Complaints and Returns Policy
of the online shop www.doruzova-studio.com
Article I – Introductory Provisions
1. This complaints policy governs the rights and obligations of the contracting parties and the conditions for making and handling complaints arising from a purchase contract concluded between the trader and the consumer, the subject of which is the sale of goods via the trader's online shop operated at www.doruzova-studio.com (hereinafter "online shop"). This complaints policy does not apply to the exercise of rights arising from liability for defects by a buyer who is not a consumer.
2. This complaints policy forms an integral part of the purchase contract specified in Art. I, para. 1 of this complaints policy (hereinafter "purchase contract").
3. This complaints policy has been drawn up in accordance with: Act No. 40/1964 Coll. (Civil Code) as amended; Act No. 108/2024 Coll. on Consumer Protection as amended.
4. Legal relations between the trader and the consumer buyer regarding liability for defects not expressly governed by this complaints policy are subject to the relevant provisions of the Civil Code and the Consumer Protection Act.
5. Liability for defects of the trader regarding a contract concluded with a buyer who is an entrepreneur is governed by Act No. 513/1991 Coll. (Commercial Code) as amended.
6. This complaints policy has been drawn up in the Slovak language.
7. By placing an order, the buyer confirms that they have thoroughly familiarised themselves with this complaints policy and understood its content.
Article II – Definitions
1. Trader means a person who, in connection with a consumer contract, an obligation arising therefrom or a commercial practice, acts within the scope of their business activity or profession, including through another person acting on their behalf or on their account.
2. The trader is the owner of the online shop operated at www.doruzova-studio.com:
Business name: doružova s. r. o.
Reg.: Commercial Register of the Municipal Court Bratislava III, Section Sro, File No. 16315/B
Registered office: Karpatské námestie 10A, 831 06 Bratislava – Rača district
Company ID (IČO): 35 736 186
Tax ID (DIČ): 2021355259
VAT ID (IČ DPH): SK2021355259
Email: hello@doruzova-studio.com
Tel.: +421903215871
3. Buyer means a person who purchases products or uses services, either as a consumer or an entrepreneur.
4. Consumer means a natural person who, in connection with a consumer contract, obligations arising therefrom or a commercial practice, does not act within the scope of their business activity or profession.
5. Entrepreneur means: a person registered in the commercial register; a person operating on the basis of a trade licence; a person operating on the basis of authorisation other than a trade licence under special regulations; a natural person engaged in agricultural production registered in the relevant register.
6. Goods means any tangible movable item; for the purposes of this policy, goods means everything the trader sells.
7. Item means goods sold by the trader through this online shop.
8. Purchase contract means a contract concluded between the trader and the buyer through this online shop or in another suitable manner under the conditions agreed in the general terms and conditions.
9. Online shop means the website at www.doruzova-studio.com through which the contracting parties may conclude a purchase contract.
10. Supervisory authority:
Slovak Trade Inspection (SOI) – Inspectorate for the Bratislava Region
Prievozská 32, P.O. Box 5, 820 07 Bratislava 27
Supervision Department
Tel.: 02/58272 172, 02/58272 104 | Fax: 02/58272 170
Article III – Requirements for the Sold Item
1. The trader undertakes that the sold item will comply with the agreed and general requirements. This does not apply where the trader has notified the buyer that the sold item does not comply with the general requirements and the buyer has agreed to this.
2. The sold item complies with the agreed requirements if in particular it:
(a) corresponds to the description, type, quantity and quality specified in the contract;
(b) is fit for the specific purpose communicated by the buyer to the trader no later than at the conclusion of the contract and agreed by the trader;
(c) has the ability to perform the functions specified in the contract;
(d) has the further characteristics specified in the contract;
(e) is delivered with all accessories specified in the contract;
(f) is delivered with instructions for use, including assembly and installation instructions, as specified in the contract.
3. The sold item complies with the general requirements if in particular it:
(a) is fit for all purposes for which items of the same kind are normally used, taking into account applicable laws and technical standards;
(b) is delivered with accessories, packaging and instructions, including assembly and installation instructions, that the buyer may reasonably expect;
(c) is delivered in quantity, quality and with characteristics, including functionality, compatibility, safety and ability to maintain its performance under normal use, that are normal for items of the same kind and that the buyer may reasonably expect.
4. If the sold item does not comply with these requirements, it is defective.
Article IV – Liability for Defects
1. The trader is liable for any defect that the sold item has at the time of its delivery and that manifests within two years of delivery.
2. For used items, the parties may agree on a shorter liability period, but not shorter than one year from delivery.
3. By agreement or unilateral declaration, a guarantor may determine liability for defects under stricter rules than provided by law. In that case, a written confirmation (warranty certificate) shall be issued.
4. The trader is liable for a defect caused by improper assembly or installation if:
(a) assembly or installation was part of the purchase contract and was performed by the trader or at the trader's responsibility;
(b) assembly or installation to be performed by the buyer was performed incorrectly due to deficiencies in the assembly or installation instructions provided by the trader.
5. If a defect manifests within the period under para. 1 or 2, it is presumed to be a defect existing at the time of delivery, unless proved otherwise or unless this presumption is incompatible with the nature of the item or the defect.
Article V – Making a Complaint
1. The buyer may exercise rights arising from liability for defects only if they have notified the trader of the defect within two months of discovering it, and no later than two years from receipt of the item, failing which the right shall lapse.
2. The buyer may make a complaint by:
(a) sending a notice to the trader's address;
(b) sending a notice by email to hello@doruzova-studio.com.
3. The buyer may use the complaints form published on the trader's website.
4. When making a complaint electronically, photographs or video must be submitted so that the trader can assess the complaint. The goods themselves need not be sent. If the trader cannot assess the complaint based solely on the submitted documents, the buyer will be asked to deliver the complained goods.
5. The trader shall promptly confirm receipt of the complaint in writing, stating the deadline for remedying the defect. The deadline for remedying the defect must not exceed 30 days from the date of notification, unless a longer period is justified by an objective reason beyond the trader's control. If the trader fails to handle the complaint within the set deadline, the buyer may withdraw from the contract or request a price reduction.
6. The buyer is entitled to reimbursement of reasonably incurred costs in connection with notifying the defect for which the trader is liable and exercising rights under liability for defects. This right must be exercised within two months, failing which it shall lapse.
7. If the trader rejects liability for defects, the reasons for rejection must be communicated in writing to the buyer. The trader may reject a complaint if the damage was caused by:
(a) normal wear and tear;
(b) mechanical damage by the buyer;
(c) use in conditions inconsistent with the temperature, humidity, chemical and mechanical effects of the environment;
(d) improper handling or neglect of care;
(e) excessive loading or use contrary to general principles;
(f) natural elements or force majeure.
8. If the buyer proves the trader's liability by an expert opinion or professional assessment issued by an accredited person, the buyer may make the complaint again and the trader may not reject liability. The costs of the expert opinion must be claimed within two months, failing which the right shall lapse.
9. The buyer may refuse to pay the purchase price or part thereof until the trader fulfils their obligations under liability for defects, unless the buyer is in delay with payment at the time of notifying the defect. The buyer shall pay without undue delay after the trader fulfils their obligations.
Article VI – Remedies for an Upheld Complaint
1. In the case of an upheld complaint, the buyer is entitled to: remedy of the defect by repair or replacement; a proportionate price reduction; or withdrawal from the purchase contract.
Repair and replacement:
2. The buyer may choose between repair or replacement. The buyer may not choose a method that is impossible or would cause the trader disproportionate costs compared to the other method. The trader may refuse to remedy the defect if repair or replacement is impossible or would require disproportionate costs.
3. The trader shall repair or replace the item within a reasonable period after the buyer notified the defect, free of charge, at the trader's own expense and without causing significant inconvenience to the buyer.
4. For repair or replacement, the buyer shall hand over or make the item available to the trader or a designated person. The costs of collecting the item are borne by the trader.
5. The trader shall deliver the repaired or replacement item at the trader's own expense in the same or a similar manner as the buyer delivered the defective item, unless otherwise agreed.
6. Where repair or replacement requires removal of the defective item that was installed in accordance with its nature and purpose before the defect appeared, the trader shall ensure removal and installation of the repaired or replacement item.
Price reduction and withdrawal:
7. The buyer is entitled to a proportionate price reduction or may withdraw from the purchase contract without an additional period where:
(a) the trader has not repaired or replaced the item;
(b) the trader has refused to remedy the defect;
(c) the item has the same defect despite repair or replacement;
(d) the defect is of such a serious nature as to justify immediate price reduction or withdrawal;
(e) the trader has declared or it is evident from the circumstances that the defect will not be remedied within a reasonable time or without causing significant inconvenience to the buyer.
8. All circumstances shall be taken into account, including the type and value of the item, the nature and severity of the defect and whether the buyer could reasonably be expected to trust in the trader's ability to remedy the defect.
9. The price reduction must be proportionate to the difference between the value of the sold item and the value it would have had if defect-free.
10. The buyer may not withdraw from the purchase contract if the buyer contributed to the defect or if the defect is negligible. The burden of proof lies with the trader.
11. Where the contract covered the purchase of several items, the buyer may withdraw only in respect of the defective item. The buyer may withdraw in respect of other items only if it cannot reasonably be expected that they will wish to keep the other items without the defective item.
12. The buyer shall return the item to the trader at the trader's expense.
13. The trader shall ensure removal of an item that was installed in accordance with its nature and purpose before the defect appeared. If the trader fails to remove it within a reasonable period, the buyer may arrange removal and delivery to the trader at the trader's expense and risk.
14. The trader shall refund the purchase price within 14 days of return of the item or proof that the buyer sent the item back, whichever is earlier, using the same payment method unless otherwise agreed. All costs related to the refund are borne by the trader.
15. The trader has no right to compensation for damage caused by normal wear and tear or for remuneration for normal use prior to replacement or return.
Article VII – Failure to Collect Repaired Item
1. The buyer must collect the repaired or replaced item within one month of repair or replacement, otherwise a storage fee shall apply.
2. If the buyer fails to collect the item within six months of the collection date, the trader may sell the item.
3. For items of higher value, the trader shall notify the buyer of the intended sale in advance and provide a reasonable additional period for collection.
4. The trader shall promptly pay the buyer the proceeds from the sale less reasonably incurred storage and sale costs, provided the buyer claims their share of the proceeds within the period stated in the trader's notice of intended sale. The trader may destroy the item at the trader's own expense if it could not be sold or if the expected proceeds would not cover the storage and sale costs.
Article VIII – Final Provisions
1. This complaints policy has been drawn up by the law firm Lanikova Group, s.r.o. for the operator of the online shop www.doruzova-studio.com and is protected under Act No. 185/2015 Coll. (Copyright Act) as amended. Without the author's consent, it is prohibited to use this work in any way, including but not limited to copying, publishing, modifying, amending, distributing or otherwise misusing it.
2. This complaints policy enters into force and effect on 26 February 2025.