Complaints Procedure for the online store www.StitchArtPhoto.com, including all second-level domains

1. General Provisions

1.1.This complaints procedure is issued in accordance with Act No. 40/1964 Coll., the 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 “Consumer Protection Act”), Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services based on a Contract Concluded at a Distance or a Contract Concluded Outside the Seller’s Premises as amended, and Act No. 22/2004 Coll. on Electronic Commerce as amended. It governs the legal relationship between the Seller, who is:

1.2. The Seller is:

Business name: Anna Banášová

Registered office: Hoste č.d. 177, 92545, Slovak Republic

Company ID: 54198569

Tax ID: 8037952474

Bank account: SK1211000000002948115274

The Seller is not a VAT payer.

(hereinafter referred to as the “Seller”) and any person who is a buyer of goods or services offered by the Seller in the Seller’s online store, and who acts in the capacity of a consumer in accordance with the provisions of these General Terms and Conditions and applicable laws defining consumers, in accordance with the valid legislation of the Slovak Republic, especially Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services based on a Contract Concluded at a Distance or a Contract Concluded Outside the Seller’s Premises and Act No. 250/2007 Coll. on Consumer Protection as amended.

1.3.The email contact for the Seller is: Email: anna@stitchartphoto.com

1.4.The address for sending correspondence, complaints, withdrawal from contracts, etc. is: Anna Banášová, Hoste č.d. 177, 92545, Slovak Republic

1.5.This Complaints Procedure regulates the rights and obligations of the Buyer, who is a consumer when exercising rights regarding defects in goods or services in accordance with the concluded purchase contract at a distance with the Seller through the Seller’s online store http://www.stitchartphoto.com, including all second-level domains.

1.6.The Buyer is any person (natural or legal) who has submitted an order through the electronic order form using the Seller’s website, or through other remote communication means.

1.7. A consumer is a Buyer who is a natural person and who, when concluding a purchase contract through the Seller’s online store, does not act within the scope of his or her business activities.

1.8. This complaints procedure regulates the legal relationships between Buyers who are consumers and the Seller.

1.9. Legal relationships arising from the exercise of rights related to liability for defects between the Seller and Buyers who are legal persons or natural persons acting within the scope of their business activities (persons who are not in the position of a consumer) are governed by Act No. 513/1991 Coll., the Commercial Code as amended.

2. Buyer’s Rights Regarding Defective Goods.

2.1 Products (hereinafter referred to as “Goods”) are items or services that are intended for sale and are also published in the Seller’s online store.

    2.2. The relationships arising from the Seller’s liability for defects in goods or services (as well as other legal relationships that may arise from the contractual relationship) with natural persons who do not act within the scope of their business activities when concluding a purchase contract (consumers) are governed, in addition to the general provisions of Act No. 40/1964 Coll., the Civil Code as amended, by specific regulations, particularly Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services Based on a Distance Contract or a Contract Concluded Outside the Seller’s Business Premises and Act No. 250/2007 Coll. on Consumer Protection.

2.3 Legal relationships arising from the exercise of rights related to liability for defects between the Seller and the Buyer, who is a legal entity or a natural person acting within the scope of their business activities (persons who are not in the position of consumers), shall be governed by Act No. 513/1991 Coll. Commercial Code as amended.

2.4 According to §3, paragraph 1, letter n) of Act No. 102/2014 Z. the Seller informs the consumer that there are no special applicable codes of conduct to which the seller has committed to comply, where a code of conduct refers to an agreement or a set of rules that define the behavior of the seller, who has committed to adhere to this code of conduct in relation to one or more specific business practices or industries, unless these are established by law or another legal regulation or measure of a public authority, which the seller has committed to follow, and the manner in which the consumer can become acquainted with them or obtain their wording.

3. Seller’s Liability for Product Defects (Goods and Services)

3.1. The Seller is obligated to deliver the goods or services in accordance with the concluded purchase agreement, i.e., in the required quality, quantity, and free from defects (factual or legal).

3.2. The Seller is liable for defects that the sold goods or services have upon acceptance by the Buyer. If the goods are not used, the Seller is responsible for defects that arise after the goods are accepted during the warranty period (warranty). It is recommended that the Buyer report any defects in the goods or services to the Seller without undue delay. For used goods, the Seller is not liable for defects arising from their use or wear and tear. For goods sold at a lower price, the Seller is not liable for defects for which a lower price was agreed upon.

3.3. The Buyer has the right to inspect the sold goods or services before acceptance.

4. Warranty Period

4.1. The warranty period is 24 months. For used goods, the warranty period is 12 months. The warranty periods begin to run from the acceptance of the goods or services by the Buyer.

4.2. Unless the goods are perishable or used, the Seller is liable for defects that occur after the acceptance of the goods during the warranty period (warranty). The warranty period is 24 months. If the sold goods, their packaging, or the instructions attached specify a usage period, the warranty period will not expire before the end of this period.

4.3. In the case of used goods, the Buyer and Seller may agree on a shorter warranty period, but it must not be shorter than 12 months.

4.4. For goods intended for prolonged use, specific regulations establish a warranty period longer than 24 months. The warranty period exceeding 24 months may also relate to only certain components of the goods.

4.5. At the Buyer’s request, the Seller is obligated to provide a warranty in written form (warranty certificate). If the nature of the goods allows it, a purchase receipt may suffice instead of a warranty certificate.

4.6. By declaration in the warranty certificate issued to the Buyer or in advertising, the Seller may provide a warranty that exceeds the scope of warranties established by this law. In the warranty certificate, the Seller will specify the conditions and extent of this warranty.

4.7. The warranty periods begin to run from the acceptance of the goods by the Buyer. If the purchased goods are to be put into operation by someone other than the Seller, the warranty period will begin on the day the goods are put into operation, provided that the Buyer ordered the setup within three weeks of accepting the goods and duly and timely provided the necessary cooperation for the service to be performed.

4.8. If the Buyer is not a consumer, the provisions of the Commercial Code apply, and the warranty period is 1 year. The warranty period begins to run according to the provisions of Article IV, point 4.1 of this Warranty Procedure.

4.9. If the item is replaced with a new one, the warranty period will start anew from the acceptance of the new item.

4.10. If a part of a new item is replaced, where the nature of the goods allows it, the warranty period for that part will start anew from the acceptance of the new item.

4.11. Rights from liability for defects of the goods for which the warranty period applies will expire if they are not asserted within the warranty period.

4.12. The warranty period is extended by the time during which the goods were under complaint. Rights from liability for defects in the goods for which the warranty period applies will expire if they were not asserted within the warranty period.

4.13. In the case that the Buyer is a consumer, complaints within the statutory warranty period are governed by Act No. 40/1964 Coll., Civil Code, and Act No. 250/2007 Coll., on Consumer Protection, both laws in their valid and effective wording, taking into account the clarifications in this Warranty Procedure.

4.14. If the goods are replaced, the warranty period will start anew from the acceptance of the new item. The same applies if a component for which a warranty was provided is replaced.

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

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

5.1. The Buyer is entitled to exercise rights from liability for defects of goods, products, or services at the following address: Anna Banášová, Hoste č.d. 177, 92545, Slovakia. The Buyer can always submit a complaint in person at any business location of the company where it is possible to accept the complaint due to the nature of the matter, or at the company’s headquarters, or through third parties, such as courier services, postal services, etc.

When making a complaint, the Seller recommends that the Buyer attach the invoice, warranty certificate, or other documents proving the purchase of the complained product from the Seller. The Buyer is advised to describe the defect and explain how it manifests when exercising the complaint for the claimed item or service.

5.1.1. In case the Buyer complains about the goods or services other than in person, the Seller recommends that the Buyer send the goods along with a detailed description of the defect and proof of purchase from our store (for example, payment receipt, invoice, warranty certificate) to expedite the complaint process.

5.1.2. For complaints, it is recommended to send the goods via registered mail. The Seller advises against sending the goods by cash on delivery, which will not be accepted by the Seller.

5.1.3. The Seller is obliged to issue a confirmation to the consumer upon the submission of a complaint. If the complaint is submitted via distance communication means, the Seller is obliged to deliver the confirmation of the complaint submission 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 document on the complaint resolution. The confirmation of the complaint submission does not need to be delivered if the consumer can prove the submission of the complaint by other means.

5.1.4. The Seller is obliged to issue a written document on the resolution of the complaint no later than 30 days from the date of the complaint submission, but no later than together with the document on the complaint resolution if the time limit for its resolution started to run from the date of acceptance of the object of the complaint by the Seller.

5.2. The resolution of the complaint does not affect the consumer’s right to compensation for damages under a separate regulation.

5.3. The Seller is obliged to determine the manner of resolving the complaint according to § 2 letter m) of Act No. 250/2007 Coll. in its valid wording (the resolution of the complaint is understood as the conclusion of the complaint proceedings by returning the repaired product, replacing the product, refunding the purchase price of the product, paying a reasonable discount on the product price, a written request for the acceptance of performance, or its justified rejection) immediately, in complex cases no later than within 3 working days from the date of the complaint submission, in justified cases, especially if a complex technical assessment of the condition of the product or service is required, no later than within 30 days from the date of the complaint submission. After determining the manner of resolving the complaint, the complaint must be resolved immediately; in justified cases, the complaint can be resolved later; however, the resolution of the complaint must not take longer than 30 days from the date of the complaint submission. If the acceptance of the object of the complaint by the Seller occurs later than the day of the complaint submission, the time limits for resolving the complaint according to this paragraph start to run from the date of acceptance of the object of the complaint by the Seller; but no later than from the moment the Seller makes it impossible or prevents the acceptance of the object of the complaint. After the expiration of the time limit for resolving the complaint, the consumer has the right to withdraw from the contract or has the right to replace the product (the object of the complaint) with a new product.

5.4. If the consumer submits a complaint about the product within the first 12 months from the purchase, the Seller can resolve the complaint by rejection only based on expert assessment; regardless of the result of the expert assessment, the consumer cannot be required to pay for the costs of expert assessment or any 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 within 14 days from the resolution of the complaint.

5.5. If the consumer submits a complaint about the product after 12 months from the purchase and the Seller rejects it, the person who resolved the complaint is obliged to state in the complaint resolution document to whom the consumer can send the product for expert assessment. If the product is sent for expert assessment to the designated person, the costs of expert assessment as well as all other reasonably incurred related costs shall be borne by the Seller, regardless of the result of the expert assessment. If the consumer proves the Seller’s liability for the defect through the expert assessment, they can submit the complaint again; during the expert assessment, the warranty period does not run. The Seller is obliged to reimburse the consumer within 14 days from the re-submission of the complaint for all costs incurred for the expert assessment as well as all related reasonably incurred costs. The re-submitted complaint cannot be rejected.

5.6. The consumer has the right to reimbursement of necessary costs (especially postage) incurred when sending the complained goods related to exercising their legitimate rights from liability for defects in goods and services. In the case of withdrawal from the contract due to a defect in the item or service, the consumer also has the right to reimbursement of costs related to this withdrawal.

5.7. The requirements for expert assessment according to point 5.4 of this article are: The expert assessment must contain:
a) identification of the person performing the expert assessment,
b) precise identification of the assessed product,
c) description of the product’s condition,
d) result of the assessment,
e) date of the completion of the expert assessment.

5.8. If the nature of the product allows, the consumer shall hand over the product to the Seller (designated person) when exercising the complaint. If the nature of the product does not allow for the delivery of the product to the Seller (designated person), the consumer may request the defect to be remedied on-site where the product is located or they can agree with the Seller (designated person) on the method of transporting the product.

5.9. The period from exercising the rights from liability for defects until the time when the Buyer is obliged to take over the item after the repair is not included in the warranty period. The Seller is obliged to issue the Buyer a confirmation of when the right was exercised, as well as the performance of the repair and the duration of the repair.

6. Rights of the Buyer when Exercising Rights from Liability for Defects

6.1. If there is a defect that can be rectified, the Buyer has the right to have it removed free of charge, within a reasonable time, and properly. The Seller is obliged to remedy the defect without unnecessary delay.

6.2. The Buyer may demand a replacement of the item instead of the removal of the defect, or if the defect pertains only to a part of the item, the replacement of that part, provided this does not cause the Seller unreasonable costs in relation to the price of the goods or the severity of the defect.

6.3. The Seller may always replace the defective item with a non-defective one instead of removing the defect, as long as this does not cause serious difficulties for the Buyer.

6.4. If the defect cannot be rectified and prevents the item from being used properly as a defect-free item, the Buyer has the right to a replacement of the item or to withdraw from the contract. The same rights apply to the Buyer in cases of rectifiable defects if the Buyer cannot properly use the item due to the recurrence of the defect after repair or due to a greater number of defects.

6.5. In the case of other non-rectifiable defects, the Buyer has the right to a reasonable discount on the price of the item.

7. Final Provisions

7.1. This Complaint Procedure forms an integral part of the General Terms and Conditions and the Principles and Instructions on Personal Data Protection of this online store. The documents—General Terms and Conditions and the Principles and Instructions on Personal Data Protection—are published on the Seller’s online store domain.

7.2. In the event of changes to the Complaint Procedure, the relationship between the Buyer and the Seller shall be governed by the Complaint Procedure in effect at the time of concluding the Purchase Agreement, until its termination.

7.3. This Complaint Procedure is valid and effective upon its publication in the Seller’s online store on September 26, 2024.