COMPLAINTS PROCEDURE

I. General Provisions

1.1. This Complaints Procedure is issued in accordance with Act No. 40/1964 Coll., the 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 in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Business Premises, as amended, and Act No. 22/2004 Coll. on Electronic Commerce, as amended. It governs the legal relationship between the Seller and the Buyer.

1.2. The Seller is:

Business Name: Akadémia Urgentnej Medicíny - Academy of Emergency Medicine

Registered Office: 900 53, Pernek 141, Slovak Republic

Registered in the register of Non-Governmental Non-Profit Organizations maintained by the Ministry of Interior, Registration Number: VVS/1-900/90-44267

Company ID/CIN: 42364639

Tax ID/TIN: 2024131285

Bank Account: SK47 0900 0000 0051 5117 6882

The Seller is not a VAT payer (Value Added Tax)

(hereinafter also referred to as the "Seller") and any person who is a Buyer of services offered by the Seller in the Seller's Online Store and who acts in the position of a Consumer within the meaning of the General Terms and Conditions published in the Seller's Online Store, this Complaints Procedure, and the relevant laws defining a Consumer, in accordance with the applicable legislation of the Slovak Republic, in particular: Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Business Premises, as amended; Act No. 250/2007 Coll. on Consumer Protection, as amended; and Act No. 40/1964 Coll., the Civil Code, as amended.

1.3. The email and telephone contact details of the Seller are:

Email: store@academyofemergencymedicine.sk

Tel.: +421903740712

1.4. The address for sending correspondence, complaints, withdrawals from contracts, and similar communications is:

Akadémia Urgentnej Medicíny - Academy of Emergency Medicine, 900 53, Pernek 141, Slovak Republic

1.5. This Complaints Procedure governs the rights and obligations of the Buyer who is a Consumer when exercising rights arising from defects in services pursuant to a distance purchase contract concluded with the Seller through the Seller's Online Store.

1.6. A Buyer is any person (natural person or legal entity) who has submitted an order via the electronic order form using the Seller's website or by other means of distance communication.

1.7. A Consumer is a Buyer who is a natural person and who, when concluding a purchase contract through the Seller's Online Store, does not act within the scope of their business activity.

1.8. This Complaints Procedure regulates the legal relationships between Buyers who are Consumers and the Seller.

1.9. The term "Products" shall also include services provided by the Seller through the electronic commerce platform.

II. References

2.1. Legal relationships arising from the Seller's liability for defects in goods or services (as well as other legal relationships arising from the contractual relationship) with natural persons who, when concluding a purchase contract, do not act within the scope of their business activity (Consumers), shall be governed, in addition to the general provisions of Act No. 40/1964 Coll., the Civil Code, as amended, also by special legislation, in particular Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Business Premises, and Act No. 250/2007 Coll. on Consumer Protection, as amended.

2.2. Legal relationships arising from the exercise of rights resulting from liability for defects between the Seller and a Buyer who is a legal entity or a natural person – entrepreneur acting within the scope of their business activity (i.e. persons not acting in the capacity of a Consumer), shall be governed by Act No. 513/1991 Coll., the Commercial Code, as amended, except as provided in point 4.14 of this Complaints Procedure (Statement on Warranty Period in the Event that the Buyer does not act in the capacity of a Consumer).

2.3. Pursuant to § 3(1)(n) of Act No. 102/2014 Coll., the Seller hereby informs the Consumer that there are no specific codes of conduct to which the Seller has committed to adhere. For the purposes of this provision, a code of conduct shall mean an agreement or a set of rules defining the conduct of the Seller, who has undertaken to comply with such code of conduct in relation to one or more specific commercial practices or sectors, where such rules are not laid down by law, another legal regulation, or a measure of a public authority, and including information on the manner in which the Consumer may become acquainted with or obtain the text thereof.

III. Seller's Liability for Defects in Products (Services)

3.1. The Seller shall be obliged to deliver the goods or provide the service in accordance with the concluded purchase contract, i.e. in the required quality and quantity and free from defects (both factual and legal).

3.2. The Seller shall be liable for defects which the sold goods or service have at the time of acceptance by the Buyer. Unless the goods are used goods, the Seller shall also be liable for defects that occur after acceptance of the goods during the warranty period (warranty). The Seller recommends that the Buyer assert defects in services with the Seller without undue delay. In the case of used goods, the Seller shall not be liable for defects arising from their use or wear and tear. In the case of goods sold at a reduced price, the Seller shall not be liable for defects for which a lower price was agreed.

3.3. The Buyer shall be entitled to inspect the goods or service prior to acceptance.

IV. Warranty Period

4.1. The warranty period shall be 24 months. In the case of used goods, the warranty period shall be 12 months. The warranty period shall commence on the date of acceptance of the goods or service by the Buyer.

4.2. Unless the goods are perishable or used goods, the Seller shall be liable for defects that occur after acceptance of the goods during the warranty period (warranty). The warranty period shall be 24 months. If a period of use is indicated on the goods sold, on their packaging, or in the instructions attached thereto, the warranty period shall not expire before the expiry of such indicated period.

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

4.4. For goods intended to be used over a longer period of time, special regulations may provide for a warranty period longer than 24 months. A warranty period exceeding 24 months may apply only to a specific component of the goods.

4.5. At the request of the Buyer, the Seller shall be obliged to provide the warranty in written form (warranty certificate). If the nature of the goods permits, a proof of purchase may be issued instead of a warranty certificate.

4.6. By means of a statement in the warranty certificate issued to the Buyer or in advertising, the Seller may provide a warranty exceeding the scope of the warranty established by law. In the warranty certificate, the Seller shall specify the conditions and scope of such warranty.

4.7. The warranty period shall commence upon acceptance of the goods by the Buyer. If the purchased goods are to be put into operation by an entrepreneur other than the Seller, the warranty period shall commence on the date the goods are put into operation, provided that the Buyer ordered such commissioning no later than three weeks after acceptance of the goods and duly and timely provided the necessary cooperation for the performance of the service.

4.8. In the event of replacement with new goods, the warranty period shall commence again from the date of acceptance of the new goods.

4.9. In the event of replacement of a component of new goods, where the nature of the goods so permits, the warranty period for the replaced component shall commence again from the date of acceptance of the new goods.

4.10. Rights arising from liability for defects in goods subject to a warranty period shall lapse if they are not exercised within the warranty period.

4.11. The warranty period shall be extended by the period during which the goods were under complaint proceedings. Rights arising from liability for defects in goods subject to a warranty period shall lapse if they are not exercised within the warranty period.

4.12. Where the Buyer is a Consumer, complaints within the statutory warranty period shall be governed by Act No. 40/1964 Coll., the Civil Code, and Act No. 250/2007 Coll. on Consumer Protection, both as amended and in force, taking into account the clarifications set out in this Complaints Procedure.

V. Procedure for Exercising Rights Arising from Liability for Defects (Complaint)

5.1. The Buyer is entitled to exercise rights arising from liability for defects in services at the following address: Akadémia Urgentnej Medicíny - Academy of Emergency Medicine, 900 53, Pernek 141, Slovak Republic. The Buyer may also exercise the right to lodge a complaint in person at any of the Seller's business premises where acceptance of a complaint is possible with regard to the nature of the goods or service, at the Seller's registered office, or through third parties, e.g. courier companies, parcel delivery companies, Slovak Post, etc.

5.1.1. When lodging a complaint, the Seller recommends that the Buyer submit an invoice, warranty certificate, or other document proving the purchase of the complained service from the Seller. The Seller further recommends that the Buyer describe the defect of the service when lodging the complaint.

5.1.2. Upon lodging a complaint, the Seller shall be obliged to issue the Consumer a confirmation thereof. If the complaint is lodged by means of distance communication, the Seller shall be obliged to deliver the confirmation of the complaint immediately; if it is not possible to deliver the confirmation immediately, it shall be delivered without undue delay, but no later than together with the document on the handling of the complaint. The confirmation of the complaint need not be delivered if the Consumer is able to prove the lodging of the complaint by other means.

5.1.3. The Seller shall be obliged to issue a written document on the handling of the complaint no later than 30 days from the date of lodging the complaint, but no later than together with the document on the handling of the complaint, if the time limit for handling the complaint began to run on the date of receipt of the subject of the complaint by the Seller.

5.2. The handling of a complaint shall not affect the Consumer's right to compensation for damages pursuant to special regulations.

5.3. The Seller shall be obliged to determine the method of handling the complaint pursuant to § 2(m) of Act No. 250/2007 Coll., as amended (for the purposes hereof, handling of a complaint shall mean the termination of the complaint procedure by handing over the repaired product, replacement of the product, refund of the purchase price, payment of an appropriate discount from the purchase price, a written request to collect performance, or a reasoned rejection thereof) immediately, in complex cases no later than within 3 business days from the date of lodging the complaint, and in justified cases, especially where a complex technical assessment of the condition of the product or service is required, no later than within 30 days from the date of lodging the complaint. After determining the method of handling the complaint, the complaint shall be handled immediately; in justified cases, the complaint may be handled later, however, the handling of the complaint shall not exceed 30 days from the date of lodging the complaint. If the Seller takes receipt of the subject of the complaint on a later date than the date of lodging the complaint, the time limits for handling the complaint pursuant to this paragraph shall commence on the date of receipt of the subject of the complaint by the Seller; however, no later than the moment when the Seller prevents or obstructs the receipt of the subject of the complaint. After the expiry of the time limit for handling the complaint, the Consumer shall have the right to withdraw from the contract or to request replacement of the product (subject of the complaint) with a new product.

5.4. If the Consumer has lodged a complaint concerning a product within the first 12 months from purchase, the Seller may reject the complaint only on the basis of an expert assessment; regardless of the result of the expert assessment, the Consumer may not be required to reimburse the costs of such expert assessment or any other costs related thereto. The Seller shall be obliged to provide the Consumer with a copy of the expert assessment justifying the rejection of the complaint no later than 14 days from the date of handling the complaint.

5.5. If the Consumer has lodged a complaint concerning a product after 12 months from purchase and the Seller has rejected it, the person who handled the complaint shall be obliged to state in the document on the handling of the complaint the entity to whom the Consumer may send the product for expert assessment. If the product is sent for expert assessment to the designated entity, the costs of the expert assessment as well as all other reasonably incurred related costs shall be borne by the Seller, irrespective of the result of the expert assessment. If the Consumer proves through the expert assessment that the Seller is liable for the defect, the Consumer may lodge the complaint again; during the period of the expert assessment, the warranty period shall not run. The Seller shall be obliged to reimburse the Consumer within 14 days from the date of re-lodging the complaint all costs incurred for the expert assessment as well as all reasonably incurred related costs. A re-lodged complaint may not be rejected.

5.6. The Consumer shall be entitled to reimbursement of necessary costs incurred in connection with the exercise of legitimate rights arising from liability for defects in services. In the event of withdrawal from the contract due to a defect in the goods or service, the Consumer shall also be entitled to reimbursement of the costs associated with such withdrawal.

5.7. Requirements of the expert assessment pursuant to point 5.4 of this Article:

The expert assessment must contain:

a) identification of the person performing the expert assessment,

b) precise identification of the assessed product,

c) description of the condition of the product,

d) result of the assessment,

e) date of preparation of the expert assessment.

5.8. If the nature of the product allows, the Consumer shall hand over the product to the Seller (or to the designated person) when lodging the complaint. If the nature of the product does not allow delivery of the product to the Seller (or designated person), the Consumer may, when lodging the complaint, request removal of the defect at the place where the product is located or agree with the Seller (or designated person) on the method of transport of the product.

5.9. The period from the exercise of the right arising from liability for defects until the time when the Buyer was obliged to collect the goods after completion of the repair shall not be included in the warranty period. The Seller shall be obliged to issue the Buyer a confirmation of when the right was exercised, as well as confirmation of the performance of the repair and its duration.

VI. Final Provisions

6.1. This Complaints Procedure forms an integral part of the General Terms and Conditions and the Personal Data Protection Principles and Information of this Online Store. The documents – General Terms and Conditions and the Personal Data Protection Principles and Information of this Online Store – are published on the domain of the Seller's Online Store.

6.2. In the event of an amendment to this Complaints Procedure, the legal relationship between the Buyer and the Seller shall be governed by the Complaints Procedure valid and effective at the time of conclusion of the Purchase Contract, and shall remain so until its termination.

6.3. This Complaints Procedure shall become valid and effective upon its publication in the Seller's Online Store on 15.10.2021.

The online store https://www.academyofemergencymedicine.sk is certified by https://www.pravoeshopov.sk