Tato stránka vyžaduje spustený JavaScript. This website requires JavaScript.
Log in
COMPLAINTS PROCEDURE
On these pages, we would like to acquaint you with the complaints procedure issued in accordance with the relevant provisions of applicable legal regulations, in particular Act No. 40/1964 Coll., the Civil Code, as amended, and Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts, which governs the conditions for filing a complaint regarding the leased item of the Cashtec Upgrade service within the website www.cashtec.sk
  1. INTERPRETATION OF BASIC TERMS
    1. Lessee means a natural person, a natural person – entrepreneur (a natural person acting within the scope of their business activity or within the independent exercise of their profession), or a legal entity that has concluded the Agreement and that files a complaint under this complaints procedure.
    2. Supplier means MOBIL POHOTOVOST GSM s.r.o., with its registered office at Spálená 101/37, 110 00, Prague 1, Company ID No.: 25770471, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 68662.
    3. Lessor means Home Credit a.s., with its registered office at Nové Sady 996/25, 602 00 Brno, Company ID No.: 26978636, registered in the Commercial Register maintained by the Regional Court in Brno, Section B, Insert 4401.
    4. Leased Item means goods used by the Lessee on the basis of the Agreement that are the subject of the complaint.
    5. Agreement means the lease agreement for the Leased Item concluded between the Lessee and the Lessor.
  2. GENERAL PROVISIONS
    1. The complaints procedure forms an integral part of the Supplier’s Terms and Conditions for the Cashtec Upgrade service (hereinafter referred to as the “Cashtec Upgrade Terms and Conditions”). This Complaints Procedure governs the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the Agreement.
    2. Definitions of terms contained in this Complaints Procedure take precedence over definitions of terms in the Terms and Conditions . If this Complaints Procedure does not define a term, the definition of the term set out in the Cashtec Upgrade Terms and Conditions shall apply. Terms not specified in this Complaints Procedure or the Cashtec Upgrade Terms and Conditions shall be interpreted in accordance with the applicable legal regulations of the Slovak Republic.
    3. The Slovak Trade Inspection (SOI), Central Inspectorate, Department for International Relations and Alternative Dispute Resolution, Bajkalská 21/A, P.O. Box 29, 827 99 Bratislava 27, website: https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi, is competent for out-of-court settlement of consumer disputes arising from the Delivery and servicing of the leased item. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used for resolving disputes between the Lessee and the Supplier.
    4. The European Consumer Centre in the Slovak Republic, with its registered office at Mlynské nivy 44/a, 827 15 Bratislava, website: http://www.esc-sr.sk is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
  3. SCOPE OF LIABILITY
    1. The Lessor is liable for defects of the Leased Item that occur throughout the entire term of the Agreement, except in cases where the defect is the result of culpable damage and/or the Lessee fails to fulfil their obligations under the Agreement (e.g. is in default with payment of rent). Culpable damage means that the Leased Item shows a defect caused by the Lessee (intentionally or through negligence), or is causally related to such conduct of the Lessee.
    2. If the Leased Item is a movable item connected with digital content or a digital service in such a way that it could not perform its functions without them (hereinafter referred to as the “Leased Item with digital elements”), the provisions concerning the Lessor’s liability for defects shall also apply to the provision of digital content or a digital service, even if they are provided by a third party. This does not apply if it is apparent from the content of the Agreement and the nature of the item that they are provided separately.
    3. The Lessor is liable to the Lessee for the fact that the Leased Item has no defects upon receipt. In particular, the Lessor is liable to the Lessee for the fact that the Leased Item:
      • corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
      • is suitable for the purpose for which the Lessee requires it and with which the Lessor agreed, and
      • is delivered with accessories that are commonly supplied by the manufacturer with the given Leased Item and with instructions for use, including assembly or installation instructions.
    4. The Lessor is liable to the Lessee for the fact that, in addition to the agreed characteristics:
      • the Leased Item is suitable for the purpose for which an item of this type is usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given sector, if there are no technical standards,
      • the Leased Item, by its quantity, quality and other characteristics, including durability, functionality, compatibility and safety, corresponds to the usual characteristics of items of the same kind that the Lessee may reasonably expect, also with regard to public statements made by the Lessor, the Supplier or another person in the same contractual chain, especially through advertising or labelling, unless the Lessor proves that they were not aware of them or that they had been adjusted at the time the Agreement was concluded in at least a comparable manner to how they were made, or that they could not have influenced the decision to lease,
      • the Leased Item is delivered with accessories, including retail packaging, assembly instructions and other instructions for use, which the Lessee may reasonably expect, and
      • the Leased Item corresponds in quality or workmanship to the sample or model provided to the Lessee by the Lessor or the Supplier before the conclusion of the Agreement.
    5. The provision set out in Article 3(4) shall not apply if the Lessor or the Supplier specifically informed the Lessee before the conclusion of the Agreement that certain characteristics of the Leased Item differ and the Lessee expressly agreed to this when concluding the Agreement.
    6. In the case of a Leased Item with digital elements, the Lessor, through the Supplier, shall ensure that the Lessee is provided with the agreed updates to digital content or the digital service. In addition to the agreed updates, the Lessor, through the Supplier, shall ensure that the Lessee is provided with updates necessary for the Leased Item to retain, after receipt, the characteristics under Article 3(3) and 3(4), and that the Lessee is informed of their availability throughout the duration of the Agreement.
    7. The provision of the preceding article shall not apply if the Lessor, through the Supplier, specifically informed the Lessee before the conclusion of the Agreement that updates would not be provided and the Lessee expressly agreed to this when concluding the Agreement.
    8. If the Lessee fails to carry out an update within a reasonable period, the Lessor shall not be liable for a defect arising solely as a result of the update not having been carried out. This does not apply if the Lessee was not informed about the update or about the consequences of not carrying it out, or if the Lessee failed to carry out the update or carried it out incorrectly due to a deficiency in the instructions.
  4. FILING A COMPLAINT
    1. The Lessee is obliged to file a complaint regarding the Leased Item in the event of its non-culpable damage. Non-culpable damage means that the Leased Item shows a defect that was not caused by the Lessee (intentionally or through negligence), nor is it causally related to such conduct of the Lessee.
    2. The complaint is filed by the Lessee:
      • electronically via a form available after logging into the user account on the website www.cashtec.eu/sk/upgrade or
      • in person at any Supplier store.
    3. The Lessee undertakes to hand over the complained-about Leased Item to the Supplier within fourteen (14) days from the date the complaint is filed, while the moment of handing over the Leased Item shall also be deemed to be the moment of its dispatch by carrier service to the address: MOBIL POHOTOVOST GSM s.r.o., Nádražní 115, 150 00 Prague 5.
    4. The method of handing over the complained-about Leased Item shall be chosen by the Lessee when filing the complaint electronically at the moment of completing the form. If the complaint is filed in person at any Supplier store, only handover of the item at the moment of filing the complaint is possible.
    5. In the event of an electronic complaint, or if it is not possible to process the complaint on the spot because an expert assessment is required, the Lessee may, in accordance with the Lessor’s instructions, be provided by the Supplier with a loan replacement device for the duration of the complaint resolution.
    6. A loan replacement device shall not be provided to the Lessee by the Supplier where it is apparent from the Supplier’s initial assessment that the damage to the Leased Item is clearly culpable on the part of the Lessee, i.e. does not meet the conditions of non-culpable damage set out in paragraph 1 of this article, or any exclusion under Article 5 of this Complaints Procedure applies.
    7. The provided loan replacement device does not have to be in the condition of a new item; the loan replacement device may therefore in particular show aesthetic defects in the form of scratches and scuffs, but not defects preventing normal use of the item for the purpose for which the item is intended. The loan replacement device does not have to match the model designation and year of manufacture of the Leased Item, but it shall be of the same or a similar model class. The loan replacement device shall also always be from the same manufacturer as the Leased Item.
    8. The loan replacement device shall remain the property of the Supplier throughout the entire period, and after notification of the complaint result, the Lessee is obliged to return the replacement device to the Supplier without undue delay.
    9. In the event of a complaint, neither the Lessor nor the Supplier bears responsibility for the content and data stored in the Leased Item and also bears no responsibility for the loss, damage or misuse of data. In the event of a complaint, the Supplier does not perform data backup or data recovery. The Lessee is advised to carry out regular systematic backups of data to another storage medium.
  5. EXCLUSIONS
    1. Non-culpable damage under Article 4(1) of this Complaints Procedure does not exist where the complained defect or damage was caused by the Lessee (intentionally or through negligence) or is causally related to such conduct. It is also not possible to complain about defects and damage for which a lower monthly rent installment was agreed and further, though not exclusively, in cases where the defect or damage to the Leased Item arose:
      • through mechanical damage to the Leased Item,
      • through demonstrably unauthorized interference with the Leased Item,
      • through electrical overvoltage (visibly burnt components or printed circuit boards), except for normal deviations,
      • through demonstrably improper use of the Leased Item,
      • through use of the Leased Item contrary to the instructions for use or the instructions stated on the packaging or in the warranty certificate,
      • through use of the Leased Item contrary to generally known rules of use,
      • through demonstrable use of the Leased Item in an environment whose temperature, dustiness, humidity, chemical or mechanical influences do not correspond to the conditions specified by the manufacturer or to the nature of the Leased Item,
      • through demonstrably unprofessional installation and operation of the Leased Item,
      • if the defect manifests itself only in the software of the Leased Item and the Lessee is unable to prove a lawful manner of acquisition, or through the use of unauthorized software and consumable materials,
      • through damage to the Leased Item or any part thereof by a computer virus, etc.,
      • through ordinary wear and tear of the Leased Item caused by its ordinary use.
  6. COMPLAINT RESOLUTION
    1. The Supplier shall decide on the complaint immediately, and in complex cases within three (3) working days. This period does not include the time reasonably necessary, according to the Leased Item, for an expert assessment of the defect.
    2. The complaint shall be resolved without undue delay, no later than within 30 calendar days from the date of filing the complaint, unless the Supplier and the Lessee agree otherwise in writing. After the expiry of this period, the Lessee has the same rights as if the complaint had been accepted and the Leased Item had been assessed as irreparable.
    3. The Supplier shall resolve the complaint either by accepting it or by rejecting it.
    4. If the complaint regarding the Leased Item is accepted and the Leased Item is assessed as repairable, the Leased Item shall be repaired.
    5. If the complaint regarding the Leased Item is accepted and the Leased Item is assessed as irreparable or repairable at costs exceeding the price of acquiring a similar item, the Agreement shall be terminated early in accordance with the Agreement.
    6. If the complaint regarding the Leased Item is not accepted, the Supplier shall send the Lessee a price quotation for repair of the Leased Item at the Lessee’s expense. The Supplier shall notify the Lessee of the repair estimate at the same time as the notification of rejection of the complaint.
    7. If the Lessee agrees to the price quotation for repair of the Leased Item, the Leased Item shall be repaired no later than within 30 calendar days from the date the price quotation is paid after receipt of payment from the Lessee.
    8. If the Lessee does not agree to the price quotation for repair of the Leased Item, the Leased Item shall be returned to the Lessee in the condition in which it was accepted for complaint by the Supplier.
  7. RETURN OF THE LEASED ITEM TO THE LESSEE
    1. The Supplier shall inform the Lessee of the complaint resolution by SMS, e-mail or telephone. The Lessee undertakes to take over the Leased Item without undue delay, no later than within 30 days from the date of complaint resolution. If the complaint was filed electronically by the Lessee, the Leased Item shall be sent by the Supplier to the Lessee in the manner chosen by the Lessee when completing the electronic form.
    2. In the case of personal collection of the Leased Item, the Lessee is obliged to present the complaint report, or must prove their identity.
    3. Upon receipt of the Leased Item, the Lessee is obliged to inspect the condition of the Leased Item and the conformity of the Leased Item with the confirmation of complaint resolution. If the Leased Item does not meet the Lessee’s requirements or the confirmation of complaint resolution, the Lessee undertakes to inform the Supplier without undue delay.
    4. If the Lessee fails to fulfil the obligations under the preceding paragraph, the Supplier shall not be obliged to take into account any further objections raised by the Lessee.
  8. FINAL PROVISIONS
    1. If any provision of the complaints procedure is invalid or ineffective, or becomes so, such invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the complaints procedure must be made in writing.
    2. This complaints procedure becomes valid and effective on 11 March 2026 and applies within the territory of the Slovak Republic.