I. Identification of the trader

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

Business name: MOE Kids s.r.o. Registered office: Laurotová 3, Bratislava - city district Nové Mesto 831 02, Slovak Republic

Registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, Insert No. 104412/B

IČO: 48174319
Tax ID: 2120091556
VAT ID: SK2120091556

The seller is a value added tax payer

(hereinafter referred to as the "Seller" or "Retailer") and any person who is a Buyer of products offered by the Seller on the Seller's Website and who acts in the position of a consumer within the meaning of other provisions of these General Terms and Conditions and relevant laws defining a consumer, within the applicable legislation of the Slovak Republic, in particular the following acts: Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended,  Act No. 40/1964 Coll., the Civil Code, as amended, with the exception referred to in point 4.4 of this Complaint Procedure, which regulates the legal relationship between the Seller and the Buyer, who does not act in the position of a consumer.

1.2. E-mail contact and telephone contact to the Seller is:

E-mail: moe@moe4kids.com

Tel.: +421 907 130 152

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

1.3.1.  Sending via Packeta (formerly Zásielkovňa) to the pick-up point:

MELODY
Metodova 6
821 08 Bratislava
ID 347 97 (it is the ID of the delivery point, i.e. it is not a return code)

Note: Packeta's mobile application is required for sending.

1.3.2. Sending via Slovak Post:

MOE Kids s.r.o.
P.O.BOX 10
830 03 Bratislava 33

Note: we recommend sending by registered mail.

The buyer is entitled to withdraw from the contract without giving any reason within 30 days from the date of receipt of the goods. For more information, please see the Terms and conditions.

To process returns or changes please send us the product in original packaging.

Charges for the delivery of goods that will be the subject of exchange or return are paid directly by the customer unless agreed otherwise. The Seller pays charges for re-delivery of exchanged goods.

Returns may take 7 to 14 days to process.

Forms:
Complaint Form
Withdrawal Form

II. Basic provisions

2.1. This Complaint Procedure regulates the legal relations between Buyers who are consumers and the Retailer.

III. Exercising the right of liability for defects

3.1. The Buyer may exercise rights from liability for defects only if the defect has been complained to the Seller without undue delay, no later than 24 months have elapsed since the receipt of the item. If he does not complain about the defect within this period, the rights arising from liability for defects will expire.

IV. Liability for defects

4.1. The Seller is responsible for any defect that the sold item has at the time of its delivery and that becomes apparent within two years of the delivery of the item.

4.2. If the subject of the purchase is a thing with digital elements, where the digital content is to be delivered 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 becomes apparent during the entire agreed period, but at least for two years from the delivery of the thing with digital elements.

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

4.4. The Seller is responsible for any defect that the sold item has at the time of its delivery to the Buyer and that becomes apparent within 6 months of delivery of the item, if the Buyer does not act in the position of a consumer.

V. Rights arising from liability for defects

5.1. If the Seller is responsible for the defect of the sold item, the Buyer has the right to have the defect removed 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 part thereof until the seller fulfils its obligations arising from liability for defects, unless the buyer is in default with the payment of the purchase price or part thereof at the time of complaining about the defect. The Buyer shall pay the purchase price without undue delay after the Seller has fulfilled its obligations.

5.3. The Buyer may exercise rights arising from liability for defects, including the right under Clause 5.2, only if the Buyer has complained of the defect within two months of discovering the defect, no later than the expiry of the period under Clauses 4.1 to 4.3 of these Complaints Procedure.

5.4. The exercise of rights arising from liability for defects does not exclude the Buyer's right to compensation for damage caused by the defect.

VI. Complaint of defect

6.1. The defect can be reported at any of the seller's establishments, at another person of whom the seller has notified the buyer before concluding the contract or before sending the order, or by means of distance communication at the address of the seller's registered office or place of business or at another address of which the seller has notified the buyer upon concluding the contract or after concluding the contract.

6.2. If the Buyer has complained of a defect in a postal item that the Seller has refused to accept, the shipment shall be deemed to have been delivered on the day of the refusal.

6.3. The Seller shall provide the Buyer with a written confirmation of the fault complaint immediately after the fault has been complained of by the Buyer. In the confirmation of the defect complaint, the Seller shall state the period within which the defect is rectified in accordance with Section 507 (1) of Act No. 40/1964 Coll., the Civil Code, as amended. The deadline notified under the previous sentence may not be longer than 30 days from the date on which the defect was complained of, unless a longer period is justified by an objective reason beyond the seller's control.

6.4. If the seller refuses to accept 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 means of an expert opinion or a professional opinion issued by an accredited person, an authorized person or a notified 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. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, 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 based on the buyer's order before sending the order, the seller has informed the buyer that the defects can also be attributed to another person, the actions or omissions of this person shall be considered the actions or omissions of the seller for the purposes of liability for defects.

VII. Removal of the 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 other 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 other method of removing the defect would cause the buyer significant difficulties.

7.2. The Seller may refuse to remove the defect if repair or replacement is not possible or if it would require unreasonable costs with regard to all circumstances, including the circumstances under point 7.1. second sentence.

7.3. The Seller shall repair or replace the item within a reasonable period after the Buyer has pointed out the defect, free of charge, at its own expense and without causing serious inconvenience to the Buyer, taking into account 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 a person pursuant to Section 622, paragraph 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 his own expense in the same or similar manner as the buyer delivered the defective item, unless the parties agree otherwise. If the buyer does not take over the item within six months of the date on which he was supposed to take over it, the seller may sell the item. If the item is of greater value, the seller shall notify the buyer of the intended sale in advance and grant him a reasonable additional period for taking over the item. The seller shall immediately 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 his right to a share of the proceeds within a reasonable period of time specified by the seller in the notice of the intended sale of the item. The seller may destroy the item at his own expense if it has not been sold or if the expected proceeds from the sale are not sufficient to cover the costs that the seller has reasonably incurred in storing the item and the costs that the seller would necessarily have to incur in selling it.

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

7.7. When eliminating a defect by replacing the item, the seller shall not be entitled to compensation for damage caused by normal wear and tear of the item and to remuneration for normal use of the item before its replacement.

7.8. The seller is liable for defects in the replacement item pursuant to Section 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 without providing an additional reasonable period pursuant to Section 517, Paragraph 1., Act No. 40/1964 Coll. 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 Section 623, Paragraphs 4 and 6 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts, as amended,

c) the seller has refused to remove the defect pursuant to Section 623, Paragraph 2 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended,

d) the item has the same defect despite 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 obvious from the circumstances that he will not remove the defect within a reasonable period of time or without causing serious difficulties for the buyer.

7.10. The discount on the purchase price must be proportionate to the difference between the value of the item sold and the value that the item would have if it were free of defects.

7.11. The buyer cannot withdraw from the purchase contract pursuant to point 7.9. if the buyer participated in the occurrence of the defect or if the defect is negligible. The burden of proof that the buyer contributed to the defect and that the defect is negligible is borne by the seller.

7.12. If the contract concerns the purchase of several items, the buyer may withdraw from it only in relation to the defective item. In relation to other items, he may withdraw from the contract only if he cannot reasonably be expected to be interested in keeping the other items without the defective item.

7.13. After withdrawing from the contract or 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 became apparent. If the seller fails to remove the item within a reasonable period of time, the buyer may ensure the removal and delivery of the item to the seller at the seller's expense and risk.

7.14. After withdrawal from the contract, the seller shall refund the purchase price to the buyer no later than 14 days from the date of return of the item to the seller or after proving that the buyer sent the item to the seller, whichever is earlier.

7.15. The seller shall refund the purchase price to the buyer or pay him out a discount on the purchase price in the same way as the buyer used to pay the purchase price, unless the buyer expressly agrees to another method of payment. All costs associated with the payment shall be borne by the seller.

7.16. The Seller is not entitled to compensation for damage caused by normal wear and tear of the item and to compensation for the normal use of the item before withdrawing from the purchase contract.

VIII. Liability for defects in digital fulfillment

8.1. The Trader shall be liable for any defect that the digital supply has at the time of its delivery and that becomes apparent within two years of its delivery, in the case of a digital supply that is supplied as a single transaction or as a set of individual transactions.

8.2. The Trader shall remedy the defect in the digital performance within a reasonable period of time after the consumer has complained of the defect, free of charge and without causing serious inconvenience to the consumer, taking into account the nature of the digital performance and the purpose for which the consumer requested the digital performance.

8.3. The Trader may refuse to remove the defect if removal is not possible or if it would incur disproportionate costs in view of all the circumstances, in particular the value that the digital performance would have without the defect and the seriousness of the defect.

IX. Liability for defects in the service

9.1. The Subcontractor is responsible for defects that the item has when it is taken over by the Client.

9.2. If the defect becomes apparent within 24 months from the date on which the Client should have taken over the item, it is assumed that it is a defect that the item already had at the time of receipt. This shall not apply if the contrary is proved or if that presumption is incompatible with the nature of the thing or defect.

X. Final provisions

10.1. This Complaints Procedure forms an integral part of the General Terms and Conditions and the Privacy Policy and Instruction of this Website. Documents – General Terms and Conditions and Privacy Policy and Instructions of this Website are published on the domain of the Seller's Website.

10.2. This Complaint Procedure is valid and effective at the moment of its publication on the Seller's Website on 09.04.2025.