Arkaim Production – Professional film and video equipment rental in Bratislava. · SK

Returns and complaints

This is an English translation provided for information only. In the event of any discrepancy, the Slovak version of this complaints procedure prevails.

1. Introductory provisions

  1. This complaints procedure governs the rights and obligations of the contracting parties and the conditions for filing and handling complaints arising from a contract for the sale of goods and from a contract for the rental of goods concluded between the merchant and the buyer through the merchant’s online shop operated on the website www.arkaimproduction.com (hereinafter the “online shop”) or in another suitable manner. This complaints procedure does not apply to the exercise of rights arising from liability for defects by a buyer who is not a consumer.
  2. This complaints procedure forms an integral part of the contract specified in Art. 1(1) of this complaints procedure (hereinafter the “contract”).
  3. This complaints procedure has been drawn up in accordance with:
    1. Act No. 40/1964 Coll., the Civil Code, as amended,
    2. Act No. 108/2024 Coll. on Consumer Protection, as amended.
  4. Legal relations between the merchant and a buyer who is a consumer concerning liability for defects not expressly governed by this complaints procedure are governed by the relevant provisions of the Civil Code and the Consumer Protection Act.
  5. The merchant’s liability for defects relating to a contract concluded with a buyer who is a business is governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended.
  6. This complaints procedure is drawn up in the Slovak language.
  7. By submitting an order, the buyer confirms that they have thoroughly read the complaints procedure, understood its content and agree with it without reservation.

2. Definitions

  1. The merchant is a person who, in connection with a consumer contract, an obligation arising from it or a commercial practice, acts within the scope of their business or profession, including through another person acting in their name or on their behalf.
  2. The merchant is the owner of the online shop operated on the website www.arkaimproduction.com:
    • Company name: ARKAIM PRODUCTION s.r.o.
    • Registered in: Obchodný register Mestského súdu Bratislava III, oddiel: Sro, vložka č. 167359/B
    • Registered office: Karpatské námestie 7770/10A, 831 06 Bratislava
    • Company ID (IČO): 55170862
    • Tax ID (DIČ): 2121929359
    • VAT ID (IČ DPH): SK2121929359
    • E-mail: rental@arkaimproduction.sk
    • Phone: +421 917 524 743
  3. The buyer is a person who purchases products or uses services, either as a consumer or as a business.
  4. A consumer is a natural person who, in connection with a consumer contract, obligations arising from it or a commercial practice, does not act within the scope of their business or profession.
  5. A business is
    1. a person registered in the Commercial Register,
    2. a person doing business on the basis of a trade licence,
    3. a person doing business on the basis of an authorisation other than a trade licence under special regulations,
    4. a natural person engaged in agricultural production and registered under a special regulation.
  6. Goods means any tangible movable item; for the purposes of this complaints procedure, goods are everything the merchant sells or rents out.
  7. A service is a service provided by the merchant, namely the rental of goods.
  8. A purchase contract is a contract concluded between the merchant and the buyer through this online shop or in another suitable manner, under which the merchant sells goods to the buyer.
  9. A rental contract is a contract concluded between the merchant and the buyer through this online shop or in another suitable manner, under which the merchant rents goods to the buyer for a fixed period.
  10. The contract is a purchase contract or a rental contract concluded between the merchant and the buyer.
  11. The online shop is the website located at www.arkaimproduction.com through which the contracting parties may conclude a purchase contract.
  12. The supervisory authority is:
    • Slovak Trade Inspection (SOI)
    • SOI Inspectorate for the Bratislava Region
    • Prievozská 32, P. O. Box 5, 820 07 Bratislava 27
    • Supervision Department
    • tel.: 02/58272 172, 02/58272 104
    • fax: 02/58272 170

3. Requirements for the sold item

  1. The merchant undertakes that the item sold will comply with the agreed and general requirements. This does not apply where the merchant has informed the buyer that the item sold does not meet the general requirements and the buyer has agreed to this.
  2. The item sold complies with the agreed requirements if, in particular, it
    1. corresponds to the description, type, quantity and quality specified in the contract,
    2. is suitable for the specific purpose of which the buyer informed the merchant at the latest when concluding the contract and to which the merchant agreed,
    3. has the ability to perform functions with regard to its purpose as specified in the contract,
    4. has the other characteristics specified in the contract,
    5. is delivered with all accessories specified in the contract,
    6. is delivered with instructions for use, including assembly and installation instructions, as specified in the contract.
  3. The item sold complies with the general requirements if, in particular, it
    1. is suitable for all purposes for which an item of the same kind is normally used, having regard in particular to legislation and technical standards,
    2. is delivered with the accessories, packaging and instructions, including assembly and installation instructions, that the buyer may reasonably expect, and
    3. is delivered in the quantity, quality and with the characteristics, including functionality, compatibility, safety and the ability to maintain its functionality and performance in normal use, that are normal for an item of the same kind and that the buyer may reasonably expect given the nature of the item sold.
  4. If the item sold does not comply with these requirements, it is defective.

4. Requirements for services

  1. The provider undertakes that the services will comply with the agreed and general requirements. This does not apply where the provider has expressly informed the consumer that a certain characteristic of the services does not meet the general requirements and the consumer has expressly and separately agreed to this non-conformity.
  2. The services comply with the agreed requirements if, in particular, they correspond to the description, quantity and quality specified in the contract.

5. Liability for defects of sold goods

  1. The merchant is liable for any defect that the item sold has at the time of its delivery and that becomes apparent within two years of delivery of the item.
  2. For a used item, the parties may agree on a shorter period of the merchant’s liability for defects than in paragraph 1, but not shorter than one year from delivery of the item.
  3. The merchant is liable for a defect caused by incorrect assembly or installation of the item if
    1. assembly or installation was part of the purchase contract and was carried out by the merchant or under its responsibility, or
    2. assembly or installation that was to be carried out by the buyer was carried out incorrectly by the buyer due to shortcomings in the assembly or installation instructions provided by the merchant.
  4. If a defect becomes apparent before the expiry of the period under paragraph 1 or 2 of this article, it is presumed that the item already had the defect at the time of delivery. This does not apply if the contrary is proven or if this presumption is incompatible with the nature of the item or the defect.

6. Liability for defects of services

  1. The provider is liable for any defect that the services have at the time they are provided and that becomes apparent within two years.
  2. The provider is not liable for a defect of the services that:
    1. is caused by the customer, e.g. by failing to provide sufficient information, providing incorrect information, choosing the wrong equipment, using the equipment incorrectly, etc.,
    2. is caused by another cause for which the merchant is not responsible and which it cannot influence (e.g. force majeure).

7. Filing a complaint

  1. The buyer may exercise rights arising from liability for defects only if the buyer notified the merchant of the defect within two months of discovering it, and no later than two years from receipt of the item; otherwise the right lapses.
  2. The buyer may file a complaint about goods in one of the following ways:
    1. by sending a notice together with the goods complained about to the merchant’s address Karpatské námestie 7770/10A, 831 06 Bratislava,
    2. by sending a notice by e-mail to rental@arkaimproduction.sk.
  3. The buyer may use the complaint form published on the merchant’s website.
  4. When filing a complaint electronically, photographs or a video must also be sent so that the merchant can assess the complaint. The goods themselves do not need to be sent at this stage. If the merchant cannot assess the complaint on the basis of the documents sent alone, it will ask the buyer to deliver the goods complained about.
  5. The merchant will promptly confirm to the buyer in writing that the defect has been reported, stating the period within which it will remedy the defect. The period for remedying the defect may not exceed 30 days from the date the defect was reported, unless a longer period is justified by an objective reason beyond the merchant’s control. If the merchant does not handle the complaint within the set period, the buyer may withdraw from the contract or request a discount on the purchase price.
  6. The buyer is entitled to reimbursement of costs reasonably incurred in connection with reporting a defect for which the merchant is liable and exercising rights arising from liability for the defect. However, this right must be exercised no later than within two months; otherwise it lapses.
  7. If the merchant rejects liability for defects, it must notify the buyer of the reasons for rejection in writing. The merchant may reject a complaint, for example, if the damage was caused by
    1. normal wear and tear,
    2. mechanical damage on the part of the buyer,
    3. use of the goods in conditions that are unsuitable in terms of temperature, humidity, chemical and mechanical influences of the environment,
    4. improper handling or neglect of care of the goods,
    5. excessive load or use contrary to general principles,
    6. natural disasters or force majeure.
  8. If the buyer proves the merchant’s liability for the defect by an expert opinion or a professional statement issued by an accredited person, the buyer may report the defect again and the merchant may not reject liability for the defect. The buyer must claim the costs of the expert opinion or professional statement from the merchant within two months; otherwise the right lapses.
  9. The buyer may refuse to pay the purchase price or part of it until the merchant fulfils its obligations arising from liability for defects, unless the buyer is in delay with payment of the purchase price or part of it at the time of reporting the defect. The buyer will pay the purchase price without undue delay once the merchant has fulfilled its obligations.

8. Claims arising from a complaint about a sold item

  1. In the case of a justified complaint, the buyer has the right to have the defect remedied by repair or replacement, the right to a reasonable discount on the purchase price or the right to withdraw from the purchase contract.

Repair and replacement of the sold item

  1. The buyer may choose to have the defect remedied by replacement or repair of the item. However, the buyer may not choose a method that is impossible or that would cause the merchant disproportionate costs compared with the other method, taking into account all circumstances. The merchant may refuse to remedy the defect if repair or replacement is impossible or would require disproportionate costs, taking into account all circumstances.
  2. The merchant will repair or replace the item within a reasonable period after the buyer has reported the defect, free of charge, at its own expense and without causing significant inconvenience to the buyer, taking into account the nature of the item and the purpose for which the buyer required it. A reasonable period means the shortest time the transferor needs to assess the defect and to repair or replace the item, taking into account the nature of the item and the nature and severity of the defect.
  3. For the purposes of repair or replacement, the buyer hands over or makes the item available to the merchant or a person designated by it. The costs of taking over the item are borne by the merchant.
  4. The merchant will deliver the repaired or replacement item to the buyer at its own expense in the same or a similar manner in which the buyer delivered the defective item to it, unless the parties agree otherwise.
  5. When remedying the defect, the merchant will ensure the removal of the item and the installation of the repaired or replacement item if the replacement or repair requires the removal of a defective item that was installed in accordance with its nature and purpose before the defect became apparent. The contracting parties may agree that the removal of the item and the installation of the repaired or replacement item will be carried out by the buyer at the merchant’s expense and risk.

Discount on the purchase price and withdrawal from the contract

  1. The buyer is entitled to a reasonable discount on the purchase price or may withdraw from the purchase contract even without granting an additional reasonable period if
    1. the merchant has neither repaired nor replaced the item,
    2. the merchant has refused to remedy the defect,
    3. the item has the same defect despite repair or replacement,
    4. the defect is so serious that it justifies an immediate discount on the purchase price or withdrawal from the purchase contract, or
    5. the merchant has declared, or it is clear from the circumstances, that it will not remedy the defect within a reasonable period or without causing significant inconvenience to the buyer.
  2. When assessing the buyer’s right to a discount on the purchase price or to withdraw from the contract, all circumstances are taken into account, in particular the type and value of the item, the nature and severity of the defect and whether the buyer can objectively be expected to trust the merchant’s ability to remedy the defect.
  3. The discount on the purchase price must be proportionate to the difference between the value of the item sold and the value the item would have had without defects.
  4. The buyer may not withdraw from the purchase contract under paragraph 7 if the buyer contributed to the occurrence of the defect or if the defect is negligible. The burden of proof that the buyer contributed to the occurrence of the defect and that the defect is negligible lies with the merchant.
  5. If the subject of the contract was the purchase of several items, the buyer may withdraw only in respect of the defective item. In respect of the other items, the buyer may withdraw from the contract only if the buyer cannot reasonably be expected to wish to keep the other items without the defective item.
  6. The buyer returns the item to the merchant at the merchant’s expense.
  7. The merchant will ensure the removal of an item that was installed in accordance with its nature and purpose before the defect became apparent. If the merchant does not remove the item within a reasonable period, the buyer may arrange for the removal and delivery of the item to the merchant at the merchant’s expense and risk.
  8. The merchant will refund the purchase price to the buyer no later than 14 days from the date of return of the item or from proof that the buyer has sent the item to the merchant, whichever occurs first. The merchant will refund the purchase price or part of it using the same method the buyer used for payment, unless they agree on another method. All costs associated with the refund are borne by the merchant.
  9. The merchant is not entitled to compensation for damage caused by normal wear and tear of the item or to payment for normal use of the item before its replacement or return.

9. Claims arising from a complaint about services

  1. If the merchant is liable for a defect of the services, the consumer has the right to have the defect remedied, the right to a reasonable discount on the price or the right to withdraw from the contract.
  2. The consumer may exercise rights arising from liability for defects even without having reported them.
  3. After reporting a defect to the merchant, the consumer may refuse to pay the price or part of it until the merchant fulfils its obligations arising from liability for defects, unless the consumer is in delay with payment of the price or part of it at the time of reporting the defect. The consumer will pay the price without undue delay once the merchant has fulfilled its obligations.
  4. The consumer is entitled to reimbursement of necessary costs incurred in connection with exercising the right arising from liability for defects. This right must be exercised with the merchant no later than one month after the expiry of the warranty period; otherwise it lapses.
  5. Exercising the right arising from liability for defects does not affect the right to compensation for damage.

Remedying the defect

  1. The merchant will remedy the defect of the services within a reasonable period after the consumer has reported it, free of charge and without causing significant inconvenience to the consumer, taking into account the nature of the services and the purpose for which the consumer required them.
  2. The merchant may refuse to remedy the defect if remedying it is impossible or would cause it disproportionate costs, taking into account all circumstances, in particular the value the services would have without the defect and the severity of the defect.

Discount on the price

  1. The consumer is entitled to a reasonable discount on the price, if the services are provided in return for payment of a price, or may withdraw from the contract even without granting an additional reasonable period, if
    1. remedying the defect is impossible or would cause the merchant disproportionate costs,
    2. the merchant has not remedied the defect in accordance with paragraph 6,
    3. the services have the same defect despite the merchant’s efforts to remedy it,
    4. the defect is so serious that it justifies the consumer’s right to an immediate discount on the price or withdrawal from the contract, or
    5. the merchant has declared, or it is clear from the circumstances, that it will not remedy the defect within a reasonable period or without causing significant inconvenience to the consumer.
  2. The discount on the price must be proportionate to the difference between the value of the service and the value the services would have had without defects.
  3. The merchant will pay the consumer the discount on the price within 14 days of the consumer exercising the right to a discount, using the same method the consumer used to pay the price, unless the consumer expressly agrees to another method of payment. All costs associated with the payment are borne by the merchant.
  4. If the services were provided in return for payment of a price, the consumer may not withdraw from the contract if the defect is negligible. The burden of proof that the defect is negligible lies with the provider.

Withdrawal from the contract

  1. After withdrawal from the contract, the merchant will refund to the consumer the payments received for the service complained about within 14 days of notification of withdrawal, using the same method the consumer used to pay the price, unless the consumer expressly agrees to another method of payment. All costs associated with the refund are borne by the merchant.
  2. The consumer is not obliged to pay the price for the period before withdrawal from the contract during which the services did not meet the general and agreed requirements.
  3. After withdrawal from the contract, the consumer is obliged to refrain from using the services.
  4. After withdrawal from the contract, the provider may prevent the consumer from further use of the services.

10. Failure to collect a repaired item

  1. The buyer is obliged to collect the repaired or replaced item within one month of its repair or replacement; otherwise the buyer is obliged to pay a storage fee.
  2. If the buyer does not collect the item within six months of the date on which it should have been collected, the merchant may sell the item.
  3. In the case of an item of higher value, the merchant will notify the buyer of the intended sale in advance and grant the buyer a reasonable additional period to collect the item.
  4. Promptly after the sale, the merchant will pay the buyer the proceeds from the sale of the item after deducting the costs reasonably incurred for its storage and sale, provided the buyer exercises the right to a share of the proceeds within the reasonable period stated by the merchant in the notice of the intended sale. The merchant may destroy the item at its own expense if it could not be sold or if the expected proceeds from the sale would not even cover the costs reasonably incurred by the merchant for storing the item and the costs the merchant would necessarily incur to sell it.

11. Final provisions

  1. This complaints procedure was drawn up by the law firm Lanikova Group, s.r.o. for the operator of the online shop www.arkaimproduction.com and is protected under Act No. 185/2015 Coll., the Copyright Act, as amended. Without the author’s consent, it is prohibited to use this copyrighted work in any way, in particular, but not exclusively, to copy, publish, change, modify, distribute or otherwise misuse it.
  2. This complaints procedure enters into force and effect on 21 October 2024.