Refund Returns

DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE AND DETERIORATION OF THE PURCHASED ITEM

6.1 The Goods will be delivered to you in the manner of your choice, with the following options available:

a) Personal pickup at our premises listed in the list of premises;

b) Delivery via shipping companies: Slovenská pošta, DPD, GLS, Slovak Parcel Service.

6.2 Goods can only be delivered within the Slovak Republic.

6.3 We are obliged to deliver the Goods to you without undue delay, but no later than within 30 days from the conclusion of the Contract. During the performance of the Contract, circumstances may arise that affect the delivery date of the Goods you ordered. If the delivery date changes, we will inform you of the new estimated delivery date by email without delay, and your right to withdraw from the Contract will not be affected. Our notification of the new delivery date will also include a request for confirmation from you if you wish to proceed with the delivery of the Goods on the new date. In the case of personal pickup at the premises, we will inform you about the possibility of collecting the Goods by email.

6.4 When receiving the Goods from the carrier, it is your obligation to check the integrity of the packaging of the Goods, and if there is any damage, you must immediately notify the carrier and us. If the packaging shows signs of unauthorized handling or tampering, you are not obligated to accept the Goods from the carrier.

6.5 You are obligated to collect the Goods at the agreed time and place. If you do not collect the delivered Goods according to the previous sentence, we will notify you by email where you can collect the Goods, including the deadline for collection, or upon your written request sent no later than 14 days from when you should have collected the Goods, we will resend the Goods, and you agree to cover all costs associated with the repeated delivery. If you fail to collect the Goods, except for the cases in Section 6.4 of these Terms, this does not constitute a breach of our obligation to deliver the Goods to you. Additionally, failing to collect the Goods is not considered a withdrawal from the Contract between us and you. If the Goods are not collected even within the extended period, we have the right to withdraw from the Contract due to your substantial breach of the Contract. If we decide to exercise this right, the withdrawal is effective on the day we deliver the withdrawal to you. Withdrawal from the Contract does not affect the right to compensation for the damages incurred, in the amount of actual costs related to the attempt to deliver the Goods, or any other claims for damages, if any.

6.6 If the Goods are delivered repeatedly or by a different method than agreed upon in the Contract due to reasons on your part, you are obliged to reimburse us for the costs associated with this repeated delivery. We will send you the payment details for these costs to your email address provided in the Contract, and the payment is due within 14 days from the delivery of the email.

6.7 The risk of damage to the Goods passes to you at the moment you collect the Goods. If you do not collect the Goods, except in the cases according to Article 4 of these Terms, the risk of accidental destruction and deterioration of the Goods passes to you at the moment you had the opportunity to collect the Goods but failed to do so due to reasons on your part. The transfer of the risk of accidental destruction and deterioration means that from that moment you bear all consequences associated with the loss, destruction, damage, or any other deterioration of the Goods.

RIGHTS ARISING FROM LIABILITY FOR DEFECTS

7.1 Introductory provision on liability for defects

7.1.1 We undertake to deliver the Goods to you in the required quality, quantity, and without defects.

7.1.2 We are liable for defects that the Goods have at the time of delivery. For used Goods, we are not liable for defects resulting from use or wear and tear. For Goods sold at a lower price, we are not liable for defects for which the lower price was agreed.

7.1.3 The general warranty period is 24 months. The warranty period begins from the moment you receive the Goods.

7.1.4 If the Goods are replaced, the warranty period starts anew from the moment you receive the replacement Goods.

7.1.5 Your rights arising from liability for defects of the Goods, for which a warranty period applies, will expire if not exercised during the warranty period. However, rights from liability for defects for Goods that spoil quickly must be exercised no later than the day following the purchase, otherwise, your rights will expire.

7.2 We guarantee that at the time of the transfer of the risk of accidental destruction and deterioration of the Goods according to Article 7 of the Terms, the Goods will be defect-free, especially that:

a) it has the properties we agreed upon with you, and if not expressly agreed upon, then those that we described for the Goods, or those that can be expected considering the nature of the Goods;

b) it is suitable for the purposes we stated or for the purposes that are usual for such Goods;

c) it corresponds to the quality or workmanship of the agreed sample, if the quality or workmanship was defined based on the sample;

d) it is in the corresponding quantity and weight;

e) it meets the requirements set by specific legal regulations;

f) it is not encumbered with the rights of third parties.

7.3 Conditions for exercising the right from liability for defects (complaints)

7.3.1 If the Goods are delivered to you in damaged or defective packaging or if the shipment is clearly too light, we ask you not to accept such Goods from the carrier and to immediately notify us at the phone number +421 948 707 475 or via email at matus.jacko@www.eco-fuelpellets.com. If you notice visible defects (e.g., mechanical damage), you are obliged to file a complaint without unnecessary delay as per section 7.4.1 below. We will not consider complaints for visible defects (including incomplete Goods) if filed later.

7.3.2 You must file a complaint for other defects (hidden defects) as per section 7.4.1 without unnecessary delay after discovering the defect, but no later than the expiration of the warranty period.

7.3.3 The warranty only covers manufacturing defects or defects caused by mechanical damage. The right to liability for defects cannot be exercised for defects caused by wear and tear, mechanical damage, use of the Goods in inappropriate conditions, etc.

7.3.4 You are not entitled to claim liability for defects if you were aware of the defect before receiving the Goods or if we had informed you about it or provided a reasonable discount due to the defect.

7.4 Exercising the right from liability for damages (complaints)

7.4.1 If the Goods have a defect, i.e., especially if any of the conditions under Article 2 are not met, you may notify us of the defect and exercise your right from liability for defects (i.e., file a complaint) by sending an email or letter to our addresses listed in our identification details, or personally at our premises. You may also use the complaint form provided by us, which is Appendix 1 of these Terms.

7.4.2 In your complaint notification, you should describe the defect of the Goods and provide your identification details, including the email address to which you want to receive the complaint resolution, and specify which of the claims from liability for defects listed in section 7.5.4 to 7.5.8 you are exercising.

7.4.3 When filing a complaint, please also submit a proof of purchase (invoice) for the Goods, as it is required to prove the purchase from us; otherwise, we are not obliged to recognize your complaint.

7.4.4 The day the defective Goods, along with the relevant documents (according to section 7.4.3), are delivered is considered the start of the complaint process. If your complaint submission is incomplete (e.g., illegible, unclear, missing required documents), we will request the completion of the complaint via email or letter. In this case, the complaint process will begin on the day we receive your completed submission.

7.4.5 If you do not complete your complaint submission in accordance with section 7.4.4 of this article without delay, but no later than 10 days from the day we sent you a request for completion, we will consider your submission as unfounded.

7.5 Complaint resolution

7.5.1 Based on your decision, we will determine the method of resolving the complaint immediately, or in complex cases, within 3 working days from the submission of your complaint. In justified cases, especially if a detailed technical evaluation of the condition of the Goods is required, we will resolve the complaint within 30 days from the submission of your complaint.

7.5.2 After determining the method of resolving the complaint, we will resolve the complaint immediately. In justified cases, we may resolve the complaint later; however, the resolution must not take longer than 30 days from the submission of the complaint. After the expiration of the complaint resolution period, you have the right to withdraw from the Contract or to request an exchange of the Goods for new ones, if possible.

7.5.3 We are obliged to provide you with a written document regarding the complaint resolution no later than 30 days from the submission of the complaint, and we will inform you of its resolution via email. If the complaint is accepted, we will send you the repaired Goods or exchange them for new ones, or we will refund the paid Price of the Goods, unless otherwise agreed.

7.5.4 If the defect can be removed, you have the right to have the defect removed free of charge, promptly, and properly. We will remove the defect without undue delay.

7.5.5 Instead of removing the defect, you may request the exchange of the Goods, or if the defect relates only to a part of the Goods, the exchange of that part, provided this does not result in unreasonable costs for us based on the Price of the Goods or the seriousness of the defect.

7.5.6 Instead of removing the defect, we may always replace the defective Goods with defect-free ones, if this does not cause you significant difficulties.

7.5.7 If the Goods have a defect that cannot be removed and which prevents you from using the Goods properly as a defect-free item, you have the right to request the exchange of the Goods, or to withdraw from the Contract. The same rights apply if the defect is removable but you cannot use the Goods properly due to the repeated occurrence of the defect after repair or because of multiple defects.

7.5.8 If the defect is an irreversible one, you have the right to a reasonable discount from the Price of the Goods.

7.5.9 The resolution of the complaint will involve either returning the repaired Goods, exchanging the Goods, refunding the Price of the Goods, providing a reasonable discount from the Price, issuing a written request to collect the Goods (or other resolution based on the specific situation), or the justified rejection of the complaint.

7.6 The exercise of rights arising from liability for defects and complaints for the Goods is governed by Section 619 and subsequent sections of the Civil Code, Act No. 250/2007 Coll. on consumer protection and on amendments to certain laws, and Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a contract concluded remotely or outside the seller’s business premises, and amendments to some laws.

7.7 If you submit a complaint for the Goods:

a) within the first 12 months from the purchase of the Goods, we can only reject your complaint based on professional assessment; regardless of the outcome of the professional assessment, we will not require you to cover the costs for the assessment or any other costs associated with it. A copy of the professional assessment explaining the rejection of the complaint will be provided to you no later than 14 days after the complaint is resolved;

b) after 12 months from the purchase, and if we reject your complaint, we will specify in the complaint resolution document who you can send the Goods to for professional assessment. If you send the Goods for professional assessment to the designated person, we will cover the costs of the professional assessment as well as all related reasonable expenses, regardless of the outcome. If the professional assessment proves our responsibility for the defect, you may resubmit your complaint; the warranty period will be paused during the professional assessment. We are obliged to reimburse all costs incurred for the assessment within 14 days from the resubmission of the complaint. A resubmitted complaint cannot be rejected.

7.8 If you are a business, you are obligated to notify and point out the defect without unnecessary delay after you could have discovered it, but no later than 3 days after receiving the Goods.

7.9 If you are a consumer, you have the right to exercise rights from liability for defects that occur in the Goods within 24 months from the receipt of the Goods.

7.10 We have properly informed you of your rights arising from Sections 622 and 623 of Act No. 40/1964 Coll. the Civil Code. By concluding the Contract, you confirm that you had the opportunity to read the terms of the complaint process for the Goods.

8. WITHDRAWAL FROM THE CONTRACT

8.1 The Contract may be terminated, i.e., the contractual relationship between us and you may end from its inception, for the reasons and methods specified in this article or in other provisions of the Terms where the possibility of withdrawal is expressly mentioned.

8.2 If you are a consumer, i.e., a person purchasing Goods outside of your business activity, you have the right to withdraw from the Contract without providing a reason within 14 days from the receipt of the Goods. If we have concluded a Contract involving several types of Goods or delivery of multiple parts of the Goods, this period starts from the day the last part of the Goods is delivered, and if we have concluded a Contract where we will regularly and repeatedly deliver Goods to you, the period starts from the day of the first delivery. You may withdraw from the Contract by any demonstrable means (such as sending an email or letter to our addresses listed in our identification details). You may also use the withdrawal form provided by us, which is Appendix 2 of these Terms.

8.3 However, as a consumer, you cannot withdraw from the Contract in the following cases:

a) the sale of Goods whose Price depends on market fluctuations that we cannot influence, which may occur during the withdrawal period;

b) the sale of alcoholic beverages whose Price was agreed upon at the time the Contract was concluded, and which can only be delivered after 30 days, and whose Price depends on market fluctuations that we cannot influence;

c) the sale of Goods made according to your specific requirements, custom-made Goods, or Goods specifically intended for a particular consumer;

d) the sale of Goods subject to rapid deterioration or spoilage, and Goods that have been inseparably mixed with other goods after delivery;

e) the sale of Goods sealed in protective packaging which is not suitable for return due to health protection or hygiene reasons, and where the packaging was damaged after delivery;

f) the sale of audio recordings, video recordings, audio-visual recordings, or computer software sold in protective packaging, if the original packaging has been opened;

g) the sale of periodicals, except for sales based on a subscription agreement, and the sale of books not supplied in protective packaging;

h) the provision of digital content not delivered on a tangible medium and delivered with your prior explicit consent before the withdrawal period has expired, and we have informed you that you do not have the right to withdraw from the Contract.

8.4 The withdrawal period as per Article 2 of the Terms is considered met if you send us a notice of withdrawal during the period.

8.5 In case of withdrawal from the Contract, we will refund the Price within 14 days from the day of withdrawal to the account from which it was paid, or to the account specified in the withdrawal notice. The amount will not be refunded before you return the Goods or prove that they have been sent back to us. Please return the Goods clean, preferably with the original packaging.

8.6 In case of withdrawal from the Contract under Article 2 of the Terms, you must send the Goods back, deliver them to us, or to a person authorized by us to receive the Goods, within 14 days from the withdrawal. You will bear the cost of returning the Goods to us. This does not apply if we agree to collect the Goods personally or through an authorized person. The period is met if the Goods are handed over for transport no later than the last day of the period. You are entitled to a refund of the delivery cost, but only up to the amount corresponding to the cheapest delivery method we offered.

8.7 You are responsible for any damage to the Goods if they are damaged due to your handling of them in a manner other than necessary for their nature and characteristics. We will invoice you for the caused damage once the Goods are returned to us, and the payment is due within 14 days of the invoice.

8.8 We are entitled to withdraw from the Contract due to the exhaustion of stock, unavailability of the Goods, or if the manufacturer, importer, or supplier of the Goods specified in the Contract suspends production or makes significant changes that prevent us from fulfilling our obligations under the Contract, or for reasons of force majeure, or if we are unable to deliver the Goods within the time specified by these Terms despite our best efforts. In these cases, we are obliged to inform you of this without undue delay and refund the amount already paid for the Goods within 14 days from the notification of the withdrawal.

8.9 We are also entitled to withdraw from the Contract if you fail to collect the Goods within 5 working days from the day you were obligated to do so.

9. SUBMISSION OF SUGGESTIONS AND COMPLAINTS

9.1 As a consumer, you are entitled to submit suggestions and complaints in writing, via email to: matus.jacko@www.eco-fuelpellets.com

9.2 We will inform you about the assessment of your suggestion or complaint by email sent to your address.

9.3 The supervisory authority is the Slovak Trade Inspection (SOI), SOI Inspectorate for the Košice region, located at: Vrátna 3, P. O. BOX A-35, 040 65 Košice 1, phone numbers: 055/729 07 05, 055/622 76 55

9.4 If you are not satisfied with the handling of your suggestion or complaint, you can submit a proposal for inspection electronically via the platform available on the website https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi.

10. ALTERNATIVE DISPUTE RESOLUTION WITH CONSUMERS

10.1 You have the right to contact us with a request for remedy via email at: obchod@chilliodmatusa.sk, if you are dissatisfied with the way we handled your complaint or believe we violated your rights. If we respond to your request with a rejection or fail to respond within 30 days of submission, you have the right to file a proposal for alternative dispute resolution with an Alternative Dispute Resolution (ADR) entity under Act No. 391/2015 Coll. on alternative dispute resolution for consumer disputes and amendments to certain laws, in the wording of subsequent amendments (hereinafter referred to as the “ADR Law”).

10.2 The entities are authorities and authorized legal persons under § 3 of the ADR Law, and their list is published on the website of the Ministry of Economy of the Slovak Republic. https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.

10.3 You can file the proposal in the manner specified in § 12 of the ADR Law.

10.4 You also have the right to initiate an out-of-court dispute resolution online via the ODR platform available on the website https://ec.europa.eu/commission/presscorner/detail/sk/IP_16_297, https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.

11. FINAL PROVISIONS

11.1 All written correspondence will be delivered to you electronically. Our email address is listed in our identification details. We will deliver correspondence to your email address provided in the Contract, in the User account, or through which you contacted us.

11.2 The Contract may only be amended based on our written agreement. However, we are entitled to change and supplement these Terms, but this change will not affect Contracts already concluded, only those concluded after the effectiveness of this change. We will inform you of the change only if you have a User account (so you will have this information in case you place a new order, but the change does not give you the right to terminate the Contract since no contract has been concluded that could be terminated), or if we are to provide regular and repeated deliveries to you under the Contract. We will send you information about the change at least 14 days before the effectiveness of this change. If we do not receive a termination of the concluded Contract for regular and repeated deliveries within 14 days from sending the information about the change, the new Terms become part of our Contract and will apply to the next delivery of Goods after the change comes into effect. The notice period for termination, if you submit a notice, is 2 months.

11.3 In the event of force majeure or events that cannot be predicted (natural disasters, pandemics, operational failures, subcontractor outages, etc.), we are not responsible for any damage caused by or in connection with these cases of force majeure or unforeseeable events, and if this situation lasts longer than 10 days, both you and we have the right to withdraw from the Contract.

11.4 The appendices to these Terms are the complaint form and the withdrawal form from the Contract.

11.5 The Contract, including these Terms, is archived electronically by us, but it is not accessible to you. However, you will always receive these Terms and the Order confirmations, along with a summary of the Order, by email, so you will always have access to the Contract without our assistance. We recommend saving the Order confirmation and these Terms.

11.6 Our activity is not subject to any codes of conduct according to § 3 (1) (n) of the Consumer Protection Law in Distance Selling.

11.7 These Terms are effective from 01.10.2022.

APPENDIX 1 – COMPLAINT FORM

Recipient: M&E Distribution s.r.o., Severná 149/36, 076 22 Hriadky

Complaint Submission

Attachments:

Date:

Signature:

APPENDIX 2 – WITHDRAWAL FORM FROM THE CONTRACT

Recipient: M&E Distribution s.r.o., Severná 149/36, 076 22 Hriadky

By this, I declare that in accordance with Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a contract concluded remotely or outside the seller’s business premises, and amendments to some laws, I withdraw from the Contract:

Consumer Notice: According to § 10 (4) of the Consumer Protection Law in Distance Selling, the seller may request the consumer to compensate for the reduction in the value of the Goods that occurred due to handling the Goods beyond what was necessary to determine its characteristics and functionality.

Date:

Signature: