RETURN POLICY

(hereinafter referred to as the "Seller")

I. INTRODUCTORY PROVISIONS

1. These Complaints Rules regulate the conditions and method of claiming goods that the consumer in the position of the Buyer has acquired on the basis of a contract concluded at a distance in accordance with Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the Seller's premises and on the amendment of certain laws (hereinafter the "Distance Sale of Goods Act"), which the Buyer concluded with the Seller.

2. These complaint rules regulate the conditions and method of claiming goods that the entrepreneur in the position of the Buyer acquired on the basis of the purchase contract in accordance with § 409 of Act no. 513/1991 Coll. The Commercial Code, as amended, and the Buyer concluded this contract with the Seller.

3. The complaint procedure is an integral part of the purchase contract concluded at a distance between the Seller and the consumer.

4. The complaint procedure is an integral part of the purchase contract concluded between the Seller and other entrepreneurs.

II. DEFECTS IN GOODS

1. The goods are defective if it does not have the properties agreed between the Seller and the Buyer, in such a way that these properties were listed on the Seller's website www.kreativator.sk and the Buyer chose them by executing the Order and Ordering goods according to the Seller's General Terms and Conditions from on 25.07.2020 (hereinafter referred to as "GTC").

2. In the event that the goods have defects, the Buyer may exclusively assert its claims from the Seller for liability for defects.

III. LIABILITY FOR DEFECTS IF THE BUYER IS A CONSUMER

1. If the Buyer is a consumer, the Seller resp. the manufacturer shall be liable in addition to the defects provided for in Article II. paragraph 1 also for defects that occur after taking over the item, within the warranty period of 24 months from the date of taking over. Normal wear and tear of the goods caused by their use is not covered by the warranty.
2. Upon receipt of the goods, the Buyer is obliged to inspect and inspect the goods. If there is significant mechanical damage to the packaging of the goods, the Buyer is obliged to check the condition of the goods and in case of damage to make a record of damage, which must be signed by both the Buyer and the carrier's representative. The carrier is responsible for damage to the goods during the transport of the goods to the customer. Based on the prepared record, the Buyer will be provided with an appropriate solution after the conclusion of the damage event with the carrier.
3. If the Buyer finds damage for which the Seller is responsible, the Buyer is obliged to file a complaint with the Seller without undue delay. - on the e-shop website, there is a table of sizes for each product. In the case of clothing, these sizes may vary by ± 5%. This size deviation is not a product defect and is not a reason to file a complaint.
4. After the reason for the complaint arises, the Buyer is obliged to immediately inform the Seller by e-mail or telephone. The goods must be sent to the branch / collection point: Ing. Ladislav Nyers - 3 STAR, Roľníckej školy 873, 945 01 Komárno.
5. When making a complaint, the Buyer is obliged to deliver the claimed product to the Seller at his own expense to the company. Seller clean, mechanically undamaged, with a copy of the invoice and an accurate description of the defect. The seller is not obliged to accept uncleaned or otherwise contaminated goods that do not comply with hygiene standards.
6. In the case of a defect that can be removed, the Buyer has the right to have it removed free of charge, in a timely manner and properly. The seller is obliged to remove the defect without undue delay or. ensure its removal at the manufacturer.
7. The Buyer may, instead of eliminating the defect, request an exchange of the item or, if the defect concerns only a part of the item, a replacement of the part, if the Seller does not incur disproportionate costs due to the price of the goods or the severity of the defect.
8. The Seller may always replace the defective item with a perfect one instead of eliminating the defect, if this does not cause serious difficulties for the Buyer.
9. If it is a defect that cannot be removed and which prevents the thing from being properly used as a thing without defects, the Buyer has the right to exchange the thing or has the right to withdraw from the contract. The same rights belong to the Buyer in the case of remediable defects, but if the Buyer cannot properly use the thing due to the recurrence of the defect after repair or due to a larger number of defects.
10. The buyer can assert his claims for liability for defects in the following ways:
    • by e-mail, where the claim for liability for defects is considered to have been asserted by the arrival of defective goods to the Seller for the assessment of claims for liability for defects;
    • by letter, while the claim for liability for defects is considered to have been asserted by the arrival of defective goods to the Seller for the assessment of claims for liability for defects.
11. If the Buyer asserts claims for liability for defects (hereinafter also referred to as "claim for goods") under this article in accordance with paragraph 6, the Seller is obliged to determine the method of handling claims for goods immediately, in complex cases no later than 3 working days from the date of claim , in justified cases, especially if a complex technical assessment of the condition of the product is required, no later than 30 days from the date of the complaint. The Seller is obliged to inform the Buyer in person, by letter, in the form of an SMS message or by e-mail about the method of handling the complaint pursuant to this paragraph.
12. After determining the method of handling the complaint pursuant to paragraph 7 of this Article, the complaint shall be settled immediately; in justified cases, the complaint may be settled later, but the settlement of the complaint may not take longer than 30 days from the date of the complaint.
13. After the expiration of the time limit for settling the complaint in vain, the Buyer has the right to withdraw from the contract or the right to exchange the product for a new product.
14. The period from the exercise of the right from liability for damage to the time when the Buyer was obliged to take over the item after the repair is completed does not count towards the warranty period. If the item is exchanged, the warranty period begins to run again from the receipt of the new item.

IV. LIABILITY FOR DEFECTS IF THE BUYER IS AN ENTREPRENEUR

1. The seller shall be liable under this Article for defects in the goods existing at the time of delivery of the goods, even if the defect becomes apparent only after that time.
2. The Seller is also liable for defects that arise after delivery of the goods, if this defect was caused by a breach of the Seller's obligations.
3. The Seller is obliged to deliver the goods to the Buyer in the quantity, quality and version specified in the contract and must pack or equip them for transport in the manner specified in the contract. If the Seller violates the obligation under this paragraph, the goods have defects, and the delivery of other goods is also considered a defect.
4. The Seller shall not be liable for defects in the goods of which the Buyer was aware at the time of concluding the contract or, taking into account the circumstances under which the contract was concluded, should have known, unless the defects relate to the characteristics of the goods.
5. If the delivery of goods with defects violates the contract in a material way, the Buyer may:
   • demand the elimination of defects by delivery of replacement goods for defective goods, delivery of missing goods and demand the elimination of legal defects,
   • demand the elimination of defects by repairing the goods, if the defects are repairable,
   • request a reasonable discount from the purchase price; or
   • withdraw from the contract.
6. If the delivery of defective goods violates the contract in an insignificant manner, the Buyer may request either the delivery of the missing goods and the removal of other defects in the goods or a discount on the purchase price.
7. The buyer can assert his claims for liability for defects in the following ways:
   • by e-mail, the claim for liability for defects is deemed to have been asserted by the arrival of defective goods to the Seller for the assessment of claims for liability for defects;
   • by letter, while the claim for liability for defects is considered to have been asserted by the arrival of defective goods to the Seller for the assessment of claims for liability for defects.

V. CERTIFICATE OF RECOVERY AND CERTIFICATE OF COMPLAINT EQUIPMENT

1. The Seller shall issue a confirmation to the Buyer (hereinafter referred to as the "Confirmation of the Claim") when asserting claims for liability for defects. If the Buyer has asserted its claims for liability for defects pursuant to paragraph 7 of this article, the Seller shall issue a Confirmation of the application of the complaint immediately by e-mail. If it is not possible to issue a Confirmation of the claim to the Buyer immediately, the Seller shall issue it no later than with a certificate of the claim for defects (hereinafter referred to as the "Confirmation of the claim").
2. The Confirmation of the Claim and the Confirmation of the Complaint Procedure need not be delivered if the Buyer can prove the assertion of claims for liability for defects in another way.

VI. ALTERNATIVE RESOLUTION OF CONSUMER DISPUTES

1. The Buyer, who is a consumer for the purposes of this Article, has the right to apply to the Seller for a remedy if he considers that his rights of the Seller have been violated, especially in connection with the assertion of claims for liability for defects.
2. If the Seller has responded to the Buyer's request under the previous paragraph or has not responded within 30 days from the date of sending the request, the Buyer has the right to file an alternative solution to a consumer dispute, while the Buyer's ability to go to court remains.
3. A motion to initiate alternative dispute resolution may be submitted, unless otherwise stated in the rules of alternative dispute resolution, no later than one year from the date of i) delivery of the Seller's negative response to the Buyer's request for redress or ii) expiration of 30 days from when the consumer sent a request for redress to the Seller, to which the Seller did not respond.
4. A proposal for the initiation of alternative dispute resolution may not be filed unless the rules of alternative dispute resolution state otherwise, if i) the Buyer did not demonstrably try to resolve the dispute by communicating with the Seller before submitting the proposal, ii) the quantifiable value of the dispute does not exceed 20 , 00 EUR, iii) the matter to which the proposal relates has previously been dealt with by an ADR entity and the Buyer has been informed of the outcome of its submission, the proposal does not contain any new facts and ADR would be manifestly ineffective in all circumstances, iv ), in all the circumstances, it is clear that an alternative dispute resolution could only be achieved with a disproportionate effort.
5. The subject of alternative dispute resolution is mainly the Slovak Trade Inspection (hereinafter referred to as “SOI”), other subjects of alternative dispute resolution to which the Buyer may apply with a request under this article are listed on the website of the Ministry of Economy of the Slovak Republic http: // www .economy.gov.sk / business / consumer-protection / alternative-solving-consumer-SPORT-1 / list-entities-alternate-riesenia-consumer-resolution).
6. Alternative Dispute Resolution for Consumer Disputes under this Article is free of charge, but this is without prejudice to the right of ADR entities other than SOI to set a Buyer Fee fee for initiating ADR in the amount published on its website ("Fee"). ). However, the amount of the Fee may not exceed the amount of five (5) EUR, including value added tax.
7. The proposal may be submitted in paper form, in electronic form or orally in the minutes. To submit a proposal, the Buyer may use the form (https://www.soi.sk/files/documents/formular/navrh-na-zacatie-ars.pdf) or submit it via the European RSO platform (http: //ec.europa. eu / consumers / odr / index_en.htm) according to no. 14 par. 1 and 2 of Regulation (EU) No 524/2013 of 21 May 2013 on online consumer dispute resolution.

VII. FINAL PROVISIONS

1. The relevant provisions of the Civil Code, the Commercial Code, the Act on the Sale of Goods at a Distance and other generally binding legal regulations governing, inter alia, consumer protection shall apply to legal relations not regulated by these Complaints Rules.
2. These complaint rules come into force and effect on the day of their publication on the website of the Seller,
3. The contracting parties have chosen the Slovak legal system as the applicable law.
4. The Seller reserves the right to amend the Complaints Procedure, and the amended Complaints Procedure becomes binding for the Buyers and part of the purchase contract concluded between the Seller and the Buyer from the date of its publication on the Seller's website.