Article I – General Provisions
This complaints procedure governs the process for submitting complaints regarding services offered and provided by the company migrant.sk s.r.o., headquartered at: Werferova 6, 040 11 Košice, ID No.: 55906265, Commercial Register of the District Court Košice I, Section: Sro, Insert No.: 58307/V. This complaints procedure is binding for both the Provider and the User. By paying the price for the ordered service, the User declares that they have been informed of this complaints procedure.
Article II – Interpretation of Terms
- The term Provider refers to migrant.sk s.r.o., headquartered at: Werferova 6, 040 11 Košice, ID No.: 55906265 (hereinafter referred to as the “Provider”).
- The term User refers to a natural person or legal entity that has concluded a service provision agreement with the Provider and is entitled to assert claims for liability for defects (hereinafter referred to as the “User”).
- The term Consumer refers to a User (natural person) who uses the services provided for personal use or for the needs of their household members.
- The term Service refers to services offered by the Provider, including additional services and other related services according to the Provider’s business activities.
- The term Complaint refers to the assertion of the right to liability for defects in the provided service.
- The term Handling of a Complaint refers to the conclusion of the complaint process by eliminating the defect in the provided service, exchanging the service for another, refunding the price charged for the provided service, granting a reasonable discount on the price charged for the provided service, or justified rejection of the complaint.
Article III – Liability for Defects
The Provider is responsible for ensuring that the service offered to the User meets the quality requirements for the offered service in accordance with the nature of the offered service and the concluded contract. The Provider is liable for defects in the offered service for the duration of its provision to the User.
Article IV – Submission of Complaints
- The User is entitled to submit a complaint regarding the quality of the provided service or the correctness of the price charged for the provided service if there is a reasonable doubt that the invoice for the Service was not issued in accordance with the contract and the Provider’s price list.
- The User must submit the complaint to the Provider without undue delay after discovering the defect in the provided service or the incorrectness of the invoiced amount, but no later than within 30 days, otherwise the right to complain shall expire.
- The User may submit a complaint according to point 1 of this article in writing to the address of migrant.sk s.r.o. , Werferova 6, 040 11, Košice, by email to support via the form on the Provider’s website, or in person at the Provider’s registered office. The specific contact details of the Provider are published on its website.
- When submitting a complaint, the User shall provide their identification and contact details (address of residence, domicile, if applicable, telephone number, email), clearly specify and describe the defect in the service and how the defect manifests itself, as well as the time frame during which, according to the User, the quality of the provided service was limited. The User shall further specify which of the claims for liability for defects they are asserting and how they request the handling of the processed complaint (personal pickup, mailing), or any other necessary information. In the case of a complaint regarding the correctness of invoicing for the provided Service, the User must also specify the accounting period to which the complaint relates and the numbers of the documents to which the complaint relates.
- The Provider is not responsible for any incorrect information provided by the User in the complaint submitted by them and for the inability to deliver documents to the contact address provided by the User.
- The User shall submit the complaint to the Provider by mail to the address
, Werferova 6, 040 11 Košice, or by email to the Provider’s email address, or personally at the Provider’s registered office.
- Submitting a complaint regarding the correctness of the invoiced (billed) price for the provided service does not have a deferral effect on payment, i.e., it does not relieve the User of the obligation to pay the invoice by the due date.
- The Provider reserves the right not to recognize the complaint if the reduction in the quality of the Service was caused by circumstances excluding liability, unprofessional or unauthorized interventions by the User in the settings of the Services or by other third parties to whom the User knowingly or unknowingly allowed such intervention, even through their negligent acts, or if the User submitted the complaint after the expiration of 30 days from the date when the defect or incorrectness of the invoicing was discovered.
- The day of commencement of the complaint process is considered to be the day when the User submitted the complaint to the Provider, i.e., the day when the written complaint is delivered to the Provider in accordance with point 6 of this article. If the submitted complaint does not contain all the required information according to point 4 of this article, the complaint process begins only on the day when all the required information is delivered. If the User does not provide the missing information even upon request by the Provider, the complaint will be considered unfounded.
- If the Service being complained about requires access data (passwords) to the system, the User is obliged to provide the relevant data (passwords) when submitting the complaint. If they fail to do so, the day of commencement of the complaint process will be the day of delivery of the access data to the User.
Article V – Handling of Complaints
- In the case of personal submission of the complaint, the Provider shall confirm to the User the receipt of the written complaint by acknowledging receipt on the copy of the document.
- The Provider shall investigate the submitted complaint without undue delay after its submission and decide on the method of handling the complaint. After determining the method of handling the complaint, the complaint shall be handled immediately, in justified cases, the complaint may be handled later; however, handling the complaint must not take longer than 30 days from the date of its submission.
- After the expiration of the deadline for handling the complaint, the User has the right to withdraw from the contract or the right to exchange the service for another.
- The Provider shall inform the User about the handling of the complaint no later than 30 days from the date of its submission.
- The Provider shall inform the User about the handling of the complaint by sending an email to the User’s email address, if the User requested to receive information about the handling of the complaint by email. If the User requested to receive information by mail, the Provider shall send information about the handling of the complaint to the User’s contact address provided in the complaint.
Article VI – Methods of Handling Complaints
- If a defect occurs in the provided service that can be rectified, the User has the right to its free, timely, and proper rectification. The Provider is obliged to rectify the defect without undue delay. The method of rectifying the defect is decided by the Provider.
- The User has the right to withdraw from the concluded contract if: a) the offered service exhibits a defect that cannot be rectified and prevents the service from being properly used as a defect-free service, b) although they are rectifiable defects, the User cannot properly use the service due to the recurrence of the defect; the recurrence of the defect is considered to be the situation where the same defect occurs for the third time after at least two previous rectifications, c) although they are rectifiable defects, the User cannot properly use the service due to a larger number of defects; a larger number of defects is considered to be at least three different rectifiable defects that prevent the proper use of the service occurring simultaneously, d) the Provider does not handle the complaint within the 30-day period (in this case, it is considered to be a non-rectifiable defect).
- In cases referred to in point 2 of this article, the Provider may agree with the User on handling the complaint by exchanging the advertised Service for another.
- If other non-rectifiable defects occur in the offered service, the User has the right to a reasonable discount on the price of the service.
- When handling a complaint by providing a discount on the invoiced (billed) price, consideration shall be given to the nature of the defect, its duration, and the possibility of further use of the service. The amount of the discount provided shall be decided by the Provider.
- The Provider shall handle the complaint and conclude the complaint process by one of the following methods: a) rectifying the defect in the provided service, b) exchanging the service for another with the User’s prior agreement, c) refunding the price paid for the provided service (in case of withdrawal from the contract), d) granting a reasonable discount on the price of the provided service, e) justified rejection of the complaint.
Article VII – Final Provisions
This complaints procedure shall enter into force and effect on November 30, 2023. The Provider reserves the right to make changes and additions to this complaints procedure without prior notice.