Return Policy

Return Policy

The operator of the e-shop beskidcreations.com is ITComTrade s. r. o., registered office: Polianky 1824/5, 84101 Bratislava, Slovak Republic, ID No.: 50030604, VAT No.: SK2120156269, Commercial Register of the District Court Bratislava I, Section: Sro, Insert No. 107302/B

Correspondence address: Polianky 1824/5, 84101 Bratislava, Slovak Republic

Telephone number: 421 905 336 051

Contact e-mail: reklamacia@itcomtrade.com

ARTICLE I. GENERAL PROVISIONS

1.1 These Complaints Regulations are issued in accordance with Act No. 40/1964 Coll., the Civil Code, as amended, Act No. 250/2007 Coll. No. 372/1990 Coll. on offences, as amended, as well as other generally binding legal regulations of the Slovak Republic.

1.2 Interpretation of terms:

1.2.1. For the purposes of these Complaints Regulations, the Seller shall be understood as ITComTrade s. r. o., registered office: Polianky 1824/5, 84101 Bratislava, Slovak Republic, ID No.: 50030604, VAT No.: SK2120156269, Commercial Register of the District Court Bratislava I, Section: Sro, Insert No. 107302/B (hereinafter referred to as the "Seller" in the relevant grammatical form).

1.2.2. The Buyer is any natural or legal person who has completed and submitted an order via the Seller's website, received an email notification of receipt of the order and paid the purchase price.

1.2.3 A consumer is a natural person who, when concluding and performing a consumer contract, is not acting within the scope of his/her business, occupation or profession. The amendment to Act No 250/2007 Coll. on Consumer Protection, effective as of 01.05.2014, excluded from the definition of a consumer legal persons who purchase products or use services for their personal use or for the use of members of their household. A consumer is not a business customer, i.e. a customer who purchases goods for the company (he or she provides a company ID number, VAT number or VAT number when placing an order). Business customers are also not entitled to return goods without giving a reason or to withdraw from the contract. The relationship between such a customer and the seller is not governed by the Civil Code but by the Commercial Code. Nor are natural persons who purchase goods for the exercise of their profession consumers.

1.2.4. The place of delivery is the delivery address indicated by the Buyer in the registration form.

1.2.5. E-shop means the online shop beskidcreations.com.

1.2.6. The catalogue of goods is a list of goods offered by the e-shop operator.

1.2.7. Basket means a list of products, including name and price, which the Buyer has selected from the catalogue of goods for purchase.

1.2.8. price of the goods is the price of the specific goods listed in the catalogue of goods.

1.2.9 The final price of the Goods is the total price of the Goods selected by the Buyer (placed in the basket), including postage, packing and other charges associated with the delivery of the Goods. This price shall be communicated to the Buyer prior to the completion of the order.

1.10. The Buyer is obliged to familiarize himself with the Complaints Procedure and the Terms and Conditions before ordering the goods. By ordering the goods from the Seller, the Buyer confirms his/her familiarity with the contents of the aforementioned Complaints Procedure and Terms and Conditions.

1.11. As proof of purchase, the Seller issues a purchase document (invoice) for each purchased goods. If a separate warranty certificate is not issued, the relevant purchase document shall serve as the warranty certificate.

1.12. The aforementioned provisions do not apply to a Buyer who is not a consumer but a person who purchases goods for the purpose of business and not for the purpose of personal consumption of natural persons; liability for defects in goods in this case is governed by the provisions of §422 et seq. Commercial Code.

ARTICLE II. LIABILITY FOR DEFECTS

2.1 The Seller shall be liable to the Buyer for the fact that the goods purchased by the Buyer: a) have the required quality and utility properties, parameters indicated by the manufacturer and that their use for the intended purposes has been approved in accordance with the relevant generally binding valid legal regulations in the territory of the Slovak Republic, b) also comply with the health, hygiene and other conditions set out therein according to the generally binding legal regulations, c) are free from defects, d) were sold to him at the price he had at the time of the offer and sale and that this price was correctly charged to him.

2.2 The warranty period for the goods sold is 24 (in words: twenty-four) months, unless the nature of the goods sold, the durability and functionality of the materials used imply a shorter period. If a period of use is indicated on the sold item, its packaging or the instructions accompanying it, the warranty period shall not expire before the expiry of this period.

2.3 In the case of a used item, the Buyer and the Seller may agree on a shorter warranty period, but not less than 12 (in words: twelve) months. In the case of goods sold at a lower price due to defects or incompleteness, the warranty shall not cover the defects for which the lower price was agreed.

2.4 For all goods purchased by corporate customers, on the basis of a business relationship (within the meaning of the Commercial Code), the warranty period referred to as the "quality guarantee" is set by the Seller at 7 (in words: seven) days.

2.5 The Buyer's rights under liability for defects in the goods for which the warranty period applies shall lapse if not exercised within the warranty period.

ARTICLE III. EXERCISE OF THE CLAIM

3.1 The Buyer is entitled to make a claim:

3.1.1. on the quality of the goods sold,

3.1.2. on the correctness of the price charged for the sold goods, if he has a reasonable doubt that the price for the goods was not charged in accordance with the Contract and the Seller's price list.

3.2 A defect shall not be deemed to be a change to the goods which has occurred during the warranty period as a result of wear and tear or improper use or improper intervention.

3.3 The Buyer is obliged to inspect the delivered goods upon receipt and to claim obvious defects.

3.4 Obvious defects are considered to be defects detectable upon acceptance of the goods, in particular:

3.4.1. quantity and assortment differences,

3.4.2. deterioration of the goods (deformed packaging, damaged packaging, etc.)

3.5. the Buyer is obliged to immediately notify the Seller of any apparent defects found, who shall arrange for the remedy in the form of replacement of the goods or refund of the purchase price. Later claims of this type can only be accepted if the Buyer proves that the claimed defects were already present at the time of receipt of the goods.

3.6 The Seller shall not be liable for defects if:

3.6.1. The buyer caused the defect in the goods himself,

3.6.2. the Buyer was aware of the defect in the goods prior to taking delivery of the goods, or was expressly and clearly advised of the defect, and if a discount on the purchase price of the goods has been granted for the defect,

3.6.3. the defects have arisen within the warranty period as a result of wear and tear of the goods caused by normal use, misuse or excessive use,

3.6.4. the protective seals on the goods have been broken,

3.6.5. the defects have been caused by tampering by an unauthorised person with the goods or their components,

3.6.6. the goods are claimed after the expiry of the warranty period or any other period within which the goods should retain their specific characteristics,

3.6.7. are caused by a natural disaster,

3.6.8. caused (intentionally or unintentionally) by improper or excessive use of the goods, improper servicing, improper use of the manufacturer's attachments or use of attachments other than those prescribed by the manufacturer,

3.6.9. arise to the Goods after the expiry of their useful life.

3.7 The Buyer must lodge a claim with the Seller without undue delay after becoming aware of a defect in the goods sold or an incorrect amount charged, otherwise the right to claim shall be extinguished. In the event of an invoice issued by the Seller, the Buyer must claim the incorrectness of the invoiced price within the invoice due date.

3.8 When making a claim, the Buyer shall complete a claim report. The complaint protocol is published on the e-shop website.

3.9. When claiming goods, the Buyer is obliged to deliver the defective goods to the Seller by post (or by courier service) to the Seller's address (ITComTrade s. r. o., Polianky 1824/5, 84101 Bratislava, Slovak Republic). When sending defective goods by post (or courier service), it is recommended to secure the claimed goods thoroughly to prevent damage during transport and also to clearly mark the parcel "CLAIM". The parcel must contain: the claimed goods (including all accessories), a completed claim report

and a copy of the proof of purchase. Without the above, it is impossible to identify both the origin and the fault/defect of the goods.

3.10. The complaint report must contain the following information:

3.11.1. order number and date,

3.10.2. the contact details of the complainant (name, correspondence address, e-mail address, telephone number),

3.10.3. identification of the goods complained of,

3.10.4. a description of the defect in the goods complained of,

3.10.5. the preferred method of resolving the complaint (removal of the defect, replacement of the goods, discount on the price paid for the goods sold, refund of the purchase price of the goods),

3.10.6. a list of attached documents (in particular, but not exclusively, the proof of purchase),

3.10.7. the manner in which the Buyer requests to receive notification of the complaint (by e-mail or by post).

3.11 The application of a complaint about the correctness of the invoiced (or invoiced) price for the goods sold shall not have a suspensive effect on the payment of the consideration.

3.12 The date of commencement of the complaint procedure in respect of the sold goods shall be the date on which the written complaint and the defective goods are delivered to the Seller in accordance with clause 3.9 of these Complaints Regulations. In the event that the complaint does not contain all the required data pursuant to clause 3.10. of these Complaints Regulations or the defective goods have not been delivered (or the delivered defective goods are incomplete), the complaint procedure shall commence only on the day of delivery of all the required data and goods. If the Buyer does not complete the missing data and goods even at the Seller's request, the claim shall be deemed unfounded.

3.13 Before making a claim, the Seller recommends (does not condition) that the Buyer contacts the Seller by telephone or electronically, who will again inform the Buyer about all the essential details of the claim, the possibilities of making a claim and the procedure for handling the claim.

ARTICLE IV. HANDLING OF THE COMPLAINT

4.1 When a claim is made, the Seller shall deliver to the Buyer a confirmation of receipt of the claim together with information on how the claim will be handled to the e-mail address or postal address provided by the Buyer. The Seller shall deliver the acknowledgement of receipt of the claim together with information on the manner of handling the claim without delay, but no later than within 3 (in words: three) working days from the date of commencement of the claim procedure.

4.2 The Seller shall investigate the claim without undue delay after it has been filed and decide on the manner of handling the claim. The Seller shall be obliged to settle the complaint immediately after the method of complaint has been determined; in justified cases, the complaint may be settled later; however, the settlement of the complaint shall not take longer than 30 (in words: thirty) days.

4.3 The Seller shall issue the Buyer with an output report on the settlement of the claim, which shall be a confirmation of the settlement of the claim.

4.4 The Seller shall inform the Buyer about the settlement of the claim by sending an e-mail message together with the output report to the Buyer's e-mail address. If the Buyer has requested that information on the settlement of the complaint be sent by post, the Seller shall send the output report and, if applicable, the acceptance report to the Buyer's contact address specified in the complaint.

4.5 The Seller is obliged to keep a record of complaints and to submit it to the supervisory authority for inspection upon request. The complaint record must contain information on the date of the complaint, the date and manner of handling the complaint and the serial number of the complaint document.

ARTICLE V. METHOD OF HANDLING COMPLAINTS

5.1 If there is a defect in the goods sold which can be rectified, the Buyer has the right to have it rectified free of charge, in a timely and proper manner. The Seller is obliged to remove the defect without undue delay. The Seller shall decide on the method of removing the defect.

5.2 If the defect cannot be removed or the defect occurs repeatedly even after its removal, the Buyer shall be entitled to a reasonable discount on the price of the goods. In settling the claim by granting a discount on the invoiced price, the nature of the defect, the duration of the defect and the possibility of further use shall be taken into account. The amount of the discount granted shall be decided by the Seller.

5.3 The Seller may always replace the defective item with a faultless one instead of removing the defect, if this does not cause the Customer serious difficulties.

5.4 The Buyer shall have the right to demand a free replacement of the goods or to withdraw from the contract of sale of the goods:

5.4.1. if there is a defect in the Goods which cannot be remedied and which prevents the Goods from being properly used as free from defect,

5.4.2. although it is a remediable defect, the Buyer cannot properly use the goods due to the recurrence of the defect after repair; the recurrence of the defect after repair shall be deemed to be the case if the same defect occurs for the third time after at least two previous repairs to the goods,

5.4.3. although the defects are repairable, the Buyer is unable to use the goods properly due to a greater number of defects; a greater number of defects shall be deemed to be at least three different repairable defects at the same time which prevent the proper use of the goods,

5.5 If other irremediable defects appear in the goods, the Buyer shall be entitled to a reasonable discount on the price of the goods.

5.6 The Seller shall handle the complaint and terminate the complaint procedure in one of the following ways:

5.6.1. by removing the defect of the sold goods,

5.6.2. replacement of the goods,

5.6.3. payment of a reasonable discount on the price of the goods sold,

5.6.4. refund of the purchase price of the goods (in the event of the Buyer's withdrawal from the contract of sale of the goods),

5.6.5. a reasoned rejection of the complaint.

5.7 In the event of acceptance of a claim concerning the correctness of the invoiced price, the amount of the rightly claimed price shall be refunded to the Buyer to the bank account indicated by the Buyer. The Buyer is obliged to notify in writing (or by e-mail) the number of his bank account for the refund of the claimed price.

5.8 In the event that the Buyer withdraws from the contract of sale of goods, the amount of the purchase price paid shall be refunded to the Buyer to the bank account indicated by the Buyer. The Buyer is obliged to notify in writing the number of his bank account for the refund of the purchase price paid.

5.9 The costs of returning the goods shall be borne by the Seller in the event of a legitimate complaint.

ARTICLE VI. RETURN WITHOUT EXPLANATION

6.1 The Buyer has the right to withdraw from the contract and return the goods without giving any reason within 14 days of receiving the goods, in accordance with Directive 2011/83/EU on consumer rights.

6.2 If the Buyer chooses to return the goods without reason, the Buyer must inform the Seller within 14 days of the delivery of the goods, and the goods must be returned within the next 14 days.

6.3 The Buyer is responsible for the cost of returning the goods when withdrawing from the contract without reason.

6.4 The returned goods must be undamaged, in their original packaging, and include all accessories and documentation.

6.5 The Seller shall refund the purchase price of the returned goods, including the initial shipping cost, within 14 days of receiving the returned goods or proof that the goods have been sent back.

ARTICLE VII. FINAL PROVISIONS

7.1 This Complaints Procedure shall enter into force and effect on 01.12.2021

7.2 The Seller reserves the right to make changes to this Complaints Procedure without prior notice. The obligation of written notification of changes to the Complaints Procedure is fulfilled by placing it in the beskidcreations.com e-shop.

7.3 Supervision over compliance with the obligations of the Seller in matters of consumer protection under the applicable legislation shall be carried out by the Slovak Trade Inspection Authority and the competent court.

7.4 Slovak Trade Inspection, SOI Inspectorate for the Bratislava Region

Bajkalská 21/A, P. O. BOX No. 5, 820 07 Bratislava

Supervision Department

tel. 02/58 27 21 21 72, 02/58 27 21 04

[https://www.soi.sk/sk/Kontakt.soi](https://www.soi.sk/sk/Kontakt.soi)