RETURN POLICY

RETURN POLICY

belinkabeauty.com online store

1. Merchant identification

 

1.1. These Complaints Regulations (hereinafter also "RP") govern the legal relations between the company

Business name: TolTech s.r.o
Registered office: Tolstého 5, Bratislava - Staré Mesto district 811 06, Slovak Republic

Registered in the Commercial Register of the Municipal Court Bratislava III, Division Sro, Insert number 174556/B
ID: 55909248

VAT number: 2122133519
Bank account: SK17 1100 0000 0029 4716 1965

The seller is not a VAT payer

(hereinafter also "Seller" or "Merchant") and any person who is a Buyer of products offered by the Seller on the Seller's Website, and who acts as a consumer in the sense of other provisions of these General Terms and Conditions and relevant laws defining the consumer, within the framework of applicable legislation of the Slovak Republic, especially laws: Law no. 108/2024 Coll. on consumer protection and amendments to certain laws as amended, Act No., Act No. 40/1964 Coll. Civil Code as amended, with the exception stated in point 4.4. of this Complaints Procedure, which governs the legal relationship between the Merchant and the Buyer, who does not act as a consumer.

1.2. Email contact and telephone contact for the Seller is:

Email: info@belinkabeauty.com

Tel. no.: +421910617138

1.3 The address for sending documents, complaints, withdrawal from contracts is:

TolTech s.r.o., Obchodná ulica 1718/4, 93041 Hviezdoslavov, Slovak Republic

1. Basic provisions

 

2.1. This complaint procedure regulates the legal relations between Buyers who are consumers and the Merchant.

III. Exercising the right from liability for defects

3.1. The Buyer may exercise rights from liability for defects only if he has complained of the defect to the Seller without undue delay, no later than 24 months after taking over the item. If the defect is not pointed out within this period, the rights from liability for defects will expire.

1. Liability for defects

4.1. The seller is responsible for any defect that the sold item has at the time of its delivery and which manifests itself within two years from the delivery of the item.

4.2. If the subject of the purchase is a thing with digital elements, in which digital content is to be supplied or a digital service provided continuously during the agreed period, the seller is responsible for any defect in the digital content or digital service that occurs or manifests itself during the entire agreed period, but at least within two years from the delivery of the thing with digital elements.

4.3. In the case of a used item, the parties may agree on a shorter period of responsibility of the seller for defects than in paragraphs 4.1 and 4.2, but not shorter than one year from the delivery of the item.

4.4. The Seller is responsible for any defect that the sold item has at the time of its delivery to the Buyer, and which manifests itself within 6 months from the delivery of the item, if the Buyer is not acting as a consumer.

1. Rights from liability for defects

5.1. If the seller is responsible for a defect in the item sold, the buyer has the right to eliminate the defect by repair or replacement , the right to an appropriate discount from 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 his 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 the defect is pointed out. The buyer shall pay the purchase price without undue delay after the seller has fulfilled his obligations.

5.3. The buyer can exercise rights from liability for defects, including the right according to point 5.2., only if he complained about the defect within two months from the discovery of the defect, at the latest by the expiration of the period according to points 4.1 to 4.3 of this Complaints Procedure.

5.4. Exercising rights from liability for defects does not exclude the buyer's right to compensation for damage caused by the defect.

1. Pointing out the defect

6.1. The defect can be pointed out at any of the seller's establishments, at another person about whom the seller informed the buyer before concluding the contract or before sending the order, or by means of remote communication at the address of the seller's seat or place of business or at another address about which the seller informed the buyer at the time of conclusion of the contract or after the conclusion of the contract.

6.2. If the buyer complained of a defect in a postal shipment that the seller refused to accept, the shipment is considered to have been delivered on the day of the refusal.

6.3. The seller shall provide the buyer with a written confirmation of the defect immediately after the defect has been pointed out by the buyer. In the confirmation of the defect, the seller shall state the period in which the defect in accordance with § 507 par. 1, Act no. 40/1964 Coll. The Civil Code in its current version will be removed. The period announced according to the previous sentence may not be longer than 30 days from the day the defect was pointed out, if the longer period is not justified by an objective reason beyond the seller's control.

6.4. If the seller refuses responsibility for defects, he will notify the buyer in writing of the reasons for the refusal. If the buyer proves the seller's responsibility for the defect with an expert opinion or professional opinion issued by an accredited person, an authorized person or a notified person, he can point out the defect repeatedly and the seller cannot refuse responsibility for the defect; for repeated criticism of the defect, § 621 par. 3, Act no. 108/2024 Coll. does not apply to consumer protection and amendments to certain laws as amended. § 509 par. 2 of Act no. 40/1964 Coll. Civil Code as amended.

6.5. If before concluding the contract or, if the contract is concluded on the basis of the buyer's order, before sending the order, the seller informed the buyer that defects can also be blamed on another person, the actions or omissions of this person are considered actions or omissions for the purposes of responsibility for defects the seller.

VII. Defect removal

7.1. The buyer has the right to choose to remove the defect by replacing the item or repairing the item. The buyer cannot 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 seller disproportionate costs, taking into account all the circumstances, especially the value that the item would have without the defect, the severity of the defect and the fact, whether the second method of removing the defect would cause significant difficulties for the buyer.

7.2. The seller can refuse to remove the defect if repair or replacement is not possible or if it would require disproportionate costs taking into account all the circumstances, including the circumstances according to point 7.1. second sentence.

7.3. The seller will repair or replace the item within a reasonable period of time after the buyer pointed out the defect, free of charge, at his own expense and without causing serious difficulties to the buyer, taking into account the nature of the item and the purpose for which the buyer requested the item.

7.4. For the purposes of repair or replacement, the buyer will hand over or make available the item to the seller or a person pursuant to § 622 par. 5 of Act no. 108/2024 Coll. on consumer protection and on the amendment of some laws as amended. The costs of taking over the item are borne by the seller.

7.5. The seller will deliver the repaired item or a replacement item to the buyer at his own expense in the same or a similar way in which the buyer delivered the defective item, unless the parties agree otherwise. If the buyer does not take over the item within six months from the day he was supposed to take it over, the seller can sell the item. If it is an item of greater value, the seller will notify the buyer in advance of the intended sale and give him a reasonable additional period to take over the item. Immediately after the sale, the seller will pay the buyer the proceeds from the sale of the item, after deducting the costs he purposefully spent on its storage and sale, if the buyer exercises the right to a share of the proceeds within a reasonable period specified by the seller in the notification of the intended sale of the item. The seller can destroy the item at his own expense if it was not possible to sell it or if the expected proceeds from the sale will not be sufficient to cover the costs that the seller purposefully spent on the safekeeping of the item and the costs that the seller would inevitably have to spend on its sale.

7.6. When removing a defect, the seller will ensure the removal of the item and the installation of a repaired item or a replacement item, if the replacement or repair requires the removal of a defective item that was installed in accordance with its nature and purpose before the defect appeared. The seller and the buyer can agree that the removal of the item and the installation of a repaired or replacement item will be provided by the buyer at the expense and risk of the seller.

7.7. When removing the defect by replacing the item, the seller has no right to compensation for damage caused by normal wear and tear of the item and to compensation for the normal use of the item before its replacement.

7.8. The seller is responsible for defects in the replacement item according to § 619 of Act no. 108/2024 Coll. on consumer protection and on the amendment of some laws as amended.

7.9. The buyer has the right to a reasonable discount on the purchase price or can withdraw from the purchase contract even without providing an additional reasonable period according to § 517 par. 1., Act no. 40/1964 Coll. Civil Code as amended, if

a) the seller did not repair or replace the item,

b) the seller did not repair or replace the item in accordance with § 623 par. 4 and 6 of Act no. 108/2024 Coll. on consumer protection and on the amendment and addition of certain laws as amended,

c) the seller refused to remove the defect according to § 623 par. 2 of Act no. 108/2024 Coll. on consumer protection and on the amendment of certain laws as amended,

d) the thing has the same defect despite the repair or replacement of the thing,

e) the defect is of such a serious nature that it justifies an immediate discount from the purchase price or withdrawal from the purchase contract, or

f) the seller has declared or it is clear from the circumstances that he will not remove the defect within a reasonable period of time or without causing serious difficulties for the buyer.

7.10. The discount from the purchase price must be proportionate to the difference between the value of the item sold and the value that the item would have if it were without defects.

7.11. The buyer cannot withdraw from the purchase contract according to point 7.9., if the buyer participated in the occurrence of the defect or if the defect is negligible. The seller bears the burden of proof that the buyer participated in the occurrence of the defect and that the defect is negligible.

7.12. If the contract concerns the purchase of several items, the buyer may withdraw from it only in relation to the defective item. In relation to other things, he can withdraw from the contract only if it cannot reasonably be expected that he will be interested in keeping the other things without a defective item.

7.13. After withdrawing from the contract or its part, the buyer returns the item to the seller at the seller's expense. The seller will ensure the removal of the thing that was installed in accordance with its nature and purpose before the defect became apparent. If the seller does not remove the item within a reasonable period of time, the buyer can ensure the removal and delivery of the item to the seller at the seller's expense and risk.

7.14. After withdrawing from the contract, the seller will return the purchase price to the buyer no later than 14 days from the day of returning the item to the seller or after proving that the buyer has sent the item to the seller, whichever occurs first.

7.15. The seller will return the purchase price to the buyer or pay him a discount from the purchase price in the same way that the buyer used to pay the purchase price, if the buyer does not expressly agree to another method of payment. All costs associated with payment are borne by the seller.

7.16. The seller has no right to compensation for damage caused by normal wear and tear of the item and to compensation for normal use of the item before withdrawing from the purchase contract.

VIII. Liability for digital performance defects

8.1. The merchant is responsible for any defect that the digital product has at the time of its delivery and which manifests itself within two years of its delivery, if it is a digital product that is delivered once or as a set of individual products.

8.2. The merchant shall remove the defect of the digital fulfillment within a reasonable time after the consumer complained of the defect, free of charge and without causing serious difficulties to the consumer, taking into account the nature of the digital fulfillment and the purpose for which the consumer requested the digital fulfillment.

8.3. The merchant may refuse to remove the defect if removal is not possible or if it would cause him disproportionate costs, taking into account all the circumstances, especially the value that the digital performance would have without the defect and the severity of the defect.

1. Liability for service defects

9.1. The contractor is responsible for defects that the item has when it is taken over by the customer.

9.2. If the defect becomes apparent within 24 months from the day the customer was supposed to take over the item, it is assumed that it is a defect that the item already had at the time of takeover. This does not apply if the opposite is proven or if this assumption is incompatible with the nature of the thing or defect."

1. Final provisions

10.1. This Complaints Procedure forms an integral part of the General Terms and Conditions and the Principles and instructions on the protection of personal data of this Website. Documents - General business conditions and Principles and instructions on the protection of personal data of this Website are published on the domain of the Seller's Website.

10.2. This Complaints Policy is valid and effective at the moment of its publication on the Seller's website on 01.07.2024

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