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Return policy

Article I - General provisions

  • 1. This return policy regulates the procedure for making a complaint about services offered and provided by Tomasik management sro, with its registered office at Ulica Viktora Bilčíka 2841/12, 915 01 Nové Mesto nad Váhom, ID number: 47 985 810, entered in the Commercial Register of the Trenčín District Court, Section .: Ltd., File number: 31090/R.
  • 2. This complaint procedure is binding for both the Provider and the User.
  • 3. With this complaint procedure, the Provider informs the User about the scope, conditions and method of making a complaint, including information on where the complaint can be made.
  • 4. This complaint procedure is placed in a visible place at the Provider's registered office and is published on the Provider's website.
  • 5. The moment of paying the price for the ordered Service, the User declares that he has been acquainted with this complaint procedure.

Article II - Interpretation of terms

  • 1. Provider means the business company Tomasik management sro, with its registered office at Ulica Viktora Bilčíka 2841/12, 915 01 Nové Mesto nad Váhom, ID number: 47 985 810, entered in the Commercial Register of the District Court of Trenčín, Dept.: Sro, File number: 31090/R. (hereinafter referred to as the "Provider").
  • 2. User means a natural person or legal entity who has entered into a contract with the Provider for the provision of a service and who has the right to assert claims for liability for defects (hereinafter referred to as the "User").
  • 3. Consumer means a User (natural person) who uses provided services for personal use or for the needs of members of his household.
  • 4. Service means the services offered by the Provider, the possibility to register on the "Trophy14" portals and present oneself as well as to place advertisements on the "Trophy14" portals and Services related to computer data processing and other related services according to the Provider's business registered in the Commercial Register.
  • 5. Complaint means the exercise of the right of liability for defects in the service provided.
  • 6. Complaint handling means the termination of the complaint procedure by removing the defect of the provided service, exchanging the service for another, refunding the price charged for the provided service, paying a reasonable discount from the price charged for the provided service or reasonably rejecting the complaint.

Article III - Liability for defects

  • 1. The Provider is responsible for ensuring that the service offered to the User meets the requirements for the quality of the offered service in accordance with the nature of the offered service and the concluded contract.
  • 2. The Provider is responsible for defects in the offered services for the period of its provision to the User.

Article IV - Filing of a complaint

  • 1. The user is entitled to file a complaint:
  • -of quality of the service provided,
  • -for the correctness of the price charged for the provided service, if he has reasonable doubts that the invoice for the Service was not issued in accordance with the contract and the Provider's price list.
  • 2. The User must file a complaint with the Provider without any unnecessary delay after discovering a defect in the service provided or an incorrect amount billed, but no later than within 30 days, otherwise the right to make a complaint expires.
  • 3. The User may file a complaint pursuant to point 1 of this Article:
  • a) in writing at the Provider's address,
  • b) by e-mail to the helpdesk
  • The specific contact details of the Provider are published on its website.
  • 4. When making a complaint, the User will write a complaint protocol. In the complaint protocol, the User shall state his identification and contact data (address of residence or registered office, telephone number, e-mail), accurately mark and describe the service defect and the manner in which the defect manifests itself, as well as the time limit when the quality of the service provided has been limited. In the complaint protocol, the User shall further state which of the claims for liability for defects he asserts and how he requests the takeover of the settled complaint (personal collection, sending by post), or other necessary data. In the event of a complaint about the correctness of the billing for the provided Service, the User must also state the accounting period to which the complaint relates.
  • 5. The Provider is not responsible for any incorrect data provided by the User in the complaint and in the inability to deliver documents to the contact address provided by the User.
  • 6. The User shall send the complaint protocol to the Provider by post to the address of the Provider's registered office, or by e-mail to the Provider's address or bring it in person to the Provider's registered office.
  • 7. Making a claim for the correctness of the billed (invoiced) price for the provided service does not have a suspensive effect on the payment, i.e. does not release the User from the obligation to pay the invoice within the due date.
  • 8. The Provider reserves the right not to accept complaints if they have caused a reduction in the quality of the Service
  • a) circumstances excluding liability,
  • b) unprofessional or unauthorized interventions of the User into the settings of the Services or other third parties, to which the User has knowingly or unknowingly allowed, even by his negligent actions, such intervention or
  • c) if the User has filed a complaint after 30 days from the day when he discovered the defect or incorrectness of the bill.
  • 9. The day of the commencement of the complaint procedure is considered to be the day when the User has lodged a complaint with the Provider, i.e. the day when the written complaint is delivered to the Provider in accordance with point 6 of this article. In the event that the claimed complaint does not contain all the required data pursuant to point 4 of this Article, the complaint procedure shall not begin until the day of delivery of all required data. If the User does not complete the missing data even at the request of the Provider, the complaint will be considered as not important.
  • 10. If the Service complained of by the User requires access data (passwords) to the system, the User is obliged to notify the relevant data (passwords) when making a complaint. If he does not do so, the day of the commencement of the complaint procedure will be the day of delivery of the access data by the User.

Article V - Complaint handling

  • 1. Upon personal complaint, the Provider's employee will issue an acceptance protocol to the User, which is a confirmation of receipt (application) of the complaint.
  • 2. When making a complaint by post or via e-mail, the Provider will deliver to the User a confirmation of receipt of the complaint on contact address or e-mail address provided by him; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but latest together with the proof of the complaint; the confirmation of the claim doesn’t need to be delivered if the User has the opportunity to prove the claim in another way.
  • 3. The Provider will investigate the complaint without any further delay after its submission and decides on the method of handling the complaint. After determining the method of handling the complaint, the complaint will be settled immediately, in justified cases, the complaint can be settled later; however, the settlement of the complaint may not take longer than 30 days from the date of its application.
  • 4. After the expiration of the period for handling the complaint specified in point 3 of this article, the User has the right to withdraw from the contract or the right to exchange the service for another.
  • 5. The Provider shall issue an output report on the handling of the complaint to the User, no later than within 30 days from the date of the complaint, which is a confirmation of the handling of the complaint. Along with the handover of the output protocol, the seller will also fulfill his obligation arising from the complaint.
  • 6. The Provider informs the User about handling of the complaint by sending an e-mail message together with the output and possibly also by the acceptance protocol to the e-mail address of the User, in the event that the User has requested the sending of information on the handling of the complaint via e-mail. If the User requests the sending of information by post, the Provider will send the output and if necessary, the acceptance protocol to the contact address of the User specified in the complaint.
  • 7. The Provider is obliged to keep records of complaints and submit them at the request of the supervisory authority for inspection. The record of the complaint must contain data on the date of the complaint, the date and method of handling the complaint and the serial number of the document on the complaint.

Article VI - Methods of handling complaints

  • 1. If a defect occurs on the provided service that can be removed, the User has the right to its free, timely and proper removal. The provider is obliged to eliminate the defect without further delay. The Provider decides on the method of eliminating the defect.
  • 2. The user has the right to withdraw from the concluded contract:
  • a) if the service offered has a defect which cannot be rectified and which prevents the service from being properly used as a defect-free service,
  • b) although the defects are repairable, the User cannot use the service properly due to the recurrence of the defect; a recurrence of a defect is considered to be a condition if the same defect occurs a third time after at least two previous eliminations,
  • c) although the defects are repairable, the User cannot use the service properly due to the large number of defects; at least three different remediable defects, which prevent the proper use of the service, are considered to be a larger number of defects at the same time,
  • d) The Provider will not process the complaint within the 30-day period (in this case, it is considered to be an irreparable defect).
  • 3. In the cases specified in point 2 of this article, the Provider may agree with the User on the handling of the complaint by exchanging the claimed Service for another.
  • 4. If other irreparable defects appear on the offered service, the User is entitled to a reasonable discount on the price of the service.
  • 5. When handling a complaint by providing a discount from the charged (invoiced) price, the nature of the defect, its duration and the possibility of further use of the service will be taken into account. The amount of the provided discount is decided by the manager of the Provider.
  • 6. The Provider will process the complaint and terminate the complaint procedure in one of the following ways:
  • • elimination of a defect in the service provided,
  • • by exchanging the service for another after a prior agreement with the User,
  • • refunding the price paid for the service provided (upon withdrawal from the contract)
  • • by paying a reasonable discount on the price of the service provided,
  • • reasoned rejection of the complaint.
  • 7. In the case of acknowledging a complaint concerning the correctness of the billed amount, the Provider will settle the rightfully claimed price for the service in the next billing period, or periods until the full rightfully claimed price is returned, or agree with the buying User to extend the prepaid period. If the price has been charged (invoiced) for a one-time service, the amount in the amount of the rightfully claimed price will be returned to the buying User.

Article VII - Final provisions

  • 1. This complaint procedure shall enter into force and effect on 26.6.2020
  • 2. The Provider reserves the right to amend these Complaints Rules without prior notice.
  • 3. Supervision of compliance with the obligations of the service Provider in matters of consumer protection in accordance with applicable law is performed by the Slovak Trade Inspection - Central Inspectorate of the Slovak Trade Inspection, address: postal folder 29, Prievozská 32, 827 99 Bratislava 27 and its subordinate local inspectorates.