COMPLAINTS PROCEDURE
(hereinafter referred to as the „Complaints Procedure“)
Article I.
General ProvisionsThe Complaints Procedure regulates the procedure for making a claim for services offered and provided by Venalicium Group, s.r.o., registered in the Commercial Register of the Municipal Court of Bratislava III, Section: Sro, Insert No. 167249/B, (hereinafter referred to as the „Provider“), ID No.: 52004805, VAT ID No.: 2120864152, VAT ID No.: SK2120864152 (hereinafter referred to as the „Provider“).
The Complaints Procedure is binding for both the Provider and the Customer.
The Provider shall inform the Customer about the scope, conditions and method of claiming a claim, including information on where the claim can be filed.
The Complaints Procedure is published on the Provider’s website.
Article II.
Interpretation of terms
The Provider is Venalicium Group, s.r.o., with its registered office, registered in the Commercial Register of the Municipal Court of Bratislava III, Section Sro, Insert No. 167249/B .
The Customer is a natural or legal person who is in a contractual relationship with the Provider on the basis of the Contract (Order) and who has the right to claim liability for defects.
Service means the services provided by the Provider aimed at online marketing specified in detail in the Provider’s general terms and conditions, which form part of the Contract.
Complaint means the exercise of a right of liability for defects in the service provided.
Settlement of the complaint means the termination of the complaint procedure by eliminating the defect of the provided service, replacement of the service with another, refund of the price charged for the provided service, payment of a reasonable discount on the price charged for the provided service or a reasoned rejection of the complaint.
Article III.
Liability for defects
The Provider shall be liable for the fact that the service offered to the Customer will meet the quality requirements of the service offered in accordance with the nature of the service offered and the concluded contract.
Article IV.
Application of the complaint
The Customer is entitled to make a claim:
for a defect in the service provided or
on the correctness of the price charged for the service provided, if he has a reasonable doubt that the invoice for the service has not been issued in accordance with the concluded contract.
The Customer must lodge a complaint with the Provider without undue delay after having discovered the defect of the service provided or the incorrectness of the invoiced amount, but no later than within 3 days of the fulfilment of the Provider’s obligation / or the delivery of the invoice (advance invoice), otherwise he/she is not entitled to lodge a complaint.
The Customer may submit a claim under Clause 1. of this Article of the Complaints Procedure in the following ways:
in writing at the Provider’s address,
by e-mail or at the Provider’s sales department,
in person at the Provider’s registered office.
The Customer shall make a claim by sending an e-mail / postal item to the Provider. In the e-mail / letter, the Customer shall provide his/her identification and contact details (home address, residence, or registered office, telephone number, e-mail), precisely identify and describe the defect of the service and the manner in which the defect manifests itself, as well as the time limit when, according to the Customer, the quality of the service provided was limited. In the case of a complaint about the correctness of the billing for the Service provided, the Customer must also specify the accounting period to which the complaint relates.
The Provider shall not be liable for any incorrect data provided by the Customer in the complaint and for the impossibility of delivery of documents to the contact address provided by the Customer.
The Customer shall send the complaint report to the Provider by post to the Provider’s registered office address, or by e-mail to the Provider’s e-mail address, or shall submit the complaint in person at the Provider’s registered office.
The application of a complaint on the correctness of the invoiced price for the service provided does not have a suspensive effect on the payment of the payment, i.e. it does not relieve the Customer of the obligation to pay the invoice within the due date.
The Provider reserves the right not to acknowledge a claim if a reduction in the quality of the service has been caused:
circumstances excluding liability – force majeure, which is an obstacle that arose independently of his will and prevented him from fulfilling his obligation, if it cannot reasonably be assumed that he would have been able to avoid or overcome the obstacle or its consequences;
unprofessional or unauthorised interference by the Customer with the setting up of the Services or other third parties, which the Customer has knowingly or unknowingly, including through its negligent conduct, permitted such interference; or
if the Customer has made a claim after the expiry of three (3) days from the date on which the service was provided or the invoice was delivered to the Customer.
The date of commencement of the claim procedure shall be deemed to be the date on which the Customer lodged the claim with the Provider, i.e. the date on which the written claim is delivered to the Provider in accordance with Clause 6. of this Article of the Claims Procedure. In the event that the submitted complaint does not contain all the required data pursuant to Clause 4 of this Article of the Complaints Procedure Code, the complaint procedure shall commence only on the date of receipt of all the required data. If the User does not complete the missing data even at the Provider’s request, the complaint shall be considered unfounded.
If the Service, which the Customer is claiming, requires access data (passwords) to the system, the Customer is obliged to notify the relevant data (passwords) when making a claim. If he fails to do so, the date of commencement of the claim procedure shall be the date of delivery of the access data by the Customer to the Provider.
Article V.
Handling of Claims
If a complaint is made by e-mail, the Provider shall send the Customer a confirmation of receipt of the complaint to the e-mail address provided by the Customer; if the confirmation cannot be delivered immediately, it must be delivered without undue delay, but at the latest together with the e-mail sent about the complaint.
The Provider shall investigate the complaint without undue delay after it has been lodged and shall decide on the manner in which the complaint is to be handled. Once the method of handling the complaint has been determined, the complaint shall be handled immediately; in justified cases, the complaint may also be handled later; however, the handling of the complaint shall not take longer than 30 days from the date on which it was submitted.
After the expiry of the time limit for the processing of the complaint referred to in point 2. of this article of the Complaints Regulations, the Customer shall have the right to withdraw from the contract or shall have the right to exchange the service for another one.
The Provider shall send the Customer an e-mail about the complaint settlement, no later than 30 days from the date of the complaint, which shall be a confirmation of the complaint settlement. Together with the delivery of the output report, the Provider shall also fulfil its obligation arising from the complaint.
The Provider shall inform the Customer about the settlement of the complaint by sending an e-mail message to the Customer’s e-mail address.
The provider is obliged to keep a record of complaints and to submit it to the supervisory authority for inspection on request. The complaint record must contain information on the date of the complaint, the date and manner of the complaint and the serial number of the complaint document.
Article VI.
Methods of complaint handling
If there is a defect in the service provided that can be remedied, the Customer shall have the right to have it remedied free of charge, in a timely and proper manner. The Provider is obliged to remove the defect without undue delay. The Provider shall decide on the method of removing the defect.
The Customer has the right to withdraw from the concluded contract:
if the service offered has a defect which cannot be remedied and which prevents the service from being properly used as a non-defective service;
although the defect is remediable, the Customer cannot properly use the service due to the recurrence of the defect; the recurrence of the defect is considered to be the case if the same defect occurs for the third time after at least two previous remedies;
although they are repairable defects, the Customer cannot make proper use of the service due to a greater number of defects; a greater number of defects shall be deemed to be at least three different repairable defects at the same time, which prevent the proper use of the service,
the Provider fails to settle the complaint within the 30-day period (in this case, the defect is deemed to be irremediable).
If other irremediable defects appear in the service offered (which do not prevent the service from being properly used as a non-defective service), the Customer shall be entitled to a reasonable discount on the price of the service.
In settling the complaint by granting a discount from the charged (invoiced) price, the nature of the defect, the duration of the defect and the possibility of further use of the service shall be taken into account. The amount of the discount granted shall be decided by the Provider.
The Provider shall handle the complaint and terminate the complaint procedure in one of the following ways:
by rectifying the defect in the service provided;
refunding the price paid for the service provided (after withdrawal from the contract);
payment of a reasonable discount on the price of the service provided;
Reasoned rejection of the complaint.
In the event of acceptance of a claim concerning the correctness of the amount billed, the Provider shall charge the rightfully claimed price for the Service in the next billing period or periods until the full rightfully claimed price is refunded, or agree with the Customer on the extension of the subscription period for the provision of the Service. If the price has been charged (invoiced) for a single Service, the amount of the rightfully claimed price shall be refunded to the Purchaser by the Customer.
Article VII.
Alternative Dispute Resolution
In the event that the Customer is not satisfied with the handling of his Order or with the service delivered, he has the right to write to kudlej@venalcium.sk. If the Buyer’s complaint has not been handled to his satisfaction or he believes that the Seller may have violated his rights, he may, pursuant to Act No. 391/2015 Coll. file a petition for the initiation of an alternative dispute resolution.
Alternative dispute resolution can only be used by the Customer who is a consumer, i.e. who does not act within the scope of his business activity, employment or profession when concluding and performing a consumer contract. Alternative dispute resolution applies only to a dispute between the buyer and the seller, the value of which exceeds EUR 20, arising from a consumer contract concluded at a distance. Alternative dispute resolution entity pursuant to Section 3 of Act No 391/2015 Coll. may require the Customer to pay a fee for the initiation of dispute resolution up to EUR 5 including VAT. The Customer may submit a proposal in the manner specified under Section 12 of Act No. 391/2015 Coll. or by clicking on this website.
Article VIII.
Final Provisions
The Provider is entitled to unilaterally amend the Complaints Procedure. The change of the Complaints Procedure must be notified to the Customer in writing or by electronic mail. A proper notification of a change to the Complaints Procedure shall also be deemed to be the publication of a notice on a visible place on the Provider’s website and the simultaneous sending of a notification of this change to the Customer’s e-mail inbox specified at the conclusion of the Contract.
The Complaints Procedure shall enter into force and effect on 1.10.2024