COMPLAINTS PROCEDURE

for remote purchase contracts

Download attachment: RETURN FORM

 

Trade name:

Mgr. Katarína Žiaková

Place of business:

977 01 Bystrá 140

ID:

50 533 169

Incorporation:

Trades register of  Brezno County Authority
Trades register number: 630-16245

TRN:

1122490215

Bank details:

UniCredit Bank Czech Republic and Slovakia, a.s.

Bank account number:

1392472000/1111

IBAN:

SK4711110000001392472000

SWIFT (BIC):

UNCRSKBX

 

(hereinafter also as „Mgr. Katarína Žiaková“)

Article I.

General Provisions

  1. The natural person - businesswoman: Mgr. Katarína Žiaková, place of business: 97 701 Bystrá 140, ID: 50 533 169, registration: Trades Register of the Brezno County Authority, Trades Register number: 630-16245 herewith issues the following Complaints Procedure containing information for the Buyer (consumer) about the scope, terms and conditions for, and the method of the application of the rights out of defective product liability, of repairs made under warranty, including information about where to lodge a complaint.
  2. Entering into a purchase contract with Mgr. Katarína Žiaková acting as the seller, Buyer agrees to all terms and conditions laid down in this Complaints Procedure, gives consent thereto, and agrees to be bound by the same. This Complaints Procedure is also referenced to in the General Terms and Conditions or in the document acknowledging payment of the purchase price, or in the document acknowledging the warranty period applicable to the product (warranty card).
  3. This Complaints Procedure lays down Buyer's rights out of liability for defects in the product delivered. The provisions of this Complaints Procedure shall prevail over dispositive provisions of legal regulations. Upon expiry of the warranty period regulated under the mandatory provisions of legal regulations, the terms and conditions laid down in this Complaints Procedure shall prevail over such provisions of legal regulations.
  4. The terms and conditions applicable to the warranty and complaints shall be governed by the purchase contract, the General Terms and Conditions, this Complaints Procedure, Product user manual, and the warranty card. Any divergent provisions under the purchase contract, warranty card, or user manual shall prevail over the provisions of this Complaints Procedure.

Article II.

Definitions

 

  1. For the purposes hereof, the following words and expressions shall have the following meaning:
    • Natural person - businesswoman: Mgr. Katarína Žiaková, place of business: 97 701 Bystrá 140, ID: 50 533 169, registration: Trades Register of the Brezno County Authority, Trades Register number: 630-16245, TRN: 1122490215;
    • Buyer – natural person or legal entity which entered into a purchase contract by way of e-shop and bought a product from Mgr. Katarína Žiaková based on such purchase contract within her sales network, and which may raise claims out of the warranty granted;
    • Product – item representing the object of complaint purchased in the sales network of Mgr. Katarína Žiaková;
    • Accessories – equipment and the component parts thereof constituting a withdrawable part of the Product and/or serving in support of the functionality and as extension of the functionality of the Product;
    • Authorised Service CentreMgr. Katarína Žiaková carrying out repairs and service of the Products;
    • Complaint  - enforcement of liability for defects in the Product;
    • Complaint Resolution – resolution of the complaint procedure through handover of a fixed Product, Product replacement, refund of the Product purchase price, payment of a reasonable Product price discount, written notice requesting takeover, or justified rejection of the complaint;
    • Sales Network of Mgr. Katarína Žiaková:
      • commercial premises of Mgr. Katarína Žiaková;
      • alternative sale operated by Mgr. Katarína Žiaková (sale over the Internet, sale at the customer's permanent address/registered office).

 

Article III.

Terms and Conditions for Complaints

  1. Object of Complaint:
    1. The object of the complaints procedure between Buyer and Mgr. Katarína Žiaková may include::
      • any Product and/or the Accessories thereof acquired by the Buyer from Mgr. Katarína Žiaková, within her sales network;
      • service work carried out in the Authorised Service Centre or in a professional service centre.
  2. Warranty Document:
    1. A warranty document has to be submitted along with the complaint. A warranty document bearing the signs of unauthorised rewriting, alterations, or an incomplete warranty card shall be deemed invalid. If the Buyer fails to submit the warranty document to the Seller, Seller shall not be obligated to accept the Product under the complaints procedure.
    2. Warranty document means:
      • warranty card issued by Mgr. Katarína Žiaková for the Buyer at Product delivery or service provision. A valid warranty card means a fully populated original copy of the warranty card form with a stamp and signature of the competent worker of Mgr. Katarína Žiaková, and the date of sale. Each repair of the Product carried out in the warranty period by Mgr. Katarína Žiaková put down in the form of a repair entry in the warranty card, or;
      • cash receipt; or
      • invoice with the delivery note.
  3. Warranty Period:
    1. Warranty period means the period in which free service and repair of the Product may be carried out based on the terms and conditions laid down in this Complaint Procedure in the event of defects covered by the warranty under these complaint terms and conditions.
    2. Warranty period starts on the date of acceptance of the Product and the warranty document by the Buyer.

    3. Warranty period shall be suspended for the duration of Buyer's inability to use the Product owing to defects falling under Seller's responsibility, and shall be renewed on the date of Seller's notice inviting the Buyer to takeover the repaired Product.
    4. Unless the warranty document provides otherwise, the warranty period shall lapse after:
      • 24 (twenty four) months if applicable to a Product, Accessories and components thereto;
      • 3 (three) months if applicable to the work carried out by Authorised Service Centre;
      • 6 (six) months if applicable to the work carried out by a professional service centre.
  4. Warranty scope:
    1. Seller shall only be liable for the defects in the Product which existed at the moment of its acceptance by the Buyer. Obvious defects, particularly mechanical damage to the Product or Product incompleteness, must be advised by the Buyer to Mgr. Katarína Žiaková no later than in the period under 5.2 of this Article. As regards used items, Seller shall not be liable for defects which occurred in the use or wear thereof. As regards items sold at a lower price, Seller shall not be liable for the defect owing to which the parties agreed on a lower price. Seller shall be held liable for defects which occur after acceptance of the item in the warranty period (warranty).
    2. Mgr. Katarína Žiaková grants warranty covering quality, current quality, and operability of the Products sold. In order to abide by the warranty terms and conditions, Buyer is requested to act so as to avoid damage to the Product, handle the Product in a gentle manner, and use the same under the conditions which shall not bring about temporary or permanent quality changes to the external or internal parts of the Product.
    3. Besides the terms and conditions laid down in this Article, the warranty covering jewellery and paintings is also subject to the terms and conditions laid down in Articles V and VI hereof.
    4. The warranty does not apply to:
      • defects caused by inappropriate and/or incorrect use of the Product or its use in conflict with the manual or nature of the Product, excessive load, and/or incorrect or inappropriate cleaning;
      • defects caused by unprofessional assembly or other unauthorised, inconsiderate, or inappropriate handling (inconsiderate, negligent use, transfer, or storing of the Product);
      • alterations, repairs, exchanges of Product parts, or other actions on the Product made by a person other than the Authorised Service Centre or professional service centre;
      • mechanical damage to the Product;
      • storage or use of the Product outside the defined temperature range specified in the user manual;
      • storage or use of the Product in an inappropriate environment taking into consideration the nature of the Product;
      • exposure of the Product to adverse weather conditions (snow, rain, sun, etc.), unless designed by the manufacturer for the use in such environment;
      • defects in the Product which are demonstration of Product's normal wear or damage;
      • Products with removed or damaged serial number, label, etc.
      • damages caused by natural disasters;
      • damages caused by Product's attaching to non-genuine accessories.
    5. Mgr. Katarína Žiaková shal not bie held liable for:

       

      • insufficient quality caused by non-standard production, assembly, or alteration based on requirements of the Buyer which has not been recommended by the Seller or professional service centre;

         

      • consequences caused by the requested (by the Buyer) non-standard alteration of the Product for extension or change of Product's intended purpose;

         

      • quality caused by non-standard complements intended to "improve the appearance" (cover colour shades) or other non-genuine accessories.

Note: The above examples do not constitute an exhaustive list of all events which may cause violation of the warranty terms and conditions. If the defect complained about is proved to have been caused by the Buyer owing to damage to the Product, its incorrect use, inappropriate handling, or other violation of the warranty terms and conditions, and Buyer lodged a complaint although the Buyer was, or could have been, aware of such event, Mgr. Katarína Žiaková may require Buyer to reimburse the damages incurred by Mgr. Katarína Žiaková thereby.

5.  Defects claims:

  1. In his/her complaint, Buyer is requested to provide sufficient specification of the Product defects complained about and state how the defects are manifested.
  2. Buyer is requested to check the shipment at the time of Product acceptance for damages and completeness. If the shipment packaging is damaged, Buyer is also requested to forthwith check the Product for damages. If the packaging and Product show obvious damages, Buyer is recommended not to accept the shipment whereas warranty does not apply to damages in transport. If the shipment containing the Product is proved not to be damaged after visual inspection, Buyer is requested to check, the Product, or have the Product checked, no later than in 24 hours from acceptance of the Product.
  3. The right out of liability for defects exercised by the Buyer is only justified if the defect complained about which constitutes the cause for exercising such right:

     

    1. is a real defect;
    2. appears on the Product purchased in the warranty period;
    3. is a defect falling under the responsibility of Mgr. Katarína Žiaková;
    4. Buyer has lodged the complaint with the Seller without any undue delay after the Buyer discovered the defects, or should have discovered them if the Buyer used professional care, during inspection the Buyer is required to conduct at acceptance of the Product.
  4. If the defect is removable, Buyer shall be entitled to have it removed free of charge, in time and in a proper manner. Seller is required to remove the defect without any undue delay. The expression of "timely" removal of defect should be construed depending on the circumstances of each individual case taking into consideration the nature of defective Product and the scope of work required to remove the defect.
  5. In lieu of defect removal, Seller may at all times replace the defective Product with a Product free of defects or, where the defect only applies to a component of the Product, replace the component, unless it causes serious inconvenience to the Buyer.
  6. Buyer shall be entitled to the Product replacement or to withdrawal from the contract where the defect:
    • cannot be removed (it is objectively impossible to remove the manifestations of the Product defect) and which prevents proper use of the Product as a product free of defects;
    • can be removed, but the Buyer is unable to properly use the Product owing to repeated occurrence of the defect after repair or owing to greater number of defects (repeated occurrence of defect after repair means the occurrence of the same defect after at least two previous repairs of such defect; greater number of defects means the concurrence of at least three defects in the Product).   
  7. Buyer is entitled to have the Product replaced with a Product of the same make, type, version, etc. Seller may replace the defective Product with a defect-free product of a different make having similar quality and quantity parameters provided that the Product of the same make is not produced anymore or if the price of such Product has been significantly raised by the supplier of the Seller.
  8. Buyer is entitled to receive a reasonable discount of the Product purchase price if the defect cannot be removed, but the defect does not prevent proper use of the Product.
  9. If the Product sold at a lower purchase price or a used Product has a defect falling under Seller's responsibility, Buyer shall be entitled to a reasonable discount of the Product purchase price in lieu of the right to Product replacement.
  10. The rights out of liability for defects shall be exercised with Mgr. Katarína Žiaková where the item was bought. However, if the warranty document states other businessman (professional service centre) defined by Mgr. Katarína Žiaková for repair purposes which is located in the place of the Seller or in a place closer to Buyer, the Buyer shall exercise his/her right to repair with the professional service centre defined for the purposes of warranty repairs. The professional service centre may only resolve the complaint through handover of a repaired Product, otherwise the complaint shall be forwarded to the Seller for resolution.
  11. The professional service centre defined for repairs is obligated to do the repair in a period agreed at the sale of the item between the Seller and the Buyer, or in a period set out hereunder.
  12. The rights out of liability for defects in the item covered by the warranty period shall expire upon expiry of the warranty period. As regards used items, the rights out of liability for defects shall expire unless exercised within 24 months from the day of acceptance of the used item by the Buyer or the period agreed upon by the Seller and the Buyer.
  13. If, during the repair, the Product defect is proved to have appeared in a manner which excludes the defect from warranty repairs or if the defect in the Product is not manifested, Buyer shall be requested to reimburse Mgr. Katarína Žiaková for the cost connected with testing and handling. Product shall not be returned back to the Buyer before such cost is settled by the Buyer.
  14. Seller shall invite the Buyer in an appropriate manner to takeover the repaired Product. Products not picked in time shall be handled in accordance with Art. 656 of the Civil Code

 

Article IV.

Complaint Procedure

  1. The place designated for complaint lodging is the place of business of Mgr. Katarína Žiaková or any of the commercial premises of Mgr. Katarína Žiaková listed in the final provisions (hereinafter also as "Commercial Premises"). Complaints may also be lodged by way of e-mail at: info@katarinaziak.sk
  2. When exercising the rights out of liability for defects, Buyer shall submit to the Seller:
    • defective Product along with all the components and Accessories thereof in genuine packaging or in appropriate packaging preventing damage to the Product in transport;
    • warranty document;
    • document proving payment of the purchase price;
  3. When Buyer lodges a complaint, Seller is requested to instruct the Buyer in Buyer's rights in accordance with the general regulation (Art. 622 and 623 of the Civil Code). Depending on the right the Buyer decides to exercise, the Seller shall choose the method of complaint resolution immediately or, in difficult cases, no later than in 3 business days from the complaint date or, in justified cases particularly where complex technical assessment of the Product is required, no later than in 30 days from the complaint date. Once the method of complaint resolution has been determined, the complaint shall be resolved immediately or, in justified cases, the complaint may also be resolved later; however, the complaint resolution procedure must not take more than 30 days from the complaint date. After expiry of the complaint resolution period, Buyer may either withdraw from the contract or shall be entitled to the replacement of the Product with a new Product.
  4. Seller is obligated to provide the Buyer with an acknowledgement on Buyer's lodging the complaint. If the complaint is lodged using remote communication means, Seller shall deliver the acknowledgement of complaint to the Buyer immediately; if the acknowledgement cannot be delivered immediately, it must be delivered without any undue delay, but no later than with the complaint resolution document; the acknowledgement of complaint receipt does not have to be delivered if the Buyer is able to prove Buyer's lodging the complaint in a different manner.
  5. Seller is requested to issue a written document of complaint resolution no later than in 30 days from the complaint date.

 

Article V.

Special Provisions /Warranty for Paintings/

  1. Graphic paintings with a mat do not require any treatment or varnish after framed. Painting may only be cleaned wiping it with a dry, soft, and clean cloth designed for dust wiping. Paintings should not be removed from the mat and the frame. Any removal of a painting from its genuine packaging (mat/frame which is a part of the Product) shall be deemed as unprofessional handling excluding the Product from the complaints procedure.

 

Article. VI.

Special Provisions /Warranty for Jewellery/

  1. Jewellery is considered to be an article of consumption with its serviceability period and life time defined which depend particularly on the method of its use and handling, conditions it is exposed to, etc. 
  2. Jewellery requires the Buyer to use attentive care and handling in accordance with the recommendations set out in the relevant chapters of the user manual which forms a part of the jewellery packaging.
  3. Besides the events of exclusion from warranty set out under Article III hereof, warranty for jewellery does not apply to: scratched surface, stones fallen out, damaged fasteners owing to careless handling, torn/broken jewel, gilding removed, mechanical damage, damage caused by impacts, chemicals, or cosmetics. In these events, the complaint will not be admitted.
  4. Unless the manual for the Product provides otherwise, Products with a surface finish or made of multiple parts, or combined with stones, gemstones, or textile materials need to be protected from mechanical damage and from contact with water, cleaning agents, or chemicals. Complaints concerning damaged surface finish owing to incorrect use shall not be admitted.
  5. Unless the manual for the Product provides otherwise, the jewel , if it needs to be cleaned, may be rinsed in clean or soap water at the maximum temperature of 40 C0. Gilded jewellery may only be cleaned rinsing it in clean water. Jewellery combined with other materials (glued stones, textile materials, glass beads, gemstones) and jewellery with colour finish may only be cleaned using a dry and soft cloth.

Article VII.

Non-Warranty Repair

  1. Non-Warranty repair:
    1. If the defect in the Product is not covered by warranty, Buyer may, in the Commercial Premises of Mgr. Katarína Žiaková or by way of e-mail at: info@katarinaziak.sk, agree on the terms and conditions for non-warranty repair, price of repair, and date of takeover of the repaired Product (repair contract). If circumstances occur during the repair which may have an impact on the agreed terms and conditions for the repair, increase the price of repair, or extend the agreed period for repair, Mgr. Katarína Žiaková shall inform the Buyer of such circumstances in an appropriate manner and ask for his/her consent to the changed conditions for the repair. If Mgr. Katarína Žiaková fails to agree with the Buyer on the changed terms and conditions, the Repair Contract shall become null and void and the Buyer is requested to pick the Product and pay Mgr. Katarína Žiaková the price of the work already done and the compensation of the cost incurred.
    2. At delivery of the product to Mgr. Katarína Žiaková for repair, Seller and Buyer shall agree on the pick-up date of the repaired Product. Products not picked up in time shall be handled in accordance with the provision of Art. 656 of the Civil Code.

Article VIII.

Final Provisions

  1. Consent to this Complaints Procedure shall be deemed to have been given upon submission of a Buyer's electronic order within Seller's e-shop.

     

  2. Legal relations established between the Seller and the Buyer shall be governed by the laws of the Slovak Republic, particularly by the Act No. 102/2014 Coll. on the Protection of Consumers in Sale of Goods or Provision of Services under Remote Contracts or Contracts Executed outside the Business Premises of the Seller, and Act No. 40/1964 Coll. Civil Code.

     

  3. This Complaint Procedure forms an integral part of the remote purchase contract and may only be changed based on an express consent of both parties.

     

  4. This Complaint Procedure is effective as of 7 December 2016.

     

  5. If a Seller's notice sent to Buyer to the address provided by the Buyer returns back as undeliverable, parties agree that the notice shall be deemed delivered on the date the notice is delivered back to the Seller.

     

  6. List of commercial premises (establishments) of Mgr. Katarína Žiaková:  Bystrá 140, 97701 Bystrá, tel: +421911110631

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