Returns & refunds

The company DR sro, with its registered office at Uherecká cesta 76, 958 03 Malé Uherce, Slovakia, ID number: 50 244 035, entered in the Commercial Register kept by the Trenčín District Court, Section: Sro, file number: 32891/R (hereinafter referred to as “Seller” “DR ”), by Act no. 250/2007 Coll. On consumer protection and the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offences as amended, as amended (hereinafter referred to as "TCA"), as well as other generally binding legal regulations, issues the following Complaints Procedure (hereinafter also "Complaints Procedure”):


Article I.

Introductory provisions

  1. The Complaints Procedure regulates the rights and obligations of the Seller and the Buyer in connection with complaints about goods and/or services sold and/or provided by the Seller, including the conditions and method of Complaints.
  2. For the Complaints Procedure, it is understood
    1. A Seller is a person who acts within the scope of his business activity or profession, or a person acting on his behalf or his behalf when concluding and fulfilling the Purchase or Consumer Contract. For these Complaints Procedure, the Seller is DR sro, with its registered office at Uherecká cesta 76, 958 03 Malé Uherce, Slovakia, ID number: 50 244 035, registered in the Commercial Register kept by the Trenčín District Court, Section: Sro, file number: 32891 / R ( hereinafter also "DR" or "Seller")
    2. A buyer is a natural person who does not act within the scope of his business, employment or profession when concluding and fulfilling the Purchase or Consumer Agreement, and at the same time 

                     (a) who is interested in purchasing the Goods, 

                      (b) with whom the Seller has or has concluded a Purchase Agreement, or 

                      (c) who is the legal successor of the person referred to in a) or letter b) (hereinafter also “Buyer”).

  1. The complaint is a submission by which the Buyer objects to the defects, functionality or quality of the Goods (hereinafter also "Complaint")
  2. Goods mean one or more movables, most often a handbag, or other movables, which the Seller offers for sale through its Website www.dajanarodriguez.com, and which is the subject of the Purchase Agreement (hereinafter also "Goods")
  3. The purchase contract is an obligation, the proposal of which arises from the Buyer's order. The Purchase Agreement itself is concluded upon delivery of the seller's binding consent to this proposal - confirmation of the order by the seller. From this moment, mutual rights and obligations arise between the Buyer and the Seller. The Seller undertakes to deliver the goods to the Buyer and transfer ownership of the goods to the Buyer and the Buyer undertakes to pay the Seller the purchase price for it, all under the conditions specified in the Purchase Agreement and the Seller's general terms and conditions (hereinafter "Purchase Agreement")
  4. The Website is the website of the Seller published on the website under the address: www.dajanarodriguez.com (hereinafter also "Website")
  5. The Seller offers for sale the Goods, which is the subject of the Purchase Agreement, through its Website www.dajanarodriguez.com  Before purchasing the Goods, the Buyer has to consider his needs, especially the type and size of the Goods and is obliged to take into account the purpose of use of the Goods, design, material composition and method of treatment of the Goods.
  6. The Seller warns that the preconditions for the long life of the Goods, its functionality and fulfilment of the value of the Goods are in particular (a) correct choice of the Goods, (b) correct use of the Goods for the intended purpose, (c) proper and regular care of the Goods and maintenance of the Goods. Insufficient or incorrect care of the Goods, incorrect and/or irregular maintenance of the Goods, excessive use of the Goods, use of the Goods for an inappropriate purpose may result in reduced service life and/or functionality of the Goods, damage or destruction.
  7. The service life of the Goods represents the period during which the Goods can last under the conditions of proper care of the Goods, proper and regular maintenance of the Goods, use of the Goods for the intended purpose, taking into account its properties and degree of use. The service life of the Goods is not to be confused with the warranty period.

 

Article II

Basic conditions Complaints

  1. The Seller is responsible for defects that the Goods have when taken over by the Buyer and for defects that occur after taking over the Goods during the warranty period. The Seller is responsible to the Buyer for the fact that the Goods are free from defects, that it has the properties advertised on the Website, and that the Goods can be used for the promoted purpose.
  2. The warranty period is 24 months and starts from the date of taking over the Goods by the Buyer, with the exceptions stipulated by legal regulations. An additional service can be purchased for selected products - extended warranty, which extends the warranty by 12 months.
  3. The Buyer is entitled to claim the Goods if he finds out during the receipt of the Goods that the Goods have defects or if the defects occur during the warranty period.
  4. A defect of the Goods means a change of the Goods, respectively its properties due to the use of unsuitable or poor quality material, non-compliance with production technology or the use of unsuitable technology, or the use of an unsuitable design solution.
  5. Remediable defect of the Goods means such defects that can be removed by repair without affecting the appearance, functionality and quality of the Goods.
  6. An irremediable defect of the Goods means a defect which cannot be eliminated or the elimination of which, taking into account all decisive circumstances, is not expedient.
  7. The defect of the Goods is not a change of the Goods during the warranty period due to its wear, incorrect use, incorrect, inappropriate or irregular care and maintenance, due to natural changes in the materials from which the Goods are made, due to damage or other incorrect intervention. conditions of proper use and care of the Goods can be found in the Product Care section ).
  8. The seller is not responsible for errors caused by the carrier of the Goods. Upon receipt of the Goods, the Buyer is obliged to check whether the packaging in which the Goods are packed is not damaged. In the event of its damage, it is necessary to write a report on the detected defects caused during transport with the carrier - courier service at the place of delivery of the Goods. If the Buyer takes over the Goods despite the obvious damage to the packaging, the Seller will not accept any subsequent complaints about this reason.

 

Article III.

Form and method of filing a complaint

  1. The Buyer is entitled to file a Complaint in writing; the written form is retained if the Complaint is made electronically to the e-mail: support@dajanarodriguez.com or via the form provided for members of the loyalty program.
  2. The Buyer is obliged to send the Complained Goods to the Seller's production address at the Buyer's own expense: Víťazná 181/42, 958 04, Partizánske - Veľké Bielice Slovakia, by registered mail; the Goods must be insured. Complained Goods that have been sent by cash on delivery will not be accepted. The Goods claimed must be complete, cleaned and hygienic. The Seller shall be entitled to refuse to accept the Goods claimed if they are dirty or not hygienic.
  3. The complaint must contain in particular 

           (a) the name and surname of the Buyer, date of birth, address of permanent residence, correspondence address (if not identical                     and address of permanent residence), date and number of the Order; 

            (b) the subject of the Complaint, ie a more detailed description of the Complaint; 

             (c) what the Buyer demands. The complaint may also contain the Buyer's contact details in the range of telephone number                            and/or e-mail address.

  1. The Buyer may also file a complaint in person by delivering the Goods to the Seller's production address: SR. Alternatively, the goods can be brought to the point of sale Laurinská 138/11, 811 01, Bratislava Slovakia 
  2. If the Complaint does not contain all the data necessary for the proper handling of the Complaint and/or the claimed Goods have not been sent, the Seller shall invite the Buyer to complete and deliver them. At the same time, the Seller will inform the Buyer that if the Buyer does not complete the missing data or evidence within the specified period, which may not be shorter than 7 calendar days, the Complaint will be considered unjustified.
  3. If the Complaint was filed by an unauthorized person, a court or other proceeding is in progress or has been lawfully terminated, the Seller is entitled to reject the Complaint, of which it will notify the Buyer in writing.

 

Article IV.

Warranty conditions and the deadline for filing a complaint

 

  1. The warranty does not cover mechanical damage to the Goods by the Buyer, use of the Goods in inappropriate or unsuitable conditions, neglect of care of the Goods, improper handling and use of the Goods, improper care of the Goods.
  2. The Complaint must be filed without undue delay, no later than within 30 calendar days from the day when the event which forms the subject of the Complaint or is the incentive for the Complaint occurred.
  3. The Seller will issue a confirmation to the Buyer about the application of the Complaint.

 

Article V.

Complaints equipment

  1. Simultaneously with the confirmation of the claim, the Seller shall inform the Buyer of his rights, namely (a) the Buyer has the right to handle the Complaint by generally binding legal regulations and these Complaints Rules, in particular: (b) the Buyer has the right to decide which of the following rights applies:
  2. In the case of a Remediable Defect of the Goods, the Buyer has the right to have the defect rectified free of charge, in a timely and proper manner.
  3. In the event of an Irreparable Defect of the Goods, which prevents the Goods from being properly used as a defect-free item, the Buyer has the right to exchange the Goods or has the right to withdraw from the Purchase Agreement; in the case of other irreparable defects, the Buyer is entitled to a reasonable discount on the purchase price.
  4. In the case of Remediable Defects of the Goods, the Buyer cannot properly use the Goods due to the recurrence of the defect after repair or due to a larger number of defects, the Buyer has the right to replace the Goods or has the right to withdraw from the Purchase Agreement.
  5. The Seller may always replace the defective Goods with faultless ones instead of eliminating the defect if this does not cause serious difficulties to the Buyer.
  6. Based on the Buyer's decision, which of the rights specified in paragraph 1 of this article, the Seller is obliged to determine the method of handling the Complaint immediately, in difficult cases no later than 3 working days from the date of the Complaint, in justified cases, especially if a complex evaluation is required. condition of the Goods, no later than within 30 calendar days from the application of the Complaint.
  7. After determining the method of handling the Complaint, the Seller shall handle the Complaint immediately; in justified cases, the Complaint may be settled later; however, the handling of the Complaint may not last longer than 30 calendar days from the date of the Complaint.
  8. If the Buyer has lodged a Complaint of the Goods within the first 12 months of the purchase, the Seller may process the Complaint by rejection only based on professional judgment; regardless of the result of the professional assessment, the Buyer may not be required to pay the costs of the professional assessment or other costs related to the professional assessment. The Seller is obliged to provide the Buyer with a copy of the expert assessment justifying the rejection of the complaint no later than 14 calendar days from the date of handling the complaint. This does not affect the Seller's obligation under paragraph 6 of this article of the Complaints Procedure.
  9. If the Buyer has filed a Complaint of the Goods after 12 calendar months from the purchase and the Seller has rejected it, the person who handled the Complaint is obliged to state in the complaint handling document to whom the Buyer can send the product for a professional assessment. If the product is sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other related expediently incurred costs, shall be borne by the Seller, regardless of the result of the expert assessment. If the Buyer proves the Seller's liability for the defect by professional assessment, he may file a Complaint again; the warranty period does not run during the professional assessment. The Seller is obliged to reimburse the Buyer within 14 calendar days from the date of re-application of the Complaint all costs incurred for professional assessment, as well as all related purposefully incurred costs. Re-filed Complaints cannot be rejected.
  10. The Seller shall notify the Buyer of the result of the Complaint handling in writing. The written form is retained even if the result of the equipment is announced electronically.
  11. The Buyer shall bear the costs associated with the Complaint unless these Complaints Procedure or generally binding legal regulations provide otherwise.
  12. If the Buyer does not agree with the result of handling the Complaint, he is entitled to file another Complaint against the Seller, no later than within 30 calendar days from the notification of the result of the Complaint. The provisions of these Complaints Rules apply to further Complaints according to the previous sentence, except the possibility of reviewing them with another Complaint against the Seller. This does not affect the provision of paragraph 6 of this article of the Complaints Procedure.
  13. If the Buyer does not agree with the handling of the Complaint, he is entitled to assert his claims in court. The handling of the Complaint does not affect the Buyer's right to damages under generally binding legal regulations.

 

Article VI.

Final provisions

  1. If the Buyer considers that the Seller has violated generally binding legal regulations, he is entitled to contact:
    1. Central Inspectorate of the Slovak Trade Inspection, PO BOX 29, Bajkalská 21 / A, 827 99 Bratislava,
    2. SOI Inspectorate for the Trenčín Region, Hurbanova 59, 911 01 Trenčín, Supervision Department and Legal Department,
    3. other supervisory authorities.
  2. Relations between the Buyer and the Seller, which are not regulated by these Complaints Rules, are governed by the concluded Purchase Agreement, the General Terms and Conditions of the Seller, ZOS, Act no. 40/1964 Coll. Civil Code as amended and generally binding legal regulations.
  3. The Seller is entitled to change these Complaints Rules to change generally binding legal regulations or its business policy. The change of the Complaints Procedure will be made by publishing the amended Complaints Procedure with the determination of its effectiveness, no later than on the day when it is to take effect.
  4. For the avoidance of doubt, this Complaints Procedure does not apply to buyers in the position of a natural person - entrepreneur and legal entity.
  5. The complaint procedure is published on the Seller's website: www.dajanarodriguez.com  At the same time, the Complaints Procedure is available at the Seller's registered office at Uherecká cesta 76, 958 03 Malé Uherce, SR.
  6. This Complaints Procedure shall take effect on November 5, 2021.
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