Complaints Procedure | divinecosmetics.eu

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Complaints Procedure

I. General Provisions

The Complaints Procedure is an integral part of the Merchant's General Terms and Conditions (hereinafter referred to as "GTC") and outlines the process to be followed for addressing defects and asserting related rights (hereinafter also referred to as "complaint" in the appropriate grammatical form) in connection with the purchase agreement concluded between the Merchant and the Buyer.

The Buyer, who can be either a business or a consumer, is required to familiarize themselves with the Complaints Procedure and the General Terms and Conditions before ordering the goods. At the same time, the Buyer acknowledges that they are obligated to provide the Merchant with the cooperation necessary to handle the complaint.

By concluding the purchase agreement and accepting the goods from the Merchant, the Buyer agrees to this Complaints Procedure. 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 meaning defined in the GTC. If it is not defined there either, it is understood in the meaning used by applicable and effective legal regulations.

For Buyers who are businesses, the moment of receipt of the goods is considered to be the moment when the goods are handed over by the Merchant to the Buyer, or the first carrier. In the case of a consumer Buyer, the goods are considered delivered at the moment when they are received by the Buyer or a person designated by them, or when handed over by the Merchant to a carrier appointed by the Buyer outside the shipping options offered by the Merchant. If delivery requires assembly or installation by the Merchant, the goods are considered delivered only after the assembly or installation is completed.

II. Warranty Period

As proof of warranty, the Merchant issues a purchase document (invoice) for each purchased item with all the legally required information for asserting the warranty (especially the name of the goods, warranty period, price, quantity, serial number).

The Merchant and the Buyer may agree or the Merchant may unilaterally declare a warranty period that is stricter than what is required by law. The Merchant will issue a separate written confirmation (hereinafter also referred to as "warranty certificate") to the Buyer about the agreement or unilateral declaration. The warranty certificate contains the name and surname, business name or title of the Merchant, their seat or place of business, designation of the goods covered by the warranty, warranty conditions, and the procedure the Buyer must follow to fulfill the warranty.

Extended warranties must always comply with the warranty conditions given by the manufacturer and with any related advertising, with the warranty certificate containing the above-mentioned details and issued in accordance with the aforementioned conditions.

Legal warranty periods for consumer Buyers: The warranty period generally begins on the day the Buyer receives the goods.

The warranty period is:

24 months for new goods, unless a special legal regulation provides for a longer period;
21 months for refurbished goods (refurbished goods are understood as used goods that have been inspected by our experts and are thus marked as such);
12 months for used goods (used goods are understood as such items marked as used or repaired without defects, where the completeness of packaging does not hinder the full use of the product).

For consumable goods (e.g., cosmetics, toiletries, etc.), the Buyer is entitled to assert the right to a defect within twenty-four (24) months unless the goods indicate an expiry date, in which case the period is shortened to the date indicated on the packaging.

Complaints by consumer Buyers within the statutory warranty period are governed by Act No. 40/1964 Coll. (Civil Code) and Act No. 108/2024 Coll. on Consumer Protection, both in their valid and effective versions, taking into account the specifics in this Complaints Procedure. For extended warranty periods, complaints are governed exclusively by this Complaints Procedure.

III. Warranty Conditions

Inspection of Goods Upon Receipt The Buyer who is not a consumer is required, and the consumer Buyer is recommended, to immediately inspect the condition of the shipment upon delivery (number of packages, intactness of the tape with the company logo, damage to the box) according to the attached shipping list. The Buyer has the right to refuse to accept a shipment that does not match the purchase agreement, such as if the shipment is incomplete or damaged. If the Buyer accepts a damaged shipment from the carrier, it is necessary to describe the damage in the carrier’s delivery protocol.

Incomplete or damaged shipments must be immediately reported via email to: claims@divinecosmetics.eu, prepare a damage report with the carrier, and promptly send it by fax, email, or post to the Seller. Additional complaints regarding incompleteness or external damage of the shipment do not exempt the Buyer from the right to complain about the goods but provide the Seller an opportunity to prove that there is no discrepancy with the purchase agreement.

Submitting a Complaint The place for submitting complaints is DINO Slovakia, spol.
s r.o., Borekova 10, 821 06 Bratislava. Alternatively, if the Buyer is a consumer, they may submit a complaint at any "brick-and-mortar" store of the Seller if such a store has been established. However, if the warranty certificate of the goods specifies an authorized service center located either at the Seller's location or closer to the Buyer, the Buyer should assert their right at the authorized service center.

If the goods were purchased by a Buyer who is a business, the complaint must be submitted directly to the authorized service. In this case, the complaint is governed by the conditions of the authorized service. If this is not objectively possible, the complaint is submitted to the Merchant.

If the goods have defects and the Buyer asserts their right against the Merchant, they should complete the complaint form published on the website www.divinecosmetics.eu and send it to the Merchant at the email claims@divinecosmetics.eu. The Buyer must precisely specify the type and extent of the defects in the form. If, for any reason, it is not possible to send the form, the Buyer must promptly contact customer service by email at claims@divinecosmetics.eu, which will send the complaint form to their email address. The completed complaint form should then be sent to the customer service email at claims@divinecosmetics.eu. The Buyer also has access to the complaint form directly on the Merchant’s website.

Upon receipt of the complaint form, the Merchant will contact the Buyer and agree on the further procedure.

The complained goods should be securely packed to avoid damage during transport. The package should include the complained goods along with any accessories necessary for the use and diagnosis of the complained goods (however, it is advisable to include complete accessories in all cases). Before sending the complained goods to the Merchant, the Buyer should remove any original delivery labels. The Merchant recommends including a copy of the purchase receipt or otherwise documenting the warranty of the goods, a detailed description of the defect, and sufficient contact details of the Buyer (especially return address and phone number). Without the above, identifying the origin and defect of the goods is impossible. This procedure is also recommended for consumer Buyers if they do not prove and document the facts otherwise. It is also recommended to specify the desired method for handling the complaint (repair, replacement, credit note, etc.).

The Merchant or authorized service will issue a written confirmation to the Buyer stating when the complaint was submitted, its content, the requested method for handling the complaint, and this will be sent immediately after receiving the complaint. In the case of a complaint, the confirmation will be sent by email. The confirmation serves only as proof of receipt of the complaint. The condition of the goods at the time the Buyer handed them over to the Seller will be assessed during the complaint process.

The Merchant will provide the consumer Buyer with a written confirmation of the defect promptly after the defect is reported by the consumer Buyer. The Merchant will state the deadline for rectifying the defect in the confirmation. The deadline stated in the previous sentence must not exceed 30 days from the defect being reported, unless a longer period is justified by an objective reason beyond the Merchant’s control. If the Merchant denies responsibility for the defect, the reasons for the denial will be provided in writing to the consumer Buyer. If the consumer Buyer proves the Merchant’s responsibility for the defect by an expert opinion or a professional statement issued by an accredited person, authorized person, or notified person, they may raise the defect again and the Merchant cannot refuse responsibility for the defect; the provision of § 621(3) of the Civil Code does not apply to repeated defect complaints by the consumer Buyer. The costs associated with the expert opinion and professional statement are governed by § 509(2) of the Civil Code.

The Buyer who is not a consumer must prove the validity of the warranty by presenting the purchase document. If the goods have been previously complained about, they must also present evidence of the complaint. The delivery document (purchase or complaint document) must have the same serial number as the complained product (if the product has a serial number). This procedure is also recommended for the consumer Buyer if they do not prove and document the facts otherwise. The Buyer is aware that if they do not return the complained goods along with all delivered accessories, in the case of withdrawal from the contract, the purchase price will be refunded to the Buyer minus the price of the undelivered accessories.

Exclusions Breaking the protective seal, informational sticker, or serial number exposes the Buyer to the risk of having the complaint rejected unless the damage occurs during normal use. Seals and serial numbers are an integral part of the product and do not limit the customer's right to use and handle the product to its full extent.

The warranty does not cover damages resulting from (if such activity is not normal and not prohibited in the attached user manual):

Mechanical damage to the goods,
Electrical surges (visibly burned components or circuit boards) except for normal deviations,
Use of the goods under conditions that do not match the operating conditions specified in the user manual (including use in environments not suitable for the goods in question),
Unauthorized intervention into the goods,
Defects caused by an external event (e.g., fire, flood, explosion, etc.),
Normal wear and tear of parts,
Goods that do not contain a clear description of the defect (both external and internal defects),
Goods that are incomplete, with the Buyer having failed to add the complete accessory package,
Used goods, refurbished goods, or goods whose warranty period is no longer in effect.

The goods were damaged by natural elements or force majeure,
Using incorrect or faulty software,
Using incorrect or non-original consumables, or any resulting damages, provided such use is not customary and was not excluded in the attached instructions for use.

These limitations do not apply if the characteristics of the goods that are inconsistent with the above conditions were expressly agreed upon, specified, or declared by the seller, or if they can be expected based on the advertising conducted or the customary use of the goods.

4. Error Testing

Goods sent for complaint will be tested only for the defect specified by the buyer (in the complaint form, in the attached letter describing the defect). It is recommended to describe the defect in writing, which also includes electronic communication.

If the buyer is a business and the complaint is rejected, the buyer acknowledges that the seller is entitled to re-invoice the buyer for the costs of the authorized service for error diagnosis and transportation according to the authorized service's price list.

5. Contaminated Goods

The buyer risks having their complaint rejected if the goods or any part of them are contaminated or do not meet basic hygienic conditions.

IV. Handling Complaints

If the Buyer is a Consume

Complaints Procedure

I. General Provisions

II. Warranty Period

Legal warranty periods for consumer Buyers: The warranty period generally begins on the day the Buyer receives the goods.

The warranty period is:

24 months for new goods, unless a special legal regulation provides for a longer period;
21 months for refurbished goods (refurbished goods are understood as used goods that have been inspected by our experts and are thus marked as such);
12 months for used goods (used goods are understood as such items marked as used or repaired without defects, where the completeness of packaging does not hinder the full use of the product).

III. Warranty Conditions

Inspection of Goods Upon Receipt The Buyer who is not a consumer is required, and the consumer Buyer is recommended, to immediately inspect the condition of the shipment upon delivery (number of packages, intactness of the tape with the company logo, damage to the box) according to the attached shipping list. The Buyer has the right to refuse to accept a shipment that does not match the purchase agreement, such as if the shipment is incomplete or damaged. If the Buyer accepts a damaged shipment from the carrier, it is necessary to describe the damage in the carrier’s delivery protocol.

Submitting a Complaint The place for submitting complaints is DINO Slovakia, spol. s r.o., Borekova 10, 821 06 Bratislava. Alternatively, if the Buyer is a consumer, they may submit a complaint at any "brick-and-mortar" store of the Seller if such a store has been established. However, if the warranty certificate of the goods specifies an authorized service center located either at the Seller's location or closer to the Buyer, the Buyer should assert their right at the authorized service center.

Upon receipt of the complaint form, the Merchant will contact the Buyer and agree on the further procedure.

Exclusions Breaking the protective seal, informational sticker, or serial number exposes the Buyer to the risk of having the complaint rejected unless the damage occurs during normal use. Seals and serial numbers are an integral part of the product and do not limit the customer's right to use and handle the product to its full extent.

The warranty does not cover damages resulting from (if such activity is not normal and not prohibited in the attached user manual):

Mechanical damage to the goods,
Electrical surges (visibly burned components or circuit boards) except for normal deviations,
Use of the goods under conditions that do not match the operating conditions specified in the user manual (including use in environments not suitable for the goods in question),
Unauthorized intervention into the goods,
Defects caused by an external event (e.g., fire, flood, explosion, etc.),
Normal wear and tear of parts,
Goods that do not contain a clear description of the defect (both external and internal defects),
Goods that are incomplete, with the Buyer having failed to add the complete accessory package,
Used goods, refurbished goods, or goods whose warranty period is no longer in effect.

The goods were damaged by natural elements or force majeure,
Using incorrect or faulty software,
Using incorrect or non-original consumables, or any resulting damages, provided such use is not customary and was not excluded in the attached instructions for use.

4. Error Testing

5. Contaminated Goods

The buyer risks having their complaint rejected if the goods or any part of them are contaminated or do not meet basic hygienic conditions.

IV. Handling Complaints

If the Buyer is a Consumer

Consumer Rights in Exercising Legal Warranty

Requirements for Sold Goods The sold goods must comply with the agreed requirements (§ 616 Civil Code) and general requirements (§ 617 Civil Code). For goods with digital elements, the agreed requirements and general requirements must be met by both digital content and digital services, regardless of whether they are provided by the seller or another person. Goods do not have to comply with general requirements if the trader explicitly informed the consumer buyer at the time of contract conclusion that a specific characteristic of the item does not meet general requirements, and the buyer expressly agreed to this discrepancy.

The sold goods are in accordance with the agreed requirements /§ 616 Civil Code/ if they, in particular: a) Match the description, type, quantity, and quality defined in the contract, b) Are suitable for the specific purpose which the consumer buyer informed the trader of no later than at the time of contract conclusion and which the trader agreed to, c) Have the capability specified in the contract to perform functions with regard to their purpose (hereinafter "functionality"), d) Have the capability specified in the contract to work with hardware or software with which goods of the same type are commonly used, without the need for changes to the sold item, hardware, or software (hereinafter "compatibility"), and the capability specified in the contract to work with hardware or software different from those commonly used with goods of the same type (hereinafter "interoperability"), e) Have additional characteristics defined in the contract, f) Are delivered with all accessories defined in the contract, g) Are delivered with instructions for use, including assembly and installation instructions, as defined in the contract, and h) Any updates specified in the contract are delivered, if the item has digital elements.

The sold goods comply with general requirements /§ 617 Civil Code/ if: a) They are suitable for the purpose for which goods of the same type are commonly used, considering in particular the legal regulations, technical standards, or codes of conduct applicable to the relevant industry, if technical standards have not been established, b) Match the description and quality of the sample or model that the trader provided to the consumer buyer before the conclusion of the contract, c) Are delivered with accessories, packaging, and instructions including assembly and installation instructions that the consumer buyer can reasonably expect, and d) Are delivered in the quantity, quality, and with characteristics including functionality, compatibility, safety, and durability that are typical for goods of the same type and that the consumer buyer can reasonably expect given the nature of the sold item and considering any public statements made by the trader or other parties in the same supply chain, including the manufacturer, or on their behalf, especially in the promotion of the item or its labeling; the manufacturer is considered to be the producer of the item, the importer of the item into the European Union from a third country, or another person who is identified as the manufacturer by placing their name, trademark, or other distinguishing mark on the item.

Liability for Defects

The sold goods have defects if they do not meet the requirements according to § 615 Civil Code (see "Requirements for Sold Goods") or if their use is hindered or limited by third-party rights, including intellectual property rights.

The trader is liable for any defect in the sold goods present at the time of delivery and which becomes apparent within two years from the delivery of the goods. The trader is liable for a defect caused by incorrect assembly or installation of the goods, digital content, or digital service if: a) The assembly or installation was part of the purchase agreement and was performed by the trader or under their responsibility, or b) The assembly or installation that was to be performed by the consumer buyer was carried out incorrectly by the buyer due to deficiencies in the assembly or installation instructions provided by the trader or the supplier of the digital content or digital service.

Rights from Liability for Defects

If the trader is liable for a defect in the sold goods, the consumer buyer has the right: a) To have the defect removed by repair or replacement (§ 623 Civil Code), b) To a reasonable discount on the purchase price, or c) To withdraw from the purchase contract (§ 624 Civil Code).

The consumer buyer can exercise rights from liability for defects, including the right mentioned in the previous paragraph, only if the defect was reported within two months of discovering it, and no later than the expiration of the period according to Article III. Length of Warranty. The consumer buyer has the right to reimbursement for the costs reasonably incurred in connection with reporting the defect for which the trader is liable and exercising rights from liability for defects.

Removal of Defects

The consumer buyer has the right to choose the removal of the defect by either replacing the item or repairing it. The consumer buyer cannot choose a method of defect removal that is not possible or that would cause the trader disproportionate costs compared to the other method of defect removal, considering all circumstances, especially the value that the item would have without the defect, the seriousness of the defect, and whether the other method of defect removal would cause the consumer buyer significant difficulties. The trader may refuse to remove the defect if neither repair nor replacement is possible or if it would require disproportionate costs considering all circumstances, including those mentioned in the previous paragraph. The trader will repair or replace the goods within a reasonable time /§ 507(1) Civil Code/ after the consumer has reported the defect, free of charge, at their own expense, and without causing significant difficulties for the consumer, considering the nature of the item and the purpose for which the consumer required the item. The trader will deliver the repaired or replacement goods to the consumer at their own expense in the same or a similar manner as the consumer delivered the defective goods, unless the parties agree otherwise. If the consumer does not collect the goods within six months from the date they were to be collected, the trader may sell the item. In the case of a higher-value item, the trader will notify the consumer of the intended sale in advance and provide a reasonable additional period for the collection of the item. After the sale, the trader will promptly pay the consumer the proceeds from the sale of the goods minus the costs reasonably incurred for their storage and sale if the consumer exercises the right to a share of the proceeds within the reasonable period specified by the trader in the notice of the intended sale of the item. The trader may destroy the goods at their own expense if they fail to sell them or if the anticipated proceeds from the sale will not cover the costs reasonably incurred by the trader for storing the goods and the costs that the trader would necessarily incur for their sale. In the case of defect removal by replacing the goods, the trader has no right to compensation for damage caused by normal wear and tear of the item and for remuneration for normal use of the goods before their replacement.

Discount on the Purchase Price and Withdrawal from the Contract

The consumer buyer has the right to a reasonable discount on the purchase price or may withdraw from the purchase contract without providing an additional reasonable period according to /§ 517(1) Civil Code/, if: a) The trader has not repaired or replaced the item, b) The trader has not repaired or replaced the item in accordance with § 623(4) and (6) Civil Code, c) The trader has refused to remove the defect according to § 623(2) Civil Code, d) The item has the same defect despite repair or replacement, e) The defect is of such a serious nature that it justifies an immediate discount on the purchase price or withdrawal from the purchase contract, or f) The trader has declared or it is evident from the circumstances that they will not remove the defect within a reasonable period or without causing significant difficulties for the consumer.

The discount on the purchase price must be proportionate to the difference between the value of the sold item and the value the item would have had if it were defect-free. The consumer cannot withdraw from the purchase contract if they contributed to the creation of the defect or if the defect is minor. The burden of proof that the consumer contributed to the creation of the defect and that the defect is minor lies with the trader. If the contract concerns the purchase of multiple items, the consumer buyer may only withdraw in relation to the defective item. In relation to the remaining items, they can withdraw from the contract only if it cannot be reasonably expected that they will be interested in keeping the remaining goods without the defective item. After withdrawing from the contract or part of it, the consumer will return the item to the trader at the trader’s expense. The trader will refund the purchase price to the consumer no later than 14 days from the day the goods are returned to the trader or after proving that the consumer sent the item to the trader, whichever occurs first. The trader will return the purchase price to the consumer or grant 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 reimbursement. All costs associated with reimbursement are borne by the trader. In the case of a discount, it is not possible to later complain about the goods for a defect for which the discount was granted.

2. If the Buyer is a Business

The trader provides a quality warranty for the sold goods during a warranty period of 12 months, except in cases where the specific goods have a shorter shelf life (e.g., consumables, cosmetics, etc.). In such cases, the shorter warranty period applies.

The quality warranty mentioned in the previous paragraph does not apply to used goods and goods discounted due to defects that do not prevent them from being used for their intended purpose.

For claims related to defects, the legal provisions of § 436 and subsequent sections of the Commercial Code apply. The trader will handle complaints within the same timeframe as for consumer buyers.

3. General Provisions

After a valid complaint is processed, the warranty period is extended by the duration of the complaint. In the case of an invalid complaint, the warranty period is not extended. The duration of the complaint is calculated from the day following the submission of the complaint until the day the complaint is resolved, i.e., the period when the buyer was required to collect the item. The customer will be informed of the resolution by email, which was provided at the time of purchase.

After handling the complaint, the trader will notify the buyer of the conclusion of the complaint either by phone, SMS, or email, and no later than 30 days from the day the complaint was submitted, the trader will issue a written document about the resolution of the complaint. If the goods were sent via a shipping service, they will be automatically sent to the buyer's address after handling.

The buyer is obligated to check the received goods and their compliance with the complaint delivery protocol. The buyer must also check the completeness of the goods, particularly whether the packaging contains everything it should. Late objections will not be considered. These arrangements do not affect the statutory period for asserting rights from defective performance.

If the complaint of the goods is resolved by replacing the goods with a new one within the statutory warranty period, the warranty period is extended by the duration of the complaint.

If the business does not collect the complained goods within one month from the expiry of the period during which the complaint should have been processed, and if it was processed later, within one month from being notified of its completion (i.e., usually within 60 days from the date of the complaint), the trader is entitled to charge a storage fee of €0.50 per day, including VAT, upon release of the complaint.

If the business does not collect the item within two months from the day it was informed of the resolution, the trader has the right to sell the item and use the proceeds to cover the storage costs.

V. Final Provisions

This complaint procedure is valid from 01.07.2024 and is available at the trader’s headquarters and on their website www.divinecosmetics.eu