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Complaints Procedure

Goriffee s.r.o. (updated 16/04/2021)

I. General Provisions

  1. This Complaints Policy forms an integral part of the General Terms and Conditions (hereinafter referred to as "GTC") of the company OPERATOR: Goriffee s.r.o., with registered office at Gabčíkova 8, 841 05 Bratislava, Slovak Republic, Company ID (IČO): 46 289 305, (hereinafter referred to as the "Seller").
  2. The Buyer acknowledges that they are obliged to provide the Seller with the necessary cooperation required to process the claim; otherwise, the deadlines are adequately extended by the time during which the Buyer failed to provide the required cooperation.
  3. By concluding the purchase contract, the Buyer agrees to this Complaints Procedure. The definitions of terms contained in this Complaints Procedure take precedence over definitions in the GTC. If a term is not defined in this Complaints Procedure, it shall be understood in the meaning defined in the GTC. If it is not defined there either, it shall be understood in the meaning used by the applicable and effective legislation.
  4. For businesses, the acceptance of goods is the moment of their handover by the seller to the buyer or to the first carrier. If the buyer is a consumer, the moment of acceptance is when the consumer takes over the goods from the seller or takes them over from the carrier.

II. Warranty Period

  1. As proof of warranty, the seller issues a purchase document (invoice) for each purchased item containing all statutory details required for claiming the warranty (in particular, the item name, price, and quantity).
  2. Upon the buyer's explicit request, the seller shall provide the warranty in writing (warranty certificate). As a standard practice, however, if the nature of the item allows, the seller issues proof of purchase containing the aforementioned details instead of a warranty certificate.

Period for exercising rights arising from defective performance

  1. The warranty period begins on the date the Buyer receives the goods.
  2. The warranty period is:
  3. in the case of foodstuffs, defects must be claimed within the period indicated on the packaging (use-by date / best before date)
  4. 24 months for non-food goods
  5. 12 months for used goods (goods marked as used)
  6. If the buyer is a consumer, claims made within the statutory warranty period are 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 specifications set out in this Complaints Procedure.
  7. A business buyer is subject to the general provisions governing liability for defects under the Civil Code, or the provisions governing liability for defects and quality guarantee under the Commercial Code.

III. Warranty Terms

Inspection of Goods upon Receipt:

  1. A Buyer who is not a consumer is obliged, and a Buyer who is a consumer is recommended, to inspect the condition of the shipment (number of packages, intactness of the parcel, parcel damage) immediately upon delivery together with the carrier according to the attached consignment note.
    If the Buyer accepts such a damaged shipment from the carrier, it is necessary to describe the damage in the carrier's delivery report, draw up a damage report with the carrier, and send it to the Seller by email or post without undue delay.
    In the event of taking delivery of the shipment, the Buyer is obliged to notify evident defects (quantity and assortment discrepancies, product deterioration) without undue delay by email to: info@goriffee.com. Any subsequent claim regarding evident defects – incompleteness or external damage to the shipment – can only be accepted if the Buyer proves that the claimed defects already existed at the time of receipt.

Filing a Claim:

  1. The place for submitting a claim is Goriffee s.r.o., with registered office at Gabčíkova 8, 841 05 Bratislava, Slovak Republic, or by email to info@goriffee.com. The Buyer may send the defective goods for a claim via a shipping service to the Seller's business premises. The claimed goods should be thoroughly secured to prevent damage during transport; the package should be visibly marked "CLAIM" and contain: the claimed goods (including complete accessories), and we recommend enclosing a copy of the proof of purchase, a detailed description of the defect, and sufficient contact details of the Buyer (especially return address and phone number). Without the above, it is impossible to identify the origin and defect of the goods. This procedure is also recommended for consumer Buyers, unless they prove and document the stated facts otherwise. We also recommend selecting the preferred method of claim resolution (replacement, credit note).
  2. The seller shall issue a written confirmation of the claim submission to the buyer via email immediately upon receiving the claim. A buyer who is not a consumer shall substantiate the validity of the warranty by presenting the proof of purchase; if the goods have been subject to a warranty claim in the past, they shall also provide the previous claim document. The delivery document (purchase receipt or claim document) must bear the same serial number as the product being claimed (if the product has a serial number). This procedure is also recommended for buyers who are consumers, unless they prove and substantiate the aforementioned facts otherwise.
  3. The Buyer acknowledges that if they fail to deliver the claimed goods along with all supplied accessories, in the event of the Buyer's withdrawal from the contract, the refunded purchase price will be reduced by the value of the missing accessories.
  4. Payment is only possible in EUR. The seller sends the tax document to the buyer together with the goods. The seller is a VAT payer.

IV. Exclusions

  1. The warranty does not cover defects and damage resulting from:
    1. failure to follow the instructions for storage, maintenance,
    2. mechanical damage to the goods or packaging,
    3. defects caused by improper storage or use of the goods in conditions that do not correspond in temperature, dustiness, humidity, chemical, or mechanical environmental factors to those directly specified by the seller or manufacturer,
    4. the goods were damaged by natural elements or force majeure,
    5. the buyer caused the defect themselves, or the defect was caused by a third party,
    6. The buyer was aware of the defect prior to taking delivery of the goods, or was explicitly notified of the defect and a discount on the purchase price of the goods was provided for this reason,
    7. the goods are claimed after the expiration of the warranty period or any other period during which the goods are intended to maintain their specific properties,
    8. defects occur after the expiration of the product's shelf life or lifespan

V. Method of Complaint Handling

Consumer:

  1. When exercising the statutory warranty, if the defect is remediable, the consumer has the right to free, proper, and timely remediation of the defect, or the right to the replacement of the defective goods or defective part, provided this is not disproportionate given the nature of the defect. If such a procedure is not possible, the consumer has the right to a reasonable discount on the purchase price or to withdraw from the purchase contract.
  2. The seller will process the claim, including remedying the defect, without undue delay and no later than 30 days from the date the claim is filed. Once this period expires, it is deemed that the defect on the item truly existed, and the consumer has the same rights as if it were an irremediable defect. This period is not binding for a buyer who is an entrepreneur and whose relationship with the seller is therefore governed by the Commercial Code.
  3. If the consumer filed a complaint within the first 12 months of purchase, the seller may only reject it based on an expert assessment. The seller will provide the consumer with a copy of the expert assessment within 14 days from the date of the claim resolution. If the seller rejects the claim after 12 months from purchase, they are obliged to state on the claim resolution document to whom the buyer can send the product for an expert assessment. If the consumer proves the seller's liability for the defect through an expert assessment, they may file the claim again. All purposefully incurred costs associated with the expert assessment shall be borne by the seller, who is obliged to reimburse them to the consumer within 14 days from the date the claim is refiled. A refiled claim cannot be rejected by the seller.
  4. If a claim for goods within the statutory warranty period was settled by replacing the goods with a new item, the warranty period begins anew from the date the claim was resolved.
  5. The Seller shall issue a written confirmation to the consumer stating when the claim was filed, what its content is, and what method of claim settlement is requested, sent by email immediately upon receipt of the claim (in the case of filing in person, it is handed over immediately); furthermore, a confirmation of the date and method of the claim settlement, including confirmation of any repair carried out and the duration of the claim process, or a written justification for the rejection of the claim.
  6. The Buyer has the right to reimbursement of necessary costs (in particular postage paid when sending the claimed goods) incurred in connection with exercising legitimate rights arising from liability for defects (we recommend requesting no later than 30 days after the claim is resolved – the statutory period is not affected) and which were incurred genuinely and expediently. In the event of withdrawal from the contract due to a defect in the item, the consumer also has the right to reimbursement of the costs associated with this withdrawal.

Business entity:

  1. If the buyer is a business entity, the seller undertakes to decide on the claim within 40 days of its submission. The business buyer will be informed of this decision via their contact email.
  2. If the defect is remediable, the goods will be repaired. If repair is not possible and the nature of the defect does not prevent customary use, the seller and the buyer may agree on a reasonable discount on the price of the goods. In the event of a discount, this defect cannot be claimed again later.
  3. If the defect cannot be remedied and prevents the item from being properly used as a defect-free item, the seller is entitled to replace the defective goods with goods having the same or similar functional characteristics, or issue a credit note. If a claim for goods within the statutory warranty period was settled by replacing the goods with a new item, the warranty period is extended by the duration of the claim process.
  4. If the claimed goods are not collected within one month from the expiration of the period when the claim should have been processed, or if it was processed later, within one month from notification of its completion (i.e. usually within 60 days from the date the claim was submitted), the seller is entitled to charge storage fees upon release of the claimed goods.
  5. If the buyer fails to collect the item within a period of six months from the day they were obliged to collect it, the seller has the right to sell the item. The seller shall notify the buyer of the intended sale and grant a reasonable additional period to collect the item. If the uncollected item is sold, the seller shall pay the buyer the proceeds of the sale after deducting the cost of repair or alteration, storage fees, and sales costs. The buyer must claim the right to the proceeds of the sale from the seller.

VI. Final Provisions

  1. Upon settling the complaint, the seller will notify the buyer of the conclusion either by telephone, SMS, or email; no later than 30 days from the date the complaint was lodged, the seller will issue a written confirmation of the complaint settlement. If the goods were sent via a shipping service, they will be automatically dispatched to the buyer's address upon resolution.
  2. The Buyer is obliged to inspect the accepted goods and verify their compliance with the claim handover protocol. Furthermore, the Buyer must check the completeness of the goods, particularly whether the package contains all intended items. Later objections will not be taken into account. These provisions do not affect the statutory period for exercising rights arising from defective performance.
  3. If the subject of purchase is consumable material or if such material is part of the purchased goods, the service life applies instead of the quality guarantee. The service life may be indicated in terms of time, product lifespan, number of uses, or specified similarly. More than one of these service lives may be specified for the goods. To successfully make a claim, all stated conditions must be met.
  4. The buyer's right to file a claim under the statutory warranty period remains unaffected. However, the buyer must take into account the facts mentioned above, as the warranty does not cover wear and tear caused by standard use of the item and cannot be confused with the product's lifespan. The product's lifespan represents its susceptibility to wear and tear caused by standard use. If you use (rather than merely own) the goods longer than their standard lifespan, it is likely that the defect is the result of normal wear and tear; however, it cannot be ruled out that it may indeed be a warranty defect.