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Complaints Procedure

I. General Provisions

1. The Complaints Procedure is an integral part of the General Terms and Conditions (hereinafter also referred to as "GTC") of the trader and describes the procedure for reporting defects and exercising rights related thereto /hereinafter also referred to as "complaint" in the appropriate grammatical form/ in connection with the purchase contract concluded between the trader and the buyer.
2. The buyer, who may be an entrepreneur, consumer or other person who is not a consumer or entrepreneur, is obliged to familiarize himself with the Complaints Procedure and the General Terms and Conditions before ordering the goods. At the same time, the buyer acknowledges that he is obliged to provide the trader with the cooperation necessary for handling the complaint.
3. By concluding a purchase contract and taking over the goods from the trader, the buyer agrees to this Complaints Procedure. The definitions of terms contained in this Complaints Procedure take precedence over the definitions in the GTC. If this Complaints Procedure does not define a term, it is understood in the meaning in which it is defined in the GTC. If it is not defined there either, it is understood in the meaning in which it is used by valid and effective legal regulations. 4. The acceptance of goods by buyers - entrepreneurs is the moment of its handover by the trader to the buyer, or to the first carrier. In the event that the buyer is a consumer, the goods are delivered at the moment when the buyer or a person designated by him takes them over, or when the trader hands them over to the carrier, who was appointed by the buyer outside the transport options offered to the buyer by the trader. If the delivery requires assembly or installation by the trader, the goods are considered delivered only upon completion of assembly or installation.
5. As a proof of warranty, the trader issues a purchase document (invoice) for each purchased item with all the data required by law for the application of the warranty (in particular, the name of the item, warranty period, price, quantity, serial number).
6. By agreement between the trader and the buyer or by a unilateral declaration of the trader, liability for defects may be determined according to stricter principles than those stipulated by law. The trader shall issue a special written confirmation to the buyer of the agreement or unilateral declaration (hereinafter also referred to as the "warranty certificate"). The warranty certificate shall contain the name and surname, the trade name or business name of the trader, its registered office or place of business, the designation of the item to which the warranty applies, the terms of the warranty and the procedure that the buyer must follow in order to achieve fulfillment of the warranty.
7. The extended warranty must always be in accordance with the warranty conditions given by the manufacturer and any related advertising, in which case the warranty certificate always contains the above-mentioned details and is issued in accordance with the above-mentioned conditions.

II. Complaints procedure (liability for defects, warranty, complaints) for the buyer - consumer

1. The trader is responsible for defects in the goods and the buyer - consumer is obliged to immediately submit a complaint to the trader in accordance with the valid complaints procedure. Information on service points for warranty and post-warranty service is provided on the back of the warranty certificate, or will be provided to the consumer upon request by phone or e-mail, if necessary.
2. The handling of complaints is subject to this Complaints Procedure, published on the trader's website www.divinecosmetics.eu. By checking the box before sending the order to the trader, the consumer confirms that he has read the Complaints Procedure and fully agrees with it, and at the same time confirms that he has been properly informed about the conditions and method of making a complaint about the goods, including information on where the complaint can be made and about the performance of warranty repairs.
3. The Complaints Procedure applies to goods purchased by the consumer from the trader in the form of an e-commerce on the trader's e-commerce website.
4. The Complaints Procedure in this form is valid for all business cases, unless other warranty conditions are contractually agreed.
5. During the warranty period, the consumer has the right to claim liability from the trader for defects in goods that show defects for which the manufacturer, supplier or trader is responsible, are covered by a warranty and were purchased from the trader, and if he proves that the goods were purchased from the trader and are within the warranty period (for example, proof of payment, warranty certificate, etc.).
6. The consumer is entitled to inspect the goods upon receipt of the goods. If he fails to do so, the trader is liable for defects in the goods discovered during this inspection if it is proven that the goods already had these defects at the time of receipt of the goods.
7. During the warranty period, the consumer has the right to have the defect removed free of charge upon presentation of the goods, including accessories, documentation, instructions, to an authorized representative of the trader, and proof that the goods were purchased from the trader and are within the warranty period (for example, proof of payment, warranty certificate, etc.).
8. The consumer may exercise rights from liability for defects, or request a complaint about the goods only if he has pointed out the defect to the trader within two months of discovering the defect, but no later than the expiry of the warranty period.
9. If the goods show defects, the consumer has the right to file a complaint at any of the trader's establishments by delivering the goods, including accessories, to the address DINO Slovakia, spol. s r.o., Borekova 10, 821 06 Bratislava, SR and filling out the complaint form and delivering it to the trader. The form shall be determined by the trader and its template shall be placed on the trader's website. The consumer is obliged to indicate in the form precisely the type and extent of the defects of the goods, as well as the time of discovery of the defect. The consumer has the right to file a complaint also with a person authorized by the manufacturer of the goods to carry out warranty repairs (hereinafter also referred to as the "designated person"). The list of designated persons is stated in the warranty certificate or sent to the consumer by the trader at his request.
10. The trader recommends that the consumer insure the shipment of goods. The trader does not accept goods sent on delivery.
11. The complaint procedure for goods that can be objectively delivered to the trader begins on the day when all of the following conditions are met:
a) delivery of the completed complaint form from the consumer to the trader,
b) delivery of the complained goods, including accessories, from the consumer to the trader. The complaint form can be downloaded from the trader's website www.divinecosmetics.eu. The above recommendation for submitting a complaint does not exclude the consumer from submitting a complaint in another way.
12. The trader is obliged to accept a complaint at any of its establishments where the acceptance of a complaint is possible, i.e. at its registered office or at a designated person.
13. At the place designated for accepting complaints according to these terms and conditions, the trader is obliged to ensure the presence of a person authorized to handle complaints.
14. If the trader is liable for a defect in the sold item, the consumer has the right to have the defect removed by repair or replacement, the right to an appropriate discount on the purchase price or the right to withdraw from the consumer contract, pursuant to Section 621, paragraph 1 of the Civil Code.
15. The trader or a designated person shall provide the consumer with a written confirmation of the claim for the goods or of the complaint about the defect without delay after the consumer has complained about the defect, in a suitable form chosen by the seller, e.g. in the form of an e-mail or in writing.
16. The guarantee does not apply to defects that the consumer was notified of by the trader at the time of conclusion of the contract, or of which, taking into account the circumstances under which the consumer contract was concluded, he or she should have known.
17. The warranty period is two years (unless a consumer warranty is provided for specific cases) and begins to run from the date of receipt of the goods by the consumer. If a period for the use of the goods is indicated on the goods, on their packaging or in the instructions in accordance with other legal regulations, the warranty period ends upon the expiration of this period. Defects in the goods and claims arising from defects in the goods must be asserted by the end of the warranty period. Upon expiration of the warranty period, the right to make a complaint ceases.
18. The warranty period for used goods is 1 year and begins to run from the date of delivery of the goods.
19. The trader shall indicate a reasonable period in the confirmation of receipt of the complaint within which to eliminate the defect. The period for eliminating the defect shall not exceed 30 days from the date of detection of the defect, unless a longer period is justified by an objective reason beyond the trader's control.
20. If the trader refuses to be liable for defects, he shall notify the consumer of the reasons for the refusal in writing. If the consumer proves the trader's liability for the defect by means of an expert opinion or an expert opinion issued by an accredited person, an authorized person or a notified person, he may repeatedly point out the defect and the trader may not refuse liability for the defect.
21. The consumer has the right to choose to have the defect removed by replacing the item or repairing the item. The consumer may not choose a method of removing the defect that is not possible or that, compared to the second method of removing the defect, would cause the trader unreasonable costs, taking into account all the circumstances, in particular the value that the item would have had without the defect, the seriousness of the defect and whether the second method of removing the defect would cause the consumer significant difficulties.
22. The trader may refuse to remove the defect if repair or replacement is not possible or would require unreasonable costs, taking into account all the circumstances.
23. The trader shall repair or replace the item within a reasonable period of time after the consumer has pointed out the defect, free of charge, at his own expense and without causing significant inconvenience to the consumer, taking into account the nature of the item and the purpose for which the consumer requested the item. For the purposes of repair or replacement, the consumer shall hand over or make the item available to the trader. The costs of taking over the item shall be borne by the trader.
24. In the event of exchanging goods for new ones, the consumer will receive a document stating the replaced goods, and any further complaints will be made on the basis of the original delivery note and this complaint document. In the event of exchanging goods for new ones, the warranty period will start again from the receipt of the new goods, but only for the new goods.
25. The right to free warranty repair shall expire:
a) by failure to present the warranty certificate, accessories or documentation of the goods,
b) failure to report obvious defects upon receipt of the goods,
c) expiry of the warranty period of the goods,
d) mechanical damage to the goods caused by the buyer,
e) use of the goods in conditions that do not correspond to the natural environment in terms of humidity, chemical and mechanical influences,
f) unprofessional handling, operation or neglect of care for the goods,
g) damage to the goods by excessive loading or use contrary to the conditions stated in the documentation,
h) general principles, technical standards or safety regulations valid in the Slovak Republic,
i) damage to the goods by unavoidable and/or unforeseeable events,
j) damage to the goods by accidental destruction and accidental deterioration,
k) unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity or other force majeure,
l) interference with the goods by an unauthorized person
26. The warranty does not apply to normal wear and tear of the item (or its parts) caused by use. A shorter product lifespan cannot therefore be considered a defect.
27. The trader shall deliver the repaired item or replacement item to the consumer at his own expense in the same or similar manner as the consumer delivered the defective item, unless the parties agree otherwise. If the consumer does not take over the item within six months of the date on which he was supposed to take it over, the trader may sell the item. If the item is of greater value, the trader shall notify the consumer of the intended sale in advance and provide him with a reasonable additional period for taking over the item. The trader shall immediately after the sale pay the consumer the proceeds from the sale of the item after deducting the costs that he reasonably incurred for its safekeeping and sale, if the consumer exercises his right to a share of the proceeds within a reasonable period specified by the trader in the notification of the intended sale of the item. The trader may destroy the item at his own expense if it has not been sold or if the expected proceeds from the sale are not sufficient to cover the costs that the trader reasonably incurred for the safekeeping of the item and the costs that the trader would necessarily have to incur for its sale.
28. In the event of exchanging goods for new ones, the consumer will receive a document stating the replaced goods, and any further complaints shall be made on the basis of the original delivery note and this complaint document. In the event of exchanging goods for new ones, the warranty period shall start again from the receipt of the new goods, but only for the new goods.
29. When eliminating a defect, the trader shall ensure the removal of the item and the installation of a repaired item or a replacement item, if the exchange or repair requires the removal of a defective item that was installed in accordance with its nature and purpose before the defect became apparent. The trader and the consumer may agree that the removal of the item and the installation of the repaired or replacement item shall be ensured by the consumer at the trader's expense and risk.
30. When eliminating a defect by exchanging an item, the trader shall not be entitled to compensation for damage caused by normal wear and tear of the item and to remuneration for normal use of the item before its replacement.
31. If the trader terminates the complaint procedure as a justified rejection of the complaint, but the product defect objectively exists and has not been eliminated, the consumer may exercise his right to have the defect of the goods removed through the court.
32. If the consumer was not satisfied with the trader's handling of the complaint or if the consumer contacted the trader with a request for redress and was not satisfied with the way in which the trader handled his complaint or if he believes that the trader has violated his rights, the consumer has the right to contact the trader with a request for redress. If the trader responds negatively to such a request or does not respond to it within 30 days from the date of its sending, the consumer has the right to submit a proposal to initiate alternative dispute resolution with the alternative dispute resolution entity. The alternative dispute resolution entity is "Slovenská obchodná inšpekcia, Bajkalská 21/1, P. O. Box č. 29, 820 07 Bratislava 27, SR" or other relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk). The consumer is entitled to choose the alternative dispute resolution entity to which he/she will turn.
33. The consumer has the right to a reasonable discount on the purchase price or may withdraw from the consumer contract without providing an additional reasonable period of time if
a) the trader has not repaired or replaced the item,
b) the trader has not repaired or replaced the item in accordance with Section 623(1), 4 and 6 of the Civil Code,
c) the trader has refused to remove the defect on the grounds that repair or replacement is not possible or would require disproportionate costs having regard to all the circumstances, in particular the value that the item would have had without the defect, the seriousness of the defect and whether another method of removing the defect would cause the consumer significant difficulties,
d) the item has the same defect despite the repair or replacement of the item,
e) the defect is of such a serious nature that it justifies an immediate discount on the purchase price or withdrawal from the consumer contract, or
f) the trader has declared or it is obvious from the circumstances that he will not remove the defect within a reasonable period of time or without causing serious difficulties for the consumer.
34. When assessing the consumer's right to a discount on the purchase price or withdrawal from the consumer contract, all circumstances shall be taken into account, in particular the type and value of the item, the nature and seriousness of the defect and the possibility of objectively requiring the consumer to trust in the trader's ability to remove the defect.
35. The discount on the purchase price must be proportionate to the difference between the value of the thing sold and the value that the thing would have if it were free of defects.
36. The consumer may not withdraw from the consumer contract if the consumer has contributed to the defect or if the defect is negligible. The burden of proof that the consumer has contributed to the defect and that the defect is negligible shall be borne by the trader.
37. If the contract concerns the purchase of several items, the consumer may withdraw from it only in relation to the defective item. In relation to the other items, he may withdraw from the contract only if he cannot reasonably be expected to be interested in keeping the other items without the defective item.
38. After withdrawing from the contract, the consumer shall return the item or part thereof to the trader at the trader's expense. The trader shall ensure the removal of the item that was installed in accordance with its nature and purpose before the defect became apparent. If the trader does not remove the item within a reasonable period, the consumer may ensure the removal and delivery of the item to the trader at the trader's expense and risk.
39. After withdrawal from the contract, the trader shall refund the purchase price to the consumer no later than 14 days from the date of return of the item to the trader or after proving that the consumer sent the item to the trader, whichever is the earlier.
40. The trader shall refund the purchase price to the consumer or pay him a discount on the purchase price in the same way as the consumer used to pay the purchase price, unless the consumer expressly agrees to another method of payment. All costs associated with the payment shall be borne by the trader.
41. The trader shall not be entitled to compensation for damage caused by normal wear and tear of the item and to remuneration for normal use of the item before withdrawal from the consumer contract.
42. If the subject of the purchase is an item with digital elements, in which digital content is to be supplied or a digital service is to be provided continuously during the agreed period, the seller shall be liable for any defect in the digital content or digital service that occurs or becomes apparent during the entire agreed period, but at least for two years from the delivery of the item with digital elements.
43. In the case of a used item with digital elements, the warranty period shall be one year from the delivery of the item.
44. An item with digital elements is considered to be, for example: smart TV or smart phone.
45. The trader is liable for a defect that was caused by incorrect assembly or installation of a good, digital content or digital service if
a) the assembly or installation was part of a consumer contract and was carried out by the trader or under his responsibility, or
b) the assembly or installation that the consumer was supposed to carry out was carried out incorrectly by the consumer due to deficiencies in the assembly or installation instructions provided to him by the trader or the supplier of the digital content or digital service.
46. The trader is not liable for a defect in a good with digital elements that was caused exclusively by the failure to install an update pursuant to Section 617(3) of the Civil Code, if the consumer did not install the update within a reasonable period after its delivery and
a) the trader informed the consumer about the availability of the update and the consequences of not installing it, and
b) the failure to install or incorrect installation of the update by the consumer was not caused by deficiencies in the installation instructions provided.

III. Complaints procedure (liability for defects, warranty, complaints) for the buyer - entrepreneur

When purchasing through an e-shop, an entrepreneur (legal entity or sole proprietor) does not have the right to return the goods without giving a reason within 14 days unless the seller expressly allows it. Unless otherwise agreed in the contract, the seller's liability is limited to defects that the goods had upon receipt. When purchasing goods by an entrepreneur, complaints are governed by the Commercial Code § 422 et seq.

IV. Complaints procedure (liability for defects, warranty, complaints) for a buyer who is not a consumer or entrepreneur

1. For a buyer who is not a consumer or entrepreneur, the trader assumes a guarantee for the quality of the goods sold during the warranty period of 12 months, except for the case where a shorter expiry date is stated for the given goods /e.g. consumer goods, cosmetics, etc./. In the above case, this shorter warranty period applies.
2. The guarantee for quality within the meaning of the previous paragraph does not apply to used goods and goods discounted due to a defect that does not prevent them from being used for the purpose for which they are intended.
3. For the exercise of claims for defects, the legal provisions of § 597 et seq. of the Civil Code shall apply, and the trader shall handle the complaint within the same period as in the case of buyers - consumers.

V. Common provisions

1. After a justified complaint is settled, 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 calculated from the day after the complaint is lodged until the day the complaint is settled, i.e. the time when the buyer was obliged to take over the item. The customer is informed about the settlement by e-mail, which he/she already indicated when purchasing.
2. After the complaint is settled, the trader will notify the buyer of the end of the complaint either by phone, SMS or e-mail and no later than 30 days from the date of the complaint, the trader will issue a written document confirming the settlement of the complaint. If the goods were sent by a transport service, they will be automatically sent to the buyer's address after settlement.
3. The buyer is obliged to check the goods received and their compliance with the complaint delivery protocol. The buyer will also check the completeness of the goods, in particular whether the packaging contains everything it is supposed to contain. Later objections will not be taken into account. These arrangements do not affect the statutory period for exercising rights from defective performance. If a complaint about goods was settled within the statutory warranty period by exchanging the goods for a new one, the warranty period is extended by the duration of the complaint.
4. If the buyer who is not a consumer does not collect the claimed goods within one month of the expiry of the period in which the complaint should have been made and, if it was made later, within one month of the notification of its implementation (i.e. generally within 60 days from the date of filing the complaint), the trader is entitled to charge a storage fee of €0.5 per day including VAT when disposing of the complaint.
5. If the buyer who is not a consumer does not collect the item within two months of the date on which he was informed of the settlement, the trader has the right to sell the item and use the proceeds to pay the storage fee.

VI. Final provisions

This complaint policy is valid from 1.1.2026 and is available at the merchant's headquarters and on its website www.divinecosmetics.eu.