Complaints Policy

UNITY THREADS s.r.o., Prešovská 45, 821 02 Bratislava, Company ID No.: 55 596 185, VAT ID: 2122 0558 70, registered in the Commercial Register of the Municipal Court Bratislava III, Section Sro, File No. 171 805/B, issues these Complaint Rules in accordance with Section 18 of the Consumer Protection Act. The purpose of the Complaints Procedure is to inform the Consumer about the conditions and method of filing a complaint, including information on where to file a complaint and on the performance of warranty repairs.

These Complaints Procedures apply exclusively to the sale of Goods by the Seller to the Consumer in the online store located at www.cubeshop.sk. These Complaints Procedures do not apply to Goods provided free of charge as part of marketing or other sales promotion campaigns. The Seller’s liability for defects in such Goods is excluded by law.

The Complaints Policy is prominently displayed on the Seller’s online store in the section: https://www.cubeshop.sk/complaints-policy/. The Seller reserves the right to amend these Complaint Rules without prior notice to the Consumer. Any amendment to the Complaint Rules does not apply to complaints regarding Goods purchased prior to its effective date.

These Complaint Rules are valid and effective as of April 15, 2016.

I. Definitions

Capitalized terms used in these Complaint Rules shall have the meanings set forth below:

“Complaint Rules” means these Complaint Rules.

Seller means UNITY THREADS s.r.o., Prešovská 45, 821 02 Bratislava, Company ID No.: 55 596 185, VAT ID: 2122 0558 70, registered in the Commercial Register of the Municipal Court Bratislava III, Section Sro, File No. 171 805/B.

E-shop means the Seller’s online store, which is located on the website www.cubeshop.sk.

“Goods” means any movable item listed on the E-shop that the Seller offers for sale through the E-shop.

“Purchase Price” means the price for the Goods. The Purchase Price is listed inclusive of VAT. The Purchase Price does not include any costs associated with the delivery of the    Goods to the Buyer.

Buyer means any natural person with full legal capacity or legal entity from whom the Seller receives a properly completed Order in accordance with the GTC for the Goods.

Consumer means any natural person who, when concluding and performing the Purchase Agreement on the Buyer’s side, is not acting within the scope of their business activities, employment, or profession.

GTC means the General Terms and Conditions for the Purchase of Goods in the Seller’s Online Store, which govern the rights and obligations related to the purchase of Goods in the online store located on the website www.cubeshop.sk and are an integral part of the Purchase Agreement concluded between the Seller (the operator of the online store) and the Buyer.

An Order means an order form completed by the Buyer and sent to the Seller in the manner specified in Article III of the GTC. The Order contains information about the Goods being ordered and about the Buyer. For the purposes of concluding the Purchase Agreement, the Order is considered a proposal to conclude the Purchase Agreement, and wherever the GTC refer to the Order, they also refer to the proposal to conclude the Purchase Agreement.

The Purchase Agreement means the purchase agreement concluded between the Seller and the Buyer, under which the Seller undertakes to deliver the ordered Goods to the Buyer at the place of destination, and the Buyer undertakes to accept the Goods and pay the Seller the Purchase Price and shipping costs for the ordered Goods. The GTC are an integral part of the Purchase Agreement.

Consumer Agreement means any Purchase Agreement or other agreement, regardless of its legal form, concluded between the Seller and the Consumer.

Commercial Code means Act No. 513/1991 Coll., the Commercial Code, as amended.

The Personal Data Protection Act means Act No. 122/2013 Coll. on the Protection of Personal Data, as amended.

The Consumer Protection Act means Act No. 250/2007 Coll. on Consumer Protection and on the Amendment to Act No. 372/1990 Coll. of the Slovak National Council on Misdemeanors, as amended.

 II. Right to File a Complaint

1. If a defect is found in the purchased Goods, the Consumer has the right to file a complaint. In order to properly assess the filed complaint, it is essential that the Goods subject to the complaint be clean, dry (i.e., textiles, leather, synthetic materials, or other materials from which the Goods are made must not contain water), complete, and in compliance with hygiene regulations and general hygiene principles. Otherwise, the Seller is entitled to refuse to accept the item subject to the complaint.

2. When using the Goods, the Consumer is obligated to comply with the conditions set forth for the use of the Goods in the warranty certificate or in the instructions for use and not to use the Goods in a manner contrary to their intended purpose.

3. If the consumer has filed a complaint within the first 12 months of purchase, the Seller may reject the complaint only on the basis of an expert assessment; regardless of the outcome, all costs shall be borne by the Seller. An expert assessment is an opinion issued by an expert or a statement issued by an authorized, notified, or accredited person, or a statement by a person authorized by the manufacturer to perform warranty repairs (authorized service center). This person is usually listed in the warranty certificate or, where applicable, in the complaint procedure.

III. Where and How to File a Complaint

1. The consumer may file a complaint as follows:

a) at the Seller’s pickup location;

b) by submitting a written, hand-signed complaint sent to the Seller’s registered office address, along with the Goods subject to the complaint, via standard mail or courier. The Seller will not accept purchased Goods sent to them via cash-on-delivery.

c) electronically via the “Return Form” located on the E-shop website in the “Returns” section. The Consumer is also required to immediately submit the claimed Goods to the Seller, along with proof of purchase, either at the pickup location or via postal shipment to the Seller’s registered office address. To link the claimed Goods to the filed complaint, the Consumer shall provide the Seller with their first name, last name, and permanent address upon submission of the claimed Goods. The complaint regarding the Goods is considered filed only after the procedure described in this section has been completed.

The Seller’s registered office address for filing a complaint in the manner specified in subparagraph (b) of the preceding paragraph is UNITY THREADS s.r.o., with the following mailing address: Račianska 3316/70, 831 02 Bratislava, Slovak Republic, email: cubee1@cubeshop.sk.

2. If the Seller accepts the claim, the Seller will reimburse the Consumer for shipping costs.

3. If the warranty certificate designates another person to repair the Goods, who is located at the Seller’s place of business or at a location closer to the Consumer, the Consumer shall exercise the right to have the Goods repaired by the person designated to perform the warranty repair. The person designated to repair the Goods is obligated to perform the repair within the timeframe agreed upon at the time of sale between the Seller and the Consumer.

4. To file a complaint, the Consumer is obligated to present the proof of purchase of the Goods to the Seller along with the Goods subject to the complaint.

IV. Time Limit for Filing a Claim
 

1. The warranty period for filing a claim regarding Goods is 24 months, and 12 months for used Goods. If a shelf life is indicated on the Goods, their packaging, or the accompanying instructions, the warranty period shall not expire before the expiration of that shelf life.

2. The warranty period begins on the day the Consumer takes delivery of the ordered Goods.

3. The period from the filing of a complaint until the time when the Consumer is obligated to take delivery of the Goods following the completion of repairs is not included in the warranty period. If the claimed Goods are replaced, the warranty period shall begin anew upon receipt of the new Goods.

4. Rights arising from liability for defects in the Goods covered by the warranty period shall expire if they are not exercised within the warranty period.

V. Seller’s Liability

 1. The Seller is liable for ensuring that the ordered Goods are free from defects and possess the required quality, dimensions, quantity, or weight, or those specified by law.

 2. The Seller is responsible for ensuring that, at the time of acceptance by the Consumer, the Goods possess the expressly stated or customary characteristics, that they can be used in accordance with the nature and purpose of the Sales Contract or as agreed by the contracting parties, and that the Goods are free from legal defects.

 3. The Seller is liable for defects in the ordered Goods at the time of their acceptance by the Consumer. 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 a defect for which the lower price was agreed upon.

 4. The Seller is not liable for defects in the Goods:

a) for which the Consumer was granted a discount on the Purchase Price,

b) that arose during the warranty period as a result of wear and tear of the Goods, their improper or excessive use, mechanical damage, improper storage, or that were caused by unauthorized tampering.

 5. Upon filing a complaint, the Seller is obligated to issue a confirmation to the Consumer immediately; if this is not possible, it must be delivered to the Consumer without undue delay, but no later than together with the document confirming the resolution of the complaint. If a complaint is filed in the manner specified in Article III, Section 1, Letters b) and c) of the Complaints Procedure, the Seller shall send the Consumer a written confirmation electronically to the email address provided in the complaint or in the Consumer’s user account, or to the Consumer’s mailing address. In the confirmation, the Seller shall state:

- the complaint reference number (for the current calendar year);

- the Consumer’s first name, last name, phone number, and address;

- the name or other designation of the Goods, color, and size of the Goods subject to the complaint;

- the purchase price of the Goods subject to the complaint (if a discount was provided, also the amount of the discount on the Goods subject to the complaint);

- the date of purchase of the Goods (the date the Purchase Agreement was concluded);

- a description of the defect being claimed;

- the Consumer’s request (how the Consumer wishes the claim to be handled);

- the deadline for resolving the complaint, unless the complaint is resolved on the spot at the time it is filed;

- the method of resolving the complaint;

- the signatures of the Consumer and the Seller or an employee authorized by the Seller.

6. If the Consumer files a complaint, the Seller or an employee authorized by the Seller shall inform the Consumer of their rights under Article IX, Sections 10, 11, and 12 of the General Terms and Conditions; based on the Consumer’s decision regarding which of these rights they wish to exercise, the Seller shall immediately determine the method of handling the complaint in accordance with Article VI, Section 1 of the Complaints Procedure, in complex cases, no later than 3 business days from the date the complaint is filed; in justified cases, particularly if a complex technical assessment of the condition of the Goods is required, no later than 30 days from the date the complaint is filed.

 7. Once the method of handling the complaint has been determined, the Seller is obligated to handle the complaint immediately; in justified cases, this may be done later; however, the handling of the complaint must not take longer than 30 days from the date the complaint was filed. Upon expiration of the deadline for resolving the complaint, the Consumer has the right to withdraw from the Purchase Agreement or has the right to exchange the Goods for new Goods.

 8. The Seller is obligated to issue the Consumer a written document confirming the resolution of the complaint no later than 30 days from the date the complaint was filed. The Seller shall send the written document regarding the resolution of the complaint to the Consumer electronically to the email address provided in the complaint or in the Consumer’s user account, or to the Consumer’s mailing address.

VI. Resolution of Complaints

 1. A complaint is considered resolved upon the conclusion of the complaint procedure through the delivery of the repaired Goods, the replacement of the Goods, the refund of the Purchase Price of the Goods, the payment of a reasonable discount on the Purchase Price of the Goods, a written request to accept performance, or a justified rejection of the complaint.

 2. If the Goods have a defect that can be remedied, the Seller shall remedy it free of charge, properly and without undue delay, no later than within 30 days from the date the complaint was filed. The Seller may always, instead of remedying the defect, replace the defective Goods with non-defective ones, provided this does not cause the Consumer significant inconvenience. The Consumer may, instead of having the defect remedied, request replacement of the Goods, or if the defect concerns only a part of the Goods, replacement of that part of the Goods, provided that this does not result in unreasonable costs for the Seller in relation to the price of the Goods or the severity of the defect. Defects that can be remedied are those whose removal (repair) does not impair the appearance, function, or quality of the Goods

 3. If the Goods have a defect that cannot be remedied and that prevents the Goods from being used properly as Goods without a defect, the Consumer has the right to have the Goods replaced or to withdraw from the Purchase Agreement. The Consumer has the same rights even in the case of removable defects if the Consumer cannot properly use the Goods due to the recurrence of the defect after repair or due to a large number of defects. Defects that cannot be properly repaired within the timeframe specified in paragraph 2 of this article and whose removal (repair) would impair the appearance, function, and quality of the Goods may be considered irreparable defects.

 4. In the case of other irreparable defects, the Consumer is entitled to a reasonable discount on the Purchase Price of the Goods.

 5. For Goods purchased by the Consumer from the Seller and labeled as defective or used, the Seller is not liable for defects arising from the use or wear and tear of the Goods. For Goods sold at a lower price, the Seller is not liable for the defect for which the lower price was agreed upon.

 6. If the Consumer fails to pick up the Goods subject to a complaint, the repaired Goods, or the replacement Goods within the specified time limit after the complaint has been resolved, despite the Seller having duly notified the Consumer of the resolution of the complaint in the manner specified in Article V, Section 8 of the Complaints Procedure, the Seller shall request the Buyer, via a registered letter sent to the Buyer’s last known address, to collect such Goods within 30 days of the date of delivery of this request. If the Buyer fails to collect such Goods even within the additional period specified in the preceding sentence, the Seller is entitled to sell such Goods to a third party or otherwise dispose of them. The Seller is also entitled to proceed in this manner if the Buyer fails to accept the Seller’s repeated notice pursuant to the first sentence of this section or if such notice is returned to the Seller as undelivered or undeliverable. The Seller shall maintain separate records of the funds thus obtained, specifying the Buyer’s identification, when and for what value such Goods were sold, and what costs were incurred by the Seller in connection with their disposal. If the Buyer requests that the Seller release such Goods after their sale, the Seller shall inform the Buyer of the sale and, after deducting the costs incurred by the Seller in connection with the sale, shall release the remaining portion of the proceeds from the sale to the Buyer.

 7. The seller is required to maintain a record of complaints (in a complaint log), which must include the complaint record number and the manner in which the complaint was resolved. By signing the complaint record, the consumer confirms the manner in which the complaint was resolved in accordance with this article.

VII. Alternative Dispute Resolution for Consumer Disputes

The consumer has the right to contact the seller with a request for redress if they are dissatisfied with the way the seller handled their complaint or if they believe the seller has violated their rights. If the seller responds negatively to the consumer’s request or fails to respond at all within 30 days of the date of submission, the consumer has the right to file a motion to initiate alternative dispute resolution (hereinafter “ADR”). Only disputes arising from a contract between the seller and the consumer and disputes related to such a contract may be resolved through ADR, with the exception of disputes under Section 1(4) of Act No. 391/2015 Coll. and disputes whose value does not exceed 20 EUR. A request to initiate ADR is submitted to the ADR entity pursuant to Section 3 of the cited Act, using the designated platform or form, a template of which is provided in Annex 1 of the cited Act. The ADR entity may require the consumer to pay a fee for initiating ADR, but not exceeding 5 EUR including VAT. If more than one ADR entity has jurisdiction over the matter, the consumer has the right to choose which one to file the request with. In addition to ADR, the consumer has the right to bring the matter before the competent general or arbitration court. The ADR platform is available at: ec.europa.eu/consumers/odr/index_en.htm