Complaints Procedure

Seller’s declaration

Customer satisfaction is our top priority and we assure you that we will do everything we can to achieve this goal.

GARJEZ s.r.o., Tolstého 5, 81106 Bratislava, ID: 54382238, registered in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No. 159183/B, (hereinafter also referred to as the "Seller"), in accordance with Act No. 250/2007 Coll. 372/1990 Coll. on offences, as amended (hereinafter referred to as "ZOS"), as well as other generally binding legal regulations, issues this Complaints Procedure (hereinafter referred to as "Complaints Procedure"):

 

Article 1 - Introductory provisions

  1. The Complaints Procedure defines the rights and obligations of the Buyer and the Seller in connection with complaints of goods and/or services sold and/or provided by the Seller, including the terms and conditions and the method of the Goods Complaint.
  2. Definitions of terms used in the Complaints Procedure:

a. The Seller is a person who, when concluding and performing a Purchase or Consumer Contract, acts within the scope of his business or profession, or a person acting on his behalf or on his behalf. For the purposes of these Complaints Regulations, the Seller is GARJEZ s.r.o., Tolstého 5, 81106 Bratislava, ID: 54382238, registered in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No. 159183/B, (hereinafter also referred to as the "Seller").

b. The Buyer is a natural person who, when concluding and executing the Purchase Contract, is not acting within the scope of his/her business activity, employment or profession, and at the same time (a) with whom the Seller has or has had a Purchase Contract concluded (hereinafter also referred to as the "Buyer").

c. Goods means one or more movable items, most commonly a handbag or other movable item, which the Seller offers for sale on its Website and which is the subject of a Purchase Contract (hereinafter also referred to as "Goods").

d. Complaint means an action initiated by the Buyer, by which the Buyer disputes defects, quality or functionality of the Goods (hereinafter also referred to as "Complaint")

e. The Complaint Protocol is a form available on the Website by which the Buyer exercises its right to make a Complaint HERE 

f. "Purchase Contract" means an obligation the draft of which is created by the Buyer's order. The Purchase Contract itself is concluded at the moment of receipt of the Seller's binding acceptance of this proposal - confirmation of the order by the Seller. From this moment, mutual rights and obligations arise between the Buyer and the Seller.

g. "Website" means the Seller's website: www.garjez.com

  1. The subject of the Purchase Agreement is the Goods offered for sale by the Seller on its Website. Before purchasing the Goods, the Buyer shall carefully assess its needs, in particular the type and size of the Goods, and shall take into account the purpose of use of the Goods, the design, material composition and method of treatment of the Goods.
  2. The Buyer must be aware that the prerequisites for the long life of the Goods, their functionality and the fulfilment of the utility value of the Goods are in particular (a) the correct choice of the Goods, (b) the correct use of the Goods for their intended purpose, (c) the correct and regular care and maintenance of the Goods.  
  3. The Buyer's failure to follow the instructions directly on the label of the Goods and in the description on the website, exposure to extreme weather and other influences, insufficient or improper care, use for improper purpose, may result in a reduction in the durability and/or functionality of the Goods, their damage or destruction.
  4. The life of the Goods depends on the intensity and frequency of their use, maintenance and care by the Buyer. The life of the Goods cannot be confused with the warranty period.

 

Article 2 - Complaint conditions

  1. The warranty period for the Goods shall be 24 months and shall commence from the date of receipt by the Buyer, subject to any exceptions provided for by law.
  2. The Buyer shall have the right to claim the Goods if, upon receipt of the Goods, the Buyer discovers that the Goods are defective or if the defects occur within the warranty period.
  3. A defect in the Goods means a change in the Goods or in their properties due to the use of unsuitable or poor quality material, failure to comply with the manufacturing technology or the use of unsuitable technology or the use of an unsuitable design.
  4. The Seller shall be liable for defects in the Goods upon their acceptance by the Buyer, as well as for defects that occur after acceptance of the Goods within the warranty period. 
  5. The Seller is responsible to deliver to the Buyer the Goods are free from defects, with the characteristics advertised on the Website. 
  6. A remediable defect in the Goods is defined as a defect that can be remedied by repair without affecting the appearance, functionality and quality of the Goods.
  7. An irremediable defect in the Goods means a defect which cannot be remedied or which, having regard to all the relevant circumstances, is not reasonably practicable to remedy.
  8. The Goods are made from materials of a natural nature which may be subject to certain changes.
  9. A defect in the Goods is not a change in the Goods during the warranty period as a result of wear and tear, improper use, improper, improper or irregular care and maintenance, as a result of natural changes in the materials from which the Goods are made, as a result of damage or other improper intervention (the conditions for the proper use and care of the Goods can be found HERE
  10. The Seller shall not be liable for any defects caused by the carrier of the Goods. On receipt of the Goods, the Buyer shall check that the packaging in which the Goods are packed is not damaged. In the event of obvious damage, a report on the defects found during transport must be drawn up with the carrier - courier service at the place of delivery of the Goods. If the Buyer accepts the Goods despite obvious damage to the packaging, the Seller shall not recognize any subsequent claims for this reason.

 

Article 3 - Complaints procedure

  1. The Buyer is entitled to make a Complaint in writing; the written form is preserved if the Complaint is made electronically by e-mail: info@garjez.com  optimally via the Complaint Form HERE
  2. The Buyer is obliged to send the claimed Goods to the Seller's delivery address GARJEZ s.r.o., J. Cajaka 11, Spisska Nova Ves, 05201, Slovakia, by registered post; the Buyer may also claim the Goods by personal delivery to this address.
  3. The claimed Goods must be complete, cleaned and hygienic. The Seller shall be entitled to refuse to accept the claimed Goods if they are dirty or not hygienic. Complained Goods which have been sent on delivery will not be accepted.
  4. Goods that are claimed or returned by the Buyer within the return period without giving a reason must be insured during transport.
  5. The Complaint must contain in particular (a) the Buyer's name and surname, date of birth, permanent address, correspondence address (if not identical with the permanent address), date and Order number; (b) the subject matter of the Complaint i.e. a more detailed description of the Complaint; (c) what the Buyer is claiming. The Complaint may also contain the Buyer's contact details in the range of telephone number and/or email address.
  6. If the Complaint does not contain all the data necessary for proper processing of the Complaint and/or the claimed Goods have not been sent, the Seller shall invite the Buyer to complete and deliver them. At the same time, the Seller shall instruct the Buyer that if the Buyer fails to complete the missing data or evidence within the specified period, which shall not be less than 7 calendar days, the Complaint shall be deemed unjustified.
  7. If the Complaint has been submitted by an unauthorised person, late, or the matter is pending or has been finally concluded in court or other proceedings, the Seller shall be entitled to reject the Complaint and shall notify the Buyer thereof in writing.

 

Article 4 - Complaint Deadline and Warranty Conditions

  1. A Complaint must be made without undue delay, no later than 30 calendar days from the date on which the fact which is the subject of the Complaint or is the cause of the Complaint occurred. The Seller shall issue the Buyer with a confirmation of the Claim.
  2. The warranty does not cover mechanical damage to the Goods by the Buyer, use of the Goods in inappropriate or unsuitable conditions, neglect of care of the Goods, improper handling and use of the Goods, improper care of the Goods.

 

Article 5 - Complaint handling

  1. At the same time as the confirmation of the Claim, the Seller shall instruct the Buyer of his rights, namely (a) the Buyer has the right to process the Claim in accordance with generally binding legal regulations and these Claims Regulations, in particular: (b) the Buyer has the right to decide which of the following rights he claims:
  2. The Buyer shall bear the costs associated with the Complaint, unless otherwise provided for in these Complaint Regulations or generally applicable law.
  3. If the Goods are subject to a Repairable Defect, the Buyer shall have the right to have the defect repaired free of charge, in a timely and proper manner.
  4. If there is a Non-removable defect in the Goods which prevents the Goods from being properly used as a thing without defect, the Buyer shall have the right to have the Goods replaced or to withdraw from the Purchase Contract; if there are other non-removable defects, the Buyer shall have the right to a reasonable discount on the Purchase Price.
  5. If the Goods are defective beyond repair, but the Buyer cannot properly use the Goods due to the recurrence of the defect after repair or due to a greater number of defects, the Buyer shall have the right to exchange the Goods or shall have the right to withdraw from the Purchase Contract.
  6. The Seller may always replace the defective Goods with faultless Goods instead of removing the defect.
  7. On the basis of the Buyer's decision which of the rights referred to in paragraph 1 of this Article is exercised, the Seller is obliged to determine the manner of handling the Complaint immediately, in complex cases no later than within 3 working days from the date of filing the Complaint, in justified cases, in particular if a complex assessment of the condition of the Goods is required, no later than within 30 calendar days from the date of filing the Complaint.
  8. 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 take longer than 30 calendar days from the date of the Complaint.
  9. If the Buyer has made a Claim for Goods within the first 12 months of purchase, the Seller may only reject the Claim on the basis of a professional assessment; regardless of the outcome of the professional assessment, the Buyer may not be required to pay the costs of the professional assessment or any other costs associated with the professional assessment. The Seller shall provide the Buyer with a copy of the professional assessment justifying the rejection of the Complaint no later than 14 calendar days from the date of the Complaint. This is without prejudice to the Seller's obligation under paragraph 6 of this Article of the Complaints Procedure.
  10. If the Buyer has made a Complaint for the Goods after 12 calendar months from the date of purchase and the Seller has rejected the Complaint, the person who has settled the Complaint shall be obliged to indicate in the document on the settlement of the Complaint to whom the Buyer may send the product for professional assessment. If the Product is sent to a designated person for expert assessment, the costs of the expert assessment as well as all other related costs reasonably incurred shall be borne by the Seller regardless of the outcome of the expert assessment. If the Buyer proves the Seller's liability for the defect by the expert assessment, the Buyer may reassert the Claim; the warranty period shall not expire while the expert assessment is being carried out. The Seller is obliged to reimburse the Buyer within 14 calendar days from the date of reasserting the Claim for all costs incurred for the professional assessment as well as all related costs reasonably incurred. A reasserted Claim cannot be rejected.
  11. The Seller shall notify the Buyer of the outcome of the Complaint in writing. The written form shall be maintained even if the outcome of the Complaint is notified electronically.
  12. If the Buyer does not agree with the result of the Complaint, the Buyer shall be entitled to file another Complaint against the Seller within 30 calendar days of the notification of the result of the Complaint. The provisions of these Complaint Regulations shall apply to the further Complaint under the preceding sentence, except for the possibility of its review by a further Complaint against the Seller. This is without prejudice to the provision of paragraph 7 of this Article of the Complaints Procedure.
  13. If the Buyer does not agree with the settlement of the Complaint, he/she shall be entitled to pursue his/her claims in court. The settlement of the Complaint is without prejudice to the Buyer's right to compensation for damages under generally binding legislation.

 

Article 6 - Final Provisions

  1. If the Buyer believes that the Seller has violated generally binding legal regulations, he is entitled to turn to:
  1. the Central Inspectorate of the Slovak Trade Inspection, P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava
  2. the SOI Inspectorate for the Bratislava Region Bajkalská 21/A, P.O. Box No. 5, 820 07 Bratislava, Department of Technical Product Inspection and Consumer Protection
  3. other supervisory authorities
  1. Relations between the Buyer and the Seller, which are not regulated by these Complaints Regulations, are governed by the concluded Purchase Contract, the Seller's General Terms and Conditions, the GTC, Act No. 40/1964 Coll., the Civil Code, as amended, and generally binding legal regulations in force in the state of the registered office of GARJEZ s.r.o. - Slovakia.
  2. In the event that any of the provisions of these Complaint Regulations are found to be invalid or unenforceable, in whole or in part, the validity and enforceability of the other provisions and the remaining parts of the relevant provision shall remain unaffected thereby. The provisions of the relevant legislation shall apply instead of the invalid, ineffective and unenforceable provisions
  3. The Seller shall be entitled to amend these Complaints Regulations following a change in generally applicable law or in its commercial policy. The amendment to the Complaints Procedure shall be made by publishing the amended Complaints Procedure with a statement of its effectiveness no later than the date on which it is to come into force.
  4. For the avoidance of doubt, these Complaints Regulations do not apply to purchasers in the capacity of a natural person-entrepreneur and a legal entity.
  5. The Complaints Procedure is on the Seller's website: www.garjez.com
  6. These Complaints Procedure shall enter into force on 1 May 2022.