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Complaints Procedure

of the online shop www.fashionspy.sk

I. General provisions

This Complaints Procedure is issued in accordance with Act No. 40/1964 Coll. Civil Code, as amended (hereinafter the "Civil Code"), Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts (hereinafter only the "Consumer Protection Act") and Act No. 22/2004 Coll. on Electronic Commerce, as amended, and governs the legal relationship between the Seller, who is:

The Seller is the company
Business name: CHILLI CONTENT, s.r.o.
Registered office: Tallerova 4, Bratislava - mestská časť Staré mesto 811 02, Slovak Republic
Registered in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No. 47351/B
Company ID (IČO): 36 816 825
Tax ID (DIČ): 2022427473
VAT ID (IČ DPH): SK2022427473
Bank account: SK45 0900 0000 0006 3168 7152
The Seller is a VAT payer /Value Added Tax/

(hereinafter also the "Seller") and any person who is a Buyer of goods or services offered by the Seller on the Seller's Website, and who acts in the position of a consumer within the meaning of the provisions of the General Terms and Conditions published on the Seller's Website, this Complaints Procedure and the relevant acts defining a consumer, in accordance with the applicable legislation of the Slovak Republic, in particular Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts.

The e-mail and telephone contact for the Seller is:
E-mail: obchod@fashionspy.sk
The address for sending documents, complaints, withdrawals from contracts and the like is:
CHILLI CONTENT, s.r.o., Tallerova 4, Bratislava - mestská časť Staré mesto 811 02, Slovak Republic
This Complaints Procedure governs the rights and obligations of the Buyer who is a consumer when exercising rights arising from defects in a thing (goods) or services under a distance purchase contract concluded with the Seller through the Seller's online shop www.fashionspy.sk
The Buyer is any person (natural person or legal entity) who has sent an order through the electronic order form using the Seller's website, or by other means of distance communication.
A consumer is a natural person who, in connection with a consumer contract (when concluding a purchase contract through the Seller's Website), the obligation arising from it or a commercial practice, does not act within the scope of their business activity or profession.
This Complaints Procedure governs the legal relationships between Buyers who are consumers and the Seller. With the exception stated in Article IV, point 12 of this Complaints Procedure (Seller's Declaration on the warranty period where the Buyer does not act as a consumer).
Products are goods and services that are intended for sale and are at the same time published on the Seller's Website (hereinafter referred to as "goods").

II. References

The relationships arising from the Seller's liability for defects in goods or services (as well as other legal relationships that may arise from the contractual relationship) with natural persons who, when concluding the purchase contract, do not act within the scope of their business activity (consumers), are governed, in addition to the general provisions of the Civil Code, as amended, also by special legal regulations, in particular the Consumer Protection Act.
Legal relationships arising from the exercise of rights from liability for defects between the Seller and a Buyer who is a legal entity or a natural person entrepreneur acting within the scope of their business activity /persons who are not in the position of a consumer/ are governed by Act No. 513/1991 Coll. Commercial Code, as amended.

III. Seller's liability for defects in products (goods and services)

The Seller is obliged to deliver the thing, goods or service in accordance with the concluded purchase contract, i.e. in the required quality and quantity and free of defects (factual and legal).
The Seller is liable for defects that the sold thing or service has at the time of receipt by the Buyer. Unless the things are used, the Seller is liable for defects that occur after receipt of the thing during the warranty period (warranty). The Buyer is obliged to claim defects in goods or services from the Seller without undue delay. In the case of used goods, the Seller is not liable for defects caused by their use or wear. In the case of goods sold at a lower price, the Seller is not liable for the defect for which the lower price was agreed.
The Buyer is entitled to inspect the goods or service being sold before receiving them.

IV. Warranty period

The warranty period is 24 months. The warranty period for used goods is 12 months. Warranty periods begin to run from the receipt of the goods or service by the Buyer.
Unless the goods are perishable or used, the Seller is liable for defects that occur after receipt of the goods during the warranty period (warranty). If a period for use is indicated on the goods sold, on their packaging or in the instructions attached to them, the warranty period shall not end before the expiry of this period.
In the case of used goods, the Buyer and the Seller may also agree on a shorter warranty period, but not shorter than 12 months.
For goods that are intended to be used for a longer period, special regulations establish a warranty period longer than 24 months. A warranty period exceeding 24 months may also apply to only some component of the thing.
At the request of the Buyer, the Seller may provide the warranty in written form (warranty certificate). If the nature of the thing allows it, a proof of purchase is sufficient instead of a warranty certificate.
By a declaration in a warranty certificate issued to the Buyer or in an advertisement, the Seller may provide a warranty exceeding the scope of the warranty established in this Act. In the warranty certificate the Seller shall specify the conditions and scope of this warranty.
Warranty periods begin to run from the receipt of the goods by the Buyer. If the purchased goods are to be put into operation by a business other than the Seller, the warranty period begins to run only from the day the goods are put into operation, provided that the Buyer ordered the putting into operation no later than within three weeks of receiving the thing and duly and promptly provided the cooperation necessary for performing the service.
If the goods are replaced with new goods, the warranty period begins to run anew from the receipt of the new goods.
If a part of the goods is replaced, where the nature of the goods allows it, the warranty period for that part begins to run anew from the receipt of the new goods. The same applies if a component of the goods for which a warranty was provided is replaced.
Rights from liability for defects in goods for which a warranty period applies expire if they were not exercised within the warranty period.
The warranty period is extended by the period during which the goods were under complaint. Rights from liability for defects in goods for which a warranty period applies expire if they were not exercised within the warranty period.
Pursuant to § 429 para. 2 of Act No. 513/1991 Coll. Commercial Code, as amended, the Seller declares that, as regards the length of the warranty period in commercial relationships between the Seller and a Buyer who does not act in the position of a consumer, the Seller assumes a warranty for the quality of the goods with a duration of 12 months. The warranty period begins to run in accordance with the provision of Art. IV, point 1 of this Complaints Procedure.

V. Procedure for exercising rights from liability for defects (Complaint)

The Buyer is entitled to exercise rights from liability for defects in a thing, goods or service at the address: CHILLI CONTENT, s.r.o., Tallerova 4, Bratislava - mestská časť Staré mesto 811 02, Slovak Republic. The Buyer may always use the right to submit a complaint in person at any of the Seller's premises where, given the nature of the thing, accepting a complaint is possible, or at the Seller's registered office, or through third parties, e.g. carriers, courier companies, Slovenská pošta and the like. The Seller recommends that Buyers use this Complaint Form to submit a complaint.
When making a complaint, the Seller recommends that the Buyer enclose the invoice, warranty certificate or other document proving the purchase of the complained-about goods or service from the Seller. The Seller recommends that the Buyer describe the defect in the goods or service when submitting the complaint.
If the Buyer complains about goods or a service other than in person, the Seller recommends that the Buyer send the goods together with a detailed description of the defect in the goods, and a document proving the purchase of the goods from the Seller (for example proof of payment, invoice, warranty certificate), in order to speed up the complaint process.
We recommend sending goods in the case of a complaint by registered mail. The Seller recommends not sending goods cash on delivery, as such a shipment will not be accepted by the Seller.
When a complaint is made, the Seller is obliged to issue a confirmation to the consumer. If the complaint is made by means of distance communication, the Seller is obliged to deliver the confirmation of the complaint to the consumer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the document on the handling of the complaint; the confirmation of the complaint need not be delivered if the consumer is able to prove that the complaint was made in another way.
The Seller is obliged to issue a written document on the handling of the complaint no later than 30 days from the day the complaint was made, but no later than together with the document on the handling of the complaint, if the period for handling it began to run from the day the Seller received the subject of the complaint.
The handling of a complaint does not affect the consumer's right to compensation for damage arising from the defect.
The consumer has the right to reimbursement of necessary costs (in particular postage paid when sending the complained-about goods) incurred in connection with the exercise of justified rights from liability for defects in goods and services. In the case of withdrawal from the contract due to a defect in the thing or service, the consumer also has the right to reimbursement of the costs of such withdrawal.
If the Seller rejects liability for a defect, the Seller shall notify the buyer of the reasons for the rejection in writing. If the Buyer proves the Seller's liability for the defect by an expert opinion or a professional statement issued by an accredited person, an authorised person or a notified body, the Buyer may claim the defect repeatedly and the Seller cannot reject liability for the defect.
If the nature of the product allows it, the consumer hands the product over to the Seller (designated person) when making the complaint. If the nature of the product does not allow it to be delivered to the Seller (designated person), the consumer may, when making the complaint, require the defect to be remedied at the place where the product is located or agree with the Seller (designated person) on the method of transporting the product.
The period from the exercise of the right from liability for defects until the Buyer was obliged to take over the thing after the repair is completed is not counted towards the warranty period. The Seller is obliged to issue the Buyer a confirmation of when the right was exercised, as well as of the performance of the repair and its duration.

VI. Buyer's rights when exercising rights from liability for defects

In the case of a defect that can be remedied, the Buyer has the right to have it remedied free of charge, in good time and properly. The Seller is obliged to remedy the defect without undue delay.
Instead of remedying the defect, the Buyer may require replacement of the thing or, if the defect concerns only a component of the thing, replacement of the component, provided that this does not cause the Seller disproportionate costs in view of the price of the goods or the seriousness of the defect.
The Seller may always, instead of remedying the defect, replace the defective thing with a defect-free one, if this does not cause the Buyer serious difficulties.
In the case of a defect that cannot be remedied and that prevents the thing from being properly used as a thing without defects, the Buyer has the right to a replacement of the thing or the right to withdraw from the contract. The same rights belong to the Buyer if the defects are remediable, but the Buyer cannot properly use the thing due to the recurrence of the defect after repair or due to a larger number of defects.
In the case of other irremediable defects, the Buyer has the right to a reasonable discount from the price of the thing.
The Buyer has the right to a reasonable discount from the purchase price or may withdraw from the purchase contract even without being given an additional reasonable period, if:
the Seller has neither repaired nor replaced the thing;
the Seller has neither repaired nor replaced the thing after handing over or making available to the Seller the installation of the repaired thing or replacement thing;
the Seller has refused to remedy the defect;
the thing has the same defect despite repair or replacement of the thing;
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
the Seller has declared, or it is evident from the circumstances, that the Seller will not remedy the defect within a reasonable period or without causing serious difficulties to the Buyer.

VII. Final provisions

This Complaints Procedure forms an integral part of the General Terms and Conditions and the Principles and Information on the Protection of Personal Data of this Website. The documents – General Terms and Conditions and the Principles and Information on the Protection of Personal Data of this Website – are published on the domain of the Seller's Website.
In the event of a change to the Complaints Procedure, the relationship between the Buyer and the Seller is governed by the Complaints Procedure valid and effective at the time the purchase contract was concluded, until its termination.

This Complaints Procedure is valid and effective from the moment of its publication on the Seller's Website.