Complaints procedure

1.1 Legal Framework

This Complaints Policy governs the seller's liability for defects in goods as well as for defects in a service (for example, XRF material analysis) and the procedure for filing a complaint (notifying a defect). It is issued in accordance with the legal order of the Slovak Republic, in particular:

• Act No. 40/1964 Zb., the Civil Code, as amended (liability for defects in the sale of goods to a consumer — in particular § 615 to § 626)
• Act No. 108/2024 Z. z. on Consumer Protection
• Act No. 391/2015 Z. z. on the Alternative Resolution of Consumer Disputes
• Act No. 22/2004 Z. z. on Electronic Commerce, as amended

If you order a paid service from the seller (for example, XRF material analysis), this Complaints Policy applies accordingly (mutatis mutandis) also to defects in that service. Promptly after you notify a defect in the service, the seller will provide you with written confirmation of the notification of the defect in the service and of the period within which it will remedy the defect; this period may not be longer than 30 days from the day the defect in the service was notified (§ 4(1)(j) of Slovak Act No. 108/2024 Z. z.). A defect in the service is notified in the same manner as for goods (Article III).

If your habitual residence is in another European Union country, this Complaints Policy does not affect your rights under the mandatory (binding) provisions of that country, where they are more favourable to you (Article 6 of Regulation (EC) No 593/2008, "Rome I").

1.2 Seller

ETERNITY & SPARK, s.r.o.
Registered office: Marček 80, 013 32 Svederník, Slovak Republic
Registered in: District Court Žilina, Section: Sro, File Number: 56456/L
IČO (company ID no.): 46621903
DIČ (tax ID no.): 2023486212
IČ DPH (VAT ID no.): SK2023486212

Contact:
Email: info@nobamo.eu
Phone: +421 918 212 326
Working hours: Mon-Fri 8:00-16:00

1.3 Definitions

Consumer means a natural person who, when concluding a contract, does not act within the scope of their business activity or profession.

Entrepreneur means a person (natural or legal) who, when concluding a contract, acts within the scope of their business activity. For buyers who are not consumers, a special regime under the Slovak Commercial Code applies (Article VIII, point 8.4).

Complaint means exercising the seller's liability for a defect in goods. The law refers to this act as notification of a defect — in this Policy we use both terms with the same meaning.

1.4 Address for Filing Complaints

ETERNITY & SPARK, s.r.o.
Marček 80
013 32 Svederník
Slovak Republic

All methods of notifying a defect are set out in Article III.

2.1 How long we are liable for defects

The seller is liable for every defect that the goods have at the time of delivery and that becomes apparent during the period of liability for defects (§ 619 of the Slovak Civil Code) — including defects that were not visible upon receipt.

2.2 Commencement

The period of liability for defects runs from delivery of the goods to the buyer.

2.3 By when a defect must be notified

Notify us of the defect within two months of discovering it, at the latest by the expiry of the period of liability for defects. After these time limits expire, the rights arising from defects can no longer be exercised (§ 621 para. 3 of the Slovak Civil Code).

2.4 Presumption in favour of the consumer

If a defect becomes apparent at any time during the period of liability for defects, the goods are deemed to have been defective already at the time of delivery. This presumption applies unless the seller proves the contrary, or unless it is incompatible with the nature of the goods or of the defect (§ 620 para. 1 of the Slovak Civil Code). The burden of proof therefore lies with the seller — not with you.

2.5 Replacement goods after an exchange

If we remedy a defect by exchanging the goods, we are liable for defects of the replacement goods under § 619 of the Slovak Civil Code (as provided by § 623 of the Civil Code).

2.6 Proof of purchase and consumer guarantee

To exercise the statutory rights arising from liability for defects, a proof of purchase (invoice, order confirmation) is sufficient — no separate warranty certificate is issued for statutory liability for defects. If the seller or manufacturer provides, beyond what the law requires, a voluntary consumer guarantee (for example a longer period or a wider scope), its terms are set out in the warranty certificate, which you will receive on a durable medium at the latest upon delivery of the goods (§ 626 of the Slovak Civil Code). The statutory rights arising from liability for defects are not affected thereby.

3.1 How and Where to Notify a Defect

You may notify a defect by any of the following means (§ 622 of the Slovak Civil Code):

• By online form: complaint form (recommended — fastest processing and immediate confirmation)
• By email: info@nobamo.eu
• By post: ETERNITY & SPARK, s.r.o.
  Marček 80
  013 32 Svederník
  Slovak Republic
• By telephone: +421 918 212 326 (we recommend that you subsequently confirm this also in writing or by email, so that the content of the notification is unambiguous)

If you notify a defect by a postal consignment which the seller refuses to accept, the consignment is deemed delivered on the day of the refusal (§ 622 para. 2 of the Slovak Civil Code). If, before the conclusion of the contract or before the order was placed, we informed you that a defect may also be notified to another designated person, you may notify the defect to that person as well; an act or omission of that person is deemed an act or omission of the seller (§ 622 paras. 1 and 5 of the Slovak Civil Code). We recommend the above means as the fastest; your statutory options are not thereby limited — a defect may also be notified at any establishment of the seller, if the seller has one (§ 622 para. 1 of the Slovak Civil Code).

3.2 What You Need for a Complaint

• Proof of purchase or the order number (the purchase may also be proven by other means, for example a bank account statement)
• A detailed description of the defect and of how it manifests itself
• Photographs of the defect (recommended — these often speed up the handling of the complaint without the need to send in the goods)

You do not have to send in the goods themselves already when notifying the defect — for the purposes of repair or replacement you will hand over or make the goods available to us, and the costs of taking over the goods are borne by the seller (§ 623 of the Slovak Civil Code). We will agree on the method of dispatch in the confirmation of the notification of the defect.

3.3 Confirmation of the Notification of a Defect

Without undue delay after the defect has been notified, we will provide you with a written confirmation of the notification of the defect (as a rule by email). In the confirmation we will state the period within which we will remedy the defect — this may not be longer than 30 days from the day the defect was notified, unless a longer period is justified by an objective reason which we cannot influence (§ 622 para. 3 of the Slovak Civil Code).

3.4 Period for Remedying the Defect

A longer period is possible only where it is justified by an objective reason which the seller cannot influence; the existence of such a reason must be proven by the seller (§ 623 para. 3 of the Slovak Civil Code; for contracts concluded on or after 31 July 2026 this is § 623 para. 4). We will inform you of any such reason and of the new period.

If we do not remedy the defect within this period, you have the right to a reasonable discount from the purchase price or the right to withdraw from the contract (Article IV, point 4.3).

3.5 Sending the Goods and Costs

The costs of taking over the goods for the purposes of repair or replacement are borne by the seller, and we will deliver the repaired or replacement goods at our own expense (§ 623 of the Slovak Civil Code). You are also entitled to reimbursement of the reasonably incurred costs which arose in connection with notifying a defect for which we are responsible (for example postage) — claim it no later than within two months pursuant to § 509 of the Slovak Civil Code (Article VI, point 6.4).

3.6 Outcome of the Complaint

We will inform you of the resolution of the complaint in writing (as a rule by email). If we reject responsibility for the defect, we will notify you of the reasons for the rejection in writing (§ 622 para. 4 of the Slovak Civil Code) — your further course of action is described in Article VI.

4.1 Overview — two tiers of remedies

If the seller is liable for the defect, you have the following rights under § 621 of the Slovak Civil Code:

1. First tier: removal of the defect by repair or replacement of the goods (§ 623)
2. Second tier: a reasonable discount from the purchase price or withdrawal from the contract (refund) — under the conditions set out in point 4.3 (§ 624)

4.2 Repair or replacement — your choice

• You may choose between repair and replacement of the goods (§ 623(1) of the Slovak Civil Code).
• You may not choose a method that is not possible, or that would, in comparison with the other method, cause the seller disproportionate costs — account is taken in particular of the value the goods would have without the defect, the seriousness of the defect, and whether the other method would not cause you significant difficulties.
• The seller may refuse to remove the defect only if neither repair nor replacement is possible or if they would require disproportionate costs (§ 623(2); for contracts concluded on or after 31 July 2026, subsection (3)). We will give you written reasons for the refusal (Article VI.); in such a case you have directly the rights under point 4.3.
• We will carry out the repair or replacement free of charge, at our own expense, without causing serious difficulties, and no later than 30 days from the day the defect was notified (Article III., point 3.4).
• In the case of replacement of the goods, the seller has no right to compensation for ordinary wear and tear of the goods, nor to any payment for their use before the replacement (§ 623 of the Slovak Civil Code).

4.3 Price discount or withdrawal from the contract

You have the right to a reasonable discount from the purchase price or the right to withdraw from the contract if (§ 624(1) of the Slovak Civil Code):

• a) the seller has not repaired or replaced the goods,
• b) the seller has not repaired or replaced the goods in accordance with the law (in particular, has not taken back the goods at its own expense, or has not arranged for the uninstallation and installation where this was necessary),
• c) the seller has refused to remove the defect (point 4.2),
• d) the goods have the same defect despite repair or replacement,
• e) the defect is of such a serious nature that it justifies an immediate discount or withdrawal from the contract, or
• f) the seller has declared, or it is clear from the circumstances, that it will not remove the defect within a reasonable time or without causing you serious difficulties.

The discount from the purchase price must be proportionate to the difference between the value of the goods sold and the value the goods would have without defects (§ 624(3)). You may not withdraw from the contract if the defect is negligible or if you contributed to the occurrence of the defect — both facts must be proven by the seller (§ 624(4)). If you have purchased several items of goods, you may withdraw only in respect of the defective goods; you may withdraw from the rest of the contract only if it cannot reasonably be expected that you would keep the remaining goods without the defective ones (§ 624(5)).

4.4 Refund after withdrawal from the contract

• After withdrawal, you will return the goods to us at the seller's expense (§ 624(6)).
• We will refund the purchase price no later than within 14 days from the day the goods are returned or from the day you demonstrate that you have sent the goods to us — whichever occurs first (§ 624(7)).
• We will refund the money using the same method by which you paid, unless you expressly agree to a different method; the costs of the refund are borne by the seller (§ 624(8)). We will pay any discount from the purchase price in the same manner. In the case of payment by cash on delivery, we will, with your consent, refund the money by bank transfer to the account you provide to us.

4.5 Methods of handling a complaint

A complaint may be handled by:

1. handing over the repaired goods,
2. replacement of the goods,
3. payment of a reasonable discount from the purchase price,
4. refund of the purchase price (following withdrawal from the contract), or
5. a reasoned written rejection (Article VI.).

4.6 Failure to collect the goods after the complaint has been handled

If you do not collect the repaired or replacement goods within six months from the day on which you should have collected them, the seller may sell them; in the case of goods of higher value, we will notify you in advance and provide an additional period. We will pay you the proceeds of the sale after deducting reasonably incurred costs, provided you request them within the reasonable period stated in the notice (§ 623(5) of the Slovak Civil Code; for contracts concluded on or after 31 July 2026, subsection (8)).

5.1 What we are liable for

The Seller is liable for defects that the goods have at the time of delivery — that is, where the goods do not conform to the agreed requirements (description, type, quantity, quality, purpose, accessories) or to the general requirements (the properties, functionality and durability usual for the same type of goods, which you can reasonably expect) — § 615 to § 619 of the Slovak Civil Code.

5.2 What we are not liable for

Conversely, a condition that arose only after delivery from causes on the buyer's side or from external influences is not a defect in the goods, in particular:

• normal wear and tear corresponding to the nature of the goods and to the length and intensity of use,
• mechanical damage (fall, impact, breakage, scratching) after delivery,
• improper use contrary to the manual or the intended purpose of the goods,
• unprofessional intervention, modification or repair carried out by a person other than the Seller or a person authorised by the Seller,
• a natural event (water, fire, lightning),
• use of unsuitable accessories or consumables,
• failure to comply with the storage and maintenance conditions,
• contact with chemicals or water where the goods are not intended for such contact (e.g. they are not waterproof).

5.3 Characteristics you were made aware of

The Seller is not liable for a deviation from the general requirements for the goods if, when concluding the contract, the Seller expressly informed you that a particular characteristic of the goods does not conform to the general requirements, and you expressly and separately agreed to that deviation (§ 615 para. 2 of the Slovak Civil Code) — for example, clearly described cosmetic defects of discounted goods.

5.4 Used goods

In the case of used goods sold, wear that arose from their previous use and that can be reasonably expected given the extent of that use is not considered a defect (§ 618 para. 2 of the Slovak Civil Code).

5.5 Uninstalled update (goods with digital elements)

In the case of goods with digital elements, we are not liable for a defect caused solely by your failure to install a supplied update within a reasonable period, provided that we had alerted you to its availability and to the consequences of not installing it, and at the same time the failure to install or the incorrect installation of the update was not caused by shortcomings in the installation instructions we provided to you (§ 619 of the Slovak Civil Code).

5.6 Other cases

• expiry of the period of liability for defects, or failure to notify a defect within the time limit (Article II, point 2.3).

Proof of purchase: we cannot handle a complaint on its merits if it cannot be proven that you purchased the goods from the Seller. This is not an exclusion of liability for defects — it is a question of proving with whom the contract was concluded. Purchase may be proven by any suitable means: an invoice, an order confirmation or, for example, a bank account statement is sufficient.

Please note: even in these cases the Seller may not reject a complaint arbitrarily — if a defect manifests within the period of liability for defects, the presumption under Article II, point 2.4 applies, and any rejection must be justified in writing (Article VI).

6.1 The Burden of Proof Lies with the Seller

If a defect becomes apparent at any time during the period of liability for defects, it is presumed that the goods were already defective upon delivery, and the seller must prove otherwise (§ 620 para. 1 of the Slovak Civil Code; Article II, point 2.4). We cannot require you to prove that the defect existed upon delivery.

6.2 Rejection of the Complaint

If the seller declines liability for a defect, it will notify you in writing of the reasons for the rejection (§ 622 para. 4 of the Slovak Civil Code). A mere assertion that the defect arose, for example, from improper use is not sufficient to reject the complaint — the rejection must be reasoned.

6.3 How You Can Defend Yourself — an Expert Opinion or a Professional Assessment

If you disagree with the rejection, you may prove the seller's liability for the defect by means of an expert opinion or a professional assessment issued by an accredited person. In such a case (§ 622 para. 4 of the Slovak Civil Code):

• you may notify the defect again — the time limits for notifying a defect under Article II, point 2.3 do not apply to a repeated notification (§ 622 para. 4 in conjunction with § 621 para. 3 of the Slovak Civil Code),
• the seller may not reject a defect that has been notified again.

6.4 Reimbursement of Costs

You are entitled to reimbursement of the reasonably incurred costs that you incurred in connection with notifying a defect for which the seller is liable and with exercising the rights arising from it — including the costs of an expert opinion or professional assessment under point 6.3 and postage (§ 509 paras. 1 and 2 of the Slovak Civil Code, to which § 622 para. 4 refers). You must exercise this right with the seller no later than two months from the delivery of the repaired or replacement goods, the payment of a discount, or the refund of the purchase price; otherwise it lapses.

6.5 If You Disagree with How the Complaint Was Handled

If you are not satisfied with the way your complaint was handled, you may submit a request for remedy to the seller and subsequently make use of alternative dispute resolution — the procedure and the entities are set out in Article VII.

7.1 Contact for complaints

Address for sending complaints:
ETERNITY & SPARK, s.r.o.
Marček 80
013 32 Svederník
Slovak Republic

Email: info@nobamo.eu
Phone: +421 918 212 326
Working hours: Mon-Fri 8:00-16:00
Online form: complaint form

7.2 Supervisory authority

Supervision over the seller's compliance with its obligations is carried out by:

Slovak Trade Inspection (SOI)
SOI Inspectorate for Žilina Region
Predmestská 71, P.O. Box B-89
011 79 Žilina 1
Tel.: 041/763 21 30
Email: za@soi.sk

7.3 Request for remedy and alternative dispute resolution (ADR)

If you are not satisfied with the way the seller handled your complaint, or if you believe the seller has violated your rights, you have the right to contact the seller with a request for remedy (§ 11 of Slovak Act No. 391/2015 Z. z.) — preferably by email to info@nobamo.eu.

If the seller responds to the request for remedy negatively or fails to respond within 30 days from the day it was sent, you have the right to submit a proposal to initiate alternative dispute resolution to an alternative dispute resolution entity. If we respond negatively, we will at the same time inform you of the competent alternative dispute resolution entities.

The alternative dispute resolution entity is:

• The Slovak Trade Inspection (Slovenská obchodná inšpekcia) (procedure and form: www.soi.sk), or
• another authorised legal entity entered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (list at www.mhsr.sk).

The EU platform for online dispute resolution (ODR/RSO) was terminated by EU decision and is no longer available. Therefore, submit your alternative dispute resolution proposal directly to an entity under this article. The option to bring the matter before a court is not affected by this.

8.1 Part of the Terms and Conditions

This Complaints Policy forms an integral part of the seller's General Terms and Conditions. The processing of personal data is governed by the seller's separate Privacy Policy.

8.2 Document Version, Validity and Effectiveness

This Complaints Policy (version 2.3) is valid and effective as of 01.10.2026.

The relationship between the buyer and the seller is always governed by the Complaints Policy valid and effective at the time of conclusion of the purchase contract, until the termination of the contract. The seller archives earlier versions of the Complaints Policy; upon request we will send you by e-mail (info@nobamo.eu) the wording that was valid at the time your contract was concluded.

8.3 Transitional Rule on the Change of Law from 31 July 2026

The rights and obligations arising from contracts concluded before 31 July 2026 are assessed under the Slovak Civil Code in the wording effective until 30 July 2026 (§ 879aa of the Civil Code). The parts of this Policy marked with the box "For contracts concluded from 31 July 2026" therefore do not apply to contracts concluded earlier; the remaining parts apply to all contracts.

8.4 Buyer Who Is Not a Consumer

The legal relationships arising from liability for defects between the seller and a buyer who is not a consumer (a purchase made under a business registration number) are governed by Slovak Act No. 513/1991 Zb., the Commercial Code, as amended. To a buyer who is not a consumer we hereby provide a contractual quality guarantee for the goods lasting 12 months from delivery of the goods (§ 429 and § 430 of the Slovak Commercial Code); the guarantee period does not run during the period for which the buyer cannot use the goods on account of defects for which we are liable. The other articles of this Policy apply to a buyer who is not a consumer correspondingly only to the extent that they do not conflict with the Slovak Commercial Code and this article; provisions granting rights exclusively to a consumer do not apply to such a buyer.