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CUSTOMER RETURN POLICY of the e-shop www.alganic.eu

I. General Provisions

1.1. The Customer Complaint Policy is issued pursuant to Act no. 40/1964 Coll. Civil Code as amended (hereinafter referred to as “the Civil Code”), Act no. 250/2007 Coll. on Consumer Protection as amended (hereinafter referred to as “the Act on Consumer Protection”), 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, as amended and the Act no. 22/2004 Coll. on Electronic Commerce as amended. The customer complaint policy also stipulates legal relationship of the Seller, represented by:

1.2. Seller

Business name: Blue Butterfly Design s.r.o.

Seat: Alžbetina 2, Košice – Staré Mesto 040 01, Slovak Republic

Registered in the Business register of the District Court Košice I, Section: Sro, Part no.: 45614/V

CIN: 44 129 084

TIN: 2022598512

Bank account number: AT65 2051 0004 0040 4463

The Seller is a VAT payer (value-added tax).

 

(hereinafter referred to as “the Seller”) and each other party, who shall purchase goods or services provided by the Seller in the Seller’s e-shop and who acts from the position of the customer pursuant to other provisions of the General terms and conditions hereto and relevant acts defining such customer pursuant to valid legislation of the Slovak Republic, particularly the acts, 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 the Act no. 250/2007 Coll. on Consumer Protection as amended.

1.2.1. Seller’s Contact Information:

E-mail: marketing@bluebutterflydesign.com

Phone number: +421 554 647 345

 

1.2.2. Address for complaint forms and contract withdrawal forms:

Blue Butterfly Design s.r.o., Budovateľská 48, 080 01 Prešov

1.3. The customer complaint policy stipulates rights and obligations of the buyer, who shall act as a consumer exercising their rights from liability for defects of a product (goods), or services pursuant to the concluded remote contract with the Seller through electronic commerce of the Seller www.alganic.eu

1.4. The buyer shall be each person (natural or legal), who fills in and sends an order via the internet website of the Seller and receives an e-mail confirmation about the order acceptation and pays the purchase price. The buyer shall also be each person, who creates an order by phone

or by e-mail.

1.5. The consumer is the buyer, who is defined as natural person and who, during conclusion of the purchase contract in accordance with the customer complaint policy and general terms and conditions published on the Seller’s website, does not act within the scope of their business activities.

1.6. The customer complaint policy stipulates legal relationship between the buyers, defined as consumers and the Seller.

1.7. Legal relationships resulting from the exertion of rights from liability for defects between the Seller and the buyer, who is defined as a legal person or natural person business, who acts within the scope of their business activities (person, who is excluded from the definition of the consumer) shall act in accordance with the Act No. 513/1991 Coll. Business Code as amended.

1.8. Products are defined as goods or services for sale and published on the Seller’s e-shop.

1.9. For the purposes of this customer complaint policy, the product shall correspond with the term goods or service.

 

II. References

2.1. Relationships from the Seller’s liability for defects of a product or services (as well as other legal relationships that might arise from the contract relationship) with the natural persons, who do not act within the scope of their business activities under conclusion of the purchase contract (consumers) shall be governed by the general provisions of the Act no. 40/1964 Coll. Civil Code as amended (hereinafter referred to as “the Civil Code”), 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 the Act no. 250/2007 Coll. on Consumer Protection as amended.

2.2. Legal relationships resulting from the exertion of rights from liability for defects between the Seller and the buyer, who is defined as a legal person or natural person business, who acts within the scope of their business activities (person, who is excluded from the definition of the consumer) shall act in accordance with the Act No. 513/1991 Coll. Business Code as amended.

2.3. Pursuant to Art. 3, section 1, let. n) of the Act No. 102/2014 Coll., the Seller informs the consumer that there are no special relevant codes of conducts, which would Seller undertake to adhere to.

 

III. Seller’s Liability for Defects of the Products (Goods and Services)

3.1. The Seller shall deliver the product (goods) or service in accordance with the concluded purchase contract, i.e. in the requested quality, quantity and without any defects (substantive or legal).

3.2. The Seller is liable for defects of the sold product or service at the take-over of the buyer. If the sold product is a new product, the Seller shall be liable for the defects occurring after delivery within the warranty period (warranty). We would like to recommend the buyer to lodge a complaint immediately after discovery without further delay. If the sold product is a used product, the Seller shall not be liable for the defects occurring by their usage or common wear and tear. If the product is sold as used and under reduced purchase price, the Seller shall not be liable for the defects, for which the reduced price is negotiated.

3.3. The buyer is entitled to inspect the purchased product or service before its take-over.

 

IV. Warranty Period

4.1. The warranty period is 24 months. The warranty period for a used product is 12 months. Warranty period starts to expire at the moment of take-over of the product or service by the buyer.

4.2. If the products are not perishable or used, the Seller is liable for defects that occur after taking over the product during the warranty period (warranty). The warranty period is 24 months. If the period of use is marked on the sold product, its packaging or the instructions attached to it, the warranty period does not end before the expiry of this period.

4.3. If the sold product is marked as used, the Seller and the Buyer may agree on a shorter warranty period, however, no shorter than 12 months.

4.4. In the case of products intended to be used for a longer period, special regulations provide for a warranty period of more than 24 months. A warranty period exceeding 24 months may apply to only some part of the product.

4.5. Upon request of the Buyer, the Seller is obliged to provide a guarantee in writing (warranty certificate). If the nature of the product allows it, it is sufficient to issue a proof of purchase instead of a guarantee certificate.

4.6. By a statement in the guarantee certificate issued to the Buyer or in an advertisement, the Seller may provide a guarantee exceeding the scope of the guarantee stipulated in this Act. In the warranty card, the Seller shall specify the conditions and scope of this warranty.

4.7. Warranty periods begin to expire by the moment of receipt of a product by the Buyer. If the purchased product is to be put into operation by a person other than the Seller, the warranty period will start to expire from the date of putting the product into operation, if the Buyer ordered the commissioning no later than three weeks after taking over the product and properly and timely provided the necessary cooperation.

4.8. If the Buyer is not a consumer, the procedure is in accordance with the provisions of the Commercial Code and the warranty period is 1 year. The warranty period begins to expire in accordance with the provisions of Art. IV, section 4.1 of this Customer complaint policy.

4.9. If there is an exchange for a new product, the warranty period begins to expire anew from the moment of receipt of the new product.

4.10. If a part of a new product is exchanged where the nature of the product allows it. The warranty period for this part will start to expire anew from the moment of receipt of the new product.

4.11. The rights from the liability for defects of the product, for which the warranty period applies shall expire if they are not exercised during the warranty period.

4.12. The warranty period is extended by the time for which the goods were in the complaint process. The rights from the liability for defects of the product, for which the warranty period applies, expire if they were not exercised during the warranty period.

4.13. If the Buyer is a consumer, within the statutory warranty period, complaints are governed by Act No. 40/1964 Coll., Civil Code and Act No. 250/2007 Coll., on consumer protection, both laws as amended, taking into account the clarifications in this Customer complaint policy.

4.14. If an product is exchanged, the warranty period begins to expire anew from the moment of receipt of the new product. The same applies if the part for which the warranty has been provided is replaced.

 

V. Procedure for Exercising Rights from Liability for Defects (Complaint)

5.1. The buyer is entitled to exercise their rights from liability for defects of a product, goods or service at the following address: Blue Butterfly Design s.r.o., Budovateľská 48, 080 01 Prešov

The buyer may always exercise their rights in person via a complaint in any office of the company, where such complaint is possible, given the nature of the matter or at the seat of the company, or via third persons, e.g. transporting companies, delivery companies, Slovak Post, and others. We recommend the buyer to use a Customer Complaint Form. The form is available on the Seller’s website.

In the event of a complaint, the Seller recommends the Buyer to provide warranty certificate or other proof of payment of the purchase price. The buyer is advised to describe the defect and state how the defect manifests itself when lodging the complaint about the product or service.

 

5.1.1. Should the Buyer lodge a complaint about a product or service other than in person, the Seller recommends the Buyer to send the goods together with a detailed description of the defect of the product and a document proving the purchase of goods in our store /for example proof of payment, invoice, warranty certificate/, in order to speed up the complaint process.

 

5.1.2. In case of a complaint, we recommend sending the product by registered mail. The Seller does not recommend sending the products in the form of cash upon delivery, in such case, the package will not be taken-over.

5.1.3. The Seller is obliged to issue a confirmation about the complaint lodged to the consumer. If the complaint is made by means of remote communication, the Seller is obliged to deliver the confirmation of the complaint to the consumer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the resolution of the complaint; the confirmation of the lodged complaint does not need to be delivered if the consumer has the option to prove the claim otherwise.

5.1.4. The Seller is obliged to issue a written document on the handling of the complaint no later than 30 days from the date of the complaint.

5.2. The resolution of the complaint is without prejudice to the consumer’s right to compensation under a special regulation.

5.3. The Seller is obliged to determine the method of handling the complaint immediately, in complex cases within 3 days from the date of the complaint. In justified cases, especially if a complex technical evaluation of the goods is required no later than 30 days from the date of the complaint. After determining the method of handling the complaint, the Seller will handle the complaint immediately; in justified cases, the complaint can be resolved later. However, the handling of the complaint may not be longer than 30 days from the date of the complaint. After the expiration of the 30-day period for handling the complaint, the Buyer has the right to withdraw from the purchase contract and will be refunded the full amount for the goods or has the right to exchange the goods for new ones.

5.4. If the consumer has made a complaint about the product during the first 12 months from the purchase, the Seller may handle the complaint by rejection only on the basis of expert assessment; regardless of the outcome of the expert assessment, the consumer may not be required to reimburse the cost of the expert assessment or other costs related to the expert assessment. The Seller is obliged to provide the consumer with a copy of the expert assessment justifying the rejection of the complaint no later than 14 days from the date of handling the complaint.

5.5. If the consumer has lodged a complaint about a product after 12 months from the purchase and the Seller has rejected such complaint, the person who handled the complaint is obliged to state in the resolution of the complaint to whom the consumer may send the product for an expert assessment. If the product is sent for an expert assessment to a designated person, the costs of the expert assessment, as well as all other related purposefully incurred costs, shall be borne by the Seller, regardless of the result of the expert assessment. If the expert assessment shows Seller’s responsibility for the defect, the buyer may lodge a complaint again; the warranty period does not expire during the expert assessment period. The Seller is obliged to reimburse the consumer all costs incurred for expert assessment, as well as all related purposefully incurred costs within 14 days from the date of re-application of the complaint. Such re-lodged complaint cannot be rejected.

5.6. The consumer is entitled to a reimbursement of the necessary costs (especially postage paid when sending the claimed goods), which they incurred in connection with the exercise of their rights from liability for defects of goods and services. In the event of withdrawal from the contract due to a faulty product or service, the consumer is also entitled to a reimbursement of the costs of such withdrawal.

5.7. Assessment requirements under the section 5.4 of this chapter:

The expert assessment must include:

a) identification of the person performing the expert assessment,

b) the exact identification of the product under assessment,

c) description of the condition of the product,

d) the result of the assessment,

e) the date of the expert assessment.

5.8. The Seller is obliged to inform the consumer about the handling of the complaint and about the method of its handling, in a suitable and verifiable form, no later than within 30 days from the date of the complaint. The Seller is obliged to issue a written document on the handling of the complaint no later than 30 days from the date of the complaint.

5.9. The completion of the complaint procedure / complaint / is considered to be its resolution. Complaint handling means termination of the complaint procedure by handing over a repaired product to the person who lodged the complaint, product replacement, return of the product purchase price, application of a reasonable reduction of the product price, written notice on complaint handling or rejection of the complaint in accordance with the law.

5.10. If the nature of the product allows it, the consumer will hand over the product to the Seller (designated person) at the moment of a complaint. If the nature of the product does not allow the product to be delivered to the Seller (designated person), the consumer may request remedy of the defect at the place where the product is located or agree with the Seller (designated person) on the transportation method of the product.

5.11. The period from the moment of the exertion of right of liability for defects until the moment when the Buyer is obliged to take-over the claimed product after the repair is completed shall not count towards the warranty period. The Seller is obliged to provide the Buyer with a confirmation of the moment when they exercised the right, as well as of the repair time and its duration period.

 

VI. Customer’s Rights for Exercising Rights from Liability for Defects

6.1. In the case of a defect that can be remedied, the Buyer has the right to have it remedied free of charge, on time and in a proper manner. The Seller is obliged to eliminate the defect without undue delay.

6.2. The Buyer may, instead of eliminating the defect, request an exchange of the product or, if the defect concerns only a part of the product, a replacement of the part, if the Seller does not incur disproportionate costs due to the price of the goods or the severity of the defect.

6.3. Instead of eliminating the defect, the Seller may always replace the defective product with a non-defective one, if this does not cause serious difficulties for the Buyer.

6.4. If the defect cannot be remedied and prevents the product from being properly used in the same manner as non-defective one, the Buyer has the right to exchange the product or has the right to withdraw from the contract. The Buyer has the same right in case of remediable defects, however, they are unable to use the product properly due to the recurrence of the defect after repair or due to a larger number of defects.

6.5. In case of other irreparable defects, the Buyer is entitled to a reasonable reduction from the price of the product.

 

VII. Final Provisions

7.1. The Customer complaint policy shall form an integral part of the General terms and conditions and the principles and instructions on personal data protection of this e-shop. The documents – General terms and conditions and Principles and instructions on personal data protection of this e-shop are published on the domain of the Seller’s e-shop.

7.2. In case of any changes to the Customer complaint policy, the relationship between the Seller and buyer shall adhere to the Customer complaint policy valid and effective at the moment of conclusion of the purchase contract until the moment of the contract’s expiration.

7.3. The Customer complaint policy shall become valid and effective on the day of their publication on the Seller’s e-shop 08.06.2020