to a product replacement or to withdraw from the purchase contract, the choice of one of these rights belongs to the buyer – consumer. 

2. If the buyer is a business entity and by the delivery of the defective product was the purchase contract violated substantially, the buyer – business entity is entitled to:

-demand defects removal by a product replacement, demand delivery of a missing product or its part, and demand also removal of legal defects,

-demand defects removal by product repair, if the defects are suitable for repair,

-demand an appropriate discount on the purchase price,

-withdraw from the purchase contract.

a) The choice of these claims from the liability for defects of the sold product belongs to the buyer – business entity only if he informs the seller about his choice of claim in a promptly sent notification or without undue delay after this notification. The buyer – business entity cannot change the chosen claim without the seller´s consent. Otherwise, he has the same claims (rights) from the liability for defects of the sold product as in the case of an insignificant violation of the purchase contract.

b) However, if it turns out that the defects of the product are not suitable for repair or that their repair is associated with high or unreasonable costs, the buyer – business entity can demand a product replacement if he asks the seller for product replacement without undue delay after the seller has notified the buyer about this fact regarding the product repair.

c) If the seller does not remove the defects of the product within a reasonable additional period or if he informs the buyer before the expiration of this period that he will not remove the defects, the buyer – business entity has the right to withdraw from the purchase contract or demand an appropriate discount on the purchase price.

d) For the purposes of this Complaints Procedure, a substantial violation of the purchase contract means a breach of the purchase contract, of which the breaching party already knew or must have known at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen this breach.

3. If the buyer is a business entity and by the delivery of the defective product was the purchase contract violated insignificantly, the buyer – business entity is entitled to demand:

-delivery of a missing product or its part and removal of product other defects,

-discount on the purchase price.

a) If the buyer – business entity demands the product´s defects removal, he cannot make other claims from the liability for defects of the sold product before the expiration of a reasonable additional period designated for the defects removal. If the seller does not remove the defects of the product within this period, the buyer – business entity is entitled to claim a discount on the purchase price or withdraw from the purchase contract, but he must notify the seller in advance.

b) If the buyer – business entity does not claim a discount on the purchase price or does not withdraw from the purchase contract, the seller is obliged to deliver the missing product or its part. He is obliged to remove other defects, according to his choice, by a product repair or by delivering a product replacement; however, the chosen method of defect removal cannot cause high or unreasonable costs to the buyer – business entity.

c) If delivering a product replacement, the seller is entitled to demand that the buyer – business entity, at his own expense, returns the product that is being replaced to the seller in the same condition in which the seller delivered it to the buyer.

d) The discount on the purchase price corresponds with the difference between the value that the product without any defects should have and the value that the delivered defective product had. The time when the proper fulfillment of the purchase contract should have taken place is decisive for determining the values of the products.

e) All costs incurred during the process of making a claim from the liability for defects of the sold product, including the costs of delivering the product to the seller, are borne by the buyer – business entity.

f) The seller is obliged to settle the complaint filed by the buyer – business entity within a period appropriate to the severity of the product defect and the nature of the claim made by the buyer – business entity. After the settlement of the complaint procedure initiated by the buyer – business entity, the seller is obliged to issue a written document, which is a copy/scan of the complaint form with the completed section "Seller´s statement on the method of settlement of the complaint" or a letter containing a written notice.

4. If the claim from the liability for defects of the sold product was made by the buyer with a delay, the seller is not responsible for any damage, destruction, deterioration of the defect, or any other devaluation of the product as a result of such delayed claim from the liability for defects of the sold product after the due date.

5. Claims from the liability for defects of the sold product, for which the warranty period applies, expire if they are not made within the relevant warranty period.

6. If the buyer is obliged to accept the delivery of the product that was the subject of the complaint procedure regardless of the method of the complaint´s settlement, or if the seller requests from the buyer the acceptance of the product that is being delivered, the buyer is obliged to accept the delivery of the product from the seller at the designated place without undue delay, but no later than within 30 days. If the buyer does not accept the delivery of the product even within 30 days from the day on which his obligation to accept the delivery of the product arose, the undelivered goods are considered to be a subject of the storage contract in accordance with the provisions of § 516 et seq. of Act no 513/1991 Coll. Commercial Code as amended (hereinafter referred to as "Commercial Code"), while the seller acts as a caretaker and the buyer as a depositor. In such a case, the seller is entitled to charge the buyer for the costs incurred for each day of storage that has begun.

E. Exclusions from the seller´s liability for defects

The warranty does not cover:

-normal wear and tear caused by the use of the product,

-damage to the product caused by incorrect installation, or by fall, breakage, hit, or other mechanical damage to the product or its part, by improper use, storage, and maintenance in a manner inappropriate to the nature of the product and its usual purpose of use,

-the product is intended for indoor use, therefore the warranty does not cover damage caused by placing the product outdoors or in other inappropriate conditions, especially damage caused by moisture, excessive sunlight,

-damage to the product caused by force majeure or natural elements,

-damage caused by unprofessional intervention in the product made by the buyer or a third party,

-damage caused by any structural or other modification or repair of the product made by the buyer or a third party,

-product defects if the buyer does not prove that the conditions for making a claim from liability for defects of the sold product listed in section C. of this Complaints Procedure have been met,

-deficiencies in quality or properties that are not a defect of the product,

-damage caused by inadequate or to the nature of the product inappropriate performance of work necessary for the maintenance and cleaning of the product,

-properties or manifestations of the product that will or could be considered a defect in terms of the science or technology progress that occurred during the warranty period.

F. Special conditions for complaints procedure for the buyers – consumers

1. The seller or other business entity designated by the seller for the product repair is obliged to determine the method of the complaint´s settlement depending on the nature and severity of the defect immediately, in difficult cases no later than within 3 working days, in justified cases, especially if the complex mechanical testing of the product is required, within 30 days.

2. The seller is obliged to settle the complaint immediately after determining the method of the complaint´s settlement, but no later than within a period that must not be longer than 30 days from the filing of the complaint. The seller is obliged to issue a written document for a buyer – consumer regarding the settlement of the complaint no later than 30 days from the date when the complaint was filed, which is a copy/scan of the complaint form with the completed section "Seller´s statement on the method of settlement of the complaint" or a letter containing a written notice.

3. In the case of a complaint made within 12 months after the purchase of the product, the seller can settle the complaint by rejecting it only if based on an expert assessment. The cost of the expert assessment, as well as all costs related to the expert assessment, are borne by the seller during the first 12 months from the purchase of the product, regardless of the result of the expert assessment.

4. If a complaint was made after 12 months after the purchase of the product, the seller can settle the complaint by rejecting it even without an expert assessment. If the seller rejects the complaint made 12 months after the purchase of the product, the seller is obliged to inform the buyer – consumer to whom the product can be sent for an expert assessment in accordance with the Consumer Protection Act. An expert assessment for the complaint´s settlement can be made by an expert, authorized, notified, or accredited person, or a designated person. If the buyer – consumer sends the product for the expert assessment and the expert assessment proves that the product has a defect for which the seller is responsible, the buyer – consumer can file the complaint again. The seller cannot reject the claim that has been filed again and must settle it in another way. If the buyer – consumer sends the product for the expert assessment to a person designated by the seller, the costs of the expert assessment, as well as all costs related to the expert assessment, are borne by the seller, regardless of the result of the expert assessment. However, if the buyer – consumer sends the product for the expert assessment to another person than a person designated by the seller, the costs of the expert assessment, as well as all costs related to the expert assessment, are borne by the seller, only if the expert assessment proves the seller´s liability for the product´s defect. However, if the expert assessment proves that the buyer – consumer´s is liable for the product´s defect, then all costs are borne by the buyer – consumer himself.

5. If the buyer – consumer inquiries about the method of the complaint´s settlement:

-before the expiration of the 30 days, the seller can inform the buyer – consumer about the method of the complaint´s settlement,

-after the expiration of the 30 days, the seller must inform the buyer – consumer about the method of the complaint´s settlement and also why his complaint was not settled on time.

IX. ALTERNATIVE RESOLUTION OF CONSUMER DISPUTES

1. Possible disputes between the seller and the buyer - consumer can be resolved in the form of alternative resolution of consumer disputes in accordance with Act no. 391/2015 Coll. on the alternative resolution of consumer disputes and on the amendment of certain laws as amended (hereinafter referred to as the "Act on the Alternative Resolution of Consumer Disputes"). In such a case, the buyer - consumer can contact the subject of alternative dispute resolution, which is, for example, the Slovak Trade Inspection or another authorized legal entity. The complete list of alternative dispute resolution entities is maintained by the Ministry of Economy of the Slovak Republic (https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov- 1).

2. Buyers - consumers are advised to contact the seller directly to resolve the situation.

3. The buyer - the consumer has the right to contact the seller with a request for correction (via e-mail) if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights. If the seller responds negatively to this request or does not respond to it within 30 days of sending it, the consumer has the right to submit a proposal to initiate alternative dispute resolution to the entity of alternative dispute resolution.

4. The buyer - consumer can also file a complaint through the RSO alternative dispute resolution platform, which is available online: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.

5. Alternative dispute resolution can only be used by a consumer - a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession. Alternative dispute resolution applies only to a dispute between a consumer and a seller resulting from a consumer contract or related to a consumer contract. Alternative dispute resolution applies only to contracts concluded at a distance. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed the amount of EUR 20 or the consumer has demonstrably not tried to resolve the dispute by communicating with the seller before submitting the proposal. The ARS entity may demand payment of a fee for starting an alternative dispute resolution from the consumer, up to a maximum of EUR 5 including VAT. The amount of the possible fee is indicated in the list of ARS entities. The costs associated with an alternative resolution of the dispute, which may be, for example, fees for the delivery of documents by post, are borne by each of the parties to the dispute separately.

6. More detailed information on the entire issue can be found in the Act on Alternative Resolution of Consumer Disputes, in Regulation of the European Parliament and the Council of the EU No. 524/2013 on the resolution of consumer disputes online, amending Regulation (EC) no. 2006/2004 and Directive 2009/22/EC (regulation on the resolution of consumer disputes online) and in the Act on consumer protection in the sale of goods

X. FINAL PROVISIONS