8. Complaints procedure (warranty, liability for defects, claims)
8.1. The Customer is entitled to have a technical defect removed free of charge, in a timely and proper manner, insofar as it is a technical defect in the Service that can be removed. The Provider is obliged to remove the technical defect without undue delay.
8.2. If there is a technical defect in the Service which cannot be remedied and which prevents the Service from being used properly, the Customer shall have the right to withdraw from the Contract. The same rights shall apply to the Customer if the defect is remediable, but the Customer is unable to use the Service properly due to multiple recurrences of the defect. Multiple recurring defects shall be deemed to exist if any technical defects in the service have occurred at least five times in one calendar month. The Provider is obliged to refund 50% of the consideration (price) paid to the Customer within 14 days from the moment of receipt of the withdrawal from the Contract if the Customer has had access to the service for less than 3 months.
8.3. The Subscriber is obliged to lodge a complaint with the Provider or a designated person. The Provider shall be liable for defects in the service within the meaning of the applicable legislation of the Slovak Republic.
8.4. The complaints handling is governed by the valid complaints procedure of the provider, i.e. Article 8 of these Terms and Conditions. The Subscriber was duly informed of the Complaints Procedure and informed of the conditions and method of claiming the Service, including details of how to claim, at the time prior to the conclusion of the Contract by placing these Terms and Conditions on the relevant sub-page of the Provider's e-shop and the Subscriber had the opportunity to read them at the time prior to placing the order.
8.5. Services purchased by the Customer from the Provider in the form of e- commerce on the Provider's e-commerce website are subject to the Complaints Procedure.
8.6. If the Service has defects for which the Provider is responsible and was purchased from the Provider, the Customer has the right to claim liability from the Provider for technical defects of the Service in accordance with clauses 8.1. and 8.2.
8.7. If the Service is defective, the Subscriber has the right to make a claim by sending an e-mail to the Provider in which the Subscriber describes the defects in the Service, in particular the extent, type and duration of the technical defect (hereinafter referred to as the ""Notice of Claim"").
8.8. After notification of the claim, the Provider shall notify the Customer of the acceptance of the claim without undue delay, but no later than within 24 hours by sending an e-mail, stating the reasons for the service defect, the estimated time required to remove the defect and, if the defect is irremediable, the possibility of withdrawing from the Contract.
8.9. The Provider is obliged to remove the technical defect without undue delay, if it is a significantly complicated technical defect of the service, no later than within 7 working days from the date of notification of the claim. In the event that even after the expiry of the period referred to above the Provider does not remove the technical defect of the service and this technical defect results in the service not being accessible or being accessible in a quality that is significantly worse than agreed, the Customer shall have the right to withdraw from the Contract. The Provider is obliged to refund the Subscriber 50% of the paid fee (price) within 14 days from the moment of receipt of the Contract withdrawal if the Subscriber has had the service available for less than 3 months.
8.10. The Subscriber shall not be entitled to claim liability for defects in the Service of which the Provider was notified at the time of conclusion of the Contract or of which, having regard to the circumstances under which the Contract was concluded, the Subscriber should have known.
8.11. The Provider reserves the right to replace the defective service (defective audiovisual work) with another faultless service (new audiovisual work) with the same or better content and technical parameters, if this does not cause the Subscriber serious difficulties.
8.12. The Provider is not liable for defects in the service:
8.13. The Provider is obliged to settle the complaint and terminate the complaint procedure in one of the following ways: a) by removing the technical defect of the service, b) by replacing the service with a new service (new audiovisual work), c) in the case of an irremediable defect, by a proposal for withdrawal from the contract, d) by a reasoned rejection of the complaint of the goods.
8.14. The Provider will inform the Customer of the result of the complaint immediately after the completion of the complaint procedure by telephone or e-mail and will also receive a proof of the complaint settlement via e-mail.
8.15. The warranty period is unlimited in time and is valid for the entire period of making the service available.
8.16. If the Customer withdraws from the Contract in accordance with the provisions of clause 10.10 of these Terms and Conditions and the Service has not yet been made available or the Customer was not able to log in to the Service for the first time and withdraws from the Contract, the Customer shall be entitled to a refund of 100% of the fee (price) paid to the Provider. In the event that the Subscriber withdraws from the Contract in accordance with the provisions of clause 10.10 of these Terms and Conditions within 3 months from the date of making the Service available, the Subscriber shall be entitled to a refund of 50% of the value of the consideration (price).
8.17. The handling of the claim shall apply only to the defects specified in the Notice of Claim and in the confirmation of the claim of the service according to these Claims and Terms and Conditions.
8.18. For the purposes of a claim, the occurrence of a single repetitive remediable defect at least five times in one calendar month shall be deemed to be a repetitive remediable defect.
8.19. The Customer's right to make a claim for a service defect is exhausted after the Customer has exercised its right and requested the Provider to remedy the service defect pursuant to clause 8.1 of these Complaints and Terms and Conditions and, regardless of the outcome of the claim, the Customer is not entitled to make a claim again for the same unique defect (not a defect of the same type).
8.20. The provisions of Article 8 of these Complaints and Terms and Conditions, which have the character of consumer rights, expressly do not apply to entities that do not meet the definition of a consumer as set out in Section 2(a) of Act No.102/2014.
