Complaint Policy of the company
A. Introductory Provisions
- Pursuant to Section 18 of the Act No. 250/2007 Coll. on consumer protection, amending the Act of the National Council of the Slovak Republic No.372/1990 Coll. on offences as amended (hereinafter referred to as the “Act on Consumer Protection”) the company io, a.s., with registered office Vojtecha Tvrdého 790/13, 010 02 Žilina, company ID No.: 51 105 560, registered in the Register of Companies maintained by the District Court Žilina, section: Sa, file No.: 10930/L, tax ID No.: 2120604255, VAT ID No.: SK 2120604255 (hereinafter referred to as the “Operator”) issues this complaint policy. The purpose of this complaint policy is to inform the user in the position of consumer (hereinafter referred to as the “User”), with whom the Operator concluded contract on service provision in compliance with General Business Terms and Conditions of the Operator about the scope, conditions and method of exercising the right from the liability for defects of the provided service.
- This complaint policy applies to services purchased by the User from the Operator by means of the website www.kidsmonitor.io or application KidsMonitor.io.
- This complaint policy is published on the website www.kidsmonitor.io and is situated in the registered office of the Operator.
- The User shall familiarise with General Business Terms and Conditions of the Operator.
B. Liability of the Operator and Warranty Period
- The Operator shall be liable for the fact that service provided to the User meets requirements for the service quality in compliance with the nature of the said service and contract on service provision concluded with the User.
- The Operator shall be entitled to temporarily stop the access to service without it constituting the breach of Operator’s obligations due to safety reasons, cases of force majeure, decision of relevant authorities or due to review, maintenance or removal of defects of the system. The Operator shall inform the User about temporary stop of access to service by way of notice published on the website www.kidsmonitor.io.
- Warranty period for service lasts for the term of service provision, unless other warranty period is stipulated for particular cases, and starts to run on the date of service purchase. Warranty period for service shall be prolonged by a period during which the User could not use the service due to exercising the right from the liability for defects of the provided service until the date the complaint is solved, when he could start to use the service again.
- The User shall have the right to claim from the Operator the complaint about the quality of provided service and correctness of price charged for its provision, if such price does not correspond with current and valid pricelist of the service.
- If the service shows defects, the User shall have the right to submit complaint in writing to the address of the registered office of the Operator or by email to the address firstname.lastname@example.org .
- The User shall complain to the Operator about any defects of the service during the warranty period without any unnecessary delay after he learns about them.
- When submitting the complaint, the User shall state his identification and contact data (address of residence, telephone number, email), exactly specify and describe the defect of service and the manner in which the defect shows, as well as the period of time during which, in User’s opinion, the quality of the provided service was limited. The User shall further state which claim from the liability for defects he seeks.
- If the User submits the complaint, the Operator or employee authorised by the Operator instructs the User about his rights;on the grounds of decision of the User about which of those rights he claims the Operator or employee authorised by the Operator shall determine the method of dealing with the complaint immediately, in complex cases within 3 days from the date of complaint at the latest, in justified cases, especially if complex technical evaluation of the condition of product or service is required, within 30 days from the date of complaint at the latest. After the method of dealing with the complaint is determined, the complaint is settled immediately, in justified cases the complaint can be settled also later; but the dealing with the complaint shall not last longer than 30 days from the date of complaint. The User shall have the right to withdraw from the contract or to request provision of a new service after the end of period for dealing with the complaint.
- The Operator shall give the User a confirmation about reception of complaint. The confirmation about the reception of complaint shall be delivered by the Operator to the User immediately after the complaint is submitted. If the confirmation about reception of complaint cannot be delivered to the User immediately, the Operator shall deliver such confirmation to the User without any unnecessary delay, but not later than together with document about settlement of the complaint.
C. Reasons for the Cessation of Entitlement of the User to Claim Complaint
- The Operator shall be liable for defects of service caused by the breach of Operator’s obligations arising from the conclude contract on service provision or from generally binding legal regulations applicable in the Slovak Republic.
- The Operator shall not be liable for service failures caused by unsuitable or insufficient own technical equipment of the User or incorrect actions of the User in using of his technical equipment or using the service or occurred in consequence of incorrect use of the service.
- The entitlement to claim the complaint expires upon the end of the warranty period. The entitlement to claim complaint shall also expire if the User cannot prove that he ordered the service and paid for it.
D. Settlement of Complaint
- Settlement of complaint means in compliance with the law the completion of the complaint proceedings by the removal of defect of the provided service, exchange of service for another service (provision of new service), return of price for the provided service, payment of reasonable discount from the price for the provided service or justified refusal of complaint.
- The complaint is settled in scope of defect description specified by the User in the notice about exercising the liability for defects of provided service.
- The Operator shall issue a written document about the settlement of the complaint within 30 days from the date of claiming the complaint at the latest.
- If it concerns defect that can be removed, the User shall have the right to have it removed timely, properly, and free of charge. The Operator shall in such case remove the defect without any unnecessary delay. The User can instead of defect removal request exchange of service (provision of new service) if the Operator does not incur due to it unreasonable costs with regard to the price of service or seriousness of defect. The Operator can always instead of defect removal exchange the defective item for defect-free item, if it does not cause serious problems to the User. If it concerns defect that cannot be removed and that prevents using the service as defect-free service, the User shall have the right to the exchange of the service (provision of new service) or the right to withdraw from the contract. The User shall have the same rights in case defects are removable, but the User cannot use the service properly due to repeated occurrence of defect after the defect removal or due to the larger number of defects. If it concerns irremovable defects, the User shall have the right to reasonable discount from the service price.
- After the end of the period for dealing with the complaint the User shall be entitled to withdraw from the contract or shall have the right for the exchange of service for a new service (provision of new service).
E. Final Provisions
- This complaint policy comes into force and effect on the date of its publication.
- The competent authority performing supervision of the compliance with obligations of the Operator is the Slovak Trade Inspection, Inspectorate of the Slovak Trade Inspection for Žilina Region [Slovenská obchodná inšpekcia, Inšpektorát SOI pre Žilinský kraj], Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1, č. 041/763 21 30, 041/724 58 68, fax č. 041/763 21 39.
- Relevant provisions of the Civil Code and Act on Consumer Protection shall be reasonably applied to other rights and obligations of contracting parties not governed by this complaint policy.
- If the User is in the position of entrepreneur, the liability for defects of services provided by the Operator shall be governed by provisions of the Act No. 513/1991 Coll. Commercial Code as amended.
Žilina, date 19.04.2018