I. General Provisions

The Complaints Procedure is an integral part of the General Terms and Conditions (hereinafter referred to as "GTC") of the seller and describes the procedure for handling complaints about goods acquired from the seller.
The buyer, who may be a business or a consumer, is obliged to familiarize themselves with the Complaints Procedure and the General Terms and Conditions before placing an order. At the same time, the buyer acknowledges that they are obliged to provide the seller with the necessary cooperation required to process the complaint; otherwise, the deadlines are appropriately extended by the time during which the buyer did not provide the required cooperation.
By concluding a purchase agreement and accepting the goods from the seller, the buyer agrees to this Complaints Procedure. The definitions of terms contained in this Complaints Procedure take precedence over definitions in the GTC. If this Complaints Procedure does not define a term, it is understood in the sense in which it is defined in the GTC. If not defined there either, it is understood in the sense in which valid and effective legal regulations use it.
For entrepreneurs, the moment of taking over the goods is the moment of its handover by the seller to the buyer or the first carrier. In the case of a consumer, the moment of taking over the goods is when the consumer takes possession of the goods from the seller or from the carrier.

II. Warranty Period

As proof of warranty, the seller issues a purchase document (invoice) with all the necessary information required by law for the warranty claim (especially the name of the goods, warranty period, price, quantity, serial number) for each purchased item.
Upon the explicit request of the buyer, the seller will provide a written warranty (warranty certificate). However, if the nature of the item allows, the seller issues a document confirming the purchase of the item, containing the required information, instead of a warranty certificate.
If necessary due to the provided warranty, the seller will explain the content of the warranty in a comprehensible manner in the warranty certificate, stating its scope, conditions, validity period, and how to claim the rights arising from it. The warranty certificate also states that providing a warranty does not affect the buyer's rights related to the purchase.
The extended warranty must always comply with the warranty conditions specified by the manufacturer and any related advertising. In such a case, the warranty certificate always includes the above-mentioned details and is issued in accordance with the above conditions.

Legal warranty periods for consumers:

The warranty period starts running on the day of taking over the goods by the buyer.

The warranty period is:
• 24 months for new goods, unless a special legal regulation specifies a longer period;
• 21 months for refurbished goods (refurbished goods are used goods that have been inspected by our experts and labeled as such);
• 12 months for used goods (used goods are goods labeled as such, which are used or repaired without defects, with the completeness of the packaging not preventing the full use of the product).
For consumer goods (e.g., cosmetics, drugstore products, etc.), the buyer is entitled to exercise the right to claim for up to twenty-four (24) months. However, if the expiration date is not indicated on the goods, the period is reduced only to the date indicated on the packaging.
The duration of the warranty period is always indicated on the warranty certificate (in the warranty column). The warranty period consists of the statutory period (24 months) and any extended warranty period, but this does not mean the same as a specific "Extended Warranty," the conditions of which are governed exclusively by the conditions of the service provided by the seller.
The warranty period is further extended by the time the goods were under complaint. Rights arising from liability for defects for which the warranty period applies will expire if they were not claimed during the warranty period.
Complaints by consumer buyers during the statutory warranty period are governed by Act No. 40/1964 Coll., the Civil Code, and Act No. 250/2007 Coll., on Consumer Protection, both laws in their valid and effective wording, with reference to clarifications in this Complaints Procedure. In the case of an extended warranty period, complaints are governed exclusively by this Complaints Procedure.

III. Warranty Conditions

1. Inspection of goods upon receipt

The buyer, who is not a consumer, is obliged, and the consumer is recommended, to immediately check the condition of the shipment (number of packages, intactness of the tape with the company logo, box damage) along with the carrier, according to the attached shipping list. The buyer is entitled to refuse to accept a shipment that does not comply with the purchase agreement, stating that the shipment is incomplete or damaged. If the buyer accepts such a damaged shipment from the carrier, it is necessary to describe the damage in the carrier's handover protocol.
An incomplete or damaged shipment must be reported immediately by email to the address: claim@divinecosmetics.eu. The buyer should prepare a damage report with the carrier and send it to the seller without unnecessary delay by fax, email, or mail. Subsequent complaints about the incompleteness or external damage of the shipment do not deprive the buyer of the right to claim, but they complicate its settlement.

2. Claiming a Complaint

The place to file a complaint is DINO Slovakia, Ltd., Borekova 10, 821 06 Bratislava, or if the buyer is a consumer, they can submit a complaint at any "brick-and-mortar" store of the seller, if one has been established. However, if an authorized service is indicated in the warranty list of the product, located either at the seller's place or closer to the buyer, the buyer shall exercise their rights at the authorized service center.

In case the product was purchased by a buyer who is a business entity, the buyer must file the complaint directly at the authorized service. If not objectively possible, the buyer submits the complaint to the seller.

If the product has defects, and the buyer exercises the right to claim responsibility for the defects directly against the seller, the buyer fills out the complaint form published on the website www.divinecosmetics.eu and sends it to the seller's email at reklamacie@divinecosmetics.eu. The buyer must accurately specify the type and scope of the product's defects in the form. If, for any reason, the form cannot be sent, the buyer promptly contacts customer service at reklamacie@divinecosmetics.eu, which will send the complaint form to the buyer's email address.

The filled-out complaint form is then sent to the customer service email reklamacie@divinecosmetics.eu by the buyer.

The buyer also has the option to find the complaint form directly on the seller's website.

Upon receiving the complaint form, the seller will contact the buyer and agree on the next steps. The claimed product should be securely packaged to prevent damage during transportation. The package should include: the claimed product with its accessories, without which the claimed product cannot be used and diagnosed (however, it is recommended to attach complete accessories in any case). Before sending the claimed product to the seller, the buyer removes the original delivery labels. The seller recommends attaching a copy of the purchase receipt or any other suitable way to prove the product's warranty, a detailed description of the defect, and sufficient contact information of the buyer (especially return address and phone number). Without the above, the identification of the origin and the fault of the product is impossible. This procedure is recommended to the consumer buyer as well if not proven and documented otherwise. It is also advisable to choose the desired method of handling the complaint (repair, exchange, credit note).

The seller or authorized service will issue a written confirmation to the buyer about when the complaint was filed, its content, the desired method of handling the complaint, immediately after receiving the complaint. In case of a complaint, the confirmation is sent by email in all cases. The condition of the product when the buyer delivered it to the seller will be assessed during the complaint process.

A buyer who is not a consumer proves the validity of the warranty by presenting the purchase receipt, and if the product has been previously claimed, also provides a document about the complaint. The delivery document (purchase or complaint receipt) must have the same serial number as the claimed product (if the product has a serial number). This procedure is recommended to the consumer buyer as well if not proven and documented otherwise. The buyer is aware that if the claimed product, including all delivered accessories, is not provided, in the case of the buyer's withdrawal from the contract, the purchase price will be refunded to the buyer reduced by the price of the missing accessories.

3. Exclusions

By breaking the protective seal, informative label, or serial number, the buyer exposes themselves to the risk of rejecting the complaint unless the damage occurs during normal use. Seals and serial numbers are an integral part of the product and in no way limit the customer's right to use and manipulate it to the full extent of its intended purpose. The warranty does not apply to damages caused (if such activity is not usual and is not prohibited in the attached user manual):

  1. Mechanical damage to the product,

  2. Electrical surges (visibly burned components or circuit boards), except for normal deviations,

  3. Using the product in conditions that do not correspond to its temperature, dustiness, humidity, chemical, and mechanical influences of the environment determined directly by the seller or manufacturer,

  4. Unprofessional installation, handling, operation, or neglect of care for the product,

  5. If the product or its part is damaged by a computer virus, etc.,

  6. If the error only occurs in the software, for which the customer cannot demonstrate a legal way of acquisition, or the use of unauthorized software and consumables,

  7. The product was damaged by excessive stress or use contrary to the conditions stated in the documentation or general principles,

  8. Unauthorized intervention or parameter changes (unqualified intervention means any intervention by any person other than the seller or authorized service),

  9. The product, which was modified by the customer, if an error occurred due to this modification,

  10. The product was damaged by natural disasters or force majeure,

  11. Using the wrong or faulty software,

  12. Using the wrong or non-original consumables, and any damages resulting from it, unless such use is unusual and not excluded in the attached user manual. These limitations do not apply if the product's characteristics that are inconsistent with the above conditions have been expressly agreed upon, exchanged, or declared by the seller, or can be expected given the performed advertisement or the usual way of using the product.

4. Testing Defects

The product sent for complaint will be tested only for the defect specified by the buyer (in the complaint form, in the attached sheet with a description of the defect). A written form of presenting the defect is recommended, which also includes electronic communication.

If the buyer is a business entity and the complaint is rejected, the buyer acknowledges that the seller is entitled to invoice the buyer for the costs of the authorized service for diagnosing the defect and transportation according to the price list of that authorized service.

5. Contaminated Goods

The buyer exposes themselves to the risk of rejecting the complaint if the product or its part is contaminated or does not meet basic hygiene conditions.

IV. Method of Handling Complaints

  1. If the buyer is a consumer

Consumer rights when claiming statutory warranty:

a/ If it is a removable defect, the buyer has the right to:
- Free, proper, and timely removal of the defect
- Exchange of faulty goods or faulty parts if it is not unreasonable given the nature of the defect and the price of the goods,
- Exchange of the goods or withdrawal from the contract if the buyer cannot use the thing properly due to the recurrence of the defect after repair or a higher number of faults in the item. The recurrence of the defect is considered, in particular, if the same defect preventing normal use, which has been removed at least twice during the warranty period, occurs again. A higher number of defects means if the item has at least three defects preventing its proper use simultaneously. The seller may, instead of removing the defect, always exchange the defective item for a non-defective one if it does not cause the buyer significant difficulties.

b/ If it is an irreparable defect preventing the proper use of the product, the buyer has the right to:

- Exchange the defective product or withdraw from the purchase contract,

c/ If there are other irreparable defects and the consumer does not require the exchange of the item, they have the right to:
- A reasonable discount from the purchase price or withdrawal from the purchase contract,

d/ If it concerns an item sold at a lower price due to a defect that does not prevent its intended use, or a used item with a defect, the buyer has the right to:
-          Instead of exchanging the item, receive a reasonable discount,

e/ If a defect emerges later, which the seller did not notify the buyer about, the seller has the right to provide a reasonable discount on the purchase price corresponding to the nature and extent of the defect. If the defect makes the item unusable, the seller also has the right to withdraw from the contract. The choice of how to handle the complaint is made by the buyer. The seller will inform the buyer of the inappropriateness of the chosen option and propose a suitable method (especially if the buyer requires a method related to a removable error, but the seller finds it to be an irremovable error). If the consumer does not choose a method of handling the complaint within a reasonable period, the seller will choose it.

In the case of a discount, it is not possible to later complain about the product for the error for which the discount was provided. If the buyer is a consumer, the seller will decide on the complaint immediately, in complex cases within three working days. This period does not include the time reasonably necessary for a professional assessment of the error based on the type of product or service. The seller will process the complaint, including error correction, without undue delay, no later than 30 days from the date of the complaint. After this period, it is considered that the defect in the item really existed, and the consumer has the same rights as if it were an error that cannot be fixed. If the consumer asserts a complaint within the first 12 months of purchase, the seller can reject it only based on a professional assessment. The seller will provide the consumer with a copy of the professional assessment within 14 days of handling the complaint. If the seller rejects the complaint after 12 months from the purchase, he is obliged to indicate, on the basis of the document on the settlement, to whom the buyer can send the product for a professional assessment. If the consumer proves the seller's responsibility for the defect through a professional assessment, he can assert the complaint again. All costs associated with the professional assessment are borne by the seller, who is obliged to reimburse them to the consumer within 14 days from the date of the re-asserted complaint. A reasserted complaint cannot be rejected by the seller.

If a complaint about a product within the statutory warranty period is settled by exchanging the product for a new one, the warranty period starts again from the date of settling the complaint. The seller issues a written confirmation to the consumer stating when the complaint was made, its content, the desired method of handling the complaint, by email immediately upon receiving the complaint, further confirmation of the date and method of settling the complaint, including confirmation of the repair and the duration of the complaint, or the justification for rejecting the complaint.

The buyer has the right to reimbursement of necessary costs (especially postage paid when sending the advertised goods) incurred in connection with the exercise of justified rights from liability for defects (it is recommended to request within 30 days after handling the complaint - this legal deadline is not affected) and were actually and effectively incurred. In the case of withdrawal from the contract due to a defect in the item, the consumer also has the right to reimbursement of associated costs.

  1. If the buyer is an entrepreneur

The seller takes over the warranty for the quality of the sold goods for a warranty period of 12 months, except in cases where a shorter date of consumption is stated for the given goods (e.g., consumables, cosmetics, etc.). In this case, the shorter warranty period applies. The warranty for quality, as per the preceding paragraph, does not apply to used goods and discounted goods due to a defect that does not prevent its use for the intended purpose.

To assert claims for defects, the legal regulation of § 436 et seq. of the Commercial Code is applied. The seller handles the complaint in the same period as in the case of consumer buyers.

  1. Common provisions

After settling a justified complaint, the warranty period is extended by the duration of the complaint. In the case of an unjustified complaint, the warranty period is not extended. The duration of the complaint is counted from the day after the complaint is made until the day of settling the complaint, i.e., the time when the buyer was obliged to take over the item. The customer is informed by email about the settlement, which he provided when purchasing. After settling the complaint, the seller notifies the buyer of the end of the complaint either by phone, SMS, or email, and no later than 30 days from the date of the complaint, the seller issues a written confirmation of the settlement of the complaint. If the goods were sent by a carrier, they will be automatically sent to the buyer's address after settling.

The buyer is obliged to check the received goods and their compliance with the handover protocol of the complaint. The buyer will also check the completeness of the goods, especially whether the packaging contains everything it should. Later objections will not be considered. These arrangements do not affect the statutory deadline for asserting rights from defective performance. If the complaint about the goods within the statutory warranty period is settled by exchanging the goods for a new one, the warranty period is extended by the duration of the complaint. If the advertised goods are not picked up within one month from the expiration of the deadline when the complaint should have been settled, and if it was settled later, within one month from the notification of its settlement (usually within 60 days from the date of filing the complaint), the seller is entitled to charge the buyer for storage in the amount of €0.5 per day, including VAT.

VI. Final provisions

This complaint order is valid from 20.02.2024 and is available at the seller's headquarters and on its website www.divinecosmetics.eu.