Complaints procedure template
Law-firm template of a complaints policy · Laniková Group
Law in force as at
Reklamačný poriadok
- Článok I · Úvodné ustanovenia
- Článok II · Vymedzenie pojmov
- Článok III · Požiadavky na predanú vec
- Článok IV · Zodpovednosť za vady
- Článok V · Uplatnenie reklamácie
- Článok VI · Nároky z uplatnenej reklamácie
A complaints procedure describes how a defect is notified at the seller: what the buyer has to do, what remedies they have and within what time limits the seller settles the complaint.
An important change that most Slovak websites still get wrong: a separate complaints procedure is no longer a mandatory document. That duty fell away with the repeal of Act 250/2007 Coll. on 1 July 2024. What remains mandatory is the information on liability for defects and on how to notify them.
The document is still widely used and it is useful, because it sets the whole procedure out in one place. It is not, however, a statutory duty and nobody should sell it as one.
Since 27 September 2026 the main information on liability for defects in goods has to be given prominently, at least in the form of the harmonised notice under Commission Implementing Regulation (EU) 2025/1960, and there is a new duty to inform about the durability guarantee where the producer or importer gives one. Paragrafo's solicitor-drafted template does not yet contain these points.
Who needs this document
- Online shops that want the complaints procedure in one place
- Bricks-and-mortar premises selling to consumers
- Sellers who want to reduce confusion and disputes when handling complaints
What the document must contain
- Information on the seller's liability for defects
- The main information on liability for defects in goods in the form of the harmonised notice
- A clear distinction between statutory liability for defects and a durability guarantee, where the producer or importer gives one
- The procedure for notifying a defect and the ways in which it can be notified
- The buyer's remedies for a defect and the conditions under which they arise
- The time limit for settlement and how the buyer is informed
- Contact details for asserting a defect
- Details of the competent alternative dispute resolution body
Legal basis
Občiansky zákonník
Liability for defects and the procedure for notifying a defect are governed by § 619 to § 626, the producer's durability guarantee by § 626(2).
Zákon č. 108/2024 Z. z. o ochrane spotrebiteľa
§ 5(1) sets out the duty to inform about liability for defects; from 27 September 2026, in letter (f) at least in the form of the harmonised notice and in letter (g) also about the producer's durability guarantee.
Zákon č. 391/2015 Z. z. o alternatívnom riešení spotrebiteľských sporov
Most common mistakes
Claiming that a complaints procedure is mandatory
It is not. The duty fell away on 1 July 2024 together with Act 250/2007 Coll. What is mandatory is the information on liability for defects, not a document with this name.
Using the term “guarantee” instead of liability for defects
Statutory liability for defects and a voluntary guarantee given by the seller are two different things with different regimes. Confusing them in the document misleads the buyer and the seller alike. Since 27 September 2026, for a producer's durability guarantee the act expressly requires stating that the trader's statutory liability for defects continues alongside it.
Reference to the repealed Act 250/2007 Coll.
Older templates rest on it entirely. If the document cites this act, it is out of date no matter how good the rest of it looks.
Frequently asked questions
Is a complaints procedure mandatory?
No. The duty to have a separate complaints procedure fell away on 1 July 2024 with the repeal of Act 250/2007 Coll. What remains mandatory is the information on liability for defects under Act 108/2024 Coll. and the procedure under the Civil Code.
Is it still worth having one?
Yes. It sets the procedure out clearly in one place, reduces questions and disputes and makes the information duty easier to meet. It simply cannot be presented as a statutory duty.
What is the time limit for settling a complaint?
The time limits and the procedure for notifying a defect are governed by the Civil Code. Check the specific limit for your own case against the current wording, or ask the Paragrafo AI advice service, which cites the specific provisions.
Complaints procedure for your business
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