EMMA d.o.o. (hereinafter: EMMA), in accordance with the Consumer Protection Act, bears responsibility for the actual defects on the product that appear within two years of the takeover of the item. EMMA is responsible for the actual defects that the product had when the risk passed on to the customer, regardless of whether it was known to him or not. EMMA is also responsible for those actual errors that appear after the danger has passed on to the customer if they are the result of a cause that existed before. A minor error is ignored. EMMA is not liable for actual items defects that appear after the two years have passed since the product has been delivered.
The customer can exercise his rights from a material error if he informs EMMA about the error by email to: firstname.lastname@example.org within two months of the day the error was discovered. In the error notification, the customer must describe the error very accurately and allow EMMA to inspect the product. The customer informs EMMA about the error in person (by prior arrangement), on which EMMA must issue a notification.
The customer who correctly informed EMMA of the error has the right to require EMMA has to:
- remedy the error on the product or
- refunds part of the amount paid in proportion to the error or
- replaces the defective products with new impeccable products or
- refunds the amount paid.
EMMA is obliged to respond in writing to the customer upon request no later than eight days after receipt if the existence of an error on the product is controversial. If the existence of an error on the product is not controversial, EMMA must respect the customer’s request as soon as possible, but no later than within eight days.
When the error is real? It is real when:
- The product does not have the characteristics necessary for its normal use,
- tthe product does not have the characteristics necessary for the particular use for which the customer buys it, but which the seller was familiar with or should have known,
- the product does not have the characteristics and features that were explicitly or silently agreed or prescribed,
- EMMA has delivered a product that does not match the pattern or model unless the sample or model has been shown only for notification.
How is the product’s suitability checked?
It is checked with another, flawless product of the same type, as well as with the manufacturer’s statements or indications on the product itself. In this case, the manufacturer is EMMA.
Acceptance of products returned from a warranty or material error
The customer is obliged to take over the product delivered to EMMA in a warranty or other treatment after the conclusion of the hearing. The customer takes over the product at the pick-up point, where he or she personally handed it over to EMMA. In the case of sending it by post, it will be returned to the address notified by the customer.
EMMA sends the customer a return notice of the item from the hearing and invites him to take over the item. The customer is obliged to accept the item within 14 days from the date of the notice.
If the customer does not assume the item within the stated deadline, the item is kept at the address of EMMA d.o.o., Rožna dolina 52, 4248 Lesce. EMMA keeps the item in its own warehouse until the expiration of 6 months from the day of the notice. For this period, EMMA has the right to reimburse all storage costs (EUR 1 / day) and the right to reimburse all to maintain the item’s necessary costs.
After the expiration of 6 months from the date of the notice, EMMA can sell the item through the www.vestinas.eu online store and pay the amount of the purchase, after deducting the sales and other costs, to the customer. In the event that the value of the item is insignificant, EMMA may give it to charity, and in this case, no repayment is required to the customer. EMMA informs the customer 15 days before the expiration of the 6-month deadline of keeping the customer informed of the intended sale or the donation of the item, after the sale, as well as the achieved price and amount of costs and the transfer of the remainder of the purchase price to the transaction account of the buyer.
Complaints and disputes
EMMA respects the applicable European consumer protection legislation and is struggling to fulfill its duty to establish an effective complaint handling system. EMMA determines the person with whom, in case of problems, the customer can connect by telephone or by e-mail.
The complaint can be submitted via e-mail address: email@example.com . The complaint processing procedure is confidential. Within five working days, EMMA will confirm that he has received the complaint, informed the customer how long he will handle it and keep him informed about the progress of the procedure.
EMMA is aware that the essential characteristic of the consumer dispute, at least in terms of judicial resolution, is the disproportion between the economic value of the claim and the costs arising in the resolution of the dispute itself. This is also the main obstacle for the customer not to initiate a dispute before a court. Therefore, the seller is working to the best of his ability to resolve any dispute by mutual consent.
In the case of judicial settlement of disputes, the court shall have jurisdiction over the permanent residence of the customer.
Out-of-court settlement of consumer disputes
In accordance with the legal norms, we do not recognize any contractor for out-of-court settlement of consumer disputes as responsible for resolving the consumer dispute which the customer could initiate in accordance with the Law on out-of-court settlement of consumer disputes A seller who, as a provider of items and services, enables online trade in the territory of Slovenia, publishes an electronic link to the online consumer disputes (SRPS) platform on its website. The platform is available to consumers at this link.
The aforementioned arrangement is based on the Law on out-of-court settlement of consumer disputes, Regulation (EU) No. 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2016/2004 and Directive 2009/22 / EC.