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Complaints Procedure

This is a translation. The Slovak version is legally binding.

COMPLAINTS PROCEDURE

HAVE FUN s.r.o., with its registered office at Družstevná 1/806, 900 23 Viničné, Company ID (IČO): 44 372 159, registered in the Commercial Register of the District Court Bratislava I, Section: Sro, Insert No. 54275/B (hereinafter the “Supplier”), hereby issues this Complaints Procedure pursuant to Act No. 250/2007 Coll. on Consumer Protection and on Amendments to Slovak National Council Act No. 372/1990 Coll. on Offences, as amended, and in accordance with Act No. 40/1964 Coll., the Civil Code, as amended, and Act No. 513/1991 Coll., the Commercial Code, as amended.

I. Complaint

1. A complaint is a submission by the Customer (Purchaser) addressed to the Supplier by which the Customer seeks to hold the Supplier liable for defects in the goods supplied or the service provided by the Supplier, where such defects exist at the time the complaint is made and the Customer requests the Supplier to remedy them. The purpose of a complaint is primarily to have the identified defects remedied.

2. The Customer has the right to make a complaint in particular regarding:

- the quality of the product and goods supplied
- the quality of the service provided,
- the invoicing of the service and goods provided,

(hereinafter the “subject of the complaint”).

3. Making a complaint about an invoice does not release the Customer from the obligation to pay the invoice by its due date.

4. If a submission designated as a complaint does not contain any identification data of the Customer or any designation of the subject of the complaint, such a submission does not constitute a complaint under the Consumer Protection Act.

5. A written request by the Customer to correct formal particulars of an invoice (e.g. an incorrect postal address) is not a subject of complaint.

7. If, while the Supplier is handling a complaint, the Customer informs the Supplier of new facts not relating to the original subject of the complaint, these newly asserted claims shall be considered a new complaint.

II. Conditions and Method of Making a Complaint

1. The Customer may make a complaint:

- in writing to the Supplier's delivery address;
- in person at the Supplier's contact point, which is Družstevná 1/806, 900 23 Viničné

2. The complaint must in particular state:

- identification of the Customer making the complaint (first name, surname or business name of the Customer, or of the person authorised to act on behalf of the Customer, customer number),
- the subject of the complaint (a precise statement of the facts complained of, the reason for the complaint, other facts decisive for handling the complaint together with any documentation and other material facts relevant to the assessment of the complaint), identification data relating to the subject of the complaint,,
- the date of the complaint and the Customer's signature

3. The submission by which the Customer exercises the right to make a complaint must legibly contain

- the Customer's identification data, namely:

a) first name and surname, or business name,
b) permanent residence, or registered office, or place of business of the Customer, including the postcode,
c) Company ID (IČO), if assigned to the Customer,
d) where applicable, the customer number or the number of the contract from which the relationship with the Supplier derives.
e) contact address,

- a precise description of and justification for the complaint, together with any documentation and other material facts relevant to the assessment of the complaint,
- identification data relating to the subject of the complaint,
- in the case of a complaint about the amount invoiced, the identification data of the invoice concerned, together with the variable symbol,

4. If the complaint does not contain the above particulars relating to the subject of the complaint and the Supplier is able to identify the Customer, the Supplier shall request the Customer to supplement the complaint with the necessary data, setting a time limit of not less than 10 days from delivery of the request. If the Customer does not supplement the complaint, it shall be considered unjustified. If the Customer supplements the complaint, the time limit for handling the complaint shall be extended by the period until the Customer provides the necessary information to the Supplier.

5. The warranty covers functional failures of the item caused by a manufacturing defect or cases where the Supplier provided a substandard service. The warranty does not cover defects of the item which, after its acceptance, were caused by:

- natural wear and tear of the item
- failure to observe the rules of use (incorrect operation and maintenance contrary to the operating instructions)
- mechanical damage to the product, including accidental damage
- unprofessional intervention by the Customer
- natural disasters
- operation in an unsuitable environment and damage caused by improper handling

6. The warranty also does not cover:

- goods with an incomplete, damaged or removed serial number or other identification mark
- products with damaged warranty seals, stickers or other protective marks
- consumable parts used up before the end of the warranty applicable to consumer goods
- faults caused by the use of components other than those recommended by the manufacturer or supplier, as well as by repair or modification by persons other than those authorised by the manufacturer or supplier.

7. The Customer may be represented in the complaints procedure by a third party on the basis of a written power of attorney to represent the Customer in the matter of the complaint.

8. The Customer must make a complaint without undue delay after discovering the fault or defect.

9. The Supplier is obliged to accept the complaint and issue the Customer with a confirmation that the complaint has been made. The date on which the complaint is made shall be the day on which the Supplier receives the complaint.

10. The Supplier is obliged to settle the complaint within a maximum of 30 days from the date on which the complaint was made. This time limit shall be extended by 20 days if the cooperation of third parties is required and if the goods or product complained of are sent by the Supplier to the following countries: USA, China, Taiwan and other overseas countries; the Supplier shall inform the Customer in writing of the necessary cooperation of third parties within 30 days of receiving the complaint. The Supplier shall inform the Customer of the need to send the goods complained of to the above countries when confirming receipt of the complaint.

11. The Supplier keeps records of the complaints made.

12. The Supplier is obliged to issue the Customer with a written document on the settlement of the complaint no later than 30 days from the date on which the complaint was made, or within 50 days in cases where the goods or product complained of are sent by the Supplier to the countries listed in point 10 of this Article or where the cooperation of a third party is necessary to assess the Customer's complaint.

III. Collection of the Item Complained Of

1. If, under the provisions of this Complaints Procedure and the relevant applicable legislation, the Customer becomes obliged to collect the item complained of from the Supplier, or if the Supplier requests the Customer to collect the item in accordance with applicable legislation, the Customer shall collect the item from the Supplier at the contact point or at another place agreed with the Supplier without undue delay, but no later than within 5 days of the request to collect the item.

2. If the Customer fails to collect the item complained of in accordance with point 1 of this Article even within 30 days of the date on which the obligation to collect it arose or of the date of delivery of the Supplier's request to collect it, the Supplier shall be entitled to charge a storage fee of €5 per day.

3. If the Customer fails to collect the item complained of within 6 months of the date on which the obligation to collect it arose or of the date of delivery of the Supplier's request to collect it, the Supplier shall have the right to sell the item. If the Supplier knows the Customer's address, it shall inform the Customer of the intended sale in advance. If the uncollected item is sold, the Supplier shall pay the Customer the proceeds of the sale after deducting the storage costs and any other claims against the Customer.

IV. Alternative Dispute Resolution

  1. Dear consumer, if you believe that we have violated your rights, or if you are not satisfied with the way we have handled your complaint, please send your request for redress to our email address: luk@luk.sk

  2. If we reject this request or fail to respond to it within 30 days of it being sent to the above email address, or if you are not satisfied with our solution, you have the right to alternative (out-of-court) dispute resolution under amended Act No. 102/2014 and Act No. 391/2015 on Alternative Consumer Dispute Resolution.

  3. You may submit a petition in the manner specified in Section 12 of Act No. 391/2015 Coll. To submit a petition, you may use the form, a template of which is also available on the website of the competent ministry and of each alternative dispute resolution body.

  4. The list of alternative dispute resolution bodies as of 10 April 2016 is available here: http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s. The consumer has the right to choose which of the listed alternative consumer dispute resolution bodies to approach.

  5. The address for electronic submissions to the Slovak Trade Inspection is ars@soi.sk.

  6. An alternative dispute resolution body may reject a consumer's petition, e.g.:

  • if the quantifiable value of the dispute does not exceed EUR 20;

  • if, in view of all the circumstances, it is clear that alternative dispute resolution could only be conducted with disproportionate effort, and the like.

  1. The consumer may also submit a complaint via the online dispute resolution (ODR) platform, available online at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SK. A consumer living in the EU may submit a complaint there against a trader established in the EU.

  2. The costs associated with alternative dispute resolution shall be borne by each party to the dispute separately, without the possibility of reimbursement.

V. Final Provisions

1. Matters not expressly governed by this Complaints Procedure shall be governed by the provisions of the relevant legislation.
2. This Complaints Procedure enters into force on 1 January 2014.
3. Upon the entry into force of this Complaints Procedure, the previous Complaints Procedure ceases to be valid and effective.
4. The Supplier reserves the right to amend this Complaints Procedure.

Slovak Trade Inspection (SOI) Inspectorate for the Bratislava Region
Prievozská 32, P. O. BOX 5, 820 07 Bratislava 27
Supervision Department
tel. 02/58272 172, 02/58272 104
fax 02/58272 170

These terms are valid from: 1 August 2025

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