Complaints Procedure

Part A – Common provisions

The provisions of Part A apply to every buyer, regardless of whether the buyer is a consumer, an entrepreneur or a legal entity.

1. Basic provisions and identification of the seller

The seller is the company:

• Business name: V.J.K. GUMKÁČI s. r. o.
• Registered office: Karadžičova 4111/47, 811 07 Bratislava, Slovak Republic
• Company ID (IČO): 44212844, Tax ID (DIČ): 2022621502, VAT ID (IČ DPH): SK2022621502
• Registration: Commercial Register of the Bratislava III City Court, section: Sro, insert No. 52786/B
• Managing director: Jaroslav Kubica
• Phone: +421 903 266 076
• E-mail: vjk@vjk.sk

This complaints procedure applies to goods sold in the assortment of rubber products (rubber flooring, mats, seals, profiles and other goods) and governs the assertion of liability for defects under purchase contracts concluded through the seller's e-shop. It forms an inseparable part of the seller's terms and conditions and uses the same definitions of terms as the terms and conditions.

Supervisory and control authority:

• Slovenská obchodná inšpekcia (the Slovak Trade Inspection), Inšpektorát SOI pre Bratislavský kraj (the SOI Inspectorate for the Bratislava Region);
• Address: Prievozská 1325/32, 821 05 Bratislava–Ružinov;
• Phone: 02/582 722 03, e-mail: helena.molekova@soi.sk, web: www.soi.sk.

Slovenská obchodná inšpekcia is the authority supervising compliance with the seller's obligations towards the consumer.

2. Definition of the buyer and the mutual relationship of Parts A, B and C

This complaints procedure distinguishes two types of buyer in the same way as the terms and conditions:

• Buyer-consumer (hereinafter also the “consumer”) – a natural person who, in concluding and performing the purchase contract, does not act within the scope of their business activity, employment or profession (§ 52 ods. 4 Občianskeho zákonníka). A consumer may also be a natural person who is an entrepreneur (for example a sole trader or a self-employed person), if the particular purchase is not connected with their business activity; what is decisive is the purpose of the purchase, not the mere stating of a Company ID.
• Buyer-entrepreneur – a person who, in concluding and performing the purchase contract, acts within the scope of their business activity or profession, as well as every legal entity (for example a limited liability company, a joint-stock company, a municipality, a school or a civic association). A legal entity is not a consumer, regardless of what goods it purchases and for what purpose it purchases them. Wherever this document refers to the buyer-entrepreneur, a legal entity is also understood thereby.

If the buyer is a consumer, the complaint is governed by Part A and Part B. No provision of Part C applies to a consumer and no such provision may be applied against them. Should Part A be in conflict with Part B, Part B prevails in the case of a consumer.

If the buyer is not a consumer, the complaint is governed by Part A and Part C; Part B does not apply to such a buyer. Should Part A be in conflict with Part C, Part C prevails.

No provision of this complaints procedure may be interpreted so as to deprive the consumer of the rights conferred on them by the mandatory provisions of generally binding legal regulations, in particular the Občiansky zákonník and zákon č. 108/2024 Z. z. Any such provision shall be disregarded in relation to the consumer.

How the buyer identifies themselves as an entrepreneur: in the order, the buyer ticks the field “I am buying for a company” and fills in the business name, Company ID (IČO), Tax ID (DIČ) and, in the case of a VAT payer, also the VAT ID (IČ DPH). By stating the IČO, DIČ or IČ DPH in the order, the buyer declares that they are concluding the purchase contract within the scope of their business activity or profession, or that they are concluding it as a legal entity, and acknowledges that a complaint arising from such a purchase contract is governed by Part C and that Part B does not apply to it. If the buyer states none of these data, the seller deals with them as with a consumer.

This declaration is not a waiver of consumer rights. What is always decisive is the actual purpose of the purchase, and not the ticking of the field, the mere stating of a Company ID or the issuing of an invoice to a Company ID (§ 52 ods. 4 and § 54 ods. 1 Občianskeho zákonníka). If a natural person purchased the goods outside the scope of their business activity, employment or profession, they remain a consumer and their complaint is assessed under Part B even if they ticked the said field or stated a Company ID; in such a case please contact the seller at vjk@vjk.sk and the seller will deal with them as with a consumer. The mere stating of a Company ID does not automatically mean that the buyer is not a consumer.

Overview of the main differences (details are set out in Parts B and C):

Area	Buyer-consumer (Part B)	Buyer-entrepreneur and legal entity (Part C)
Governing legal regulation	Občiansky zákonník and zákon č. 108/2024 Z. z.	Obchodný zákonník (zákon č. 513/1991 Zb.)
Period of liability for defects	24 months, extension by 12 months after the first repair	liability for defects at the passing of the risk of damage; guarantee of quality only if provided in writing
Notification of a defect	at any time during the period of liability for defects	without undue delay, at the latest within two years of delivery of the goods
Period for settling a complaint	at the latest within 30 days	a reasonable period according to the nature of the defect
Withdrawal from the contract without giving a reason	yes, extended period of 30 days; does not apply to goods made to measure (point 11)	no
Alternative dispute resolution	yes	no

3. Liability for defects and definition of a defect

The seller is liable for defects that the sold goods have at the time of their receipt by the buyer. The scope and the period of liability for defects differ according to whether the buyer is a consumer (Part B) or a buyer-entrepreneur and legal entity (Part C).

Liability for defects also applies to goods made according to the buyer's special requirements, i.e. to goods cut to length or to size and sold by m² (rubber flooring, mats and gasket sheets cut to measure); in the case of goods adjusted to a size determined by the consumer, however, their withdrawal from the contract without giving a reason is excluded under the conditions governed by the terms and conditions and by point 11 of this complaints procedure. The buyer-entrepreneur and the legal entity have no right to withdraw from the contract without giving a reason at all (point 13).

A defect means in particular a discrepancy between the properties of the delivered goods and the agreed properties or the properties that the buyer, taking into account the nature of the goods and on the basis of the information provided by the seller, could reasonably expect. The following is not considered a defect:

• wear and tear of the goods caused by their normal use;
• damage caused by improper use, storage, care or mechanical damage on the part of the buyer;
• natural properties of rubber materials (e.g. slight deviations in shade, surface structure or the characteristic smell of rubber);
• damage caused by improper installation or by intervention by the buyer or a third party; if, however, the assembly or installation formed part of the purchase contract and was carried out by the seller or was carried out under the seller's responsibility, or if the buyer was to carry it out and carried it out incorrectly as a result of shortcomings in the assembly or installation instructions provided by the seller, this constitutes a defect for which the seller is liable (§ 619 ods. 5 Občianskeho zákonníka).

In relation to the consumer, the foregoing list is without prejudice to the presumption under § 620 ods. 1 Občianskeho zákonníka: if a defect becomes apparent during the period of liability for defects, it is the seller, and not the consumer, who is obliged to prove the existence of any of the stated grounds.

4. Making a complaint

The buyer may make a complaint about a defect of the goods with the seller in one of the following ways:

• In person at the shop: Rubber goods shop, Karadžičova 47, 811 07 Bratislava, during opening hours Monday–Thursday 9:00–17:00, Friday 9:00–13:00;
• By e-mail at vjk@vjk.sk;
• By phone at +421 903 266 076 (for an initial consultation on the complaint procedure).

To speed up the processing, we recommend using the complaint form, which you can download here: Complaint form to download.

When making a complaint, it is necessary to attach, or state in particular:

• proof of purchase of the goods (invoice or other document proving the purchase from the seller); if the consumer does not have such a document, it is sufficient to state the order number, the e-mail address used for the order or another particular by which the seller can verify the purchase in its records – the seller will not reject a consumer's complaint solely because the consumer has not submitted proof of purchase;
• an accurate description of the defect and the way the defect manifests itself;
• identification of the goods being complained about and the buyer's contact details.

The buyer-entrepreneur and the legal entity shall also state in the complaint the business name and the Company ID (IČO) under which the order was placed, and the invoice number.

5. Confirmation of the making and of the settlement of a complaint

The seller issues the buyer a written confirmation of the making of the complaint. This confirmation contains in particular the date of making the complaint, data on what the content of the complaint is, what manner of settling the complaint the buyer requests and the period within which the seller will remove the defect (§ 622 ods. 3 Občianskeho zákonníka). That period must not be longer than 30 days from the day of making the complaint, unless a longer period is justified by an objective reason beyond the seller's control. If the complaint is made in person, the seller hands over the confirmation immediately; if it is made in another way (for example by e-mail), the seller delivers it to the buyer without delay, at the latest together with the document on the settlement of the complaint.

The seller or an employee authorised by the seller decides on the complaint without delay.

On the settlement of the complaint, the seller issues the buyer a written confirmation of the settlement of the complaint, in which it states the date and manner of settlement of the complaint, or the justification for the rejection of the complaint. The period for settling a consumer's complaint is governed by point 10; the period for settling a complaint of a buyer-entrepreneur and of a legal entity is governed by point 17.

6. Taking over the consignment and inspection of the goods on delivery

We recommend that the buyer check the condition of the consignment and its contents immediately upon taking it over from the carrier. We recommend that obvious damage to the packaging or to the goods and any difference in the quantity delivered be asserted directly with the carrier and recorded in the transport document (the delivery note or a damage report) upon taking over the consignment; such a record substantially simplifies the settlement of a complaint. For the buyer-entrepreneur and the legal entity, this inspection is an obligation under point 14.

The terms of transport and delivery of the goods are set out on the page Shipping and Payment.

7. Related documents

This complaints procedure is part of the seller's contractual terms. You can find further information in the document Terms and Conditions, which also governs the terms of withdrawal from the contract and other rights and obligations of the contracting parties. Information on the processing of personal data can be found in the document Protection of Personal Data.

Part B – Special provisions for the buyer-consumer

The provisions of Part B apply exclusively to the buyer-consumer, i.e. to a natural person who, in concluding and performing the purchase contract, does not act within the scope of their business activity, employment or profession. Part B does not apply to the buyer-entrepreneur or to a legal entity.

8. Period of liability for defects and its extension after a repair

The seller is liable for defects that the sold goods have at the time of their receipt by the consumer, as well as for defects that occur after the receipt of the goods within the warranty period. For goods sold to a consumer, the statutory liability for defects (warranty period) is 24 months from receipt of the goods, unless a special legal regulation provides otherwise (§ 619 ods. 1 Občianskeho zákonníka).

After the first removal of a defect by repair of the item, the period of liability for defects of the item is extended by 12 months. The period of liability for defects of the item is extended only once, regardless of the number of repairs of the item (§ 619 ods. 4 Občianskeho zákonníka).

If a defect becomes apparent before the expiry of the period of liability for defects, including its extension after the first repair, it is presumed that the goods already had that defect at the time of delivery; this does not apply if the contrary is proved or if such a presumption is incompatible with the nature of the goods or of the defect (§ 620 ods. 1 Občianskeho zákonníka). The consumer is not obliged to prove that the defect existed at the time of delivery of the goods; the burden of proving the contrary lies with the seller.

9. Consumer's rights in the case of defects of goods

If the delivered goods have a defect for which the seller is liable, the consumer, depending on the nature of the defect, has in particular the right to:

• repair of the goods (removal of the defect);
• replacement of the goods or of their defective part;
• a reasonable discount from the purchase price;
• withdrawal from the contract and return of the purchase price.

The manner of removing the defect – repair or replacement of the goods – is chosen by the consumer (§ 623 ods. 1 Občianskeho zákonníka). The consumer may not choose a manner that is impossible or that, in comparison with the other manner, would cause the seller disproportionate costs; the seller may refuse to remove the defect only if neither repair nor replacement is possible or if they would require disproportionate costs (§ 623 ods. 3 Občianskeho zákonníka). Before removing the defect, the seller informs the consumer of the right to choose between repair and replacement and of the extension of the period of liability for defects by 12 months after the first repair (§ 623 ods. 2 Občianskeho zákonníka). The consumer has the right to a reasonable discount from the purchase price, or may withdraw from the contract, in particular if the seller has not removed the defect or has refused to remove it, if the goods have the same defect despite repair or replacement, or if the defect is of such a serious nature that it justifies an immediate discount from the purchase price or withdrawal from the contract (§ 624 ods. 1 Občianskeho zákonníka).

10. Period for settling a consumer's complaint

A consumer's complaint, including the removal of the defect, must be settled at the latest within 30 days from the day it is made. A longer period is permissible only if it is justified by an objective reason beyond the seller's control; the seller is obliged to prove the existence of such a reason (§ 622 ods. 3 Občianskeho zákonníka). After the fruitless expiry of the period for settling the complaint, the consumer has the right to a reasonable discount from the purchase price or may withdraw from the contract (§ 624 ods. 1 Občianskeho zákonníka).

On the settlement of the complaint, the seller issues the consumer a written confirmation of the settlement of the complaint at the latest within 30 days from the day of making the complaint. In this confirmation it states the date and manner of settlement of the complaint, or the justification for the rejection of the complaint.

11. Withdrawal from the contract without giving a reason

Withdrawal from the contract without giving a reason is not a complaint; it is set out here only for the sake of completeness. The consumer is entitled to withdraw from a purchase contract concluded at a distance even without giving a reason; the statutory period for withdrawal is 14 days and the seller, beyond the scope of the law, provides an extended period of 30 days from the day of receipt of the goods. Details, including the withdrawal function under § 20a zákona č. 108/2024 Z. z. and the withdrawal form, are governed by the terms and conditions.

In accordance with zákon č. 108/2024 Z. z., the consumer may not withdraw from a contract the subject of which is the sale of goods made according to the consumer's special requirements or of goods made to measure, i.e. goods cut to length or to size according to the consumer's requirement. The exception does not apply to goods supplied in standard sizes, nor to goods supplied in whole pieces whose number is merely converted to square metres (for example recycled rubber paving for outdoor use). This exception does not affect the rights arising from defects of the goods under points 8 to 10.

The extended period of 30 days is a voluntary above-standard performance by the seller provided exclusively to the consumer. The buyer-entrepreneur and the legal entity have no right to withdraw from the contract without giving a reason (point 13).

12. Alternative dispute resolution

If the consumer is not satisfied with the manner in which the seller settled their complaint, or if they believe that the seller has violated their rights, they have the right to contact the seller with a request for redress (by e-mail at vjk@vjk.sk). If the seller responds to the request with a rejection or does not respond to it within 30 days from the day of its sending, the consumer has the right to file a proposal to initiate alternative dispute resolution with an alternative dispute resolution entity under zákon č. 391/2015 Z. z. o alternatívnom riešení spotrebiteľských sporov (Act No. 391/2015 Coll. on alternative resolution of consumer disputes).

The competent entity for alternative dispute resolution is Slovenská obchodná inšpekcia (SOI), www.soi.sk, or another authorised legal entity entered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the SR. The consumer has the right to choose which of the stated entities to contact.

Alternative dispute resolution is a right of the consumer. It does not apply to disputes with the buyer-entrepreneur or with a legal entity (§ 1 ods. 1 písm. a) and § 2 ods. 2 zákona č. 391/2015 Z. z.).

Part C – Special provisions for the buyer-entrepreneur and legal entities

The provisions of Part C apply exclusively to a buyer who is not a consumer, i.e. to a person acting within the scope of their business activity or profession and to every legal entity. No provision of Part C applies to the buyer-consumer.

13. Governing law and exclusion of the provisions on consumer contracts

A complaint of a buyer-entrepreneur and of a legal entity is governed by zákon č. 513/1991 Zb. Obchodný zákonník, in particular by its provisions on the purchase contract (§ 409 et seq.) and on claims arising from defects of the goods (§ 422 to § 441). If both contracting parties are entrepreneurs and it is evident at the time of the formation of the obligation relationship, having regard to all the circumstances, that the relationship concerns their business activity, this is an obligation relationship under § 261 ods. 1 Obchodného zákonníka; if the buyer is a self-governing territorial unit or another person listed in § 261 ods. 2 Obchodného zákonníka and the obligation relationship meets the conditions of that provision, it is governed by the Obchodný zákonník pursuant to § 261 ods. 2. Should the relationship not fall under those provisions, the contracting parties have agreed, in accordance with § 262 ods. 1 Obchodného zákonníka, that it is governed by the Obchodný zákonník, by the procedure set out in the terms and conditions; if the buyer is not an entrepreneur, this agreement applies only to the extent that it does not lead to a deterioration of the buyer's legal position (§ 262 ods. 1, second sentence, Obchodného zákonníka).

The buyer-entrepreneur and the legal entity are not a consumer within the meaning of § 52 ods. 4 Občianskeho zákonníka. The following therefore do not apply to a complaint made by such a buyer:

• liability for defects under the consumer regime – § 619 to § 627 Občianskeho zákonníka, including the 24-month period of liability for defects, the extension by 12 months after the first repair under § 619 ods. 4, the presumption that the defect existed at the time of delivery under § 620 ods. 1 and the order of claims under § 623 and § 624; points 14 to 17 apply instead;
• the 30-day period for settling a complaint under § 622 ods. 3 Občianskeho zákonníka;
• the right to withdraw from the contract without giving a reason under § 19 to § 22 zákona č. 108/2024 Z. z., including the statutory 14-day period, the voluntary extended period of 30 days under point 11 and the withdrawal function under § 20a of that act;
• alternative dispute resolution under zákon č. 391/2015 Z. z., which applies only to consumer disputes (§ 1 ods. 1 písm. a) and § 2 ods. 2);
• protection against unfair contract terms under § 53 Občianskeho zákonníka and pre-contractual information duties under § 5 and § 15 zákona č. 108/2024 Z. z.

The seller may allow the return of goods by a buyer-entrepreneur on the basis of an individual agreement; there is, however, no legal entitlement to such a return.

14. Inspection of the goods and notification of defects

The seller is liable for a defect that the goods have at the moment of the passing of the risk of damage to the goods to the buyer, even if the defect becomes apparent only after that time (§ 425 ods. 1 Obchodného zákonníka). The seller is likewise liable for any defect arising after that moment if it is caused by a breach of the seller's obligations (§ 425 ods. 2 Obchodného zákonníka). The moment of the passing of the risk of damage to the goods is governed by § 455 et seq. Obchodného zákonníka; the provisions of Part A on liability for defects of the goods at the time of their receipt do not apply to the buyer-entrepreneur or to a legal entity.

The buyer is obliged to inspect the goods as soon as possible after the passing of the risk of damage to the goods, having regard to the nature of the goods (§ 427 ods. 1 Obchodného zákonníka); if the contract includes the transport of the goods, the inspection may be postponed until the goods are transported to the place of destination (§ 427 ods. 2 Obchodného zákonníka).

Damage in transport and differences in quantity: the buyer is obliged to assert obvious damage to the consignment or to the goods and any difference between the quantity delivered and the quantity ordered with the carrier upon taking over the consignment and to have it recorded in the transport document (the delivery note or a damage report). Without such a record it may not be possible to assert a claim against the carrier and subsequently against the seller.

The buyer is obliged to notify the seller of defects of the goods without undue delay after having discovered them, or after having been able to discover them with the exercise of professional care during the inspection that the buyer is obliged to carry out, and in the case of latent defects at the latest within two years of delivery of the goods (§ 428 ods. 1 Obchodného zákonníka). The notification must contain a description of the defect or a statement of how the defect manifests itself.

If the buyer fails to notify the defects in time, the right arising from the defects of the goods may not be granted to the buyer in court proceedings if the seller objects in those proceedings that the defects were not notified in time (§ 428 ods. 2 Obchodného zákonníka); the right arising from the defects does not thereby lapse. These effects do not arise if the defects of the goods are a consequence of facts of which the seller knew or must have known at the time of delivery of the goods (§ 428 ods. 3 Obchodného zákonníka). If a guarantee of quality has been provided for the goods, the guarantee period applies instead of the two-year period.

15. Guarantee of quality

The seller does not provide the buyer-entrepreneur or a legal entity with a guarantee of quality of the goods under § 429 Obchodného zákonníka, unless agreed otherwise in writing. The seller's obligation arising from a guarantee of quality arises towards such a buyer only if the guarantee is provided in written form and with the guarantee period stated (§ 429 ods. 1 Obchodného zákonníka).

In accordance with § 263 ods. 1 Obchodného zákonníka, the contracting parties derogate from § 429 ods. 2 Obchodného zákonníka and agree that the indication of the length of the guarantee period, of the durability period or of the period of usability of the goods on their packaging, in a technical data sheet or in the manufacturer's accompanying documentation is, in relation to the buyer-entrepreneur and to a legal entity, regarded solely as information on the properties of the goods and does not have the effects of the seller assuming an obligation arising from a guarantee of quality. The seller assumes a guarantee of quality exclusively in the manner set out in the preceding paragraph.

The non-provision of a guarantee of quality does not affect the seller's liability for defects that the goods had at the passing of the risk of damage under point 14.

16. Claims arising from defects of the goods

The claims of the buyer-entrepreneur and of a legal entity arising from defects of the goods are governed by § 436 to § 441 Obchodného zákonníka. In accordance with § 263 ods. 1 Obchodného zákonníka, which permits derogation from § 422 to § 441, the contracting parties have agreed as follows:

• If the delivery of goods with defects constitutes a material breach of the contract, the buyer may demand the removal of the defect by the delivery of substitute goods, the delivery of the missing goods, the removal of the defect by repair, a reasonable discount from the purchase price, or may withdraw from the contract; the buyer is obliged to notify the seller of its choice in the notification of defects under point 14 or without undue delay thereafter (§ 436 ods. 1 and 2 Obchodného zákonníka).
• If the delivery of goods with defects constitutes a non-material breach of the contract, the buyer may demand the delivery of the missing goods and the removal of the other defects of the goods, or a discount from the purchase price (§ 437 ods. 1 Obchodného zákonníka). In this case the seller decides on the manner of removing the defect – by repair of the goods or by delivery of substitute goods, whereby the chosen manner of removing the defects must not cause the buyer to incur disproportionate costs (§ 437 ods. 2 Obchodného zákonníka).
• In the case of a non-material breach of the contract, the buyer may not withdraw from the contract before the expiry of the additional reasonable period granted to the seller for the removal of the defect, or before the seller declares that it will not remove the defect.

Until the defect is removed, the buyer is not obliged to pay that part of the purchase price which would correspond to the buyer's claim to a discount if the defect were not removed.

17. Settlement of a buyer-entrepreneur's complaint

The settlement of claims arising from defects asserted by a buyer-entrepreneur or by a legal entity is not subject to the 30-day period under § 622 ods. 3 Občianskeho zákonníka. The seller settles such a complaint within a reasonable period according to the nature of the defect, the complexity of its assessment and the availability of the goods, and keeps the buyer informed of the course of the settlement.

The seller also issues a written confirmation of the making of a complaint and a written confirmation of its settlement under point 5 to the buyer-entrepreneur and to a legal entity. A complaint is made in the ways set out in point 4; we recommend using the complaint form.

18. Compensation for damage

The seller's liability for damage towards the buyer-entrepreneur and a legal entity is governed by § 373 et seq. Obchodného zákonníka and is regulated in more detail in the terms and conditions. Under § 379 Obchodného zákonníka, damage exceeding the damage which the obliged party foresaw at the time of the formation of the obligation relationship as a possible consequence of the breach of its obligation, or which could have been foreseen, is not compensated.

No provision of this complaints procedure constitutes a waiver of the right to compensation for damage or an advance limitation of that right. The contracting parties expressly confirm that, in accordance with § 386 ods. 1 Obchodného zákonníka, the right to compensation for damage may not be waived before the breach of the obligation from which the damage may arise.