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Complaints Policy

1.     General Provisions

1.1 This Complaint Procedure regulates the conditions and procedure for making complaints regarding Goods purchased from the Seller – MERCHYOU s.r.o., with its registered office at Na Pántoch 7681/10, 831 06 Bratislava, Company ID: 44 307 110, registered in the Commercial Register of the Bratislava III District Court, Section: Sro, File No. 53702/B.

1.2 This Complaint Procedure is an integral part of the Seller’s Terms and Conditions (OP) and applies to all Purchase Contracts concluded via the Seller’s E-shop. This Complaint Procedure is issued in accordance with the Civil Code, the Consumer Protection Act, the Commercial Code, Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and Amendments to Certain Laws, as well as other generally binding legal regulations of the Slovak Republic.

1.3 Complaints are assessed according to the legal regulations of the Slovak Republic, especially the Civil Code, the Consumer Protection Act, the Commercial Code, and other related regulations.

1.4 The Buyer, who may be an entrepreneur or a consumer, is obliged to familiarize themselves with the Complaint Procedure and OP before ordering the Goods. The Buyer also acknowledges that they are obliged to provide the Seller with the necessary cooperation for handling the complaint; otherwise, the deadlines will be extended appropriately by the period during which the Buyer failed to provide the required cooperation.

1.5 By concluding the Purchase Contract, the Buyer agrees to this Complaint Procedure. The terms and definitions used in this Complaint Procedure shall have the meaning that (i) is explicitly stated in this Complaint Procedure, and/or (ii) is explicitly stated in the OP, and/or (iii) is explicitly stated in the Consumer Protection Act.

1.6 The Complaint Procedure is published on the Seller’s Website. By concluding the Purchase Contract, this Complaint Procedure becomes part of the contractual documentation between the Buyer and the Seller. In the event of a conflict between the OP and this Complaint Procedure, the Complaint Procedure shall take precedence for complaints.

2.    Seller’s Liability for Defects

2.1 When selling Goods to the Buyer, the Seller is liable for ensuring that:
2.1.1    The Goods comply with the agreed requirements under § 616 of the Civil Code and the general requirements under § 617 of the Civil Code, if the Buyer is a consumer.
2.1.2    The Goods comply with the agreed requirements under § 420 of the Commercial Code.

2.2 The Seller is liable for defects that the Goods had at the time of the Buyer’s receipt and for defects that appear after receipt of the Goods within the warranty period (warranty).

2.3 Goods that have defects at the time of receipt by the Buyer, as well as Goods that develop defects after receipt during the warranty period (except for cases specified in the Civil Code or the Commercial Code), may be claimed. The Buyer should file a claim within two months of discovering the defect, but no later than the expiration of the warranty period under the Civil Code (24 months from the delivery of the Goods). The complaint applies to Goods that were demonstrably purchased through the Seller’s E-shop and exhibit defects caused by the Seller’s fault or the manufacturing process.

2.4 Goods made according to special requirements (Goods customized according to the Buyer’s specifications) can only be claimed if they exhibit defects that were not caused by incorrect data or specifications provided by the Buyer (e.g., poor quality of printing data, inappropriate image resolution, etc.).

2.5 Liability for defects does not apply to defects caused by the following:
2.5.1    The defect was caused by mechanical damage to the product by the Buyer.
2.5.2    Improper handling of the Goods in a manner other than stated in the instructions for use (e.g., incorrect washing, drying, or other handling of the Goods).
2.5.3    Use of the Goods in conditions that do not correspond to the natural environment of the Goods in terms of humidity, chemical, and mechanical influences.
2.5.4    Wear and tear of the Goods caused by normal use.
2.5.5    Neglect of care and maintenance of the Goods.
2.5.6    Damage to the Goods due to excessive strain.
2.5.7    Use of the Goods in violation of the conditions specified in the documentation, general principles, technical standards, or safety regulations, or other violations of warranty conditions.

2.6 A complaint may be made for defects that occurred during the warranty period due to a demonstrable defect in production, the technological process, or other circumstances specified in the Civil Code (if the Buyer is a consumer) or the Commercial Code (if the Buyer is a business entity).

2.7 Upon the Buyer’s request, the Seller is obliged to provide a written warranty (warranty certificate). If the nature of the Goods allows, instead of a warranty certificate, it is sufficient to issue the Buyer a proof of purchase (containing the information required by legal regulations). Failure to fulfill obligations related to issuing a warranty certificate does not affect the validity of the warranty.

2.8 As proof of warranty, the Seller issues a purchase (tax) document (invoice) with all legally required details for asserting a warranty (particularly the name of the Goods, warranty period, price, quantity, and product number) for each purchased Goods. If necessary for the provided warranty, the Seller will clearly explain the content of the warranty in the warranty certificate, specifying its scope, conditions, validity period, and the method for claiming rights under it.

2.9 The warranty period generally starts on the date of receipt of the Goods by the Buyer. The warranty period is:
2.9.1    24 months for new Goods unless a special legal regulation prescribes a longer period, if the Buyer is a consumer.
2.9.2    12 months for new Goods unless a special legal regulation prescribes a longer period, if the Buyer is a business entity.
By declaring in the warranty certificate issued to the consumer, the Seller may provide a warranty for selected types of Goods that exceed the period mentioned in the previous sentence, while specifying the conditions and scope of this warranty in the warranty certificate. The warranty period is further extended by the time during which the Goods were under complaint processing. Rights arising from liability for defects in the Goods subject to the warranty period expire if they are not claimed within the warranty period. If the Buyer is a consumer, complaints within the statutory warranty period are governed by the Civil Code and the Consumer Protection Act, both in their valid and effective wording, considering the specifications in this Complaint Policy.

3.    Inspection of Goods Upon Receipt

3.1 A Buyer who is not a consumer is required, and a Buyer who is a consumer is recommended, to inspect the condition of the shipment (number of packages, integrity of the tape, damage to the box) immediately upon delivery according to the attached shipping document. The Buyer has the right to refuse to accept a shipment that does not comply with the Purchase Agreement, for example, if the shipment is incomplete or damaged. If the Buyer accepts such a damaged shipment from the carrier, it is necessary to describe the damage in the carrier’s handover protocol.

3.2 An incomplete or damaged shipment must be immediately reported via email to complaints@merchyou.com, a damage report must be written with the carrier, and this report must be sent to the Seller without undue delay via email or post. A subsequent complaint regarding the incompleteness or external damage of the shipment does not deprive the Buyer of the right to make a claim, but it allows the Seller to prove that the issue does not constitute a breach of the Purchase Agreement.

4.    Filing a Complaint

4.1 The Buyer may file a complaint via email at complaints@merchyou.com, and it must include a completed complaint form. The complaint form is available on the Seller’s website and must be accompanied by the return of the claimed Goods to the Seller’s registered address.

4.2 The complaint must include:
4.2.1    The Buyer’s identification details (name and surname/business name, contact details),
4.2.2    A description of the defect in the Goods,
4.2.3    A copy of the tax document – invoice,
4.2.4    Photographic documentation of the claimed defect,
4.2.5    A completed complaint form.

4.3 The claimed Goods should be properly secured to prevent damage during transport, the package should be visibly marked “COMPLAINT”, and it must contain: the claimed Goods including accessories (if required for use), a copy of the purchase document or other appropriate proof of the Goods’ warranty, a detailed description of the defect, and sufficient contact details of the Buyer (especially return address, email, and telephone number). It is also recommended to specify the preferred method of resolving the complaint.

4.4 The Seller will issue the Buyer a written confirmation of when the complaint was filed, what its content is, and the requested method of resolution immediately upon receipt of the complaint. In the confirmation, the Seller will inform the Buyer, who is a consumer, of the deadline for rectifying the defect in accordance with § 507 (1) of the Civil Code. The deadline specified under the previous sentence must not exceed 30 days from the date of filing the complaint unless a longer period is justified by an objective reason beyond the Seller’s control. In all cases, confirmation of the complaint is sent via email. This confirmation serves only as proof of the complaint’s receipt. The condition of the Goods in which the Buyer handed them over to the Seller will be assessed as part of the complaint procedure.

4.5 A Buyer who is not a consumer must provide proof of warranty validity by presenting the purchase document. If the Goods were previously claimed, the Buyer must also provide proof of the previous complaint. This procedure is also recommended for a Buyer who is a consumer if they do not prove and provide the relevant information in another way.

4.6 The Buyer acknowledges that if they do not return the claimed Goods including all delivered accessories, then in the event of withdrawal from the Purchase Agreement, the refunded purchase price will be reduced by the value of the missing accessories.

4.7 Due to technological differences between printing technology and the way most monitors display colors (which use the CMYK color space), comparing the color of the print with the color displayed on a monitor is technologically incorrect. The absence of a match between the color of the print and the image on the monitor, therefore, cannot be a reason for filing a complaint.

4.8 The Seller will make every effort to display the colors present in the projects provided by the Buyer as accurately as possible. However, due to the use of various printing machines in the printing process, there may be slight differences in color reproduction when printing the same project on different machines. This situation may occur during reprints. Such differences cannot be considered a valid reason for a complaint regarding the products delivered by the Seller.

5.    Complaint Procedure – Buyer Who is a Consumer

5.1 If the defect can be removed, the Buyer has the right to have the defect removed free of charge, properly, and in a timely manner. If the defect can be removed, the Buyer who is a consumer may request its free removal. The Seller shall remove the defect within a reasonable period. A reasonable period means the shortest possible time that the Seller needs to assess the defect and repair or replace the item, taking into account the nature of the item and the nature and severity of the defect.

5.2 The Buyer has the right to choose to have the defect removed either by replacing the Goods or by repairing the Goods. The Buyer may not choose a method of defect removal that is impossible or that would, compared to the other method, impose disproportionate costs on the Seller, considering all circumstances, especially the value the Goods would have without the defect, the severity of the defect, and whether the other method of defect removal would cause significant inconvenience to the Buyer.

5.3 The Seller may refuse to remove the defect if neither repair nor replacement is possible or if it would require disproportionate costs considering all circumstances, including those outlined in point 5.2 of this Complaints Policy.

5.4 The Seller is obliged to remove the defect within a reasonable period, which is understood as the shortest possible time the Seller needs to assess the defect and repair or replace the Goods, considering the nature of the Goods and the severity of the defect.

5.5 The Buyer is entitled to a reasonable discount from the Purchase Price or may withdraw from the Purchase Agreement without providing an additional reasonable period if:
5.5.1    The Seller has not repaired or replaced the Goods,
5.5.2    The Seller has refused to remove the defect under point 5.3 of this Complaints Policy,
5.5.3    The Goods have the same defect despite repair or replacement,
5.5.4    The defect is of such a serious nature that it justifies an immediate discount from the Purchase Price or withdrawal from the Purchase Agreement,
5.5.5    The Seller has declared or it is apparent from the circumstances that they will not remove the defect within a reasonable time or without causing significant difficulties to the Buyer.
The Buyer chooses the method of resolving the complaint. The Seller shall inform the Buyer if the chosen method is inappropriate and suggest a suitable alternative (particularly in cases where the Buyer requests a method related to a removable defect, but the Seller determines that the defect is irremovable). If the Buyer does not choose a method of resolving the complaint within a reasonable period provided by the Seller, the Seller shall make the selection.

5.6 When assessing the Buyer’s right to a discount from the Purchase Price or withdrawal from the Purchase Agreement under points 5.5.4 and 5.5.5 of this Complaints Policy, all circumstances shall be considered, especially the type and value of the Goods, the nature and severity of the defect, and whether it is reasonable to expect the Buyer to trust in the Seller’s ability to remove the defect.

5.7 The discount from the Purchase Price must be proportionate to the difference between the value of the sold Goods and the value the Goods would have had if they were defect-free.

5.8 The Buyer cannot withdraw from the Purchase Agreement if they contributed to the defect or if the defect is insignificant. The burden of proof that the Buyer contributed to the defect and that the defect is insignificant lies with the Seller.

5.9 If the Purchase Agreement concerns the purchase of multiple items of Goods, the Buyer may withdraw only concerning the defective Goods. The Buyer may withdraw from the Purchase Agreement concerning the remaining Goods only if it cannot reasonably be expected that they would wish to keep the other Goods without the defective item.

5.10 After withdrawing from the contract or part thereof, the Buyer shall return the Goods to the Seller at the Seller’s expense. The Seller shall ensure the removal of Goods that were installed in accordance with their nature and purpose before the defect appeared. If the Seller does not remove the Goods within a reasonable period, the Buyer may arrange the removal and delivery of the Goods to the Seller at the Seller’s expense and risk.

5.11 After withdrawing from the Purchase Agreement, the Seller shall refund the Buyer the Purchase Price no later than 14 days from the date of returning the Goods to the Seller or after proving that the Buyer has sent the Goods to the Seller, whichever occurs first.

5.12 The Seller shall refund the Purchase Price to the Buyer or grant them a discount from the Purchase Price using the same payment method used by the Buyer for the original payment unless the Buyer explicitly agrees to a different method of reimbursement. The Seller shall bear all costs associated with the refund.

5.13 If a discount was provided to the Buyer at the time of concluding the Purchase Agreement, the Buyer may not later file a complaint regarding the defect for which the discount was granted.

5.14 Complaints must be resolved within 30 days from the date of submission unless a longer period is justified by an objective reason beyond the Seller’s control.

5.15 The provisions of this section of the Complaints Policy apply exclusively to cases where the Buyer is a consumer. A more detailed regulation of the rights and obligations of the Buyer and the Seller is governed by the Civil Code.

6.    Complaint Submission – Buyer Who Is a Business Entity

6.1 The Seller is liable for defects in the Goods (i) that existed at the time of delivery of the Goods, even if such defect becomes apparent only after this time, and (ii) for defects that appear during the period specified in clause 2.9.2 of this Complaints Policy.

6.2 The Seller is obliged to deliver the Goods to the Buyer in the quantity, quality, and workmanship specified in the Purchase Agreement and must package or prepare them for transport in the manner specified in the Purchase Agreement. If the Seller fails to fulfill this obligation, the Goods are considered defective, and delivering different Goods is also considered a defect.

6.3 The Seller is not liable for defects in the Goods that the Buyer knew about at the time of concluding the Purchase Agreement or that the Buyer must have known about given the circumstances under which the Purchase Agreement was concluded unless the defects relate to properties of the Goods that the Goods were supposed to have according to the Purchase Agreement.

6.4 The Seller is liable for defects that the Goods have at the moment when the risk of damage to the Goods passes to the Buyer, even if the defect only becomes apparent after this time. The Seller’s obligations arising from the warranty for the quality of the Goods remain unaffected.

6.5 The Buyer is obliged to inspect the Goods as soon as possible after the risk of damage to the Goods has passed, considering the nature of the Goods. If the Buyer does not inspect the Goods or arrange for their inspection at the time of the transfer of the risk of damage to the Goods, the Buyer may assert claims for defects detectable during this inspection only if they prove that these defects already existed at the time of the transfer of the risk of damage to the Goods.

6.6 The Seller’s liability for defects covered by the quality warranty does not arise if these defects were caused by external events after the risk of damage to the Goods has passed and were not caused by the Seller or persons assisting the Seller in fulfilling their obligation. The provisions of Sections 426 to 428 and Sections 436 to 441 of the Commercial Code apply to defects covered by the warranty.

6.7 If the delivery of defective Goods constitutes a material breach of the contract (§ 345(2) of the Commercial Code), the Buyer may:
6.7.1    demand the removal of defects by delivering replacement Goods for the defective Goods, the delivery of missing Goods, and the removal of legal defects,
6.7.2    demand the removal of defects by repairing the Goods if the defects are repairable,
6.7.3    demand a reasonable discount on the Purchase Price, or
6.7.4    withdraw from the Purchase Agreement.

6.8 The Buyer has the right to choose between the claims listed in clause 6.7 of this Complaints Policy only if they notify the Seller in a timely manner in the defect notification or without undue delay thereafter. The Buyer may not change the asserted claim without the Seller’s consent. However, if it turns out that the defects in the Goods are irreparable or that their repair would involve disproportionate costs, the Buyer may request the delivery of replacement Goods, provided they do so without undue delay after the Seller informs them of this fact. If the Seller does not remove the defects in the Goods within a reasonable additional period or if the Seller announces before this period expires that the defects will not be removed, the Buyer may withdraw from the Purchase Agreement or demand a reasonable discount on the Purchase Price.

6.9 If the Buyer does not notify their choice of claim within the period specified in clause 6.8 of this Complaints Policy, their defect claims will be treated as if the Purchase Agreement was breached in a non-material way.

6.10 If the delivery of defective Goods constitutes a non-material breach of the Purchase Agreement, the Buyer may either request the delivery of missing Goods and the removal of other defects in the Goods or request a discount on the Purchase Price. Until the Buyer asserts a claim for a discount on the Purchase Price or withdraws from the Purchase Agreement under clause 6.13 of this Complaints Policy, the Seller is obliged to deliver the missing Goods and remove legal defects in the Goods. Other defects must be removed, at the Seller’s choice, either by repairing the Goods or delivering replacement Goods. However, the chosen method of defect removal must not cause the Buyer to incur disproportionate costs.

6.11 If the Buyer requests defect removal, they may not assert other claims for defects before the expiration of an additional reasonable period that they must grant the Seller for this purpose unless the Seller informs the Buyer that they will not fulfill their obligations within this period.

6.12 Until the Buyer sets a deadline according to clause 6.11 of this Complaints Policy or asserts a claim for a discount on the Purchase Price, the Seller may inform the Buyer that the defects will be removed within a certain period. If the Buyer does not promptly notify the Seller of their disagreement after receiving this notice, the notice has the effect of setting the deadline according to clause 6.11 of this Complaints Policy.

6.13 If the Seller does not remove the defects in the Goods within the period specified in clause 6.11 or 6.12 of this Complaints Policy, the Buyer may claim a discount on the Purchase Price or withdraw from the Purchase Agreement if they notify the Seller of their intention to withdraw when setting the deadline under clause 6.11 of this Complaints Policy or within a reasonable period before withdrawing from the Purchase Agreement. The Buyer may not change their chosen claim without the Seller’s consent.

6.14 When delivering replacement Goods, the Seller is entitled to require the Buyer to return the replaced Goods at the Seller’s expense in the condition in which they were delivered.

6.15 The Buyer may not withdraw from the Purchase Agreement if they failed to notify the Seller of defects in a timely manner.

6.16 The effects of withdrawal from the Purchase Agreement shall not arise or shall cease if the Buyer is unable to return the Goods in the condition in which they were received. However, this does not apply if:
6.16.1    the inability to return the Goods in the same condition was not caused by the Buyer’s actions or omissions, or
6.16.2    the change in the condition of the Goods occurred as a result of an inspection properly carried out to detect defects in the Goods.

6.17 The provisions of clause 6.16 of this Complaints Policy also do not apply if, before discovering defects, the Buyer sold the Goods or part of them, consumed the Goods, or altered them in the course of their normal use. In such a case, the Buyer is obliged to return the unsold or unconsumed part of the Goods or the altered Goods and compensate the Seller up to the amount of the benefit obtained from using the Goods.

6.18 The provisions of this section of the Complaints Policy apply exclusively to cases where the Buyer is a business entity. A more detailed regulation of the rights and obligations of the Buyer and the Seller is stipulated in the Commercial Code.

7.    General Provisions for Articles 6 and 7 of This Complaints Policy

7.1 After a justified complaint is resolved, the warranty period is extended by the duration of the complaint process. In the case of an unjustified complaint, the warranty period is not extended. The duration of the complaint process is calculated from the day after the complaint is lodged until the day the complaint is resolved, i.e., the date when the Buyer was obliged to collect the item. The Buyer is informed about the resolution via the email provided at the time of purchase.

7.2 After the complaint has been resolved, the Seller shall notify the Buyer about the completion of the complaint process either by phone, SMS, or email and issue a collection protocol to the Buyer. If the Goods were sent via a delivery service, they will be automatically shipped to the Buyer’s address after the complaint is resolved.

7.3 In the case of a recognized complaint, the Seller shall cover the costs of the cheapest method of shipping the claimed Goods back to the Buyer. If the Buyer chooses a more expensive shipping method, they will be reimbursed only the amount corresponding to the cheapest available shipping option.

7.4 The Seller shall deliver the repaired or replaced Goods to the Buyer at its own cost using the same or a similar method as the one by which the Buyer originally returned the defective Goods unless otherwise agreed.

7.5 The Buyer is obliged to check the received Goods and verify their compliance with the complaint protocol. The Buyer shall also check the completeness of the Goods, particularly whether the package contains everything that it should. Later objections will not be considered. These provisions do not affect the statutory period for exercising rights arising from defective performance.

7.6 If the complaint regarding the Goods within the statutory warranty period was resolved by replacing the Goods with a new one, the warranty period is extended by the duration of the complaint process.

7.7 If the Buyer fails to collect the claimed Goods within one month after the expiration of the period in which the complaint should have been resolved, the Seller is entitled to charge a storage fee of €0.5 per day, including VAT, upon collection of the complaint.

7.8 If the Buyer does not collect the Goods within six months from the date they were informed about the resolution, the Seller has the right to sell the Goods and use the proceeds to cover storage costs. If the Goods are of significant value, the Seller shall inform the Buyer in advance of the intended sale and provide them with a reasonable additional period to collect the Goods. The Seller shall immediately, after the sale, reimburse the Buyer with the proceeds from the sale of the Goods, deducting the costs reasonably incurred for storage and sale, provided that the Buyer claims their share of the proceeds within the reasonable period specified by the Seller in the notice of the intended sale of the Goods. The Seller may dispose of the Goods at its own cost if they cannot be sold or if the expected proceeds from the sale are insufficient to cover the costs reasonably incurred by the Seller for the storage of the Goods and the necessary costs of selling them.

8.    Personal Data Protection

8.1 The Seller processes the Buyer’s personal data for the purpose of handling complaints.

8.2 The Seller provides the Buyer’s personal data to the following recipients: courts, law enforcement authorities, the Slovak Trade Inspection, forensic institutes and experts, and other entities to whom the Seller is legally required to provide personal data.

8.3 The Seller handles the Buyer’s personal data in accordance with the provisions of applicable data protection laws. The Buyer acknowledges that they are obliged to provide their personal data correctly and truthfully and to promptly inform the Seller of any changes. The processing of personal data is, in accordance with Article 6(1)(c) of the Regulation, necessary for the fulfillment of the Seller’s legal obligations arising from Act No. 250/2007 Coll. on Consumer Protection and the amendment of Act of the Slovak National Council No. 372/1990 Coll. on Offenses, as amended. There is no profiling or transfer of personal data to a third country.

8.4 The Buyer is obliged to provide personal data for the purpose of handling complaints; failure to provide them may result in the complaint not being processed. The Seller will process and archive personal data in accordance with special regulations for a period of 10 years following the year to which they relate. The Buyer confirms that the personal data provided are truthful and bears responsibility for any inaccuracy of the provided data. As a data subject whose personal data are processed by the Seller, the Buyer has the right to request access to their personal data, as well as the right to rectify or restrict the processing of such data. If a data subject’s requests are manifestly unfounded or excessive, particularly due to their repetitive nature, the Seller may charge a reasonable fee reflecting administrative costs for providing information or refuse to act on the request. If the data subject believes that the processing of their personal data violates applicable data protection regulations, they have the right to file a complaint with the supervisory authority, which is the Office for Personal Data Protection of the Slovak Republic, Hraničná 12, 820 07 Bratislava.

8.5 The Buyer may address any inquiries regarding personal data protection to the responsible person via the email address: shop@merchyou.shop.

9.    Final Provisions

9.1 The Seller informs that the Buyer, who is a consumer, can find a more detailed regulation of their rights in the Civil Code (Act No. 40/1964 Coll., Civil Code, as amended), and the Buyer, who is a business entity, in the Commercial Code (Act No. 513/1991 Coll., Commercial Code, as amended).

9.2 This Complaints Policy is valid from March 1, 2025, and cancels the validity of previous complaints policies. This Complaints Policy is available as a document on the Website.

9.3 The Seller reserves the right to amend and supplement the Complaints Policy, and such amended Complaints Policy becomes binding for Buyers and part of the Purchase Agreement concluded between the Seller and the Buyer from the date of its publication on the Seller’s Website.

In Bratislava, on March 1, 2025