for the Online Store www.hinnovae.com

General Provisions

This Complaint 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 in the Sale of Goods or Provision of Services Based on a Distance Contract or Off-premises Contract as amended, and Act No. 22/2004 Coll. on Electronic Commerce as amended. It regulates the legal relationship between the Merchant, which is:

The Merchant is the company:

Business name: MiKa Finans s.r.o
Registered office: Štefánikova trieda 30, 949 01 Nitra, Slovak Republic
Company ID: 50406051
Tax ID: 2120321786
VAT ID: SK2120321786
Tatra Banka, a.s.
IBAN: SK48 1100 0000 0029 4120 6771
The Merchant is a VAT payer

(hereinafter also referred to as the "Merchant") and any person who is a Buyer of goods or services offered by the Merchant on the Merchant's Website, and who acts as a consumer within the meaning of the provisions of the General Terms and Conditions published on the Merchant's Website, this Complaint Procedure, and the relevant laws defining a consumer, under the valid legislation of the Slovak Republic, in particular: Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services Based on a Distance Contract or Off-premises Contract as amended, Act No. 250/2007 Coll. on Consumer Protection as amended, and Act No. 40/1964 Coll. Civil Code as amended.

Email and telephone contact for the Merchant:

Email: info@hinnovae.com
Phone: +421 911 700 432

Address for sending correspondence, complaints, contract withdrawals, and other matters:

MiKa Finans s.r.o, Štefánikova trieda 30, 949 01 Nitra

This Complaint Procedure regulates the rights and obligations of the Buyer who is a consumer when exercising rights arising from defects in goods or services under a distance purchase contract concluded with the Merchant through the Merchant's electronic store www.hinnovae.com.

A Buyer is any person (natural person or legal entity) who has concluded a purchase contract with the Merchant through the Merchant's website or other means of distance communication.

A Consumer is a Buyer who is a natural person and who, when concluding a purchase contract through the Merchant's Website, is not acting within the scope of their business activities.

This Complaint Procedure governs the legal relationships between Buyers who are consumers and the Merchant. With the exception mentioned in the "Warranty Period" section of this Complaint Procedure (The Merchant's Declaration on the Warranty Period in case the Buyer is not acting as a consumer).

Products (also referred to as "Goods") are goods and services that are intended for sale and are published on the Merchant's Website.

The term Goods also includes electronic content not supplied on a tangible medium.

References

For relationships regarding the Merchant's liability for defects in goods or services (as well as other legal relationships that may arise from the contractual relationship) with natural persons who do not act within the scope of their business activities when concluding a purchase contract (consumers), in addition to the general provisions of Act No. 40/1964 Coll. Civil Code as amended, special regulations also apply, in particular Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services Based on a Distance Contract or Off-premises Contract and Act No. 250/2007 Coll. on Consumer Protection.

Legal relationships arising from the exercise of rights from liability for defects between the Merchant and the Buyer who is a legal entity or a natural person entrepreneur acting within the scope of their business activities (persons who are not in the position of a consumer) are governed by Act No. 513/1991 Coll. Commercial Code as amended. With the exception mentioned in the "Warranty Period" section of this Complaint Procedure (The Merchant's Declaration on the Warranty Period in case the Buyer is not acting as a consumer).

In accordance with § 3, para. 1, letter n), Act No. 102/2014 Coll., the Merchant informs the consumer that there are no special applicable codes of conduct to which the seller has committed to comply with, whereas a code of conduct means an agreement or set of rules that define the behavior of the merchant who has committed to comply with this code of conduct in relation to one or more specific business practices or business sectors, if these are not established by law or other legal regulation or measure of a public authority, which the seller has committed to comply with, and on the way in which the consumer can become familiar with them or obtain their wording.

Merchant's Liability for Product Defects (Goods and Services)

The Merchant is obliged to deliver the item (goods) or service in accordance with the concluded purchase contract, i.e., in the required quality, quantity, and without defects (factual, legal).

The Merchant is responsible for defects that the sold item or service has at the time of acceptance by the Buyer. If the items are not used items, the Merchant is responsible for defects that occur after acceptance of the item during the warranty period (guarantee). The Merchant recommends that the Buyer report defects in goods or services to the Merchant without undue delay. For used items, the Merchant is not responsible for defects arising from their use or wear. For items sold at a lower price, the Merchant is not responsible for the defect for which the lower price was agreed.

The Buyer is entitled to inspect the sold item or service before acceptance.

Warranty Period

The warranty period is 24 months. The warranty period for used items is 12 months. Warranty periods begin to run from the acceptance of the item or service by the Buyer.

If the goods are not perishable or used items, the Merchant is responsible for defects that occur after the acceptance of the item during the warranty period (guarantee). The warranty period is 24 months. If a period of use is marked on the sold item, its packaging, or instructions attached to it, the warranty period will not end before the expiration of this period.

For used items, the Buyer and the Merchant may agree on a shorter warranty period, but not less than 12 months.

For items intended to be used for a longer period, special regulations establish a warranty period longer than 24 months. A warranty period exceeding 24 months may also apply only to a certain part of the item.

At the Buyer's request, the Merchant is obliged to provide a warranty in written form (warranty certificate). If the nature of the item allows, it is sufficient to issue a proof of purchase instead of a warranty certificate.

By declaration in the warranty certificate issued to the Buyer or in advertising, the Merchant may provide a warranty exceeding the scope of the warranty established by law. In the warranty certificate, the Merchant shall specify the conditions and scope of this warranty.

Warranty periods begin to run from the acceptance of the item by the Buyer. If a purchased item is to be put into operation by an entrepreneur other than the Merchant, the warranty period will begin to run only from the day the item is put into operation, provided that the Buyer ordered the putting into operation no later than three weeks from the acceptance of the item and properly and timely provided the necessary cooperation for the performance of the service.

If the item is replaced with a new item, the warranty period will begin to run again from the acceptance of the new item.

If a part of a new item is replaced, for which the nature of the item allows it, the warranty period for that part will begin to run again from the acceptance of the new item. The same applies if a component of an item for which a warranty was provided is replaced.

Rights arising from liability for defects in an item for which a warranty period applies will expire if they are not exercised within the warranty period.

The warranty period is extended by the period during which the goods were in the complaint process. Rights arising from liability for defects in goods for which a warranty period applies will expire if they are not exercised within the warranty period.

In accordance with § 429, para. 2, Act No. 513/1991 Coll. Commercial Code as amended, the Merchant declares that in the case of the length of the warranty period in commercial relationships between the Merchant and the Buyer who is not acting as a consumer, the Merchant assumes a quality warranty for goods and services with a duration of 12 months.

Procedure for Exercising Rights from Liability for Defects (Complaint)

The Buyer is entitled to exercise rights arising from liability for defects in an item, goods, or service at the address: MiKa Finans s.r.o, Štefánikova trieda 30, 949 01 Nitra, Slovak Republic

The Buyer may always exercise the right to file a complaint in person at any of the Merchant's business premises where acceptance of the complaint is possible given the nature of the item, or at the Seller's registered office, or through third parties such as transport companies, shipping companies, Slovak Post, and others. The Merchant recommends that Buyers use the Complaint Form to file a complaint. This form is freely accessible on the Merchant's Website. For complaints, the Merchant recommends that the Buyer submit an invoice, warranty certificate, or other document proving the purchase of the complained goods or service from the Merchant. The Merchant recommends that the Buyer describe the defect of the goods or service when filing a complaint.

If the Buyer complains about goods or services in a way other than in person, the Merchant recommends that the Buyer send the goods together with a detailed description of the defect of the goods and a document proving the purchase of the goods from the Merchant (for example, proof of payment, invoice, warranty certificate), in order to expedite the complaint process.

We recommend sending goods in case of a complaint by registered mail. The Merchant recommends not sending goods by cash on delivery, which will not be accepted by the Merchant.

The Merchant is obliged to issue a confirmation to the consumer when filing a complaint. If the complaint is filed through means of distance communication, the Merchant is obliged to deliver the confirmation of the filing of the complaint to the consumer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the document on the settlement of the complaint; confirmation of the filing of the complaint does not need to be delivered if the consumer has the possibility to prove the filing of the complaint in another way.

The Merchant is obliged to issue a written document on the settlement of the complaint no later than 30 days from the day the complaint was filed, but at the latest together with the document on the settlement of the complaint, if the time limit for its settlement began to run from the day the subject of the complaint was taken over by the seller.

The settlement of a complaint does not affect the consumer's right to compensation for damages under a special regulation.

The Merchant is obliged to determine the method of settling the complaint according to § 2 letter m), Act No. 250/2007 Coll. as amended (settlement of a complaint means the termination of the complaint procedure by handing over the repaired product, replacing the product, returning the purchase price of the product, paying a reasonable discount on the price of the product, a written request to take over the performance, or its justified rejection) immediately, in complex cases no later than 3 working days from the day the complaint was filed, in justified cases, especially if a complex technical evaluation of the state of the product or service is required, no later than 30 days from the day the complaint was filed. After determining the method of settling the complaint, the complaint shall be settled immediately; in justified cases, the complaint may be settled later; however, the settlement of the complaint must not take longer than 30 days from the day the complaint was filed. If the subject of the complaint is taken over by the seller on a later day than the day the complaint was filed, the time limits for settling the complaint according to this paragraph begin to run from the day the subject of the complaint was taken over by the seller; at the latest, however, from the moment when the seller makes it impossible or prevents the takeover of the subject of the complaint. After the expiry of the time limit for settling the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the product (subject of the complaint) for a new product.

If the consumer filed a complaint about the product during the first 12 months from purchase, the Merchant may settle the complaint by rejection only on the basis of a professional assessment; regardless of the result of the professional assessment, the consumer cannot be required to pay for the costs of the professional assessment or other costs related to the professional assessment. The Merchant is obliged to provide the consumer with a copy of the professional assessment justifying the rejection of the complaint no later than 14 days from the day the complaint was settled.

If the consumer filed a complaint about the product after 12 months from purchase and the Merchant rejected it, the person who settled the complaint is obliged to indicate in the document on the settlement of the complaint to whom the consumer can send the product for professional assessment. If the product is sent for professional assessment to the designated person, the costs of the professional assessment, as well as all other related purposefully incurred costs, shall be borne by the Merchant regardless of the result of the professional assessment. If the consumer proves the Merchant's liability for the defect by professional assessment, the consumer may file the complaint again; during the performance of the professional assessment, the warranty period does not run. The Merchant is obliged to reimburse the consumer within 14 days from the day the complaint was filed again for all costs incurred for the professional assessment, as well as all related purposefully incurred costs. A complaint filed again cannot be rejected.

The consumer has the right to reimbursement of necessary costs (especially postage paid when sending the complained goods) that were incurred in connection with the exercise of legitimate rights arising from liability for defects in goods and services. In case 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 this withdrawal.

Requirements for Professional Assessment:

The professional assessment must include:

• identification of the person performing the professional assessment,
• precise identification of the assessed product,
• description of the condition of the product,
• result of the assessment,
• date of preparation of the professional assessment.

If the nature of the product allows it, the consumer shall hand over the product to the Merchant (designated person) when filing the complaint. If the nature of the product does not allow delivery of the product to the seller (designated person), the consumer may, when filing the complaint, request the removal of the defect at the place where the product is located or agree with the Merchant (designated person) on the method of transporting the product.

The period from the exercise of the right arising from liability for defects until the time when the Buyer was obliged to take over the item after the completion of the repair is not counted in the warranty period. The Merchant is obliged to issue a confirmation to the Buyer about when the right was exercised, as well as about the performance of the repair and its duration.

Buyer's Rights When Exercising Rights from Liability for Defects

If it is a defect that can be removed, the Buyer has the right for it to be removed free of charge, promptly, and properly. The Merchant is obliged to remove the defect without undue delay.

Instead of removing the defect, the Buyer may request the replacement of the item, or if the defect concerns only a component of the item, the replacement of the component, if this does not incur disproportionate costs for the Merchant in relation to the price of the goods or the seriousness of the defect.

The Merchant may always replace the defective item with a non-defective one instead of removing the defect, if this does not cause serious difficulties for the Buyer.

If it is a defect that cannot be removed and which prevents the item from being properly used as a non-defective item, the Buyer has the right to exchange the item or has the right to withdraw from the contract. The same rights belong to the Buyer if they are removable defects, but the Buyer cannot properly use the item due to the recurrence of the defect after repair or due to a larger number of defects.

If it is another non-removable defect, the Buyer has the right to a reasonable discount on the price of the item.

Final Provisions

This Complaint Procedure forms 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 Merchant's Website.

In case of a change in the Complaint Procedure, the relationship between the Buyer and the Merchant is governed by the Complaint Procedure valid and effective at the conclusion of the Purchase Contract, until its termination.

This Complaint Procedure is valid and effective from the moment of its publication on the Merchant's Website on July 1, 2024.