Complaints Policy

This English version is provided for convenience. If it differs from the Slovak version, the Slovak version prevails.Note: This text is for information purposes only and we recommend having it legally reviewed. The operator of the online shop and the seller is TMB CAPITAL s. r. o., Company ID (IČO): 57 256 730, with its registered office at Lermontovova 911/3, 811 05 Bratislava – mestská časť Staré Mesto.

1. Introductory provisions and the seller

This complaints policy sets out the procedure for exercising and handling rights arising from liability for defects in goods purchased in the SMOUKS online shop and forms an integral part of the seller’s Terms & Conditions.

Seller: TMB CAPITAL s. r. o., Company ID (IČO): 57 256 730, Tax ID (DIČ): 2122632160, VAT ID (IČ DPH): SK2122632160 (VAT payer), with its registered office at Lermontovova 911/3, 811 05 Bratislava – mestská časť Staré Mesto, registered in the Business Register of the Municipal Court Bratislava III, Section: Sro, Insert No. 192467/B (the “seller”).

The buyer is a natural or legal person who has concluded a purchase contract with the seller through the online shop. A consumer is a buyer who, when concluding and performing the contract, is not acting within the scope of their business, employment or profession.

2. Liability for defects and the warranty period

The seller is liable for defects that the goods have when the buyer receives them, as well as for defects that appear after receipt during the warranty period. For a consumer, the warranty period is 24 months and begins on the day the buyer receives the goods.

• If a different period is stated for a particular product (for example a best-before date or a use-by date), that period is deemed to be the warranty period.
• For perishable goods and goods with a marked shelf life, the buyer must make any complaint before that period expires.

3. Making a complaint

The buyer must make a complaint without undue delay after discovering the defect. A complaint can be made:

• by email to info@smouks.sk, or
• by sending the goods concerned to the seller’s registered office: Lermontovova 911/3, 811 05 Bratislava – mestská časť Staré Mesto.

When making a complaint, the buyer shall enclose proof of purchase (an invoice or another document proving the purchase) and a description of the defect, and state how they would like the complaint to be resolved. For a faster assessment, we recommend also enclosing photos of the defect where possible.

4. Handling of complaints and time limits

When a complaint is made, the seller will issue the buyer with a confirmation that the complaint has been lodged. The seller will handle the complaint without undue delay and no later than 30 days from the day on which it was made. The seller will inform the buyer that the complaint has been handled and of its outcome, and will issue the buyer with a written document to that effect.

Once the time limit for handling the complaint has expired, the consumer has the right to withdraw from the contract or the right to have the goods replaced with new goods.

5. The buyer’s rights in the event of defects

Depending on the nature of the defect and on whether it can or cannot be remedied, the buyer has in particular the right to:

• free removal of the defect (repair of the goods),
• replacement of the goods or a part of them with defect-free ones,
• a reasonable reduction of the purchase price, or
• withdrawal from the purchase contract and a refund of the amount paid.

The seller will decide how the complaint is to be resolved in accordance with the applicable legislation, in particular the Civil Code and the Consumer Protection Act. The option of withdrawing from the contract under this section does not affect the consumer’s separate right of withdrawal from the contract within 14 days.

6. Exclusion of liability for defects

The warranty and liability for defects do not apply in particular to defects:

• caused by improper use, operation or storage of the goods contrary to their intended purpose or the manufacturer’s instructions,
• caused by mechanical damage to the goods after their receipt by the buyer,
• corresponding to normal wear and tear of the goods caused by their ordinary use, and
• resulting from the expiry of the use-by date or best-before date of the goods.

7. Alternative dispute resolution and supervisory authority

If the consumer is not satisfied with the way the seller has handled their complaint, or believes that the seller has violated their rights, they have the right to contact the seller with a request for redress. If the seller rejects the request or does not respond to it within 30 days of it being sent, the consumer has the right to submit a proposal to initiate alternative dispute resolution.

The supervisory authority and the body for alternative resolution of consumer disputes is the Slovak Trade Inspection (SOI) Inspectorate for the Bratislava Region, Bajkalská 21/A, P. O. BOX č. 5, 820 07 Bratislava 27, Supervision Department. To submit a proposal, the consumer may also use the European online dispute resolution (ODR) platform available at https://ec.europa.eu/consumers/odr.

8. Final provisions and contact

This complaints policy takes effect on the date of its publication. Matters not covered by this complaints policy are governed by the laws of the Slovak Republic, in particular the Civil Code and the Consumer Protection Act. The processing of personal data in connection with complaints is governed by the Privacy Policy and the Cookie Policy.

If you have any questions about a complaint, contact us by email at info@smouks.sk, by phone on +421 951 981 839 or via our Contact page.