Complaints Policy

Annex No. 2 to the Terms and Conditions

Article 1 — Introductory provisions

This Complaints Policy sets out the conditions and method of exercising rights arising from liability for defects in goods purchased in the online store www.lounge4padel.com (hereinafter the “complaint”), the procedure for handling it, and the place where a complaint can be made. It is issued in accordance with Section 612 et seq. of Act No. 40/1964 Coll., the Civil Code, in particular Sections 615 to 626, and with Act No. 108/2024 Coll. on Consumer Protection, and forms an integral part of the Terms and Conditions.

This Complaints Policy applies to buyers who are consumers. Buyers who are business customers are governed by Article XIII of the Terms and Conditions and the relevant provisions of the Commercial Code.

Address for complaints: LForP s. r. o., Námestie slobody 7440/13, 811 06 Bratislava, Slovakia, e-mail: info@lounge4padel.sk, phone: +421 910 276 558.

Article 2 — Defect in goods

Goods are defective if they do not comply with the agreed requirements or with the general requirements under Sections 615 to 617 of the Civil Code, or if their use is prevented or restricted by the rights of a third party, including intellectual property rights.

Goods do not comply with the agreed requirements in particular if they do not match the description, type, quantity and quality specified in the contract, are not suitable for a specific purpose that the buyer made known to the seller at the latest when concluding the contract and to which the seller agreed, or are not supplied with the accessories and instructions for use specified in the contract.

Goods do not comply with the general requirements in particular if they are not fit for the purposes for which goods of the same type are normally used, do not match the description and quality of a sample or model made available before the contract was concluded, or are not supplied in the quantity, quality and with the characteristics, including functionality, compatibility, repairability, safety and durability, that are normal for goods of the same type and that the buyer can reasonably expect.

A defect that arose from use and normal wear and tear that can reasonably be expected given the degree of previous use is not considered a defect of sold used goods.

The following in particular are not considered defects in goods:

• normal wear and tear caused by ordinary use, in particular wear and soiling of a racket grip, abrasion and surface damage to the racket frame and hitting surface caused by contact with the ground, wall or fence, loss of bounce and surface wear of balls, wear of the outsole and upper material of footwear, abrasions and colour fading of textiles, and wear of padding and surfaces of protective equipment under training load,
• a defect for which a lower price was agreed, or a characteristic that does not meet the general requirements, if the seller expressly informed the buyer of this characteristic when concluding the contract and the buyer expressly and separately agreed to the non-conformity,
• damage caused by use contrary to the manufacturer’s instructions, improper use, mechanical damage, excessive load, unprofessional modification or unprofessional repair,
• damage caused by improper care, in particular improper washing, drying, ironing, cleaning or storage contrary to the manufacturer’s instructions stated on the goods or their packaging,
• damage caused by an external event after the risk of damage passed to the buyer.

The seller is liable for a defect caused by incorrect assembly or installation of the goods if the assembly or installation was part of the purchase contract and was carried out by the seller or under the seller’s responsibility, or if the buyer carried it out incorrectly due to shortcomings in the instructions provided by the seller.

Article 3 — Liability period for defects

The seller is liable for any defect that the goods have at the time of delivery and that becomes apparent within two years of delivery of the goods.

When selling used goods, the seller and the buyer may agree on a shorter liability period for defects, but not shorter than one year from delivery of the goods; such an agreement must be express and is stated in the product description or in the order confirmation.

After the first removal of a defect by repair, the liability period for defects is extended by 12 months. The liability period is extended only once, regardless of the number of repairs.

The seller is liable for defects in replacement goods supplied in an exchange under Section 619 of the Civil Code; the liability period starts anew from receipt of the replacement goods.

If a defect becomes apparent before the end of the period under points 1 to 3 of this Article, it is presumed that the goods already had the defect at the time of delivery. This does not apply if the contrary is proven or if this presumption is incompatible with the nature of the goods or the defect.

Article 4 — Buyer’s rights arising from liability for defects

If the seller is liable for a defect in the goods, the buyer has the right to have the defect removed by repair or exchange, the right to a reasonable discount on the purchase price, or the right to withdraw from the purchase contract.

The buyer may refuse to pay the purchase price or part of it until the seller fulfils its obligations arising from liability for defects, unless the buyer is in default with payment of the purchase price or part of it at the time the defect is notified. The buyer will pay the purchase price without undue delay after the seller has fulfilled its obligations.

Exercising rights arising from liability for defects does not exclude the buyer’s right to compensation for damage caused by the defect.

The buyer is entitled to reimbursement from the seller of reasonably incurred costs related to notifying the defect and exercising rights arising from liability for the defect. The buyer must claim this right from the seller no later than two months from delivery of the repaired or replacement goods, payment of the discount on the purchase price or refund of the purchase price after withdrawal from the contract; otherwise the right lapses.

Article 5 — Making a complaint

The buyer may exercise rights arising from liability for defects only if the buyer notified the defect within two months of discovering it, and no later than the end of the liability period for defects under Article 3.

A defect can be notified:

• electronically to the e-mail address info@lounge4padel.sk,
• by post to the seller’s registered office: LForP s. r. o., Námestie slobody 7440/13, 811 06 Bratislava – mestská časť Staré Mesto, Slovakia.

If the buyer notified a defect by a postal item that the seller refused to accept, the item is deemed delivered on the day of refusal.

The buyer may use the complaint form, which forms Annex No. 4 to the Terms and Conditions; its use is not a condition for the validity of the complaint.

When making a complaint, the buyer states their identification and contact details, identification of the goods complained about, the order number or other information proving the purchase of the goods from the seller, a description of the defect and how it manifests itself, as well as which of their rights arising from liability for defects they are exercising.

The seller will accept the complaint even without the original proof of purchase if the buyer proves the purchase of the goods from the seller in another way, in particular by the order number, order confirmation or a payment account statement.

The buyer sends the goods complained about to the seller together with the complaint. The buyer is advised to send the goods clean, complete and protected against damage in transit; failure to follow this recommendation does not affect the buyer’s statutory rights. The seller does not accept cash-on-delivery parcels; this does not affect the seller’s obligation to bear the costs of taking over the goods under Article 7 point 6.

The date of making the complaint is the day on which the notification of the defect was delivered to the seller.

Article 6 — Confirmation of the notified defect, information and period for removing the defect

The seller provides the buyer with written confirmation of the notified defect without delay after the defect is notified, on a durable medium, usually by e-mail.

In the confirmation of the notified defect, the seller states the period within which the defect will be removed. This period may not be longer than 30 days from the day the defect was notified, unless a longer period is justified by an objective reason beyond the seller’s control. If the seller cannot meet the period, the seller informs the buyer without delay, if possible before the notified period expires, and states a new period and the reason for it.

Before removing the defect, the seller informs the buyer of the right to choose between repair and exchange of the goods and of the extension of the liability period for defects by 12 months after the first removal of a defect by repair.

Article 7 — Method of removing the defect

The buyer has the right to choose whether the defect is removed by exchange or by repair of the goods. The buyer may not choose a method of removing the defect that is impossible or that, compared with the other method, would cause the seller disproportionate costs taking into account all circumstances, in particular the value the goods would have without the defect, the seriousness of the defect and whether the other method would cause the buyer significant inconvenience.

The seller may refuse to remove the defect if neither repair nor exchange is possible or if they would require disproportionate costs taking into account all circumstances, including those under point 1 of this Article.

The seller repairs or exchanges the goods within a reasonable period after the buyer notified the defect, free of charge, at the seller’s own expense and without causing the buyer significant inconvenience, taking into account the nature of the goods and the purpose for which the buyer required them.

When removing a defect by exchange, the seller may supply refurbished goods only at the buyer’s request.

During the repair of the goods, the seller may lend the buyer temporary replacement goods free of charge, including refurbished goods; this is an option, not an obligation of the seller. The loan is governed by Sections 659 to 662 of the Civil Code on loans for use.

For the purposes of repair or exchange, the buyer hands over or makes the goods available to the seller. The costs of taking over the goods are borne by the seller.

We do not have a shop or a pick-up point, so please send the goods to our registered office by post or courier.

The seller delivers the repaired or replacement goods to the buyer at its own expense in the same or a similar way as the buyer delivered the defective goods, unless the parties agree otherwise. If the buyer does not take over the goods within six months of the day on which they should have been taken over, the seller may sell them. In the case of goods of higher value, the seller notifies the buyer of the intended sale in advance and grants a reasonable additional period for taking over the goods. Without delay after the sale, the seller pays the buyer the proceeds of the sale less the costs reasonably incurred for storage and sale, provided that the buyer claims the right to a share of the proceeds within the reasonable period stated by the seller in the notice of the intended sale.

When removing a defect by exchange, the seller is not entitled to compensation for damage caused by normal wear and tear of the goods or to payment for normal use of the goods before their exchange.

Article 8 — Discount on the purchase price and withdrawal from the contract

The buyer is entitled to a reasonable discount on the purchase price or may withdraw from the purchase contract even without granting an additional reasonable period if:

• the seller has not repaired or exchanged the goods,
• the seller has not repaired or exchanged the goods in accordance with Section 623(7) and (9) of the Civil Code,
• the seller has refused to remove the defect under Section 623(3) of the Civil Code,
• the goods have the same defect despite repair or exchange,
• the defect is so serious that it justifies an immediate discount on the purchase price or withdrawal from the purchase contract, or
• the seller has declared, or it is clear from the circumstances, that the defect will not be removed within a reasonable period or without causing the buyer significant inconvenience.

When assessing the buyer’s right under point 1(d) and (e), all circumstances are taken into account, in particular the type and value of the goods, the nature and seriousness of the defect and whether the buyer can objectively be expected to trust the seller’s ability to remove the defect.

The discount on the purchase price must be proportionate to the difference between the value of the goods delivered and the value the goods would have if they were free of defects.

The buyer may not withdraw from the purchase contract if the buyer contributed to the defect or if the defect is minor.

If the contract concerns the purchase of several goods, the buyer may withdraw from it only in respect of the defective goods. The buyer may withdraw from the contract in respect of the other goods only if the buyer cannot reasonably be expected to wish to keep the other goods without the defective goods.

After withdrawing from the contract or part of it, the buyer returns the goods to the seller at the seller’s expense.

After withdrawal from the contract, the seller refunds the purchase price to the buyer no later than 14 days from the day the goods are returned to the seller or from the day the buyer proves that the goods were sent to the seller, whichever is earlier.

The seller refunds the purchase price or pays the discount on the purchase price in the same way the buyer used to pay the purchase price, unless the buyer expressly agrees to another method of payment. All costs associated with the payment are borne by the seller.

Article 9 — Handling of the complaint and refusal of liability

The seller informs the buyer of how the complaint was handled on a durable medium.

If the seller refuses liability for defects, the seller notifies the buyer of the reasons for refusal in writing.

If the buyer proves the seller’s liability for the defect by an expert opinion or a professional statement issued by an accredited person, the buyer may notify the defect again and the seller may not refuse liability for the defect. The period under Article 5 point 1 of this Complaints Policy does not apply to repeated notification of the defect.

Article 4 point 4 of this Complaints Policy applies to the buyer’s costs associated with an expert opinion or professional statement.

Article 10 — Final provisions

The buyer may submit a complaint or suggestion to the seller in the manner set out in Article XIV of the Terms and Conditions.

The supervisory authority is the Inspectorate of the Slovak Trade Inspection based in Bratislava for the Bratislava Region, Bajkalská 21/A, P. O. Box No. 5, 820 07 Bratislava, Slovakia, Supervision Department, e-mail: ba@soi.sk, phone: +421 2 58 27 21 72.

The alternative dispute resolution body is the Slovak Trade Inspection, Central Inspectorate, Department for International Relations and Alternative Consumer Dispute Resolution, Bajkalská 21/A, P. O. Box 29, 827 99 Bratislava 27, Slovakia, www.soi.sk, or another authorised legal entity entered in the list of alternative dispute resolution bodies maintained by the Ministry of Economy of the Slovak Republic (www.mhsr.sk). A buyer who is a consumer has the right to choose the alternative dispute resolution body.

This Complaints Policy takes effect on 1 September 2026.