I. Úvodné ustanovenia
1. The company W.E.G.A., spol. s.r.o., with registered office Železničiarov 2300/54, 02601 Dolný Kubín, with this complaint procedure in accordance with § 18 par. 1 of Act no. 250/2007 Coll. on consumer protection and on the amendment of Act no. 372/1990 Coll. properly informs the consumer (hereinafter referred to as the "Customer" or "Buyer") of violations as amended, about the conditions and method of exercising rights from liability for defects (hereinafter referred to as "complaint"), including information on where the claim can be made and on the performance of warranty repairs .
2. This complaint procedure is in accordance with § 18 par. 1 of the Consumer Protection Act published in a visible place accessible to the consumer.
II. Liability for defects in the goods sold
1.W.E.G.A., spol. Ltd. is responsible for defects that the sold goods have when they are taken over by the buyer - manufacturing defects (§ 619, paragraph 1 of the Civil Code) and for defects that occur after taking over the goods during the warranty period (§ 619, paragraph 2 of the Civil Code). The warranty period is 24 months (§ 620 of the Civil Code) and begins to run from the date of receipt of the goods by the buyer (§ 621 of the Civil Code).
2. The time from the exercise of the right from liability for defects to the time when the buyer was obliged to take over the item after the repair is completed is not included in the warranty period. If the goods are exchanged, the warranty period begins again after receiving the new goods (§ 627 of the Civil Code).
3. Rights from liability for product defects for which the warranty period applies shall expire if they were not exercised within the warranty period (§ 626, paragraph 1 of the Civil Code).
4. The seller is not responsible for defects:
- caused by mechanical damage (including scratches, breakage or deformation of jewelry, or damage to stones and other jewelry components)
- if the goods are damaged by normal wear
- if the goods are devalued due to non-compliance with the instructions for proper care, which were delivered to the customer together with the order, or published on the product page in the store
We cannot consider such damage as a manufacturing defect and in such cases the claim will be reasonably rejected.
III. Place of application of the rights from a liability for damage
The buyer is obliged to exercise the right from liability for defects without unnecessary delay after the defect appears (Section 18, paragraph 2 of the Consumer Protection Act). If the goods are still used by the buyer with a defect, as a result of which it cannot be removed, the claim will be reasonably rejected by the seller. The buyer applies the complaint in person at the Seller's premises or by sending the goods to the address of the seller's premises: KAMIMA DESIGN JEWELERY, Mýtna 48, 81107, Bratislava, Slovak Republic, t.no. 0907 376 038. In case of questions, you can contact us at: firstname.lastname@example.org.
IV. General terms of complaint
When submitting or sending goods for a claim, the customer is obliged to present proof of purchase to the seller, otherwise the goods cannot be accepted for a claim.
V. Terms of handling the complaint
1.The buyer is obliged to fill out the complaint form and confirm the delivery of the claimed goods with his signature. When presenting or sending goods for a claim, the customer is obliged to present a proof of purchase, which serves as a warranty card or a copy thereof. Otherwise, the goods cannot be accepted for a claim.
2. The Buyer is obliged to send the Seller an invoice, which serves as a warranty certificate and which he received with the ordered goods. Otherwise, it is not possible to withdraw from the contract, nor to accept the goods for a claim.
3. If the consumer files a complaint, the Seller, or an employee authorized by him, or a designated person, is obliged to determine the method of handling the complaint (according to § 2 letter m of the Act on Consumer Protection) no later than 30 days from the day of the complaint. After determining the method of processing the claim, the claim is processed immediately, in justified cases, the claim can be processed later; however, processing of the claim may not take longer than 30 days from the date of application of the claim. After the expiry of the deadline for processing the complaint, the consumer has the right to withdraw from the contract. The equipment of the complaint is the termination of the complaint procedure according to Art. V. 12 of the Complaints Procedure, a written invitation to take over performance or its justified rejection (§2 letter m) of the Act on Consumer Protection.
4. The seller is obliged to issue a written statement about the handling of the complaint no later than 30 days from the date of application of the complaint (§ 18, paragraph 9 of the Consumer Protection Act).
5. If it is a defect that can be removed, the Buyer has the right to its free, timely and proper removal. The Seller decides on the method of removing the defect and is obliged to remove the defect without undue delay (§ 622, paragraph 1 of the Civil Code)
6. In the case of an authorized exchange, the Buyer may, instead of removing the defect, demand the exchange of the goods, or if the defect concerns only a part of the goods, the exchange of this part, if this does not result in disproportionate costs for the Seller considering the price of the goods or the severity of the defect (§ 622, paragraph 2 of the Civil Code) .
7. Instead of removing the defect, the seller can always replace the defective goods with a flawless one, if this does not cause serious difficulties for the buyer (§ 622, paragraph 3 of the Civil Code).
8. If, in the case of a justified complaint, it is a defect that cannot be removed and which prevents the item from being properly used, as a defect-free item, the Buyer has the right to exchange the item, or has the right to withdraw from the contract. The same rights belong to the Buyer if the defects can be removed, but if the Buyer cannot properly use the item due to the reappearance of the defect after repair or due to a larger number of defects (§ 623, paragraph 1 of the Civil Code).
9. If it is an irreparable defect that does not prevent the proper use of the goods, the Buyer has the right to a reasonable discount on the price of the product.
10. The seller is obliged to handle the complaint and end the complaint procedure in one of the following ways:
- by handing over repaired goods,
- by exchanging goods,
- by returning the purchase price of the goods,
- by paying a reasonable discount on the price of the goods,
- by justified refusal of warranty claim of the goods.
11. The seller reserves the right to a possible refund for the claimed goods by bank transfer.
VI. Returns or change of purchased goods
After 14 days have passed since the delivery of the goods, the consumer cannot withdraw from the contract, the subject of which is the sale of goods that are not suitable to return due to health protection or hygiene reasons (these are jewelry purchased from the operator of the online store kamimadesign.com), and for the above-mentioned reasons, which cannot be reliably determined by any means on both parties concerned without causing damage to the seller, which is claimable under the Fourth Section Special Provisions on the Sale of Goods in Trade (Consumer Purchase Contracts), Quality and Quantity, § 617.