Complaint Policy

I.General provisions and definition of terms

a) The seller is responsible for defects in goods in the scope laid down in §622 and §623 of the Act.

b) This complaint policy was prepared in accordance with the Civil Code, as amended (“Act") and applies to all consumer goods (“Goods”) for which the buyer exercises their rights within the warranty period and for which the seller remains responsible for defects in the goods (“Complaint”).

c) The “Seller" is EMMA SLOVAKIA s.r.o. The “Buyer” is the entity who concludes a purchase agreement with the seller for specific goods.

II. Warranty conditions

a) If there are clear defects in the goods, i.e. if the packaging of the goods is clearly damaged at the time of delivery to the buyer, the buyer is authorised not to accept delivery of such goods. In this case, the buyer remains entitled to proper delivery on the part of the seller or a refund of the purchase price, whichever the buyer prefers.

b) The warranty does not cover physical damage to the goods caused by the buyer, the use of the goods in unsuitable or inappropriate conditions, unprofessional handling, or neglect of care of goods. The seller reserves the right not to provide a refund for such goods or to exchange them for other goods.

c) The length of the warranty period is governed by applicable provisions of the Act, with those exceptions defined under the Act.

d) The buyer reserves the right to withdraw from the agreement in all instances stipulated by the Act. Withdrawal with respect to the seller takes effect at the moment the buyer’s written notification of its intent to withdraw from the agreement is delivered to the seller.

e) In the case of withdrawal from the agreement, the agreement is dissolved from its inception and the parties are obliged to return anything that was provided on its basis.

III. Resolving complaints

a) Complaints are reported to the seller’s registered office.

b) Goods will be replaced with new goods if a complaint is determined to be legitimate. If the seller has sold out of the goods at such time, the purchase price will be refunded.

c) The seller shall issue a decision regarding a complaint immediately, or within 30 business days in more complex cases. After expiration of this period, the consumer has the right to withdraw from the agreement or the right to exchange goods for new goods.

d) The seller is obliged to resolve all complaints and terminate the complaint procedure in one of the following ways:

1.) exchange of the goods,

2.) refund of the purchase price of the goods,

3.) payment of an appropriate discount on the price of the goods,

4.) reject the complaint involving the goods in justified instances.

e) When the goods must be sent to the seller, the buyer shall package the goods in suitable packaging to provide suitable protection for the goods and meet the requirements for sending fragile goods, and mark their shipment with appropriate symbols.

f) If the goods involved in a complaint are delivered by post or courier to the company’s establishment at the following address: Sklad DrinkShop, Osloboditeľov 7553, 91101 Trenčín, Slovakia, a responsible person shall accept such goods, inspect the shipment, documentation (invoice, cash register receipt and packaging), and the decisive date with respect to a complaint is the date on which such goods are received from a courier or postal carrier. We recommend you insure all goods that you ship. Cash on delivery shipments will not be accepted.

g) The responsible person is fully responsible for monitoring the complaint period in accordance with relevant provisions of Act No. 250/2007 Coll. on Consumer Protection, and the Civil Code, and for immediately contacting the customer when their complaint is resolved within the period defined by law via email or SMS.

IV. Final provisions

a) For any complaint, the buyer shall contact the seller to file its complaint and then agree with them on the most suitable method for resolving the complaint.

b) This complaint policy takes effect on 17 January 2018. We reserve the right to make changes to the complaint policy.

Warranty

The warranty period for goods is 24 months from the date on which the purchase agreement is concluded, unless a separate warranty period is specified for specific goods, and begins at the moment of receipt of the goods and confirmation of the necessary documents related to the goods by a responsible person. The 24-month warranty period applies to the sale of goods for personal use [§620 (1) of the Civil Code]. If the buyer is an entrepreneur and the goods are purchased for business activities, the warranty period is governed by the manufacturer’s warranty conditions in accordance with §429 (2) of the Commercial Code. For foodstuffs with a defined minimum self-life date, the warranty period is valid until such date. The warranty period is extended by any period during which the buyer could not use the goods due to warranty repairs of the goods.

If goods are exchanged for new goods, the buyer shall receive a document specifying the replaced goods. Any further complaints shall be applied under the original delivery note and this claims record. When goods are replaced, the warranty period begins upon the date of receipt of the new goods, but only applies to these new goods.