Complaints procedure
This is a translation provided for information purposes. In the event of any discrepancy, the Slovak version of this Complaints Procedure shall prevail.
Complaints procedure of MASÁŽE TATRY - Wellipt s.r.o. for the provision of services
1. General provisions
- This complaints procedure is issued in accordance with Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter the "Civil Code"), Act No. 250/2007 Coll. on consumer protection, as amended (hereinafter 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 an off-premises contract, as amended, and Act No. 22/2004 Coll. on electronic commerce, as amended.
- The Provider is Wellipt s.r.o., with its registered office at Družby 318/56, 976 81 Podbrezová, Company ID (IČO): 56 210 914, Tax ID (DIČ): 2122241781, registered in the Commercial Register of the District Court Banská Bystrica, section: Sro, insert no. 49149/S, email: masazetatry@masazetatry.sk, phone number: +421 944 327 347 (hereinafter the "Provider").
- The Provider is also the operator of the electronic system through which it operates the online shop on the domain masazetatry.sk (hereinafter also the "Online Shop").
- The complaints procedure governs the rights and obligations of the Customer when exercising rights arising from defects in services under the concluded contract for the provision of services, which was concluded at a distance with the Provider.
- The Customer is any person (natural or legal person) who is interested in the services offered by the Provider and who has accepted the Provider's price offer.
- A Consumer is a natural person who, when concluding a contract under these GTC, does not act within the scope of their business activity.
- Services means the services offered by the Provider – the provision of massages to the extent and under the conditions defined by these GTC.
- Contract means the contract for the provision of services (hereinafter also the "contract").
2. References
- This Complaints Procedure forms part of the General Terms and Conditions published on the Provider's website.
3. The Provider's liability for defects in services
- The Provider is obliged to provide the services in accordance with the concluded contract for the provision of services (hereinafter also the "contract"), i.e. to the required extent, in the agreed manner and at the agreed time.
4. Procedure for exercising rights arising from liability for defects (Complaint)
- The Customer is entitled to file a complaint regarding:
- The extent of the service provided
- The timeliness of the service provided
- The correctness of the price of the service
- The Customer is entitled to file a complaint by delivering it to the address: Wellipt s.r.o., Družby 318/56, 976 81 Podbrezová, or by email. The Customer may also exercise the right to file a complaint in person at the Provider's registered office.
- When filing a complaint, the Customer fills in the complaint form, which is made available to the Customer on the Provider's website, or notifies the Provider of the complaint about the service in another way. In the complaint, the Customer states their identification and contact details (first name, surname, address, email, phone number) and describes the defect of the service provided. The Customer also states which of the claims arising from liability for defects they are exercising. If the complaint is filed using the complaint form or another document containing the complaint (hereinafter also the "complaint form"), the Customer sends the complaint form to the Provider in the manner set out in point 2 or hands it over when filing the complaint in person.
- After the Provider receives the complaint form or the complaint is filed in person, the Customer will be issued a confirmation of the complaint immediately; if serious circumstances prevent this, then without undue delay, but no later than together with the document confirming how the complaint was dealt with.
- If the Customer files a complaint, the Provider or an employee or person authorised by the Provider is obliged to inform the Customer of their rights under the general regulation; based on the Customer's decision as to which of these rights they are exercising, the Provider is obliged to determine how the complaint will be dealt with immediately, in complex cases no later than 3 working days from the day the complaint was filed, and in justified cases, in particular where a complex technical assessment of the condition of the product or service is required, no later than 30 days from the day the complaint was filed. Once the method of dealing with the complaint has been determined, the complaint will be dealt with immediately; in justified cases, it may be dealt with later, but dealing with the complaint must not take longer than 30 days from the day it was filed. After the period for dealing with the complaint has expired, the Customer has the right to withdraw from the contract or the right to the provision of a replacement service.
- The Customer has the right to reimbursement of necessary costs (in particular postage paid when sending the complaint) incurred in connection with exercising justified rights arising from liability for defects in services.
- The Provider is obliged to inform the Customer that the complaint has been dealt with and how, in an appropriate and verifiable form (in writing), no later than 30 days from the day the complaint was filed. The Provider is obliged to issue a written document confirming how the complaint was dealt with no later than 30 days from the day the complaint was filed.
- The complaint procedure is considered closed once the complaint has been dealt with. Dealing with the complaint means closing the complaint procedure by refunding the price of the service, granting a discount on the price of the service, providing a replacement service or its justified rejection.
5. The Customer's rights when exercising rights arising from liability for defects
- If the defect can be remedied, the Customer has the right to have it remedied free of charge, in time and properly. The Provider is obliged to remedy the defect without undue delay. Instead of having the defect remedied, the Customer may request a replacement service.
- If the defect cannot be remedied, the Customer has the right to a replacement service, to a discount on the price of the service, or the right to withdraw from the contract and request a refund. The Customer has the same rights if the defects can be remedied but the Customer cannot properly use the service provided because the defect recurs or because of a larger number of defects.
6. Final provisions
- This complaints procedure is valid and effective from the moment of its publication on the Provider's website on 1 May 2021.