Complaints procedure

COMPLAINTS PROCEDURE of the Cromia.sk Online Store

I. Identification of the Trader

1.1. This Complaints Procedure (hereinafter also referred to as "CP") governs the legal relationships between the company:

• Business Name: Xcoffee s.r.o.

• Registered Office: Zimná 209/73, Spišská Nová Ves 052 01, Slovak Republic

• Registered in the Commercial Register of the Municipal Court Košice, Section Sro, Insertion number 43401/V

• Company ID (IČO): 51445450

• Tax ID (DIČ): 2120708953

• VAT ID (IČ DPH): SK2120708953

• Bank Account: Tatrabanka: IBAN / SWIFT : SK6811000000002947156488

• The Seller is a value-added tax (VAT) payer

(hereinafter also referred to as the "Seller" or the "Trader") and any person who is a Buyer of products offered by the Seller on the Seller's Website, and who acts in the capacity of a consumer within the meaning of further provisions of the General Terms and Conditions published on the Seller's website and the relevant laws defining a consumer within the framework of the valid legislation of the Slovak Republic, in particular: Act No. 108/2024 Coll. on Consumer Protection and on amendments and supplements to certain acts, as amended, and Act No. 40/1964 Coll., the Civil Code, as amended, with the exception specified in clause 4.4. of this Complaints Procedure, which regulates the legal relationship between the Trader and a Buyer who does not act in the capacity of a consumer.

1.2. The email contact and telephone contact for the Seller are:

• Email: info@cromia.sk

• Tel. No.: +421 904125925

1.3. The address for sending complaints and withdrawals from contracts is:

• Xcoffee s.r.o., Zimná 209/73, Spišská Nová Ves 052 01, Slovak Republic

II. Basic Provisions

2.1. This Complaints Procedure regulates the legal relationships between Buyers who are consumers and the Trader.

III. Exercising the Right of Liability for Defects

3.1. The Buyer may exercise the rights of liability for defects only if they have notified the Seller of the defect without undue delay, at the latest within 24 months from the receipt of the item. If the defect is not notified within this period, the rights of liability for defects shall expire.

IV. Liability for Defects

4.1. The Seller is liable for any defect that the sold item has at the time of its delivery and which manifests itself within two years from the delivery of the item.

4.2. If the subject of the purchase is an item with digital elements, where the digital content is to be supplied or the digital service is to be provided continuously during the agreed period, the seller is liable for any defect in the digital content or digital service that occurs or manifests itself throughout the agreed period, but for at least two years from the delivery of the item with digital elements.

4.3. In the case of a used item, the parties may agree on a shorter period of the seller's liability for defects than in paragraphs 4.1 and 4.2, but not shorter than one year from the delivery of the item.

4.4. The Seller is liable for any defect that the sold item has at the time of its delivery to the Buyer, and which manifests itself within 6 months from the delivery of the item, in the event that the Buyer does not act in the capacity of a consumer.

V. Rights Arising from Liability for Defects

5.1. If the seller is liable for a defect in the sold item, the buyer has the right against them to have the defect remedied by repair or replacement, the right to a reasonable discount on the purchase price, or the right to withdraw from the purchase contract.

5.2. The Buyer may refuse to pay the purchase price or a part thereof until the seller fulfills the obligations arising from the liability for defects, unless the buyer is in default with the payment of the purchase price or a part thereof at the time of notifying the defect. The Buyer shall pay the purchase price without undue delay after the seller has fulfilled their obligations.

5.3. The Buyer may exercise the rights of liability for defects, including the right under clause 5.2, only if they have notified the defect within two months from discovering the defect, and at the latest before the expiry of the period according to clauses 4.1 to 4.3 of this Complaints Procedure.

5.4. The exercise of rights of liability for defects does not exclude the buyer's right to compensation for damages resulting from the defect.

VI. Notification of a Defect

6.1. A defect may be notified at any business premises of the seller, to another person of whom the seller informed the buyer before concluding the contract or before sending the order, or by means of distance communication at the address of the registered office or place of business of the seller, or at another address of which the seller informed the buyer upon or after the conclusion of the contract.

6.2. If the buyer notified the defect by a postal shipment which the seller refused to accept, the shipment is considered delivered on the day of refusal.

6.3. The Seller shall provide the buyer with a written confirmation of the notification of the defect immediately after the notification of the defect by the buyer. In the confirmation of the notification of the defect, the seller shall state the period within which they will remedy the defect in accordance with § 507 para. 1 of Act No. 40/1964 Coll., the Civil Code, as amended. The period notified under the previous sentence must not be longer than 30 days from the day of notification of the defect, unless a longer period is justified by an objective reason that the seller cannot influence.

6.4. If the seller refuses liability for defects, he shall notify the buyer of the reasons for the refusal in writing. If the buyer proves the seller's liability for the defect by an expert opinion or a professional opinion issued by an accredited person, he may repeatedly point out the defect and the seller may not refuse liability for the defect; repeated pointing out of the defect is not subject to Section 621, paragraph 3, of Act No. 40/1964 Coll., the Civil Code, as amended. The consumer's costs associated with the expert opinion and professional opinion are subject to Section 509, paragraph 2, of Act No. 40/1964 Coll., the Civil Code, as amended.

6.5. If, before concluding the contract or, if the contract is concluded on the basis of the buyer's order, before sending the order, the seller informed the buyer that defects can also be notified to another person, the action or omission of this person shall be considered an action or omission of the seller for the purposes of liability for defects.

VII. Remedy of a Defect

7.1. The Buyer has the right to choose to have the defect removed by replacing the item or repairing the item. The Buyer may not choose a method of removing the defect that is not possible or that would cause the Seller disproportionate costs compared to the second method of removing the defect, taking into account all the circumstances, in particular the value that the item would have without the defect, the severity of the defect and whether the second method of removing the defect would cause the Buyer significant difficulties. After the first removal of the defect by repairing the item, the period of liability for defects in the item is extended by 12 months. The period of liability for defects in the item is extended only once, regardless of the number of repairs to the item.

7.2. The Seller may refuse to remedy the defect if neither repair nor replacement is possible or if it would require unreasonable costs with regard to all circumstances, including the circumstances under the second sentence of clause 7.1.

7.3. The Seller shall repair or replace the item within a reasonable period after the buyer has notified the defect, free of charge, at their own expense, and without causing significant difficulties to the buyer with regard to the nature of the item and the purpose for which the buyer requested the item.

7.4. For the purposes of repair or replacement, the buyer shall hand over or make the item available to the seller or to a person pursuant to § 622 para. 5 of Act No. 108/2024 Coll. on Consumer Protection and on amendments and supplements to certain acts, as amended. The costs of taking over the item shall be borne by the seller.

7.5. The Seller shall deliver the repaired item or the replacement item to the buyer at their own expense in the same or a similar manner in which the buyer delivered the defective item to them, unless the parties agree otherwise. If the buyer does not take over the item within six months from the day they were supposed to take it over, the seller may sell the item. If it is an item of greater value, the seller shall inform the buyer in advance about the intended sale and provide them with a reasonable additional period to take over the item. Immediately after the sale, the seller shall pay the buyer the proceeds from the sale of the item after deducting the costs reasonably incurred for its storage and sale, if the buyer exercises the right to a share of the proceeds within a reasonable period specified by the seller in the notice of the intended sale of the item. The seller may destroy the item at their own expense if it could not be sold or if the expected proceeds from the sale will not be sufficient even to cover the costs that the seller reasonably incurred for the storage of the item and the costs that the seller would inevitably have to incur for its sale.

7.6. When remedying the defect, the seller shall ensure the removal of the item and the installation of the repaired item or replacement item, if the replacement or repair requires the removal of the defective item that was installed in accordance with its nature and purpose before the defect manifested itself. The seller and the buyer may agree that the removal of the item and the installation of the repaired or replacement item will be ensured by the buyer at the expense and risk of the seller.

7.7. When remedying a defect by replacing the item, the seller has no right to compensation for damage caused by normal wear and tear of the item and to payment for normal use of the item before its replacement.

7.8. The Seller is liable for defects in the replacement item in accordance with § 619 of Act No. 108/2024 Coll. on Consumer Protection and on amendments and supplements to certain acts, as amended.

7.9. The Buyer has the right to a reasonable discount on the purchase price or may withdraw from the purchase contract even without providing an additional reasonable period pursuant to § 517 para. 1 of Act No. 40/1964 Coll., the Civil Code, as amended, if:

• a) the seller has not repaired or replaced the item,

• b) the seller has not repaired or replaced the item in accordance with § 623 of Act No. 40/1964 Coll., the Civil Code, as amended,

• c) the seller refused to remedy the defect pursuant to § 623 of Act No. 40/1964 Coll., the Civil Code, as amended,

• d) the item has the same defect despite the repair or replacement of the item,

• e) the defect is of such a serious nature that it justifies an immediate discount on the purchase price or withdrawal from the purchase contract, or

• f) the seller has declared, or it is clear from the circumstances, that they will not remedy the defect within a reasonable period or without causing significant difficulties for the buyer.

7.10. The discount on the purchase price must be proportionate to the difference between the value of the sold item and the value that the item would have if it were without defects.

7.11. The Buyer cannot withdraw from the purchase contract under clause 7.9 if the buyer contributed to the creation of the defect or if the defect is negligible. The burden of proof that the buyer contributed to the creation of the defect and that the defect is negligible lies with the seller.

7.12. If the contract concerns the purchase of multiple items, the buyer may withdraw from it only in relation to the defective item. In relation to the other items, they may withdraw from the contract only if it cannot be reasonably expected that they will have an interest in keeping the other items without the defective item.

7.13. After withdrawing from the contract or a part thereof, the buyer shall return the item to the seller at the seller's expense. The seller shall ensure the removal of the item that was installed in accordance with its nature and purpose before the defect manifested itself. If the seller does not remove the item within a reasonable period, the buyer may ensure the removal and delivery of the item to the seller at the expense and risk of the seller.

7.14. After withdrawal from the contract, the seller shall return the purchase price to the buyer no later than 14 days from the day the item is returned to the seller or after proof is provided that the buyer has sent the item to the seller, whichever occurs earlier.

7.15. The Seller shall return the purchase price to the buyer or pay them the discount on the purchase price in the same manner used by the buyer when paying the purchase price, unless the buyer expressly agrees to a different method of payment. All costs associated with the payment shall be borne by the seller.

7.16. The Seller has no right to compensation for damage caused by normal wear and tear of the item and to payment for normal use of the item before withdrawal from the purchase contract.

VIII. Liability for Defects in a Service

8.1. The Seller is liable for any defect in a service that the service has at the time of its delivery and which manifests itself within two years from the delivery of the service.

8.2. When exercising rights arising from liability for defects in a service, the provisions of Art. VI of this Complaints Procedure apply mutatis mutandis.

IX. Final Provisions

9.1. This Complaints Procedure forms an integral part of the General Terms and Conditions and the Privacy Policy and Notice of this Website. The documents – General Terms and Conditions and the Privacy Policy and Notice of this Website are published on the domain of the Seller's Website.

9.2. This Complaints Procedure is valid and effective from the moment of its publication on the Seller's Website on 18.06.2026.

9.3. Beyond the scope of the trader's statutory liability for defects in the goods, the manufacturer is obliged to repair the goods at the consumer's request in the case of:

if the legal regulation in Annex II to Directive (EU) 2024/1799 of the European Parliament and of the Council of 13 June 2024 on common rules to promote the repair of goods and amending Regulation (EU) 2017/2394 and Directives (EU) 2019/771 and (EU) 2020/1828 sets out requirements for the reparability of goods or parts of goods, including requirements for ease of disassembly, access to spare parts, information and tools related to repair, which apply to the goods or parts of goods (hereinafter referred to as the "reparability requirement").

9.4. The manufacturer shall carry out or ensure the performance of the repair in accordance with point 10.3. free of charge or at a reasonable price, within a reasonable period of time from the handover of the goods to the consumer or from the goods being made available to the manufacturer to the extent of the requirement for repairability pursuant to the legal regulation in Annex II to Directive (EU) 2024/1799, this does not apply if repair is not possible. The manufacturer may not refuse to perform the repair solely on the grounds of the cost of spare parts and tools necessary for the repair or on the grounds that the previous repair was performed by a repair shop or another person.

9.5. If the manufacturer does not have a registered office or place of business in the Slovak Republic or in another Member State, the following shall be obliged to perform or ensure the repair of the goods:

a) an authorised representative with a registered office or place of business in a Member State,

b) the importer, if the manufacturer does not have an authorised representative with a registered office or place of business in a Member State,

c) the distributor, if the importer does not have a registered office or place of business in a Member State.