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Handmade cosmetics in Slovakia

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Complaints procedure and warranty conditions

1.1. The handling of complaints is governed by this valid complaint procedure. By sending the order, the buyer confirms to the seller that he has been properly informed about the conditions, the method of complaint about the goods, as well as information about where the complaint can be made.

1.2. If the goods have defects, the buyer is obliged to immediately file a complaint (according to the applicable complaint procedure) with the seller, who is responsible for the defects of the goods.

1.3. This complaint policy applies to products purchased through the e-shop www.fraela.sk and is valid for all orders, unless other warranty conditions are agreed in the contract.

1.4. The rights and obligations of the contracting parties regarding liability for defects are governed by the relevant generally binding regulations of the Civil Code or the Commercial Code. The recommended shelf life of products is 12 months. Products must be marked with “Recommended shelf life …” and this must indicate the deadline for filing a complaint. The buyer is obliged to take care of (store) the purchased goods according to the manufacturer’s instructions or in a manner that is customary and appropriate for the type of goods. The warranty period is extended by the period during which the buyer could not use the goods due to warranty repair of the goods.

1.5. The buyer has the right to claim a warranty from the seller only for goods that show defects caused by the manufacturer, supplier or seller, are covered by the warranty and were purchased from the seller. The seller is liable for defects in the goods to the extent of Section 619 et seq. of Act No. 40/1964 Coll. Civil Code, as amended.

1.6. When accepting the goods, the buyer is obliged to inspect the goods. If he fails to do so, he may only assert his claims if he proves that the goods already had these defects at the time of acceptance of the goods. In such cases, a complaint for any non-delivery of the goods due to the fault of the delivery person or damage to the goods caused by the delivery person must be filed directly with the delivery person. Complaints about mechanical damage to the goods caused by transport, the receipt of which without defects has been confirmed by the buyer to the delivery person, will not be recognized by the seller as justified and the buyer will not be provided with payment for such a complaint.

1.7. The customer has the right during the warranty period to have the defect removed free of charge after submitting the goods, including accessories, to an authorized representative of the seller or to the seller himself, together with the warranty certificate (if supplied) and proof of payment.

1.8. In the event that the goods show defects, the customer has the right to file a complaint at the seller's premises in accordance with the provisions of Section 18, paragraph 2 of Act No. 250/2007 Coll. (Consumer Protection Act) by delivering the goods to the address: Priruz sro, Ľubovnianska 16, 851 07 Bratislava, at his own expense and filling out the complaint form and delivering it to the seller. The form shall be determined by the seller and its template shall be sent to the customer at the e-mail address chosen by him. The buyer is obliged to indicate in the form precisely the type and extent of the defects of the goods. The complaint procedure for goods that can be objectively delivered to the seller begins on the day when all of the following conditions are met simultaneously:
– delivery of the completed complaint form from the buyer to the seller,
– delivery of the claimed goods from the buyer to the seller

The start of the complaint procedure is also the day of filing the complaint. The complained goods must be delivered to the seller's registered office, unless the seller or a designated person specifies otherwise. The seller is obliged to accept the complaint and provide a person authorized to accept complaints in accordance with the provisions of Section 18, paragraph 3 of Act No. 250/2007 Coll. (Consumer Protection Act).

1.9. The buyer is obliged to complain about defects in the goods without undue delay. The seller will issue a confirmation to the buyer about the application of a complaint about the goods. The confirmation may be, for example, in the form of an e-mail or in written paper form, in which the seller is obliged to precisely identify the defects in the goods in accordance with the provisions of Section 18, paragraph 5 of Act No. 250/2007 Coll. (Consumer Protection Act) and to inform the consumer about his rights arising from the provisions of Section 622 and Section 623 of the Civil Code. If the complaint is submitted via means of distance communication, the seller is obliged to deliver the confirmation of the application of the complaint to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the document on the settlement of the complaint; A confirmation of the claim does not need to be delivered if the buyer has the opportunity to prove the claim in another way.

1.10. The seller is obliged to determine the method of handling the complaint pursuant to the provisions of Section 2, letter m) of Act No. 250/2007 Coll. (Consumer Protection Act) immediately, in more complex cases within 3 days from the start of the complaint procedure, in justified cases, especially if a complex technical assessment of the condition of the goods is required, no later than 30 days from the start of the complaint procedure. After determining the method of handling the complaint, the seller shall handle the complaint immediately, in justified cases the complaint may be handled later. However, the handling of the complaint may not last longer than 30 days from the date of filing the complaint. After the expiry of the period for handling the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods. The seller shall inform the buyer of the completion of the complaint procedure and the result of the complaint in a form agreed between both contracting parties. Unless otherwise agreed by written notice. If the buyer has made a complaint about the goods within the first 12 months of the conclusion of the purchase contract, the seller may resolve the complaint by rejecting it only on the basis of an expert's statement or an opinion issued by an authorized, notified or accredited person or an opinion of a designated person (hereinafter referred to as "expert assessment of the goods"). Regardless of the result of the expert assessment, the seller may not require the buyer to pay the costs of the expert assessment of the goods or other costs related to the expert assessment of the goods. If the buyer has made a complaint about the product after 12 months from the conclusion of the purchase contract and the seller has rejected it, the person who resolved the complaint is obliged to indicate in the document on the settlement of the complaint to whom the buyer can send the goods for expert assessment. If the buyer sends the goods for expert assessment to a designated person specified in the document on the settlement of the complaint, the costs of the expert assessment of the goods, as well as all other related costs incurred in this regard, shall be borne by the seller, regardless of the result of the expert assessment. If the buyer proves the seller's liability for the claimed defect of the goods through a professional assessment, he may file a complaint again; the warranty period does not expire during the professional assessment of the goods. The seller is obliged to reimburse the buyer within 14 days from the date of the re-filed complaint all costs incurred for the professional assessment of the goods, as well as all related costs incurred in a reasonable manner. A re-filed complaint cannot be rejected.

1.11. The buyer's rights from liability for defects that the buyer may exercise are set out in Sections 622 and 623 of Act No. 40/1964 Coll. Civil Code, as amended. The buyer's rights shall lapse if they have not been exercised in the manner specified above within the warranty period. The buyer has no right to exercise the warranty for defects that the seller has notified him of at the time of concluding the contract.

1.12. The Seller reserves the right to replace defective goods with other similar goods with comparable technical parameters.

1.13. The buyer's right to claim the warranty shall lapse if the warranty period expires, or if he fails to report obvious defects upon receipt of the goods, or fails to submit proof of payment. The claim shall also lapse if the buyer mechanically damages the goods, handles them improperly or carelessly, stores them inappropriately, or if the goods are damaged by unavoidable and/or unforeseeable events, natural elements, or other force majeure, excessive load, use contrary to its intended purpose by the buyer and/or a third party after receipt of the goods by the buyer. The claim shall also lapse if the goods are damaged by accidental destruction and accidental deterioration, unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity, or other force majeure.

1.14. Complaint settlement means the termination of the complaint procedure by handing over the repaired goods, exchanging the goods, refunding the purchase price of the goods, paying an appropriate discount on the price of the goods, a written request to accept the performance or its justified rejection.

1.15. The seller is obliged to issue a written document to the buyer regarding the method of handling the complaint no later than 30 days from the date of filing the complaint via the postal or courier or delivery service provider, or via e-mail.

1.16. In the event of exchanging goods for new ones, the buyer will receive a document stating the replaced goods, and any further complaints are made on the basis of the original delivery note and this complaint document. In the event of exchanging goods for new ones, the warranty period will start again from the receipt of the new goods, but only for the new goods. All legally applied warranty repairs are free of charge.

1.17. Regarding a removable defect, the complaint will be handled, depending on the buyer's decision, in the following manner:
– the seller ensures the removal of the defect, or
– the seller will replace the defective goods.

1.18. In the event that the defect is one that cannot be removed or one that is repeated several times and can be removed, or a larger number of different can be removed defects, which prevent the goods from being used properly as if they were free of defects, the seller will handle the complaint in the following manner, depending on the buyer's decision:
– by exchanging the goods for other functional goods with the same or better technical parameters, or
– if the seller cannot exchange the goods for another, he will handle the complaint by issuing a credit note for the damaged goods.

1.19. The handling of the complaint applies only to defects indicated by the buyer in the complaint form.

1.20. A multiple occurrence of a removable defect is considered to be a multiple occurrence of a single removable defect more than three times. A multiple occurrence of different removable defects is considered to be a multiple occurrence of more than three different removable defects simultaneously.

1.21. For the purposes of a complaint, the period considered to be the time during which the buyer cannot properly use the goods is the period during which, after the conclusion of the purchase contract, the buyer cannot use the goods due to defects in the goods for a total of more than 100 days.

1.22. The buyer's right to claim a defect in the goods is after he has exercised his right and requested the seller to remove the defect in the goods as consumed and, regardless of the outcome of the claim, he is no longer entitled to claim the same unique defect (not a defect of the same type) repeatedly.

1.23. In the event that the Seller terminates the complaint procedure as a justified rejection of the complaint, but the defect of the product objectively exists and has not been eliminated, the Buyer may exercise his right to eliminate the defect of the goods through a Request for Remedies. If the Seller responds negatively to such a request or does not respond to it within 30 days from the date of its sending, the Buyer - consumer has the right to file a petition for initiation in court.