RETURN POLICY

COMPLAINTS POLICY

Of the belinkabeauty.com Online Store

1. Identification of the Seller

 

1.1.This Complaints Policy (hereinafter also "CP") governs the legal relations between the company

 

Business name: TolTech s. r. o.
Registered office: Tolstého 5, Bratislava - mestská časť Staré Mesto 811 06, Slovak Republic

Registered in the Commercial Register of the District Court Bratislava III, Section Sro, Entry No. 174556/B
ID No.: 55909248

VAT ID: 2122133519
Bank account: SK17 1100 0000 0029 4716 1965

The Seller is not a VAT payer

 

(hereinafter also "Seller" or "Trader") and any person who is a Buyer of products offered by the Seller on the Seller's Website, and who acts as a consumer in the sense of further provisions of these General Terms and Conditions and relevant laws defining a consumer, within the valid legislation of the Slovak Republic, in particular acts: Act No. 108/2024 Coll. on consumer protection and on amendment and supplementation of certain acts as amended, Act No., Act No. 40/1964 Coll. Civil Code as amended, with the exception stated in point 4.4 of this Complaints Policy, which regulates the legal relationship between the Trader and the Buyer who does not act as a consumer.

 

1.2.The Seller's email and phone contact is:

 

Email: info@belinkabeauty.com

Tel. no.: +421910617138

 

1.3The address for sending correspondence, complaints, withdrawals from contracts is:

 

TolTech s. r. o., Obchodná ulica 1718/4, 93041 Hviezdoslavov, Slovak Republic

 

1. Basic Provisions

 

2.1.This Complaints Policy regulates the legal relations between Buyers who are consumers and the Trader.

III. Exercise of Rights from Liability for Defects

3.1.The Buyer may exercise rights from liability for defects only if they complained about the defect to the Seller without undue delay, no later than within 24 months from the acceptance of the item. If the defect is not complained about within this period, the rights from liability for defects shall cease.

 

1. Liability for defects

4.1.The Seller is responsible for any defect that the sold item has at the time of its delivery and which manifests itself within two years from the delivery of the item.

4.2.If the subject of the purchase is an item with digital elements, for which digital content is to be delivered or a digital service is to be provided continuously for the agreed period, the seller is responsible for any defect in the digital content or digital service that occurs or manifests itself throughout the agreed period, but at least for two years from the delivery of the item with digital elements.

4.3.In the case of a used item, the parties may agree on a shorter period of the seller's liability for defects than in paragraphs 4.1 and 4.2, but not shorter than one year from the delivery of the item.

4.4.The Seller is responsible for any defect that the sold item has at the time of its delivery to the Buyer, and which manifests itself within 6 months from the delivery of the item, in cases where the Buyer does not act as a consumer.

1. Rights from liability for defects

5.1.If the seller is liable for a defect in the sold item, the buyer has the right to have the defect removed by repair or replacement, the right to a reasonable discount from the purchase price, or the right to withdraw from the purchase contract.

5.2.The Buyer may refuse to pay the purchase price or part thereof until the Seller fulfils its obligations arising from liability for defects, unless the Buyer is in default with the payment of the purchase price or part thereof at the time of defect notification. The Buyer shall pay the purchase price without undue delay after the Seller has fulfilled its obligations.

5.3.The Buyer may exercise rights from liability for defects, including the right according to point 5.2, only if they complained about the defect within two months of discovering the defect, and no later than the expiry of the period specified in points 4.1 to 4.3 of this Complaints Policy.

5.4.The exercise of rights arising from liability for defects does not exclude the buyer's right to compensation for damage incurred as a result of the defect.

1. Complaint about a defect

6.1.A defect can be complained about at any of the seller's establishments, to another person about whom the seller informed the buyer before concluding the contract or before sending the order, or by means of distance communication at the address of the seller's registered office or place of business, or at another address about which the seller informed the buyer when concluding the contract or after concluding the contract.

6.2.If the buyer complained about a defect via postal delivery, which the seller refused to accept, the shipment is considered delivered on the day of refusal.

6.3.The seller shall provide the buyer with a written confirmation of the complaint about the defect immediately after the buyer complains about the defect. In the confirmation of the complaint about the defect, the seller shall state the period within which the defect will be rectified in accordance with § 507 par. 1, Act No. 40/1964 Coll. Civil Code as amended. The period notified according to the previous sentence must not be longer than 30 days from the day of the complaint about the defect, unless a longer period is justified by an objective reason that the seller cannot influence.

6.4.If the seller refuses liability for defects, the reasons for refusal shall be notified to the buyer in writing. If the buyer proves the seller's liability for the defect by an expert opinion or professional statement issued by an accredited person, an authorized person or a notified person, they may complain about the defect repeatedly, and the seller cannot refuse liability for the defect; § 621 par. 3, Act No. 108/2024 Coll. on consumer protection and on amendment and supplementation of certain acts as amended, does not apply to repeated complaints about defects. The costs of the consumer associated with the expert opinion and professional statement are governed by § 509 par. 2 of Act No. 40/1964 Coll. Civil Code as amended.

6.5.If, before concluding the contract or, if the contract is concluded on the basis of the buyer's order, before sending the order, the seller informed the buyer that defects can also be complained about to another person, the action or omission of that person shall be considered as an action or omission of the seller for the purposes of liability for defects.

VII. Rectification of defects

7.1.The buyer has the right to choose to have the defect removed by replacing the item or by repairing the item. The buyer cannot choose a method of removing the defect that is not possible or that would cause disproportionate costs to the seller compared to the other method of removing the defect, taking into account all circumstances, especially the value that the item would have without the defect, the seriousness of the defect, and whether the other method of removing the defect would cause significant inconvenience to the buyer.

7.2.The seller may refuse to remedy the defect if neither repair nor replacement is possible or if it would incur disproportionate costs taking into account all circumstances, including the circumstances under point 7.1. second sentence.

7.3.The seller shall repair or replace the item within a reasonable time after the buyer has complained about the defect, free of charge, at its own expense and without causing significant inconvenience to the buyer, taking into account the nature of the item and the purpose for which the buyer requested the item.

7.4.For the purpose of repair or replacement, the buyer shall hand over or make the item available to the seller or a person according to § 622 par. 5 of Act No. 108/2024 Coll. on consumer protection and on amendment and supplementation of certain acts as amended. The costs of taking over the item shall be borne by the seller.

7.5.The seller shall deliver the repaired item or replacement item to the buyer at its own expense by the same or a similar method as the buyer delivered the defective item to them, unless the parties agree otherwise. If the buyer does not take over the item within six months from the day they were supposed to take it over, the seller may sell the item. If it is an item of higher value, the seller shall notify the buyer in advance of the intended sale and provide them with a reasonable additional period to take over the item. The seller shall immediately after the sale pay the buyer the proceeds from the sale of the item after deducting the costs reasonably incurred for its storage and sale, if the buyer exercises the right to a share of the proceeds within a reasonable period specified by the seller in the notice of the intended sale of the item. The seller may destroy the item at its own expense if it could not be sold or if the estimated proceeds from the sale will not even cover the costs that the seller reasonably incurred for the storage of the item and the costs that the seller would have to necessarily incur for its sale.

7.6.When remedying a defect, the seller shall ensure the removal of the item and the installation of the repaired item or replacement item if the replacement or repair requires the removal of the defective item that was installed in accordance with its nature and purpose before the defect manifested itself. The seller and the buyer may agree that the buyer will ensure the removal of the item and the installation of the repaired or replacement item at the seller's expense and risk.

7.7.When remedying a defect by replacing the item, the seller has no right to compensation for damage caused by normal wear and tear of the item and no right to payment for the normal use of the item before its replacement.

7.8.The seller is responsible for defects in the replacement item in accordance with § 619 of Act No. 108/2024 Coll. on consumer protection and on amendment and supplementation of certain acts as amended.

7.9.The Buyer has the right to a reasonable discount from the purchase price or may withdraw from the purchase agreement even without providing an additional reasonable period according to § 517 par. 1, Act No. 40/1964 Coll. Civil Code as amended, if

a) the seller has not repaired or replaced the item,

b) the seller has not repaired or replaced the item in accordance with § 623 of Act No. 40/1964 Coll. Civil Code as amended,

c) the seller refused to remedy the defect according to § 623 of Act No. 40/1964 Coll. Civil Code as amended,

d) the item has the same defect despite repair or replacement of the item,

e) the defect is of such a serious nature that it justifies an immediate discount from the purchase price or withdrawal from the purchase agreement, or

f) the seller has declared or it is evident from the circumstances that they will not remedy the defect within a reasonable period or without causing significant inconvenience to the buyer.

7.10.The discount from the purchase price must be proportionate to the difference between the value of the sold item and the value the item would have if it were free of defects.

7.11.The Buyer cannot withdraw from the purchase contract according to point 7.9. if the buyer contributed to the creation of the defect or if the defect is negligible. The burden of proof that the buyer contributed to the creation of the defect and that the defect is negligible rests with the seller.

7.12.If the contract concerns the purchase of multiple items, the buyer may withdraw from it only in relation to the defective item. In relation to other items, they may withdraw from the contract only if it cannot be reasonably expected that they will be interested in keeping the other items without the defective item.

7.13.After withdrawing from the contract or part thereof, the buyer shall return the item to the seller at the seller's expense. The seller shall ensure the removal of the item that was installed in accordance with its nature and purpose before the defect manifested itself. If the seller does not remove the item within a reasonable period, the buyer may arrange for the removal and delivery of the item to the seller at the seller's expense and risk.

7.14.After withdrawing from the contract, the Seller shall return the purchase price to the Buyer no later than 14 days from the date of return of the item to the Seller or after proving that the Buyer has sent the item to the Seller, whichever occurs earlier.

7.15.The Seller shall return the purchase price to the Buyer or pay the Buyer a discount from the purchase price in the same manner used by the Buyer when paying the purchase price, unless the Buyer explicitly agrees to a different method of payment. All costs associated with the payment shall be borne by the Seller.

7.16.The seller has no right to compensation for damages caused by normal wear and tear of the item and no right to payment for the normal use of the item before withdrawal from the purchase contract.

VIII. Liability for defects in digital performance

8.1.The Trader is responsible for any defect that the digital performance has at the time of its delivery and which manifests itself within two years from its delivery, if it is a digital performance that is delivered once or as a set of individual performances.

8.2.The Trader shall remedy the defect in the digital performance within a reasonable time after the consumer has complained about the defect, free of charge and without causing significant inconvenience to the consumer, taking into account the nature of the digital performance and the purpose for which the consumer requested the digital performance.

8.3.The Trader may refuse to remedy the defect if rectification is not possible or if it would cause disproportionate costs, taking into account all circumstances, especially the value that the digital performance would have without the defect and the seriousness of the defect.

1. Liability for defects in services

9.1.The contractor is responsible for defects that the item has upon its acceptance by the ordering party.

 

9.2.If a defect manifests itself within 24 months from the day the ordering party was supposed to take over the item, it is presumed that it is a defect that the item already had at the time of takeover. This does not apply if the opposite is proven or if this presumption is incompatible with the nature of the item or the defect.".

 

1. Final Provisions

10.1.This Complaints Policy forms an integral part of the General Terms and Conditions and the Privacy Policy and Statement of this Website. The documents - General Terms and Conditions and Privacy Policy and Statement of this Website are published on the domain of the Seller's Website.

10.2.This Complaints Policy is valid and effective from the moment of its publication on the Seller's Website on 01.07.2024

 

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