Complaints Order of Space Studios s.r.o.
I. General Provisions
This complaint order 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 Off-Premises Contract of the Seller, as amended, and Act No. 22/2004 Coll., on Electronic Commerce, as amended.
The Seller is the business company Space Studios, with its registered office at Jenisejská 45/A, 040 12 Košice, IČO: 53 317 378, registered in the Commercial Register of the District Court Košice I, Section: Sro, Insert No.: 49921/V, VAT: 2121333731, email: info@spacestudios.eu, Telephone number: 0951 761 532 (hereinafter referred to as the “Seller”).
The Seller is also the operator of an electronic system through which it operates an online store under the domain name spacestudios.eu (hereinafter referred to as the “Online Store”).
This Complaint Order regulates the rights and obligations of the Buyer – a consumer when asserting rights concerning defects in the item (goods) under a distance purchase contract with the Seller via the Seller’s Online Store available at spacestudios.eu.
The Buyer is any person (natural or legal) who filled out and sent an order through the Seller’s Online Store or placed an order via email, upon which a price offer was sent by the Seller and accepted by the Buyer.
The Consumer is a natural person who, when entering into a contract under the Seller’s Terms and Conditions, does not act within the scope of their business or entrepreneurial activity.
Products are items intended for sale and are also published in the Seller’s Online Store (hereinafter referred to as “Products”).
The contract refers to the purchase agreement.
II. References
This Complaint Order is an integral part of the General Terms and Conditions published in the Seller’s Online Store.
III. Seller’s Liability for Product (Goods and Services) Defects
The Seller is obliged to deliver the product in accordance with the concluded contract, in the desired quality, quantity, and without defects (factual, legal).
The Seller is responsible for defects that the sold product has at the time of acceptance by the Buyer. The Seller is also responsible for defects that occur after the product has been received within the warranty period. The Buyer must report defects to the Seller without undue delay.
The Buyer is entitled to inspect the item before accepting it.
The Seller is not responsible for defects caused by:
The nature of the product
Unprofessional or unauthorized interference with the product
Foreign substances and liquids that enter the product
Irresistible events (natural disasters, etc.)
Normal wear and tear of the product
IV. Warranty Period
The warranty period is 24 months. In the case of used items, the warranty period is 12 months. Warranty periods begin to run from the date of receipt of the product by the Buyer.
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 begins in accordance with Article IV, point 1 of this Complaint Order.
The period from the exercise of the rights regarding defects until the Buyer is obliged to take over the product upon completion of the repair shall not be counted as part of the warranty period. The Seller is obliged to issue the Buyer a confirmation of when the rights were asserted, as well as confirmation of the repair and its duration.
If the product is exchanged for a new one, the warranty period starts again from the date of receiving the new product.
Rights arising from liability for product defects covered by the warranty period expire if not claimed within the warranty period.
V. Procedure for Exercising Rights of Liability for Defects (Complaint)
The Buyer is entitled to assert their rights regarding defects by delivering the claimed item to the following address: Space Studios s.r.o., with its registered office at Jenisejská 45/A, 040 12 Košice.
The Buyer may always exercise their right in person at the Seller’s place of business or through third parties, such as transport companies, parcel companies, Slovak Post, a.s.
When asserting the claimed item, the Buyer is recommended to describe the defect and specify how the defect manifests itself.
In the event that the Buyer submits a complaint by means other than in person, the Buyer is advised to send the product along with a detailed description of the product’s defect and proof of purchase of the product in our store (e.g., payment receipt, invoice, warranty certificate) to expedite the complaint process.
In the case of a complaint, it is recommended to send the product by registered mail. The product should not be sent cash on delivery, as it will not be accepted on our part.
During the operational period, the Seller shall designate a person responsible and authorized to accept and process complaints.
Upon receiving the claimed product, the Seller will immediately issue a confirmation of the complaint; if serious circumstances prevent this, without undue delay, but no later than together with the document concerning the processing of the complaint.
If a consumer asserts a complaint, the Seller or an authorized employee or person designated must inform the consumer of their rights under the general regulations. Based on the consumer’s decision regarding which of these rights they assert, the method for processing the complaint must be determined immediately and, in complex cases, no later than within 3 working days from the day of asserting the complaint. In justified cases, especially if complex technical assessment of the condition of the product or service is required, the processing of the complaint may take up to 30 days from the day of asserting the complaint. If the acceptance of the subject of the complaint by the Seller occurs on a later date than the day when the complaint was filed, the deadlines for processing the complaint shall commence on the day the Seller received the subject of the complaint from the Buyer, but no later than from the moment the Seller makes it impossible or obstructs the acceptance of the subject of the complaint. After the expiration of the deadline for processing the complaint, the consumer has the right to withdraw from the contract or the right to exchange the product for a new one.
If the consumer asserts a complaint about a product during the first 12 months from the date of purchase, the Seller may only reject it on the basis of an expert assessment. Regardless of the result of the expert assessment, the consumer cannot be required to reimburse the costs of an expert assessment or other costs related to the expert assessment. The Seller is obliged to provide the consumer with a copy of the expert assessment justifying the rejection of the complaint no later than within 14 days from the day of processing the complaint.
If the consumer asserts a complaint about the product more than 12 months from the date of purchase, and the Seller rejected it, the person who processed the complaint is obliged to include in the document on the processing of the complaint where the consumer can send the product for an expert assessment. If the product is sent for expert assessment to the designated person, the costs of the expert assessment, as well as all other costs reasonably incurred in connection with the expert assessment, shall be borne by the Seller regardless of the result of the expert assessment. A rejected complaint can be reasserted.
The consumer has the right to reimbursement of necessary costs (especially postage paid when sending the claimed goods) incurred in connection with the assertion of justified rights arising from the liability for defects in goods and services.
Requirements of expert assessment according to point 9 of this article:
Expert assessment must contain:
a) Identification of the person performing the expert assessment,
b) Precise identification of the product being assessed,
c) Description of the product’s condition,
d) The result of the assessment,
e) The date of the expert assessment.
The Seller is obliged to inform the Consumer in a suitable and provable manner in writing about the processing of the complaint and the method of its settlement, but no later than within 30 days from the date of asserting the complaint. The Seller is obliged to issue a written confirmation of the complaint settlement within 30 days from the date of asserting the complaint.
The completion of the complaint procedure (complaint) is considered the settlement of the complaint. Settlement of the complaint means the completion of the complaint procedure by handing over the repaired product, exchanging the product, refunding the purchase price of the product, paying a reasonable discount from the product price, or justified rejection of the complaint.
After settling the complaint, the Seller will deliver the claimed product to the Buyer in the same way as the complaint was asserted. Changing the form of delivery is only possible with the consent of the Buyer.
VI. Buyer’s Rights when Exercising Rights of Liability for Defects
If it is a defect that can be removed, the Buyer has the right for the defect to be removed free of charge, in a timely manner, and properly. The Seller is obliged to remove the defect without undue delay. The Buyer may request the exchange of the product or, if the defect pertains only to a part of the product, the exchange of the part if this does not result in the Seller incurring unreasonable costs considering the price of the product or the seriousness of the defect. The Seller may always replace the faulty product with a non-defective one, provided that this does not cause serious difficulties to the Buyer.
If the defect cannot be removed and prevents the product from being used properly as a defect-free product, the Buyer has the right to exchange the product or the right to withdraw from the contract. The same rights belong to the Buyer if it concerns defects that, while removable, cannot be removed, and if, after repeated removal of defects, a greater number of defects occur or other substantial defects occur. If it concerns other removable defects, the Buyer has the right to a reasonable price reduction.
If an item is sold at a lower price or if it is a used item and has a defect for which the Seller is liable, the Buyer has the right to a reasonable price reduction instead of the right to a replacement item.
VII. Final Provisions
This Complaint Order is valid and effective from the date of its publication on the Seller’s Online Store on February 2, 2023.
The Seller reserves the right to change this Complaint Order. The obligation to notify the Buyer of changes to the Complaint Order is met by its placement in the Seller’s Online Store.
Address for returning goods:
Space Studios s.r.o.
Vysný Čaj 102
04416 Bohdanovce, near Košice
Contact Information:
Email: info@spacestudios.eu
Phone number: +421 951 761 532