Algemene voorwaarden

I. General Provisions

1.1. The application of rights from liability for defects and product claims shall be governed by the provisions of § 619 et seq. of Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), Act No. 250/2007 Coll. on consumer protection and on amendment and supplementation of the Act of the Slovak National Council No. 372/1990 Coll. on offenses, as amended (hereinafter referred to as the "Consumer Protection Act"), and Act No. 102/2014 Coll. on consumer protection in the sale of products or provision of services under a contract concluded at a distance or a contract concluded away from the seller's business premises and on amendment and supplementation of certain acts, as amended, and Act No. 22/2004 Coll. on electronic commerce, as amended. This Complaints Procedure is issued in accordance with the provisions of the aforementioned laws.

1.2. The seller is:

Trade name: Mixáno for Dogs s. r. o. ID: 076 66 012 Address: Ohradní 1166/26, Michle, 140 00 Prague 4

The company is registered in the Commercial Register maintained by the Municipal Court in Prague, section C, insert no. 305069

(hereinafter also referred to as the "Seller").

Email and telephone contact of the Seller:

Email: info@mixano.dog Tel. No.: +420 775 276 612

Address for sending correspondence, complaints, withdrawal from contracts, etc.:

Mixáno for Dogs s. r. o., Ohradní 1166/26, 140 00 Prague 4, Czech Republic

1.3. This Complaints Procedure regulates the rights and obligations of the Buyer, who is a consumer, in exercising rights from defects in goods (Products) or services under a distance purchase contract with the Seller through the Seller's electronic store https://mixano.dog (hereinafter also referred to as the "Website").

1.4. A consumer is a Buyer who is a natural person and who, when concluding a purchase contract through the Seller's Website, does not act within the scope of his business activities.

1.5. A distance contract is a contract between the Seller and the consumer agreed and concluded exclusively by means of one or more distance communication means without the simultaneous physical presence of the Seller and the consumer, especially using the website, email, telephone, fax, addressed letter, or offer catalog.

1.6. Products (hereinafter also referred to as "Goods") are goods and services intended for sale and are also published on the Seller's Website.

II. Seller's Liability for Product Defects (Products and Services)

2.1. The Seller is obliged to deliver the item (Product) or service in accordance with the concluded purchase contract, i.e., in the required quality, quantity, and without defects (factual, legal) together with all documents necessary for the operation and use of the Product (e.g., manuals, instructions for use, warranty certificates, tax documents related to the Product, and other documents, if they exist and are typical for the given products).

2.2. The Seller is responsible for defects that the sold Product or service has at the time of receipt by the Buyer. If it is not about used items, the Seller is responsible for defects that occur after the receipt of the item during the warranty period (warranty), which is in the case of food the period of minimum durability or consumption period. The Product marked as food or foodstuff retains the required quality and health safety until the specified date, which is the date of consumption or the date of minimum durability, marked on the product packaging. For used items, the Seller is not responsible for defects caused by their use or wear. For items sold at a lower price, the Seller is not responsible for a defect for which a lower price was agreed.

2.3. The Seller recommends that the Buyer claim defects in Products or services with the Seller without undue delay, but no later than the expiration of the warranty period.

2.4. From the moment of handing over the Product for transport to the carrier, the carrier is responsible for any damage. The Buyer or the person authorized by him is entitled to inspect the delivered Product upon its receipt. For this reason, it is necessary for the Buyer or the person authorized by him to check whether the packaging in which the Product is packed is not damaged when receiving the Product. In case of its damage, it is necessary to refuse to accept the Product or to write a record with the carrier on the spot or accept the Product and immediately write a record with the carrier about the detected defects caused during transport.

2.5. If the Buyer discovers damage to the Product or another defect only after its receipt, it is necessary to report this fact without undue delay. An incomplete or damaged shipment must be reported without undue delay by email to info@mixano.dog

2.6. If the Buyer accepts the Product despite the evident damage to the packaging, the Seller may not recognize any subsequent complaints for this reason, or they may be recognized only if the Buyer proves that the claimed defects were already present in the Product at the time of its receipt by the Buyer.

III. Warranty Period

3.1. The warranty period is 24 months. The warranty period for a used item is 12 months. Warranty periods start from the receipt of the item or service by the Buyer.

Rights from liability for defects in items that deteriorate quickly must be claimed by the Buyer no later than the day following the purchase; otherwise, the rights expire (e.g., Feed mixtures and other food). For Products where the date of minimum durability is indicated, the warranty period is valid until this date. 3.2. The Product must be consumed by the date indicated on the package. After opening, the Product must be consumed immediately.

3.3. For items intended to be used for a longer period, special regulations establish a warranty period longer than 24 months. A warranty period exceeding 24 months may apply only to a certain part of the item.

3.4. The warranty does not cover damage caused by:

mechanical damage to the Product, using the Product in conditions that do not correspond to its temperature, humidity, chemical, and mechanical environmental influences, not reporting obvious defects upon receipt of the Product, unprofessional handling or neglect of care for the Product, excessive loading or use contrary to general principles, natural elements or force majeure, accidental spoilage or accidental deterioration. if the Buyer does not exercise his right concerning the Seller's liability for a defect in the Product by the end of the Product's warranty period, if the Product defect occurred after damage to the Product by unavoidable and/or unforeseeable events,

III. Warranty Terms

3.5. At the request of the Buyer, the Seller is obliged to provide a warranty in written form (warranty certificate). If the nature of the item allows, instead of a warranty certificate, a purchase receipt may suffice.

3.6. By a statement in the warranty certificate issued to the Buyer or in advertising, the Seller may provide a warranty exceeding the scope of the warranty established by law. In the warranty certificate, the Seller shall specify the conditions and extent of this warranty.

3.7. Warranty periods begin from the receipt of the Product by the Buyer. If the Product is to be put into operation by an entrepreneur other than the Seller, the warranty period begins from the date of commissioning of the Product, provided that the Buyer ordered the commissioning no later than three weeks after receiving the Product and duly and timely provided the necessary cooperation for the service.

3.8. If a new Product is exchanged, the warranty period starts anew from the receipt of the new Product.

3.9. If a part of the new Product is exchanged, where the nature of the Product allows, the warranty period for the mentioned part starts anew from the receipt of the new Product. The same applies if a part of the Product for which a warranty was provided is exchanged.

3.10. The warranty period is extended by the period during which the Product was under complaint. Rights from liability for defects of the Product, for which the warranty period applies, expire if they were not claimed within the warranty period.

3.11. The Seller declares that in the case of the length of the warranty period in business relations between the Seller and the Buyer, who does not act in the position of a consumer, the Seller assumes a warranty for the quality of the Product for a duration of 12 months. The warranty period begins according to the provision of Article III, paragraph 3.1 of this Complaints Procedure.

IV. Procedure for Exercising Rights from Liability for Defects (Complaints)

4.1. The Buyer is entitled to exercise rights from liability for defects of the item, Product, or service at the address: Mixáno for Dogs s. r. o., Ohradní 1166/26, Michle, 140 00 Prague 4, Czech Republic, by email at info@mixano.dog or by phone at 00420 775 276 612.

4.2. The Buyer may always exercise the right to personally file a complaint at any of the Seller's establishments where accepting the complaint is possible due to the nature of the item, or at the Seller's headquarters, or through third parties such as transport companies, courier services, Slovak Post, etc. The Seller recommends that Buyers use this Complaint Form to file a complaint.

4.3. If the Buyer complains about a Product or service other than in person, the Seller recommends that the Buyer send the Product along with a detailed description of the Product's defect, and a document proving the purchase of the Product from the Seller (e.g., payment receipt, invoice, warranty certificate), for the purpose of expediting the complaint process.

4.4. The Seller recommends sending the Product in the event of a complaint by registered form. The Seller advises not to send the Product by cash on delivery, which will not be accepted by the Seller. When returning, the Product should be packaged to prevent damage. Damage to the Product during transport may result in the rejection of the complaint. The risk of damage to the Product being the subject of the complaint is borne by the Buyer until the moment of receipt of this Product by the Seller.

4.5. The complaint procedure concerning a Product that can be delivered to the Seller begins on the day when all of the following conditions are cumulatively met:

a) Delivery of the complaint notification to the Seller, for example, in the form of a Complaint Form, which is available here,

b) Delivery of the complained Product (along with the relevant documents) from the Buyer to the Seller or a designated person.

The Buyer is required to present the complained Product cleaned, free of all impurities, and hygienically safe. The Seller is entitled to refuse to accept a Product for the complaint procedure that does not meet the above general hygiene principles.

4.6. If the submission by which the Buyer exercises the complaint is incomplete (especially illegible, unclear, incomprehensible, does not contain the required documents, etc.), the Seller will request in writing, especially by email, from the Buyer to complete the submitted complaint. In this case, the complaint procedure begins on the day of delivery of the completed submission. If the Buyer does not complete the submitted complaint without undue delay, no later than 10 days from the date of delivery of the Seller's request according to the previous sentence, the Seller will consider the submission as unjustified.

4.7. The Seller is obliged to issue a confirmation to the Buyer when filing a complaint, in which he is obliged to precisely identify the complained defects of the Product, and further is obliged to instruct the consumer about his rights arising from the Civil Code. It is up to the consumer to decide which of these rights to exercise. If the complaint is filed through remote communication means, the Seller is obliged to deliver the confirmation of the complaint filing to the Buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the document on handling the complaint; the confirmation of the complaint filing does not have to be delivered if the Buyer can prove the filing of the complaint in another way.

4.8. The Seller is obliged to issue a written document on handling the complaint no later than 30 days from the date of filing the complaint, but no later than together with the document on handling the complaint, if the period for handling the complaint began to run from the date of receipt of the subject of the complaint by the Seller.

4.9. Handling the complaint does not affect the Buyer's right to compensation for damages according to a special regulation.

4.10. The Buyer is obliged to specify the method of handling immediately, in complex cases no later than within 3 working days from the date of filing the complaint, in justified cases, especially if complex technical assessment of the condition of the product or service is required, no later than within 30 days from the date of filing the complaint. After determining the method of handling the complaint, the complaint is handled immediately, in justified cases, the complaint may be handled later; however, handling the complaint must not take longer than 30 days from the date of filing the complaint. If the receipt of the subject of the complaint by the Seller occurs on a later date than the day of filing the complaint, then the deadlines for handling the complaint according to this paragraph begin to run from the day of receipt of the subject of the complaint by the Seller; however, no later than from the moment when the Seller prevents or hinders the receipt of the subject of the complaint. After the expiration of the deadline for handling the complaint, the Buyer has the right to withdraw from the contract or has the right to exchange the Product (subject of the complaint) for a new Product.

4.11. If the Buyer filed a complaint about the Product within the first 12 months of purchase, the Seller can handle the complaint by rejection only based on a professional assessment; regardless of the result of the professional assessment, the Buyer cannot be required to pay the costs of the professional assessment or other costs associated with the professional assessment. The Seller is obliged to provide the Buyer with a copy of the professional assessment justifying the rejection of the complaint no later than 14 days from the date of handling the complaint.

4.12. If the Buyer filed a complaint about the product after 12 months from the purchase and the Seller rejected it, the person who handled the complaint is obliged to state in the document on handling the complaint, to whom the Buyer can send the product for professional assessment. If the product is sent for professional assessment to a designated person, the costs of the professional assessment, as well as all other related reasonably incurred costs, are borne by the Seller regardless of the result of the professional assessment. If the Buyer proves the Seller's responsibility for the defect by professional assessment, he may file the complaint again; during the professional assessment, the warranty period does not run. The Seller is obliged to reimburse the Buyer within 14 days from the day of re-filing the complaint for all costs incurred on the professional assessment, as well as all related reasonably incurred costs. The re-filed complaint cannot be rejected.

4.13. The Buyer has the right to reimbursement of necessary costs (especially postage paid when sending the complained Product), which were incurred in connection with the exercise of legitimate rights from liability for defects of Products and services. In the event of withdrawal from the contract due to a defect in the item or service, the Buyer also has the right to reimbursement of costs related to this withdrawal.

4.14. If the nature of the Product allows, the Buyer shall hand over the Product to the Seller (designated person) when filing a complaint. If the nature of the Product does not allow delivering the Product to the Seller (designated person), the Buyer may request the removal of the defect at the place where the Product is located or agree with the Seller (designated person) on the method of transporting the Product.

4.15. The Seller handles the complaint by delivering the repaired Product, exchanging the Product, returning the price of the Product, paying an appropriate discount from the price of the Product, a written invitation to accept the performance (Product), or a justified rejection of the complaint.

V. Rights of the Buyer in Exercising Rights from Liability for Defects

5.1. If it is a removable defect, the Buyer has the right to have it removed free of charge, promptly, and properly. The Seller is obliged to remove the defect without undue delay.

5.2. Instead of removing the defect, the Buyer may request the exchange of the Product, or if the defect concerns only a part of the Product, the exchange of the part, if this does not cause the Seller disproportionate costs in relation to the price of the Product or the severity of the defect.

5.3. The Seller can always exchange the defective Product for a defect-free one instead of removing the defect, if this does not cause serious difficulties for the Buyer.

5.4. If it is a non-removable defect that prevents the Product from being properly used as an item without a defect, the Buyer has the right to exchange the Product or has the right to withdraw from the contract. The same rights belong to the Buyer if, although it is a removable defect, the Buyer cannot properly use the Product due to the repeated occurrence of the defect after repair or due to a larger number of defects. For the purposes of the complaint, the occurrence of one removable defect more than twice is considered a repeatedly removable defect. For the purposes of the complaint, the occurrence of more than three different removable defects at the same time is considered a larger number of different removable defects.

5.5. If it is other non-removable defects, the Buyer has the right to an appropriate discount from the price of the Product.

5.6. If the Seller proves that the Buyer knew about the defect of the Product before taking it over or about which, taking into account the circumstances under which the purchase contract was concluded, he had to know or caused it himself, the Seller is not obliged to comply with the Buyer's claim.

VI. Final Provisions

6.1. This Complaints Procedure forms an integral part of the General Business Terms and Conditions and the Personal Data Protection Rules of the Seller. The General Business Terms and Conditions and the Personal Data Protection Rules are published on the domain of the Seller's Website.

6.2. In the event of a change in the Complaints Procedure, the relationship between the Buyer and the Seller is governed according to the Complaints Procedure valid and effective at the conclusion of the purchase contract, until the moment of its termination.

6.3. This Complaints Procedure is valid and effective from the moment of its publication on the Seller's Website on January 10, 2022.