Complaints Procedure

I. General provisions

1. This Complaints Procedure is issued in accordance with Act No. 40/1964 Coll., the Civil Code as amended (hereinafter referred to as the "Civil Code"), Act No. 250/2007 Coll., on Consumer Protection as amended / hereinafter referred to as the "Consumer Protection Act" /, Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises, as amended, and Act No. 22/2004 Coll. on Electronic Commerce, as amended.
2. The Seller is the company STUDIO 20A s.r.o., with its registered office at Ulica Hraničná 9034/20A, 917 05 Trnava, ID No.: 50 819 119, registered in the Commercial Register of the District Court of Trnava, Section: Sro, Insert No.: 50571/T, VAT ID No.: 2120491219, VAT ID No.: SK2120491219, email: info@artup.sk, telephone number: +421 948 975 542 (hereinafter referred to as the "Seller").
3. The Seller is at the same time the operator of the electronic system through which it operates an online shop on the domain name www.artup.sk (hereinafter also referred to as the "Online Shop").
4. The Complaints Procedure regulates the rights and obligations of the Buyer when claiming rights from defects of the item (goods) under a distance purchase contract concluded with the Seller through the Seller's e-shop operated on the website www.artup.sk.
5. The Buyer is any person (natural person or legal entity) who has filled in and sent an order via the Seller's Online Shop and who has received a confirmation of receipt of the order from the Seller.
6. A consumer is a natural person who does not act within the scope of his/her business activity when concluding a contract under the GTC.
7. Products are goods that are intended for sale and are also published in the Seller's Online Store (hereinafter also referred to as "Products").
8. Contract means a contract of sale, the subject of which is the delivery of the products selected by the Buyer for consideration.

II. References

1. This Complaints Procedure forms part of the General Terms and Conditions published in the Seller's Online Shop.

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

1. The Seller is obliged to deliver the product in accordance with the concluded contract, i.e. in the required quality, quantity and without defects (factual, legal).
2. The Seller shall be liable for defects in the sold product upon receipt by the Buyer. The Seller shall also be liable for defects that occur after the acceptance of the product within the warranty period (warranty). Defects must be claimed by the Buyer from the Seller without undue delay.
3. The buyer is entitled to inspect the sold product before taking delivery.
4. The Seller is not liable for defects caused by:

1. the nature of the product,
2. unprofessional or unauthorised tampering with the product,
3. foreign substances and liquids entering the product,
4. an unavoidable event (natural disasters, etc.),
5. normal wear and tear of the product.

IV. Warranty period

1. The warranty period is 24 months. The warranty period in respect of a used item is 12 months. Warranty periods begin upon receipt of the product by the Buyer.
2. If the Buyer is not a consumer, the provisions of the Commercial Code shall apply and the warranty period is 1 year. The warranty period shall commence in accordance with the provisions of Art. IV, point 1 of this Complaints Procedure.
3. The period from the exercise of the right of liability for defects until the time when the Buyer was obliged to take over the product after the repair was completed is not included in the warranty period. The Seller is obliged to issue the Buyer with a confirmation of when the Buyer exercised the right, as well as of the execution of the repair and the duration of the repair.
4. If the product is exchanged for a new item, the warranty period starts again from the receipt of the new item.
5. Product liability rights for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period.

V. Procedure for exercising liability for defects (Complaints)

1. The Buyer is entitled to exercise the rights of liability for defects by delivering the claimed item to the Seller at the address of the Seller's premises: STUDIO 20A s.r.o., Františkánska 19, 917 01 Trnava.
2. The Buyer may always exercise the right of liability for defects personally at the Seller's place of operation (STUDIO 20A s.r.o., Františkánska 19, 917 01 Trnava) by email or through third parties, e.g. transport companies, mail order companies, Slovak Post, etc., addressed to the Seller's place of operation (STUDIO 20A s.r.o., Františkánska 19, 917 01 Trnava).
3. The buyer is advised to describe the defect and indicate how the defect manifests itself when claiming the item.
4. If the Buyer claims the product otherwise than in person, we recommend the Buyer to send the goods together with a detailed description of the defect of the product and a document proving the purchase of the product in our shop/for example, proof of payment, invoice, warranty card/, in order to speed up the claim process.
5. In case of a complaint, we recommend sending the product by registered mail. Do not send the product by COD, it will not be accepted by us.
6. During the period of operation, the Seller shall designate a person responsible and authorized to receive and handle complaints.
7. Upon receipt of the claimed product by the Seller, the Buyer will be issued a confirmation of the claim immediately; if this is prevented by serious circumstances, it will be issued without undue delay, but at the latest together with the proof of the claim.
8. If the consumer submits a complaint, the seller or his authorized employee or designated person is obliged to instruct the consumer about his rights under the general regulation; based on the consumer's decision which of these rights the consumer claims, he is obliged to determine the method of handling the complaint immediately, in complex cases no later than 3 working days from the date of submission of the complaint, in justified cases, in particular if a complex technical assessment of the condition of the product or service is required, no later than 30 days from the date of submission of the complaint. Once the method of handling the complaint has been determined, the complaint shall be handled immediately; in justified cases, the complaint may also be handled later; however, the handling of the complaint shall not take longer than 30 days from the date of the complaint. If the acceptance of the subject of the complaint by the Seller occurs on a day later than the day on which the complaint is made, the time limits for the settlement of the complaint pursuant to this paragraph shall begin to run from the date of acceptance of the subject of the complaint by the Seller; however, at the latest from the moment when the Seller makes it impossible or prevents the acceptance of the subject of the complaint. After the expiry of the period for the settlement of the complaint, the consumer shall have the right to withdraw from the contract or to have the product replaced by a new product.
9. If the consumer has made a claim for a product within the first 12 months of purchase, the seller may only reject the claim on the basis of a professional assessment; regardless of the outcome of the professional assessment, the consumer may not be required to pay the costs of the professional assessment or any other costs related to the professional assessment. The seller shall provide the consumer with a copy of the professional assessment justifying the rejection of the complaint no later than 14 days from the date of the complaint.
10. If the consumer has filed a complaint after 12 months from the purchase and the seller has rejected it, the person who has settled the complaint is obliged to indicate in the complaint settlement document to whom the consumer can send the product for professional assessment. If the product is sent to a designated person for expert assessment, the costs of the expert assessment, as well as any other costs reasonably incurred in connection therewith, shall be borne by the seller, irrespective of the outcome of the expert assessment. If the expert assessment proves that the seller is liable for the defect, the consumer may reassert the claim; the warranty period shall not expire while the expert assessment is being carried out. The seller shall reimburse the consumer within 14 days from the date of the reasserted claim for all costs incurred for the professional assessment as well as all related costs reasonably incurred. The reasserted claim cannot be rejected.
11. The consumer has the right to reimbursement of the necessary costs (in particular the postage costs paid by the consumer when sending the claimed goods) incurred in connection with the exercise of his/her legitimate rights under the liability for defects in goods and services.
12. The requirements of the expert assessment under point 9 of this Article:

(a) identification of the person carrying out the expert assessment,

(b) the precise identification of the product under consideration,

(c) a description of the condition of the product,

(d) the outcome of the assessment,

(e) the date of the expert assessment.

1. The Seller is obliged to inform the Consumer about the handling of the complaint and the manner of its handling, in a suitable and demonstrable form /in writing/, no later than 30 days from the date of the complaint. The Seller is obliged to issue a written proof of the complaint within 30 days from the date of the complaint.
2. Completion of the complaint procedure / complaint / is considered as its settlement. The settlement of a complaint is understood as the end of the complaint procedure by handing over a repaired product, replacing the product, refunding the purchase price of the product, paying a reasonable discount on the price of the product, or a reasoned rejection of the complaint.
3. The Seller shall deliver the claimed product to the Buyer after the claim has been processed in the same form as the claim was made by the Buyer. A change in the form of delivery is possible only upon the Buyer's consent.

VI. Buyer's rights when exercising liability for defects

1. If it is a defect that can be remedied, the buyer has the right to have it remedied free of charge, in a timely and proper manner. The Seller is obliged to remove the defect without undue delay. The Buyer may, instead of removing the defect, require replacement of the product or, if the defect relates only to a part of the product, replacement of the part, provided that the Seller does not incur disproportionate costs in relation to the price of the product or the seriousness of the defect. The Seller may always replace the defective product with a faultless one instead of removing the defect if this does not cause the Buyer serious inconvenience.
2. If there is a defect which cannot be remedied and which prevents the product from being properly used as a product without defect, the buyer has the right to have the product replaced or to withdraw from the contract. The same rights shall apply to the buyer if the defects are remediable, but the buyer cannot properly use the product due to the reoccurrence of the defect after repair or due to a greater number of defects. In the case of other irremediable defects, the buyer is entitled to a reasonable discount on the price of the product.
3. If the item sold for a lower price or the used item has a defect for which the seller is liable, the buyer has the right to a reasonable discount instead of the right to exchange the item.

VII. Final Provisions

1. This Complaint Procedure is valid and effective at the moment of its publication in the Seller's Internet shop on 05.06.2023.