Complaints Procedure

This Complaints Procedure is an integral part of the General Terms and Conditions of the Seller - Colette Boutique s.r.o., with its registered office at Karpatské námestie 7770/10A, 831 06 Bratislava, ID No.: 53 923 804, registered in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No.: 153995/B (hereinafter referred to as the "Seller" or "Colette") (hereinafter referred to as the "Complaints Procedure").

The Colette Complaints Regulations are 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., the Consumer Protection Act and Act No. 372/1990 Coll., the Offences Act, 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 business premises and on amendment and supplementation of certain acts (hereinafter referred to as "Act No. 102/2014 Coll.") and Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts, as well as other generally binding legislation of the Slovak Republic. By concluding a purchase contract in a brick-and-mortar shop or through the Seller's e-shop, this Complaints Procedure becomes part of the contractual documentation between the Seller and the Buyer

In accordance with Section 18(1) of the Consumer Protection Act, the Seller and in accordance with Section 3(1)(g) of Act No. 102/2014 Coll., the Seller duly informs the Consumer (hereinafter also referred to as the "Purchaser" or "Buyer") of the conditions and method of exercising the rights of liability for defects (hereinafter also referred to as the "Claim"), including information on where the Claim may be filed.

This Complaints Procedure applies to the complaint of goods acquired by the Buyer from the Seller in the Colette store, Krížna 8, 811 07 Bratislava and also in the Seller's e-shop www.colette.sk.

The Seller shall be liable for defects in the goods sold upon receipt by the Buyer and for defects in the goods that become apparent after receipt of the goods within the warranty period (warranty).

The warranty period starts from the moment of receipt of the goods by the buyer. The buyer is obliged to claim the goods without undue delay after the defect has been detected, so that the claim can be properly assessed and handled. If the goods have an expiry date or a minimum durability date marked on the packaging, the Buyer must exercise the rights of liability for defects in respect of these goods with the Seller without delay, at the latest before the expiry of the expiry date or the minimum durability date. Liability rights in respect of perishable goods must be asserted no later than the day following the purchase; otherwise the rights shall lapse.

If the goods are replaced, the warranty period will start again from the receipt of the new goods.

The seller is not liable for defects in the goods if:

the goods are claimed after the expiry of the warranty period or other period within which the goods are to retain their specific characteristics, subject to the storage conditions set by the manufacturer,
the buyer caused the defect in the goods himself (e.g. due to improper storage of the goods),
the buyer was aware of the defect in the goods prior to taking delivery of the goods or was expressly and clearly advised of the defect, and if a discount on the purchase price of the goods was granted due to the defect in the goods.
If the seller offers the buyer additional goods free of charge as a gift when purchasing the goods, it is the buyer's choice whether to accept the offered goods as a gift. However, the gift is not the goods sold, therefore the seller is not liable for any defects. However, if the seller is aware of any defects in the gift, he is obliged to draw the buyer's attention to these defects when offering the gift. If the gift has defects that the seller has not warned the buyer about, the buyer is entitled to return the gift. If the buyer has the right to withdraw from the contract of sale (refund), the buyer is obliged to return to the seller everything he has received under the contract and also everything he has received from the gift contract as a dependent contract from the contract of sale, i.e. also the goods received as a gift, with the exception of the gift captured on a medium other than a tangible medium (electronic content).

The Buyer is obliged to provide assistance to resolve the complaint, in particular by providing his name, surname, delivery address, e-mail address, telephone number, date of the complaint, description of the defect in the goods and the required method of complaint handling. In order for the complaint to be properly assessed, it is essential that the goods complained of are complete and in accordance with general hygiene principles.

If the goods are defective and can be rectified, the buyer has the right to have them rectified free of charge, in a timely and proper manner.

The buyer may demand replacement of the goods instead of removal of the defect or, if the defect concerns only a part of the goods, replacement of the part, unless the seller incurs disproportionate costs in relation to the price of the goods or the severity of the defect.

The Seller may always replace the defective goods with faultless ones instead of removing the defect, if this does not cause serious inconvenience to the Buyer.

If there is a defect in the goods which cannot be remedied and which prevents the goods from being properly used as a thing without defect, the buyer has the right to have the goods replaced or to withdraw from the contract of sale.

If there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the goods.

If the goods have defects of which the seller is aware, he is obliged to draw the buyer's attention to them when negotiating the purchase contract. If a defect subsequently comes to light which the seller did not warn the buyer about, the buyer is entitled to a reasonable discount on the agreed price corresponding to the nature and extent of the defect; if the defect renders the goods unusable, the buyer is also entitled to withdraw from the contract. The buyer shall also have the right to withdraw from the contract if the seller has assured him that the goods have certain characteristics, in particular those mentioned by the buyer, or that they have no defects, and this assurance proves to be false.

The buyer is obliged to inspect the consignment, i.e. the goods as well as their packaging immediately after delivery in the presence of the carrier. In the event of discovering the existence of a defect in the goods, the Buyer is obliged to immediately notify this fact by e-mail to: info@colette.sk or by telephone at +421 915 287 925, while the carrier is obliged to allow the Buyer to make a record of the extent and nature of the defect in the goods, the accuracy of which shall be confirmed by the carrier. All costs reasonably incurred in returning the goods to the Seller in this case shall be borne by the Seller.

The Customer has the right to make a claim in person at Colette's office located at Krížna 8, 811 07 Bratislava or by phone at +421 915 287 925 or by sending an e-mail to info@colette.sk or by filling in the claim form https://www.colette.sk/wp-content/uploads/2021/10/Reklamacny-formular.doc.

Complaint proceedings in respect of goods deliverable to the Seller shall commence on the date on which all of the following conditions are cumulatively fulfilled:

a) delivery of the Notice of Claim to the Seller, and
(b) delivery of the goods claimed by the Buyer to the Seller.

The Seller shall issue to the Buyer a confirmation of the claim in a suitable form chosen by the Seller, e.g. In the form of an e-mail or in a paper form, in which the Seller is obliged to indicate precisely the claimed defects of the goods, the method of handling the claim requested by the Buyer, the date of the claim, the date of receipt of the claim, the number of the claim, the contact details of the Buyer, the name of the person who handles the claim, when and where the goods were purchased and the price at which the goods were purchased, and if the confirmation is in a paper form, it also contains the signature of the person who handles the claim, the signature of the Buyer and the Seller's stamp.

If the claim is made by means of remote communication, the Seller is obliged to deliver the confirmation of the claim to the Buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the proof of the claim processing.

The Seller is obliged to handle the complaint immediately, in complex cases no later than 3 working days from the date of the complaint, in justified cases, especially if a complex technical evaluation of the condition of the goods is required, no later 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 of the complaint, the time limits for the processing of the complaint 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 time limit for processing the complaint, the buyer has the right to withdraw from the contract or has the right to exchange the product for a new product.

The Seller will inform the Buyer about the result of the complaint immediately after the end of the complaint procedure by phone or in writing and at the same time the Buyer will receive a proof of the complaint together with the goods or by e-mail. The duration of the claim is calculated from the day after the claim is made until the day of the claim settlement. After the expiration of the period for processing the complaint, the buyer - consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods.

The Seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:

(a) exchange of goods,
(c) refunding the purchase price of the goods in the form of other goods of the Seller's choice, if the goods are purchased in the Seller's business unit,
(d) a refund of the purchase price in cash or on account
(e) by payment of a reasonable discount on the price of the goods,
(f) by written notice to take delivery of the performance specified by the seller,
(g) by reasoned rejection of a claim for goods.

The buyer is entitled to reimbursement of the necessary costs incurred in connection with the exercise of the rights of liability for defects

The settlement of the complaint is without prejudice to the consumer's right to compensation for damages under a special regulation.

In the case of goods returned by post or through the Seller's distribution partner due to a defect in the goods, the Buyer is entitled to a refund of the postage charge. The fee will be refunded to the bank account indicated by the Buyer within 14 days from the date of receipt of proof of payment by the Seller.

If the Buyer is not satisfied with the manner in which the Seller has handled his complaint or believes that the Seller has violated his rights, he has the right to contact the Seller with a request for redress. If the Seller responds to the request for redress in a negative manner or fails to respond to such a request within 30 days from the date of its dispatch by the Customer, the Customer shall have the right to file a proposal for the initiation of an alternative dispute resolution pursuant to the provisions of Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and on Amendments and Additions to Certain Acts, as amended.

The competent entity for alternative dispute resolution of consumer disputes with the Seller is the Slovak Trade Inspection or another competent authorised legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1); the customer has the right to choose which of the above alternative dispute resolution entities to turn to, without prejudice to the possibility of turning to court.

In case of purchase in the Seller's e-shop, the Buyer confirms by sending the order that he/she has read the General Terms and Conditions, of which this Complaints Procedure is an integral part, and that he/she agrees with them, in the version valid and effective on the date of sending the order.

The Seller reserves the right to make changes to this Complaints Procedure without prior notice. In relation to the Buyer, the Seller shall be bound by the Complaints Regulations as in force at the time of the online order or purchase at the Colette store, Krížna 8, 811 07 Bratislava.

Supervision over compliance with the obligations of the seller in matters of consumer protection under the applicable legislation is carried out by the Slovak Trade Inspection.

This Complaints Procedure shall enter into force and effect on 1 December 2021

About Colette

Authentic restaurant with modern French cuisine in the style of Paris on a plate. Here you will enjoy French specialties, excellent wine and original desserts. In addition, we also prepare a traditional brunch for you every weekend. J´adore!

Krížna 8, 811 07 Bratislava,
Slovak Republic
Phone: +421 908 889 308
Email: info@colette.sk

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