Claim and Return Policy
of the www.luxuryfashionstores.sk e-shop
I. This Claim and Return Policy sets out the procedure and rights of the customer who purchased Goods from the Seller's e-shop located on the website https://luxuryfashionstores.sk if, despite the efforts of the manufacturer and the Seller to maintain the high quality of Goods, the customer has a legitimate reason for asserting his rights arising from liability for defects of the Goods sold at a distance or under a contract concluded at a distance.
II. This Claim and Return Policy was prepared in accordance with Act No. 40/1964 Coll. Civil Code, as amended (hereinafter referred to as the “Civil Code”) and Act No. 102/2014 Coll. on Consumer Protection on the Sale of Goods or Provision of Services based on Distance or Off-Premises Contracts and on amendment and supplement of certain acts and applies to consumer Goods sold in the e-shop located on the website www.luxuryfashionstores.sk (hereinafter referred to as the "Goods") for which the customer's rights arising from liability for defects hereinafter referred to as the ("Claim") are exercised.
III. The Seller is FASHIONMAN INTERNATIONAL s.r.o., having its registered office at Mostová 2, 811 02 Bratislava, Company ID (IČO): 46 207 678, TAX ID (DIČ): 202 327 7839 VAT Reg. No. (IČ DPH): SK2023277839, registered in the Business Register of the District Court Bratislava I., Section: Sro, File no. 73611/B (hereinafter referred to as the „Seller“).
IV. The customer is the entity that has concluded a contract with the Seller for the purchase of Goods. The Seller may apply this Claim and Return Policy to a customer who is not a consumer, but the rights arising from liability for defects are governed by the concluded contract and Act No. 513/1991 Coll. Commercial Code as amended.
Prevention and Customer's Obligations
I. When choosing the Goods, it is necessary that the chosen type, material and size of the Goods exactly correspond to the needs and purpose of the customer and this choice is entirely up to the customer and his/her responsibility. The Seller shall not be liable if the Goods are incorrectly selected by the customer or if the Goods are handled in contradiction with the information and data provided by the Seller, respectively the manufacturer. Before purchasing the Goods, the customer shall take into account the purpose of use, design, material composition and the way of treatment of the Goods stated in the e-shop in the details of each product (Textile maintenance instructions and footwear care and use instructions).
II. During the entire period of use of the purchased Goods, the customer must pay sufficient attention to the basic rules of use of the Goods and not use the Goods in a contradictory way to their intended use. Particular consideration shall be given to all factors adversely affecting the full functionality and durability of the Goods, in particular excessive use of the Goods, improper or insufficient maintenance of the Goods, use of the Goods for improper purpose or by improper way or use of Goods in contradiction to information given by the manufacturer on the Goods label or by the Seller in the e-shop (hereinafter referred to as the "Improper Use"). If the Goods are damaged mainly due to the above mentioned reasons, it is not a defect of the Goods and the Seller shall not be liable for defects of the Goods. In such cases, it is not possible to file a Claim. E.g. fashion footwear as defined in STN EN ISO 19952 (Slovak Technical Norm), Footwear, Dictionary is "footwear that is not designed and is not produced for daily wear and which favors fashion style".
III. Another necessary condition for maintaining the good condition of the Goods and their functionality is their regular and correct maintenance. Improper or inadequate maintenance of the Goods significantly shortens their full functionality and service life. Damage to the Goods is not a reason for claiming the Goods. The Seller and the manufacturer provide their customers with sufficient information necessary for proper care for all types of Goods sold.
Basic Claim Conditions
I. In the event of a defect of the Goods upon the acceptance of Goods by the customer during the warranty period caused solely by the manufacturer or the Seller and the customer was not aware or could not be aware of such defect, provided that the customer was not given any discount due to this defect, the customer may file a Claim in accordance with this Claim and Return Policy.
II. The Seller shall be liable only for those defects that the Goods had at the time of shipment to the customer and which occur upon delivery to the customer within the warranty period.
III. Change in the characteristics of the Goods that occurred during the warranty period as a result of wear, Improper Use, inadequate or inappropriate maintenance, due to natural changes in the materials of the Goods, due to any damage by the user or third party or any improper manipulation shall not be deemed as a defect.
IV. Claims may always be filed only for defective Goods and it is not possible to claim other pieces of Goods purchased separately, although they may be Goods of the same design, type, accessories, etc. Claim of Goods of several pieces may be applied only if these Goods were purchased together, under one sales code and one purchase price.
V. Claim shall be deemed duly applied if the claimed Goods are complete and the Claim is not contradictory to general hygiene principles. The customer shall send the claimed Goods cleaned, free of all impurities and hygienically harmless. The Seller is entitled to refuse to admit to the claim procedure the Goods that do not meet the above-mentioned principles of general hygiene (in particular pursuant to Act No. 355/2007 Coll. on Protection, Support and Development of Public Health and on amendments and supplements of certain acts).
VI. If the customer exercises the right arising from liability for defects of the Goods sold properly, the Seller is obliged to decide whether the Goods will be accepted for the claim procedure in accordance with these Claim and Return Policy and whether the conditions for filing a Claim are met. If the Goods are accepted for the Claim, the Claim will be assessed by a responsible person of the Seller, in more serious cases the Goods will be sent for the expert assessment to the manufacturer, respectively to the responsible person authorized by the manufacturer. Solely the Seller, the manufacturer, or a responsible person shall assess the eligibility and select the claim procedure.
VII. Claim, i.e. assessment of its eligibility and respective removal of the defect shall be settled without undue delay, no later than thirty (30) days from the date of filing the Claim. In justified cases, the Seller may agree with the Customer on a longer time period in writing, respectively via email.
Place and Method of Claim Filling
I. The customer will make a claim at a distance only by completing the Claim Sheet and sending the photograph (s) in paper form to: LUXURY, Laurinská 10, 811 01 Bratislava (Slovakia) or by email to: firstname.lastname@example.org. When the Seller receives the completed Claim Sheet, the Seller will send to the Client's email, provided in the Claim sheet, the shipping label of the carrier who will take over the goods.
II. The Client is obliged to pack the goods together with the belongings including the relevant documentation, instructions, warranty certificate, proof of payment so as to prevent damage to the goods during transport by the courier company. Then the courier comes to take over the goods from the buyer. The customer is obliged to prove duly purchased goods by submitting, resp. by submitting a sales receipt or invoice.
III. The Claim Sheet contains, in particular, information on the identification of the claimed Goods; the date of asserting the right arising from liability for defects; customer identification, description of the defect, its origin and identification of the sales document. Goods cannot be accepted for claims if the customer fails to deliver a completed Claim Sheet.
IV. It is always up to the Seller to decide on the acceptance of the Goods and how to handle the Claim (in particular by removing the defect, replacing the Goods or providing replacement Goods, providing a discount on the Goods or refunding the purchase price in accordance with Articles V and VI hereof). When determining the method of handling the Claim, the Seller, the manufacturer or the responsible person shall always proceed in accordance with the expediency of solving the situation and with respect to the wishes of the customer, as far as it is possible and effective to meet this wish.
V. When claiming the Goods, the buyer shall send the Goods only to the address: TNT Express Worldwide, spol. s.r.o., Pri starom letisku 14, 830 06 Bratislava (Slovakia); any other address shall not be accepted. The Seller shall not accept Goods sent cash on delivery. If the Claim is justified, the Seller shall send the relevant financial amount for the Goods to the bank account specified in the Claim Sheet.
VI. After settling the claim, the seller sends the goods back to the buyer by courier company.
Time Limit for Filing a Claim
I. The right of liability for defects shall be exercised within the warranty period. It is necessary to file a Claim without undue delay as soon as the defect occurs. If the Goods are still used despite their defects, it may lead to deepening of such defects, deterioration of Goods and may be the cause of the Claim rejection. The warranty period is governed by the valid provisions of the Civil Code.
II. The period from the exercise of the right from liability for defects until the day when the Goods were delivered back to the customer after the repair shall not be included in the warranty period. If the claim procedure results in the replacement of the claimed Goods, the warranty period shall commence again from the date of delivery of the new Goods to the customer. In case of replacement of a defective piece of Goods consisting of several pieces, the new warranty period shall apply only to the replaced piece of Goods.
III. The warranty period cannot be confused with the service life of the Goods, i.e. a period of time in which the Goods can withstand external conditions having regard to their properties, given purpose and difference in intensity of their use.
I. Removable defects are those that can be repaired without affecting the appearance, function and quality of the Goods.
II. In the event of a removable defect, the customer has the right to have the defect removed free of charge, in a timely and proper manner. The Seller is obliged to remove the defects without undue delay, but no later than 30 days from the date of filing the Claim.
III. The Seller, respectively a responsible person shall decide on making the repair and in case of a positive decision and a repair, the Seller shall send the Goods to a customer by a courier company.
IV. If this is not disproportionate due to the nature of the defect, the responsible person may decide on exchange of the Goods or provision of replacement Goods at the same price. If the replacement of the Goods is not possible, the customer may request a reasonable discount on the price of the Goods.
V. In case of a removable defect, the customer shall have the right to exchange the Goods or to be provided with replacement Goods at the same price or to withdraw from the contract if the customer cannot properly use the Goods due to the re-occurrence of the removable defect after repair or due to a larger number of removable defects. A re-occurrence of a defect after repair is the case if the same defect, which has been repaired at least twice in the warranty period, occurs again. The Goods suffer from a higher number of defects, if during the period of filing the Claim, the Goods have at least three removable defects. The customer's right to exchange the Goods must be exercised by the customer no later than thirty (30) days from the end of the claim procedure.
I. Irremovable defect is such a defect that cannot be removed or its removal is not effective, considering all relevant circumstances.
II. If the defect is irremovable and that prevents the Goods from being properly used as Goods without defects, the Seller shall decide on the following ways of handling the Claim:
♣ exchange of Goods for new Goods and, if Goods of the same kind are no longer in stock, exchange of Goods for other Goods at the same price;
♣ refund of the purchase price.
III. If the nature of the irremovable defect does not prevent from the proper use of the Goods as defect-free Goods (e.g. aesthetic defects) and the customer does not request replacement of the Goods, he/she is entitled to a reasonable discount on the purchase price. When providing the discount, account shall be taken to the nature of the defect, the degree and manner of wear and tear of the product, the length of its use and the possibilities for its further use.
IV. If the Seller decides to return the purchase price within the claim procedure, the purchase price shall be refunded to the customer by a cashless payment by sending a financial amount corresponding to the purchase price to the customer's account specified in the Claim Sheet. The purchase price will be returned to the customer within fourteen (14) working days from the date of the customer's notification of the outcome of the claim procedure.
Personal Data Protection
For the purposes of the claim procedure arising from the Claim for liability for defects to the extent necessary to handle the claim procedure, the Seller obtains the complainant's consent to the processing and storage of his/her personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation).
This Claim and Return Policy shall come into force and become effective on 15.11. 2019. This Claim and Return Policy is available in the e-shop website www.luxuryfashionstores.sk. Amendments to this Claim and Return Policy are reserved.
FASHIONMAN INTERNATIONAL s.r.o.,
having its registered office at Mostová 2, Bratislava, 811 02 (Slovakia)
Download, fill out and send the Claim Sheet to email@example.com.