Complaints

Complaints Policy

Article 1

Introductory Provisions

1. 1. These Complaints Policy (hereinafter the „Complaints Policy“) governs the terms, method and place for asserting rights arising from liability for defects in goods that are the subject of the Purchase Agreement concluded between ANJ Nutrition Group s. r. o., with its registered office at Diakovská 9, 927 01 Šaľa, Slovak Republic, registered in the Commercial Register of the District Court Nitra, Section Sro, Insert No. 57891/N, Company ID No.: 54 738 903, Tax ID No.: 2121784390, VAT ID No.: SK2121784390, IBAN account number: SK 9383300000002801920631, e-mail: gams-shop@anj.group, tel. no. +421 903 892 965 (hereinafter the „Seller“), and a natural person or legal entity which purchases goods via the website https://www.gams-shop.com/ (hereinafter the „Website“) in accordance with the Terms and Conditions published on the Website (hereinafter the „Buyer“).

   2. The contractual relationship established by the Purchase Agreement between the Seller, who is an entrepreneur within the meaning of Section 52(3) of Act No. 40/1964 Coll., Civil Code, as amended (hereinafter the „Civil Code“), and the Buyer, who is a consumer within the meaning of Section 52(4) of the Civil Code, is governed by the provisions of the Civil Code, in particular Sections 52 et seq. and 618 et seq. of the Civil Code, further by the Terms and Conditions published on the Website, by these Complaints Policy, as well as by the provisions of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts, as amended (hereinafter the „Consumer Protection Act“), and by other applicable generally binding legal regulations of the Slovak Republic.

   3. Unless expressly stated otherwise in these Complaints Policy, its provisions apply exclusively to relationships established by the Purchase Agreement in which the Buyer is a consumer within the meaning of the applicable legal regulations. Relationships between the Seller and a Buyer who is an entrepreneur are governed by the provisions of the Commercial Code.

   4. The Seller shall be liable for ensuring that the goods are in conformity with the Purchase Agreement, i.e. that the goods have the quality and utility characteristics required by the Purchase Agreement, described by the Seller, or expected on the basis of advertising carried out by the Seller, that the quality and utility characteristics are usual for goods of such kind, that the goods comply with the requirements of legal regulations, are in the stipulated appropriate quantity, measure or weight, and correspond to the purpose of use expressly stated by the Seller for the goods, or for which the goods are ordinarily used.

   5. Words used in these Complaints Policy with an initial capital letter which are not defined herein shall have the meaning defined in the Company’s Terms and Conditions published on the Website.

Article 2

Warranty, Defects in Goods, Complaint, Service

1. 1. The content, scope and conditions of the warranty mean:

1. for which properties of the goods a longer warranty period is provided (it may concern only certain selected properties and need not necessarily concern the item as a whole),

2. what performance the Seller will provide if a defect arises within the provided warranty period,

3. what documents the Buyer must submit when asserting rights arising from such warranty, or what other conditions must be met in order to exercise rights under the provided warranty.

1. 1. A complaint means the assertion of liability for defects in goods or services (hereinafter the „Complaint“).

   2. The Seller shall be liable for any defect that the sold non-food goods have at the time of delivery and that appears within 24 months from delivery of the goods. The Seller therefore provides a warranty for non-food goods for a period of twenty-four (24) months from delivery of the goods. If the Buyer is not a consumer, the warranty period is twelve (12) months from delivery of the goods. Food goods must retain their quality and health safety until the expiry date or best-before date indicated on the packaging of the goods. In the case of goods subject to rapid spoilage, the Buyer is obliged to assert rights arising from liability for defects no later than the day following receipt of the goods, otherwise such rights shall lapse. In the case of used goods, the Seller’s liability for defects shall last for twelve (12) months from delivery of the goods.

   3. For the purpose of properly assessing the Seller’s liability for defects in the goods, the complained goods must be clean, complete and in compliance with hygiene regulations or general hygiene principles. When using the goods, the Buyer is obliged to comply, in addition to generally known rules, with the conditions set out for the use of the goods in the warranty certificate, if issued, or in the instructions for use, and to use and maintain the goods in accordance with their natural lifespan.

   4. If a defect is discovered, the Buyer must not use the defective goods. The Buyer may assert rights arising from liability for defects (i.e. make a complaint regarding the goods) only if the defect is notified within two months from discovery of the defect, no later than the expiry of the Seller’s liability period for defects. The defect may be notified by means of distance communication at the Seller’s registered office address or at the e-mail address stated in Section 2.4 of the Terms and Conditions. The Seller shall provide the Buyer with written confirmation of the notification of the defect without undue delay after the Buyer has notified the defect in accordance with Section 2.12 of the Complaints Policy and shall state the deadline for remedying the defect pursuant to Section 2.13 of the Complaints Policy.

   5. The warranty does not apply to defects in the goods caused by:

1. normal wear and tear,

2. excessive use,

3. neglect of care and maintenance of the goods,

4. overloading contrary to the documentation attached to the goods, general principles, technical standards or safety regulations,

5. use contrary to the purpose of use or the instructions stated in the user manual, or the manufacturer’s instructions,

6. operation in an unsuitable environment and/or damage caused by improper handling,

7. mechanical damage, including accidental damage, in particular damage caused by falling, foreign objects, etc., or any other unauthorized intervention by the Buyer or a third party into or on the goods or any part thereof,

8. exposure of the goods to dangerous effects of thermal and/or electromagnetic radiation,

9. the effects of weather conditions and environmental influences (humidity, dust, direct sunlight, vibrations),

10. force majeure (water, fire, electricity, etc.),

11. accidental or intentional ingress of liquid, insects or foreign objects into the goods,

12. unprofessional intervention during the use of the goods,

13. use of accessories and/or components other than those used by the manufacturer, supplier or Seller,

14. repair or modification of the goods by persons not authorized to perform warranty repairs,

15. discharged batteries, reduction in battery capacity due to wear and tear, defects in the goods caused by electrolyte leakage.

The warranty also does not apply in cases where:

16. the Buyer caused the defect himself/herself,

17. the Buyer was aware of the defect in the goods before taking delivery,

18. the defect is an obvious defect in the goods, and the Buyer did not notify such defect upon receipt of the goods,

19. the goods were a gift received by the Buyer free of charge,

20. the goods have damaged warranty seals, labels or other protective markings,

21. the claim concerns consumable parts consumed before the end of the warranty period,

22. the goods are such that the Buyer asserts defects after the expiry of the warranty period or any other period during which the goods were supposed to retain their specific properties.

1. 1. The Buyer acknowledges that the Seller is not liable for defects in the goods caused solely as a result of the Buyer’s conduct or omission, or if the Buyer knew of the defect before taking delivery of the goods and nevertheless accepted them.

   2. The Buyer further acknowledges that defects arising from improper use / usage, storage and other handling contrary to the Seller’s instructions and the information stated in the package inserts are not considered defects in the goods, and the Seller is not liable for the content of package inserts for the goods provided by the manufacturer of the goods.

   3. The Seller shall not be liable for reduced effects or properties of the goods presented in the description of the goods on the Website or in the accompanying leaflet to the goods, which are caused in particular by:

1. use or consumption of the goods contrary to the recommendation or instructions attached to the goods or stated on the Website,

2. the Buyer’s state of health and its reaction, mental condition, lifestyle, hygiene habits and overall way of life.

1. 1. With respect to used goods, the Seller shall not be liable for defects arising from their use or wear and tear. With respect to goods sold at a lower Purchase Price, the Seller shall not be liable for the defect for which the lower Purchase Price was agreed.

   2. When asserting claims arising from liability for defects (i.e. when making a complaint regarding the goods), the Buyer is obliged to submit proof of purchase of the goods (invoice) and to notify in writing the nature of the defect in the goods. The Buyer is obliged to hand over the goods together with the accessories.

   3. The Seller shall begin dealing with the Buyer’s notice of liability for defects only after receipt of (i) proof of payment (invoice), (ii) a notice describing the nature of the defect in the goods (clear, comprehensible, legible, including the Buyer’s contact details to the extent of name and surname, residence, e-mail, telephone contact and IBAN), and (iii) the goods together with the accessories. If these conditions are not met simultaneously, the Seller shall begin dealing with the Complaint only after the last of the conditions set out in points (i) – (iii) above has been fulfilled, i.e. only once all conditions have been cumulatively met, whereby the Complaint, i.e. the assertion of the Buyer’s rights arising from liability for defects, shall be deemed duly made. If the Complaint is incomplete (including missing particulars within the meaning of point (ii) of this paragraph), the Seller shall request the Buyer to supplement the Complaint, stating that if the Complaint is not supplemented no later than within 10 days from the date of such request, the Seller will consider the Complaint unfounded and the complaints proceedings will not commence; for the avoidance of doubt, the complaints proceedings commence on the day on which the Complaint is duly and fully supplemented. The costs of taking over the item shall be borne by the Seller. The Buyer is obliged to ensure that the complained goods are not damaged during transport.

   4. Unless a longer period is necessary for objective reasons, the Seller shall handle the Complaint no later than within 30 days from the date of its assertion pursuant to Section 2.12 of these Complaints Policy, by:

1. remedying the defect by replacement or repair of the goods,

2. granting a discount on the Purchase Price as defined in the Terms and Conditions under the conditions set out in Section 624 of the Civil Code,

3. rejecting the Complaint,

4. withdrawing from the Purchase Agreement and refunding the Purchase Price.

1. 14. The Buyer has the right to choose whether the defect is remedied by replacement of the goods or repair of the goods. The Buyer may not choose a method of remedying the defect that is impossible or that, compared with the other method of remedying the defect, would cause the Seller disproportionate costs taking into account all circumstances, in particular the value the goods would have without the defect, the seriousness of the defect and the fact whether the other method of remedying the defect would cause the Buyer significant inconvenience. The Seller may refuse to remedy the defect if neither repair nor replacement is possible or if they would require disproportionate costs taking into account all circumstances, including the circumstances referred to in the preceding sentence of this paragraph 2.14 of the Complaints Policy. The Seller shall repair or replace the goods within a reasonable time after the Buyer has notified the defect, free of charge, at the Seller’s own expense and without causing the Buyer serious inconvenience, taking into account the nature of the goods and the purpose for which the Buyer requested the goods. For the purposes of repair or replacement, the Buyer shall send the goods to the Seller at the registered office address. The Seller shall deliver the repaired goods or replacement goods to the Buyer at its own expense by the same or a similar means as those by which the Buyer delivered the defective goods, unless the parties agree otherwise.

   15. In the event that defective goods are replaced with goods free of defects, a new warranty period shall run for the new goods in the duration pursuant to paragraph 2.1 of these Complaints Policy, commencing on the day of receipt of the replaced goods.

   16. If the Seller determines (by testing) that the complained product is not defective or does not meet the manufacturer’s criteria for a warranty complaint, or if the complaints proceedings are to be initiated pursuant to paragraph 2.12 of these Complaints Policy after the expiry of the warranty period, the complaint shall be deemed unjustified and the complained product shall be returned to the Buyer.

   17. If the Buyer fails to collect the goods after the Complaint has been handled, although the handling of the Complaint has been duly notified to the Buyer, the Seller shall proceed as follows:

Upon expiry of the period for collection of the goods, the Seller shall send the goods to the Buyer again; if the Buyer fails to collect the goods again, the Seller may, after the expiry of a reasonable period according to the Seller’s storage capacities, however no later than within six (6) months from the day of the last return of the goods to the Seller, sell or destroy the goods if the goods cannot be sold or if the expected proceeds from the sale of the goods are insufficient to cover the costs of storage and subsequent sale of the goods. If the goods are sold in accordance with the preceding sentence, the Seller shall keep a record of the price and date of sale of the goods. If, after the expiry of the collection period, the Buyer appears and requests delivery of the goods, the Seller shall prove to the Buyer that the goods were repeatedly unsuccessfully delivered to the Buyer and that, because they were not collected within the specified period, the goods were sold or destroyed; in the case of sale of uncollected goods, the Seller may, having regard to the specific circumstances of the case, propose to the Buyer the payment of part of the amount for which the goods were sold, after deduction of reasonable costs associated with storage and sale of the goods.

1. 18. Without prejudice to the other provisions of these Complaints Policy, the Buyer has the right to a discount on the Purchase Price in an amount corresponding to the difference between the value for which the goods were purchased and the value the goods would have if they were free of defects, or to withdraw from the Purchase Agreement at the Buyer’s discretion in the event that (i) the defect is not insignificant, (ii) the Buyer did not contribute to the origin of the complained defect, and (iii):

1. the Seller did not repair or replace the complained goods in breach of the Complaints Policy, the Civil Code and/or the Consumer Protection Act,

2. the Seller refused to remedy the defect on the grounds that repair or replacement of the complained goods is not possible or that such repair or replacement of the complained goods would, having regard to all circumstances (in particular, but not limited to, the type and value of the goods and the nature and seriousness of the complained defect), require disproportionate costs,

3. the Seller declared or it is apparent from the circumstances that the defect in the complained goods will not be remedied within the period under these Complaints Policy,

4. the defect is of such a serious nature that it justifies an immediate discount on the Purchase Price or withdrawal from the Purchase Agreement,

5. despite the repair or replacement of the complained goods, the same defect, which was acknowledged by the Seller, has reappeared in the goods.

For the avoidance of doubt, the conditions set out in points (i) – (iii) must be met cumulatively, i.e. simultaneously. If the subject of the Purchase Agreement was more than one item of goods, the Buyer may withdraw only in relation to the complained goods; in relation to the remaining goods under the Purchase Agreement, withdrawal from the Purchase Agreement is possible only if it cannot reasonably be expected that the Buyer would be interested in the other goods without the complained goods in relation to which the Buyer is primarily withdrawing from the Purchase Agreement.

In the event that a discount or withdrawal from the Purchase Agreement is applied pursuant to this paragraph 2.18 of the Complaints Policy, the Seller shall refund the relevant amount to the Buyer within fourteen (14) days from delivery of the Buyer’s withdrawal from the Purchase Agreement to the Seller, using the same method as that used by the Buyer to pay the Purchase Price, unless the Buyer expressly agrees in writing to another method of refund. The Seller shall bear the costs associated with payment of the relevant amount to the Buyer.

1. 19. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded subject to a resolutive condition that, in the event that the Buyer withdraws from the Purchase Agreement, the gift agreement concerning such gift tied to the goods in relation to which withdrawal from the Purchase Agreement is made shall cease to be effective, and the Buyer is obliged to return the provided gift to the Seller together with the goods.

   20. If the Seller rejects liability for defects, the reasons for such rejection shall be communicated to the Buyer in writing. If the Buyer proves, by means of an expert opinion or professional statement issued by an accredited person, authorized person or notified body, the Seller’s liability for the defect, the Buyer may notify the defect again and the Seller may not reject liability for the defect. The Buyer shall be entitled to reimbursement of reasonably incurred expenses associated with the expert opinion or professional statement referred to in the preceding sentence, provided that the Buyer asserts this right against the Seller within two months from the handling of the Complaint by remedying the defect by repair or replacement of the goods or by a discount on the Purchase Price.

Article 3

Alternative Dispute Resolution and Supervision

1. 1. If a dispute arises between the Buyer and the Seller from the assertion of rights arising from liability for defects, or if the Buyer believes that the Seller has breached other rights of the Buyer, the Buyer has the right to submit a request for remedy to the Seller by e-mail to gams-shop@anj.group or in writing to the Seller’s registered office address. If the Seller responds negatively to the Buyer’s request for remedy as a consumer, or does not respond at all within 30 days from the date of its dispatch, the Buyer has, pursuant to Section 11(3) of Act No. 391/2015 on Alternative Resolution of Consumer Disputes and on Amendments and Supplements to Certain Acts, as amended (hereinafter the „Alternative Consumer Dispute Resolution Act“), the right to submit a proposal to commence alternative dispute resolution, without prejudice to the possibility of turning to a court. The Buyer may submit a proposal to commence alternative dispute resolution in the manner determined pursuant to Section 12 of the Alternative Consumer Dispute Resolution Act, for example to the Slovak Trade Inspection as an alternative dispute resolution body, further information about which can be found at www.soi.sk. The Seller shall at the same time inform the Buyer on a durable medium about the relevant alternative dispute resolution bodies if the Seller has responded negatively to the Buyer’s request for remedy.

   2. The Buyer may also submit a complaint through the RSO alternative dispute resolution platform, which is available online at https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase. A complaint may be submitted via the platform by a Buyer residing in the EU, Norway, Iceland or Liechtenstein. The costs associated with alternative dispute resolution, except for costs pursuant to Section 15(9) of the Alternative Consumer Dispute Resolution Act, shall be borne by each party to the dispute separately without the possibility of reimbursement.

   3. Supervision of the Seller’s compliance with obligations as an entrepreneur is exercised in accordance with Section 26 of the Consumer Protection Act by the Slovak Trade Inspection, SOI Inspectorate for the Trnava Region, Pekárska 23, 917 01 Trnava 1, Supervision Department, tel. no. 033/321 25 27, 033/321 25 21.

Article 4

Final Provisions

1. 1. These Complaints Policy shall enter into force on 13.03.2025, when it was published on the Website. This Complaints Policy forms an inseparable part of the Purchase Agreement.

   2. If any provision of these Complaints Policy is invalid or unenforceable, or becomes so, this shall not affect the validity and enforceability of its remaining provisions, provided that such provision can be separated from these Complaints Policy as a whole. The Seller and the Buyer shall use their utmost efforts to replace such provision with a new provision whose content and effect are as close as possible to the invalid or unenforceable provision.

   3. By placing a binding order, the Buyer confirms that it accepts the Complaints Policy published by the Seller on the Website.

 

COMPLAINT FORM

Buyer:
Name and surname: ……………………………………....................………………
Permanent residence address: …………………………………....……………………..
Telephone: …………………………………………….....…....……………………
E-mail: ………………………………………………………….………………….

Seller:
ANJ Nutrition Group s. r. o.
registered office: Diakovská 9, 927 01 Šaľa, Slovakia
Company ID No.: 54738903, Tax ID No.: 2121784390, VAT ID No.: SK2121784390
E-mail: gams-shop@anj.group, Telephone number: +421 903 892 965

Complaint submission:
Goods:
Specification of the complained goods: .........................................................................

....................................................................................................................................
Date of conclusion of the contract: ..............................................................................................
Tax document number: .............................................................................................
Description of defects in the goods: ........................................................................................................

…...................................................................................................................................

Proposed method of handling the complaint: ...............................................................

…...................................................................................................................................

By sending this form, I agree to all conditions for asserting the complaint. At the same time, I request the issuance of confirmation of the complaint, stating the date of its assertion, the content, the requested method of handling the complaint, together with my contact details for the purpose of informing me about the handling of the complaint.

In ………….……… on ……………..

…………………………………………
signature

Attachments: Invoice No. ………