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CLAIMS PROCEDURE

For the online store https://www.dgnutrition.sk/

I. General provisions

1.1. This claims procedure 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 when selling goods or providing services on the basis of a distance contract or a contract concluded outside the premises of the Seller 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

Trade name: Muscle Company, s.r.o.
Registered office: Kutuzovova 17, Bratislava - Nové Mesto 831 03, Slovak Republic
Registered in the Commercial Register of the District Court Bratislava III, Section Sro, Insert number 106881/B
ID: 500 054 21
Tax ID: 2120144378
VAT ID: SK2120144378
Bank account: SK90 0900 0000 0050 7849 5851
The Seller is a VAT payer /Value Added Tax/

(hereinafter also “Seller”) and any person who is a Buyer of goods, or services offered by the Seller on the Seller's Web headquarters, and who acts in the position of a consumer in accordance with the provisions of the General Terms and Conditions published on the Seller's Web headquarters, this Complaint Procedure and the relevant laws defining the consumer, in accordance with the valid legislation of the Slovak Republic, in particular laws: Act No. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a distance contract or a contract concluded outside the premises of the Seller as amended, Act No. 250/2007 Coll. on consumer protection as amended and Act No. 40/1964 Coll. Civil Code as amended.

1.3.Email and phone contact for the Seller is:

1.4. The address for sending correspondence, complaints, withdrawal from contracts, etc. is:

  • Muscle Company, s.r.o., Vajnorská 98/B Bratislava - Nové Mesto 831 04 Bratislava, Slovak Republic

1.5. This Claims Procedure regulates the rights and obligations of the Buyer, who is a consumer in enforcing rights from defects in goods (goods) or services in accordance with the concluded distance purchase contract with the Seller through the electronic store of the Seller www.dgnutrition.sk

1.6. The Buyer is any person (natural person or legal entity) who has concluded a purchase contract with the Seller, either through the Seller's web headquarters or other distance 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 Web Headquarters, does not act within the subject of his business activity.

1.8. This claims procedure regulates legal relationships between Buyers who are consumers and the Seller. With the exception stated in point 4.12. of this Claims Procedure (Seller's Declaration of Warranty Period in case the Buyer does not act in the position of a consumer).

1.9. Products (also referred to as “Items” or “Products”) are goods, services that are intended for sale and are also published on the Seller's Web Headquarters.

II. Links

2.1. In relation to the liability of the Seller for defects in goods or services (as well as other legal relationships that may arise from the contractual relationship) with individuals who do not act within the scope of their business activity (consumers), apart from the general provisions of Act No. 40/1964 Coll. Civil Code as amended, special regulations, in particular Act No. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a distance contract or a contract concluded outside the premises of the Seller as amended, and Act No. 250/2007 Coll. on consumer protection, apply.

2.2. Legal relationships arising from the exercise of rights concerning liability for defects between the Seller and the Buyer, who is a legal entity or a natural person conducting business activities, who acts within the scope of their business activity (persons who are not in the position of consumers), are governed by Act No. 513/1991 Coll. Commercial Code as amended. With the exception stated in point 4.12. of this Claims Procedure (Seller's Declaration of Warranty Period in case the Buyer does not act in the position of a consumer).

2.3. In accordance with Section 3(1)(n) of Act No. 102/2014 Coll., the Seller informs the consumer that there are no specific codes of conduct to which the Seller has committed to comply. The term "code of conduct" refers to an agreement or a set of rules defining the conduct of the Seller, who has undertaken to comply with this code of conduct with regard to one or more specific commercial practices or commercial sectors, if not provided by law or other legal regulations or measures of a public authority. The Seller also provides information on how the consumer can become acquainted with or obtain the text of these codes of conduct.

III. Seller's Liability for Product Defects (Goods and Services)

3.1. The Seller is obligated to deliver the item (goods) or service in accordance with the concluded purchase contract, i.e., in the required quality, quantity, and free from defects (factual or legal).

3.2. The Seller is liable for defects in the sold item or service at the time of delivery to the Buyer. If it is not used goods, the Seller is responsible for defects that occur after the item is received within the warranty period (guarantee). The Seller recommends that the Buyer assert defects in goods or services with the Seller without undue delay. In the case of used goods, the Seller is not liable for defects arising from their use or wear and tear. In the case of goods sold at a lower price, the Seller is not liable for defects for which the lower price was agreed upon.

3.3. The Buyer is entitled to inspect the sold item or service before accepting it.

IV. Warranty Period

4.1. Warranty periods start running from the date of the item's or service's receipt by the Buyer. If the purchased item is to be put into operation by a person other than the Seller, the warranty period starts from the day of putting the item into operation, provided that the Buyer ordered the item to be put into operation within three weeks from the date of receipt of the item and duly and timely provided the necessary cooperation for the service to be performed.

4.1.1. The Buyer must assert rights concerning liability for defects in items that quickly deteriorate no later than the day following the purchase; otherwise, the rights shall expire.

4.2. If the item is not one that quickly deteriorates or if it is a used item, the Seller is liable for defects that occur within the warranty period (guarantee) after the item is received. The warranty period is 24 months. If the item, its packaging, or the attached instructions indicate a period for use, the warranty period does not expire before the expiration of this period.

4.3. In the case of used items, the Buyer and the Seller may agree on a shorter warranty period, but not less than 12 months.

4.4. Special regulations establish a warranty period longer than 24 months for items intended for long-term use. The extended warranty period may 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 writing (warranty certificate). If the nature of the item allows it, a purchase receipt will suffice instead of a warranty certificate.

4.6. By issuing a warranty certificate to the Buyer or through advertisements, the Seller may provide a warranty that exceeds the scope of the warranty established by this law. The Seller shall specify the conditions and scope of this warranty in the warranty certificate.

4.7. Warranty periods start running from the date of the item's receipt by the Buyer. If the purchased item is to be put into operation by a person other than the Seller, the warranty period starts from the day of putting the item into operation, provided that the Buyer ordered the item to be put into operation within three weeks from the date of receipt of the item and duly and timely provided the necessary cooperation for the service to be performed.

4.8. If the item is replaced with a new item, the warranty period starts 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 it, the warranty period starts anew for the replaced part from the receipt of the new item. The same applies if a component of the item, for which a warranty was provided, is replaced.

4.10. Rights concerning liability for defects in an item, for which a warranty period applies, expire if they are not asserted within the warranty period.

4.11. The warranty period is extended by the period during which the item was under complaint. Rights concerning defects in the item, for which a warranty period applies, expire if they were not asserted within the warranty period.

4.12. Pursuant to Section 429(2) of Act No. 513/1991 Coll., Commercial Code as amended, the Seller declares that in the case of the warranty period in commercial relationships between the Seller and the Buyer who does not act as a consumer, the Seller assumes the warranty for the quality of goods and services for a duration of 12 months.

Rights concerning liability for defects in items that quickly deteriorate must be asserted by the Buyer no later than on the day following the purchase; otherwise, the rights shall expire.

The warranty period starts running in accordance with Article IV, Point 4.1 of this Claims Procedure.

V. Procedure for Exercising Rights concerning Liability for Defects (Claims)

5.1. The Buyer is entitled to assert rights concerning liability for defects in items, goods, or services at the address: Muscle Company, s.r.o., Vajnorská 98/B Bratislava - Nové Mesto 831 04 Bratislava, Slovak Republic.

The Buyer may always exercise the right to personally assert a claim at any of the Seller's premises where the acceptance of claims is possible due to the nature of the item, or at the Seller's headquarters, or through third parties, such as transport companies, courier services, Slovak Post, etc. The Seller recommends that the Buyer use the Claim Form when asserting a claim. The form is freely accessible on the Seller's website.

When asserting a claim, the Seller recommends that the Buyer provide the invoice, warranty certificate, or other document proving the purchase of the claimed item or service from the Seller. The Buyer is advised to describe the defect of the item or service when asserting a claim.

5.1.1. In the event that the Buyer asserts a claim by means other than in person, the Seller recommends that the Buyer send the item together with a detailed description of the defect and a document proving the purchase of the item from the Seller (e.g., payment receipt, invoice, warranty certificate), in order to expedite the claims process.

5.1.2. The Seller recommends sending the item by registered mail in the case of a claim. The Seller advises against sending the item by cash on delivery, as it will not be accepted by the Seller.

5.1.3. The Seller is obliged to provide the consumer with a confirmation when a claim is asserted. If the claim is asserted through means of distance communication, the Seller is obliged to deliver the confirmation of the claim assertion to the consumer immediately. If immediate delivery of the confirmation is not possible, it must be delivered without undue delay, but no later than together with the document concerning the handling of the claim. The confirmation of the claim assertion does not have to be delivered if the consumer is able to prove the assertion of the claim by other means.

5.1.4. The Seller is obliged to provide a written document concerning the handling of the claim no later than 30 days from the date of asserting the claim, but no later than together with the document concerning the handling of the claim if the deadline for handling the claim started running from the date of the Seller's receipt of the claimed item.

5.1.5. The handling of a claim means the completion of the claims process by delivering a repaired product, exchanging the product, refunding the purchase price of the product, granting a reasonable discount from the price of the product, a written request for the acceptance of performance, or a substantiated refusal of performance.

5.2. The exercise of the claim does not affect the consumer's right to compensation for damages pursuant to special regulations.

5.3. The Seller is obliged to determine the method of handling the claim according to § 2 letter m) of Act No. 250/2007 Coll. in the valid wording (handling the claim means concluding the claims procedure by delivering a repaired product, exchanging the product, refunding the purchase price of the product, granting a reasonable discount from the price of the product, a written request for the acceptance of performance, or a substantiated refusal of performance) immediately, or in complex cases no later than within 3 working days from the date of asserting the claim. In justified cases, especially when complex technical evaluation of the condition of the product or service is required, the handling of the claim must be completed no later than 30 days from the date of asserting the claim. Once the method of handling the claim has been determined, the claim will be handled immediately, or in justified cases, the claim may be handled later; however, the handling of the claim must not take longer than 30 days from the date of asserting the claim. If the acceptance of the claimed item by the Seller occurs on a later day than the day of asserting the claim, the deadlines for handling the claim under this paragraph start running from the day of acceptance of the claimed item by the Seller; but no later than from the moment when the Seller prevents or obstructs the acceptance of the claimed item. After the expiration of the deadline for handling the claim, the consumer has the right to withdraw from the contract or the right to exchange the product (claimed item) for a new product.

5.4. If the consumer asserts a claim for a product during the first 12 months from the date of purchase, the Seller may reject the claim based on an expert assessment only; regardless of the outcome of the expert assessment, the consumer cannot be required to pay the costs of the expert assessment or 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 claim no later than 14 days from the date of handling the claim.

5.5. If the consumer asserts a claim for a product after 12 months from the date of purchase and the Seller rejects it, the person handling the claim is obliged to indicate in the document concerning the handling of the claim to whom the consumer can send the product for an expert assessment. If the product is sent for an expert assessment to the designated person, the Seller bears the costs of the expert assessment, as well as all other purposefully incurred costs related to the expert assessment, regardless of the outcome of the expert assessment. If the consumer proves the liability of the Seller for the defect through the expert assessment, the consumer may assert the claim again; during the expert assessment, the warranty period does not run. The Seller is obliged to reimburse the consumer within 14 days from the date of reasserting the claim for all costs incurred for the expert assessment, as well as all other purposefully incurred costs related to the expert assessment. The reasserted claim cannot be rejected.

5.6. The consumer has the right to reimbursement of necessary costs (in particular, postage costs incurred when sending the claimed goods) related to the exercise of justified rights concerning liability for defects of 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 such withdrawal.

5.7. Requirements of expert assessment in accordance with point 5.4 of this article:

  • a) identification of the person conducting the expert assessment,
  • b) precise identification of the product being assessed,
  • c) description of the condition of the product,
  • d) result of the assessment,
  • e) date of the expert assessment.

5.8. If the nature of the product allows it, the consumer shall deliver the product to the Seller (designated person) when asserting a claim. If the nature of the product does not allow for the delivery of the product to the Seller (designated person), the consumer may request the defect to be rectified at the location where the product is located or agree with the Seller (designated person) on the method of transporting the product when asserting a claim.

5.9. The period from the assertion of the rights concerning liability for defects until the time when the Buyer was obliged to take over the item after the repair is not included in the warranty period. The Seller is obliged to issue a confirmation to the Buyer regarding the date of asserting the rights, as well as the performance of the repair and its duration.

VI. Buyer's Rights when Asserting Rights for Defects

6.1 If the defect is removable, the Buyer has the right for it to be remedied free of charge, in a timely and proper manner. The Seller is obliged to remedy the defect without undue delay.

6.2 The Buyer may request a replacement of the item instead of defect remediation, or, if the defect concerns only a component of the item, a replacement of the component, provided that it does not impose disproportionate costs on the Seller in relation to the price of the goods or the severity of the defect.

6.3 The Seller may always replace the defective item with a non-defective one instead of remedying the defect, unless it would cause significant difficulties for the Buyer.

6.4 If the defect cannot be remedied and it prevents the item from being used properly without defects, the Buyer has the right to request a replacement of the item or the right to withdraw from the contract. The same rights apply to the Buyer if the defects, although removable, prevent the Buyer from properly using the item due to their recurrence after repair or a greater number of defects.

6.5 If there are other non-removable defects, the Buyer has the right to a reasonable price reduction.

VII. Final Provisions

7.1 This Complaint Procedure is an integral part of the General Terms and Conditions and the Principles and Instructions on Personal Data Protection of this Website. The documents - General Terms and Conditions and Principles and Instructions on Personal Data Protection of this Website are published on the domain of the Seller's Website.

7.2 In the event of a change in the Complaint Procedure, the relationship between the Buyer and the Seller is governed by the valid and effective Complaint Procedure at the time of concluding the Purchase Agreement until its termination.

7.3 This Complaint Procedure is valid and effective from the date of its publication on the Seller's Website on 01.07.2023.

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