Complaints procedure
COMPLAINTS PROCEDURE
I. Identification of the trader
1.1. This Complaints Procedure (hereinafter the “CP”) governs the legal relationships between the company
Business name: HypeDress s.r.o.
Registered office: Klincová 37/B, 821 08 Bratislava, Slovak Republic
Registered in: Commercial Register of the District Court Bratislava III, Section: Sro, Insert No. 161840/B
Company ID (IČO): 54589835
Tax ID (DIČ): 2121761598
VAT ID (IČ DPH): SK2121761598
The seller is a VAT payer
(hereinafter the “Seller” or the “Trader”) and every person who is a Buyer of products offered by the Seller on the Seller’s website and who acts as a consumer within the meaning of the further provisions of these General Terms and Conditions and the relevant laws defining a consumer under the applicable legislation of the Slovak Republic, in particular: Act No. 108/2024 Coll. on Consumer Protection and on amendments to certain acts, as amended, and Act No. 40/1964 Coll., the Civil Code, as amended, with the exception set out in point 4.4 of this Complaints Procedure, which governs the legal relationship between the Trader and a Buyer who does not act as a consumer.
1.2. The Seller’s email and telephone contact is:
Email: hypedress@hypedress.sk
Tel.: +421 915 402 168
1.3. The address for sending documents, complaints and withdrawals from contracts is:
HypeDress s.r.o., Klincová 37/B, 821 08 Bratislava, Slovak Republic
II. Basic provisions
2.1. This complaints procedure governs the legal relationships between Buyers who are consumers and the Trader.
III. Exercising rights arising from liability for defects
3.1. The Buyer may exercise rights arising from liability for defects only if they notified the Seller of the defect without undue delay, at the latest within 24 months of receiving the item. If the defect is not notified within this period, the rights arising from liability for defects expire. If the buyer is not a consumer, the provisions of the Commercial Code apply and the warranty period is 1 year. The warranty period begins on the day the goods are received from the carrier or directly from the seller, if the buyer collects the goods in person, on the day of collection.
3.2. The Buyer is obliged to submit a complaint to the seller without delay, immediately after discovering the defect, at the seller’s address (HypeDress s.r.o., Klincová 37/B, 821 08 Bratislava) or by email to: (hypedress@hypedress.sk)
3.3. The claimed goods must be sent to the Seller’s address, not cash on delivery but as a standard parcel. The goods must be suitably packed to prevent damage during transport. A Complaint Form must be completed (electronically) for the goods. You will find a simple procedure together with the complaint form here: Returns and exchanges.
3.4. The Seller will confirm receipt of the complaint in an appropriate manner and issue confirmation of its resolution as soon as possible. The day on which the complaint is filed is the day it is delivered to the seller.
3.5. The Seller is obliged to determine how the complaint will be handled immediately, or in complex cases within 3 days of the complaint being filed. However, handling the complaint must not take longer than 30 days from the date it was filed. After the 30-day period for handling the complaint has elapsed, the buyer has the right to withdraw from the purchase contract and receive a full refund for the goods, or the right to have the goods replaced with new ones.
IV. Liability for defects
4.1. The Seller is liable for any defect that the item sold has at the time of delivery and that becomes apparent within two years of delivery.
4.2. If the subject of the purchase is an item with digital elements for which digital content is to be supplied or a digital service provided continuously over an agreed period, the seller is liable for any defect in the digital content or digital service that occurs or becomes apparent during the entire agreed period, but for at least two years from delivery of the item with digital elements.
4.3. For used items, the parties may agree on a shorter period of the seller’s liability for defects than in paragraphs 4.1 and 4.2, but not shorter than one year from delivery of the item.
4.4. The Seller is liable for any defect that the item sold has at the time of delivery to the Buyer and that becomes apparent within 6 months of delivery, in the event that the Buyer does not act as a consumer.
4.5. Claims under warranty expire for defects caused by:
4.5.1. neglect of care and maintenance of the goods (ironing at high temperature, use of softeners and fabric conditioner, washing with clothing that has Velcro)
4.5.2. mechanical damage to the product by the buyer (abrasion against sharp objects, Velcro, backpacks and sharp objects)
V. Rights arising from liability for defects
5.1. If the seller is liable for a defect in the item sold, the buyer has the right to have the defect remedied by repair or replacement, the right to a reasonable discount on the purchase price or the right to withdraw from the purchase contract
5.2. The buyer may refuse to pay the purchase price or part of it until the seller fulfils its obligations arising from liability for defects, unless the buyer is in default with payment of the purchase price or part of it at the time the defect is notified. The buyer shall pay the purchase price without undue delay after the seller has fulfilled its obligations.
5.3. The buyer may exercise rights arising from liability for defects, including the right under point 5.2, only if they notified the defect within two months of discovering it, and at the latest before the expiry of the period under points 4.1 to 4.3 of this Complaints Procedure.
5.4. Exercising rights arising from liability for defects does not exclude the buyer’s right to compensation for damage caused by the defect.
VI. Notification of a defect
6.1. A defect may be notified at any of the seller’s premises, to another person of whom the seller informed the buyer before concluding the contract or before sending the order, or by means of distance communication at the address of the seller’s registered office or place of business or at another address of which the seller informed the buyer when or after concluding the contract.
6.2. If the buyer notified the defect by postal consignment which the seller refused to accept, the consignment is deemed delivered on the day of refusal.
6.3. The seller shall provide the buyer with written confirmation of the notification of the defect without delay after the buyer has notified it. In the confirmation, the seller shall state the period within which it will remedy the defect in accordance with Section 507(1) of Act No. 40/1964 Coll., the Civil Code, as amended. The period notified under the previous sentence must not be longer than 30 days from the date the defect was notified, unless a longer period is justified by an objective reason beyond the seller’s control.
6.4. If the seller rejects liability for defects, it shall notify the buyer of the reasons for rejection in writing. If the buyer proves the seller’s liability for the defect by an expert opinion or professional statement issued by an accredited, authorised or notified person, the buyer may notify the defect again and the seller may not reject liability for the defect; Section 621(3) of Act No. 108/2024 Coll. on Consumer Protection and on amendments to certain acts, as amended, does not apply to the repeated notification of the defect. Section 509(2) of Act No. 40/1964 Coll., the Civil Code, as amended, applies to the consumer’s costs associated with the expert opinion and professional statement.
6.5. If, before concluding the contract or, where the contract is concluded on the basis of the buyer’s order, before sending the order, the seller informed the buyer that defects may also be notified to another person, the acts or omissions of that person are considered acts or omissions of the seller for the purposes of liability for defects.
VII. Remedying a defect
7.1. The buyer has the right to choose whether the defect is remedied by replacing or repairing the item. The buyer may not choose a method of remedying the defect that is impossible or that, compared with the other method, would cause the seller disproportionate costs in view of all the circumstances, in particular the value the item would have without the defect, the seriousness of the defect and whether the other method would cause the buyer significant inconvenience.
7.2. The seller may refuse to remedy the defect if neither repair nor replacement is possible or if they would require disproportionate costs in view of all the circumstances, including those under point 7.1, second sentence.
7.3. The seller shall repair or replace the item within a reasonable period after the buyer has notified the defect, free of charge, at its own expense and without causing the buyer significant inconvenience, taking into account the nature of the item and the purpose for which the buyer required it.
7.4. For the purposes of repair or replacement, the buyer shall hand over or make the item available to the seller or to a person under Section 622(5) of Act No. 108/2024 Coll. on Consumer Protection and on amendments to certain acts, as amended. The costs of taking over the item are borne by the seller.
7.5. The seller shall deliver the repaired or replacement item to the buyer at its own expense in the same or a similar manner as the buyer delivered the defective item, unless the parties agree otherwise. If the buyer does not collect the item within six months of the day on which they should have collected it, the seller may sell the item. If the item is of greater value, the seller shall notify the buyer of the intended sale in advance and give them a reasonable additional period to collect it. Immediately after the sale, the seller shall pay the buyer the proceeds of the sale after deducting the costs reasonably incurred for its storage and sale, provided the buyer claims their share of the proceeds within the reasonable period stated by the seller in the notice of the intended sale. The seller may destroy the item at its own expense if it could not be sold or if the expected proceeds would not even cover the costs reasonably incurred by the seller for storing the item and the costs the seller would necessarily incur to sell it.
7.6. When remedying a defect, the seller shall arrange for the removal of the item and the installation of the repaired or replacement item if the replacement or repair requires the removal of a defective item that was installed in accordance with its nature and purpose before the defect became apparent. The seller and buyer may agree that the buyer will arrange the removal of the item and the installation of the repaired or replacement item at the seller’s expense and risk.
7.7. When a defect is remedied by replacing the item, the seller is not entitled to compensation for damage caused by normal wear and tear or to payment for normal use of the item before its replacement.
7.8. The seller is liable for defects in the replacement item pursuant to Section 619 of Act No. 108/2024 Coll. on Consumer Protection and on amendments to certain acts, as amended.
7.9. The buyer is entitled to a reasonable discount on the purchase price or may withdraw from the purchase contract even without granting an additional reasonable period under Section 517(1) of Act No. 40/1964 Coll., the Civil Code, as amended, if
a) the seller has neither repaired nor replaced the item,
b) the seller has not repaired or replaced the item in accordance with Section 623(4) and (6) of Act No. 108/2024 Coll. on Consumer Protection and on amendments to certain acts, as amended,
c) the seller has refused to remedy the defect under Section 623(2) of Act No. 108/2024 Coll. on Consumer Protection and on amendments to certain acts, as amended,
d) the item has the same defect despite repair or replacement,
e) the defect is so serious that it justifies an immediate discount on the purchase price or withdrawal from the purchase contract, or
f) the seller has declared, or it is clear from the circumstances, that it will not remedy the defect within a reasonable period or without causing the buyer significant inconvenience.
7.10. The discount on the purchase price must be proportionate to the difference between the value of the item sold and the value it would have had without defects.
7.11. The buyer may not withdraw from the purchase contract under point 7.9 if the buyer contributed to the occurrence of the defect or if the defect is negligible. The burden of proof that the buyer contributed to the defect and that the defect is negligible lies with the seller.
7.12. If the contract concerns the purchase of several items, the buyer may withdraw from it only in relation to the defective item. In relation to the other items, the buyer may withdraw from the contract only if it cannot reasonably be expected that they would want to keep the other items without the defective one.
7.13. After withdrawing from the contract or part of it, the buyer shall return the item to the seller at the seller’s expense. The seller shall arrange for the removal of an item that was installed in accordance with its nature and purpose before the defect became apparent. If the seller does not remove the item within a reasonable period, the buyer may arrange for its removal and delivery to the seller at the seller’s expense and risk.
7.14. After withdrawal from the contract, the seller shall refund the purchase price to the buyer no later than 14 days from the day the item is returned to the seller or after proof that the buyer has sent the item to the seller, whichever occurs first.
7.15. The seller shall refund the purchase price or pay the discount on the purchase price to the buyer using the same method the buyer used to pay the purchase price, unless the buyer expressly agrees to another method of payment. All costs associated with the payment are borne by the seller.
7.16. The seller is not entitled to compensation for damage caused by normal wear and tear of the item or to payment for normal use of the item before withdrawal from the purchase contract.
VIII. Liability for defects in digital content
8.1. The trader is liable for any defect that the digital content has at the time of its supply and that becomes apparent within two years of supply, where the digital content is supplied as a single act or as a series of individual acts of supply.
8.2. The trader shall remedy the defect in the digital content within a reasonable period after the consumer has notified it, free of charge and without causing the consumer significant inconvenience, taking into account the nature of the digital content and the purpose for which the consumer required it.
8.3. The trader may refuse to remedy the defect if remedying it is impossible or would cause the trader disproportionate costs in view of all the circumstances, in particular the value the digital content would have without the defect and the seriousness of the defect.
IX. Liability for defects in services
9.1. The contractor is liable for defects that the item has when it is taken over by the customer.
9.2. If a defect becomes apparent within 24 months of the day on which the customer should have taken over the item, it is presumed that the defect already existed at the time of takeover. This does not apply if the contrary is proven or if this presumption is incompatible with the nature of the item or the defect.
X. Final provisions
10.1. This Complaints Procedure forms an integral part of the General Terms and Conditions and the Personal Data Protection Principles and Notice of this Website. The documents – General Terms and Conditions and Personal Data Protection Principles and Notice of this Website – are published on the domain of the Seller’s Website.
10.2. This Complaints Procedure is valid and effective from the moment of its publication on the Seller’s Website on 1.11.2023