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Explore new arrivalsCOMPLAINTS PROCEDURE
Internet shop fashionmafia.sk
I. Identification of the Merchant
1.1. This Complaints Procedure (hereinafter also referred to as the “CP”) governs the legal relationships between:
Business Name: IS Studio, s.r.o.
Registered Office: Žižkova 2339/25, 040 01 Košice, Slovak Republic
Registered in the Commercial Register of the Košice District Court, Section Sro, Insert no. 26122/V
Company ID (IČO): 45675201
Tax ID (DIČ): 2023088166
VAT ID (IČ DPH): SK2023088166
Bank Account: SK5711000000002928842407
The Seller is a VAT payer
(hereinafter also referred to as the “Seller” or the “Merchant”) and any person who purchases products offered by the Seller on the Seller’s Website, acting as a consumer within the meaning of the further provisions of the General Terms and Conditions published on the Seller’s Website, and the relevant laws defining the consumer within the applicable legislation of the Slovak Republic, particularly but not limited to Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Laws, as amended, and Act No. 40/1964 Coll. of the Civil Code (Občiansky zákonník), as amended. An exception is specified in point 4.4 of this Complaints Procedure, which governs the legal relationship between the Merchant and a Buyer who does not act as a consumer.
1.2. The Seller’s email and telephone contact:
- Email: [email protected]
- Tel. No.: +421 903 963 929
1.3. The address for sending complaints and notices of contract withdrawal is:
IS Studio, s.r.o., Žižkova 25, 04001 Košice, Slovak Republic
II. Basic Provisions
2.1. This Complaints Procedure governs the legal relations between Buyers who act as consumers and the Merchant.
III. Exercise of Rights Arising from Liability for Defects
3.1. The Buyer may exercise rights arising from liability for defects only if the defect is reported to the Seller without undue delay, no later than 24 months from the date of taking over the item. If the defect is not reported within this period, the rights arising from liability for defects expire.
IV. Liability for Defects
4.1. The Seller is liable for any defect that the sold item had at the time of its delivery and that manifests itself within two years of the item’s delivery.
4.2. If the subject of purchase is an item with digital elements, where the digital content is to be supplied or the digital service provided continuously for an agreed period, the Seller shall be liable for every defect of the digital content or the digital service that occurs or becomes apparent during the entire agreed period, but for at least two years after delivering the item with digital elements.
4.3. For used items, the parties may agree on a shorter period of liability for defects than that specified in paragraphs 4.1 and 4.2, but not shorter than one year from the delivery of the item.
4.4. The Seller is liable for any defect that the sold item had at the time of its delivery to the Buyer, and that manifests itself within 6 months from the delivery of the item, provided that the Buyer does not act as a consumer.
V. Rights Arising from Liability for Defects
5.1. If the Seller is liable for a defect in the sold item, the Buyer has the right to have the defect removed by repair or replacement, the right to a reasonable discount on the purchase price, or the right to withdraw from the purchase contract.
5.2. The Buyer may refuse to pay the purchase price or part of it until the Seller fulfills its obligations arising from liability for defects, unless the Buyer is in arrears with the payment of the purchase price or part of it at the time of reporting the defect. The Buyer shall pay the purchase price without undue delay once the Seller has fulfilled its obligations.
5.3. The Buyer may exercise rights arising from liability for defects, including the right referred to in point 5.2., only if the defect is reported within two months of discovering it, and no later than by the end of the period specified in points 4.1 to 4.3 of this Complaints Procedure.
5.4. Exercising rights arising from liability for defects does not exclude the Buyer’s right to claim compensation for damage resulting from the defect.
VI. Reporting a Defect
6.1. A defect may be reported at any of the Seller’s business premises, to any other person of whom the Seller has informed the Buyer before concluding the contract or before sending the order, or by means of distance communication to the address of the Seller’s registered office or place of business, or another address that the Seller communicated to the Buyer upon or after concluding the contract.
6.2. If the Buyer reports a defect by a postal shipment that the Seller refuses to accept, the shipment is considered delivered on the day of refusal.
6.3. The Seller shall provide the Buyer with written confirmation of the defect’s reporting (complaint) without delay after the Buyer reports the defect. In the confirmation, the Seller shall indicate the time period within which it will remove the defect in accordance with § 507(1) of Act No. 40/1964 Coll. of the Civil Code, as amended. The time period indicated in the previous sentence may not be longer than 30 days from the date of reporting the defect, unless a longer period is justified by an objective reason beyond the Seller’s control.
6.4. If the Seller refuses to accept liability for defects, the reasons for refusal shall be communicated to the Buyer in writing. If the Buyer, through an expert opinion or a professional statement issued by an accredited person, authorized person, or notified person, proves the Seller’s liability for the defect, the Buyer may report the defect again, and the Seller may not refuse liability. In that case, § 621(3) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Laws, as amended, shall not apply to repeated reporting of the defect. The costs incurred by the Consumer for the expert opinion and the professional statement are governed by § 509(2) of Act No. 40/1964 Coll. of the Civil Code, as amended.
6.5. If, prior to concluding the contract, or if the contract is concluded based on the Buyer’s order before the order is sent, the Seller informed the Buyer that defects may also be reported to another person, the actions or omissions of that person shall, for the purposes of liability for defects, be deemed the actions or omissions of the Seller.
VII. Removing the Defect
7.1. The Buyer has the right to choose whether the defect is removed by replacement or by repair. The Buyer may not choose a method that is not possible or that, compared to the other method of removing the defect, would cause disproportionate costs to the Seller, taking into account all the circumstances, especially the value the item would have without the defect, the seriousness of the defect, and whether the other method of removing the defect would cause significant difficulties for the Buyer.
7.2. The Seller may refuse to remove the defect if repair or replacement is impossible or would require disproportionate costs considering all circumstances, including those set out in the second sentence of point 7.1.
7.3. The Seller shall repair or replace the item within a reasonable time after the Buyer reports the defect, free of charge, at its own expense, and without causing significant difficulties to the Buyer, taking into account the nature of the item and the purpose for which the Buyer required it.
7.4. For the purpose of repair or replacement, the Buyer shall hand over or make the item available to the Seller or a person under § 622(5) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Laws, as amended. The costs of receiving the item are borne by the Seller.
7.5. The Seller shall deliver the repaired or replacement item to the Buyer at its own expense in the same or a similar manner to how the Buyer delivered the defective item, unless otherwise agreed by the parties. If the Buyer fails to take over the item within six months from the day they were supposed to do so, the Seller may sell the item. If it is an item of higher value, the Seller shall inform the Buyer in advance of the intended sale and provide a reasonable additional period for the Buyer to take over the item. The Seller shall promptly pay the Buyer the proceeds from the sale, less any costs reasonably incurred for its storage and sale, if the Buyer claims the right to a share of the proceeds within a reasonable period specified by the Seller in the notice of the intended sale. The Seller may destroy the item at its own expense if it cannot be sold or if the expected proceeds of the sale do not cover even the costs reasonably incurred for storing the item and the costs the Seller would necessarily incur to sell it.
7.6. When removing the defect, the Seller shall ensure the removal (uninstallation) of the item and the installation of the repaired or replacement item, if the replacement or repair requires removal of the defective item that was installed in accordance with its nature and purpose before the defect appeared. The Seller and the Buyer may agree that the removal and installation of the repaired or replacement item will be carried out by the Buyer at the Seller’s expense and risk.
7.7. If the defect is removed by replacing the item, the Seller has no right to compensation for wear and tear due to normal use of the item, nor for any remuneration for the normal use of the item before it was replaced.
7.8. The Seller is liable for defects of the replacement item pursuant to § 619 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Laws, as amended.
7.9. The Buyer is entitled to a reasonable discount on the purchase price or may withdraw from the purchase contract, even without providing an additional reasonable period pursuant to § 517(1) of Act No. 40/1964 Coll. of the Civil Code, as amended, if: a) the Seller has neither repaired nor replaced the item,
b) the Seller has not repaired or replaced the item in accordance with § 623(4) and (6) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Laws, as amended,
c) the Seller refused to remove the defect under § 623(2) of Act No. 108/2024 Coll., as amended,
d) the item has the same defect despite repair or replacement,
e) the defect is of such a serious nature as to justify an immediate discount on the purchase price or withdrawal from the contract, or
f) the Seller has declared, or it is evident from the circumstances, that it will not remove the defect within a reasonable time or without causing significant difficulties for the Buyer.
7.10. The discount on the purchase price must be proportionate to the difference between the value of the sold item and the value it would have if it were defect-free.
7.11. The Buyer may not withdraw from the purchase contract pursuant to point 7.9. if the Buyer participated in causing the defect or if the defect is insignificant. The burden of proof that the Buyer participated in causing the defect and that the defect is insignificant is borne by the Seller.
7.12. If the contract relates to the purchase of multiple items, the Buyer may withdraw from the contract only in relation to the defective item. With regard to the other items, the Buyer may withdraw from the contract only if it would be unreasonable to expect the Buyer to keep the other items without the defective one.
7.13. After withdrawing from the contract or part thereof, the Buyer shall return the item to the Seller at the Seller’s expense. The Seller shall arrange the removal (uninstallation) of the item that was installed in accordance with its nature and purpose before the defect appeared. If the Seller does not remove the item within a reasonable period, the Buyer may arrange the removal and delivery of the item to the Seller at the Seller’s expense and risk.
7.14. After the Buyer withdraws from the contract, the Seller shall refund the purchase price to the Buyer within 14 days from the date on which the item is returned to the Seller or after the Buyer proves that they have sent the item to the Seller, whichever occurs first.
7.15. The Seller shall return the purchase price or pay the discount on the purchase price to the Buyer in the same manner used by the Buyer when paying the purchase price, unless the Buyer expressly agrees to a different method of payment. All costs associated with the refund are borne by the Seller.
7.16. The Seller is not entitled to compensation for damage caused by normal wear and tear of the item, nor any remuneration for the normal use of the item prior to the Buyer’s withdrawal from the contract.
VIII. Liability for Defects in Digital Performance
8.1. The Merchant is liable for any defect that the digital performance has at the time of its delivery and that manifests itself within two years of its delivery, if it is a digital performance delivered once or as a set of individual performances.
8.2. The Merchant shall remove any defect in the digital performance within a reasonable time after the Consumer reports the defect, free of charge and without causing significant difficulties for the Consumer, taking into account the nature of the digital performance and the purpose for which the Consumer required it.
8.3. The Merchant may refuse to remove the defect if removal is impossible or would incur disproportionate costs considering all circumstances, in particular the value the digital performance would have if it were defect-free, and the seriousness of the defect.
IX. Liability for Defects in Services
9.1. The Seller is liable for any defect in a service that exists at the time of its provision and that manifests itself within two years of its provision.
9.2. In exercising the rights arising from liability for defects in a service, the provisions of Art. VI of this Complaints Procedure shall apply mutatis mutandis.
X. Final Provisions
10.1. This Complaints Procedure forms an integral part of the General Terms and Conditions and the Privacy and Data Protection Policy (Zásady a poučenia o ochrane osobných údajov) of this Website. These documents—the General Terms and Conditions and the Privacy and Data Protection Policy—are published on the domain of the Seller’s Website.
10.2. This Complaints Procedure is valid and effective from the moment of its publication on the Seller’s Website on January 31, 2025.
This e-shop is certified by https://www.pravoeshopov.sk.