Refund policy

I. General provisions

The return policy forms an integral part of the general terms and conditions (hereinafter referred to as the ‘GTC’) of the seller Mgr. Dominika Artim; place of business: Na Bikoši 14883/23, 080 01 Prešov; IČO (company registration number): 53334124, registered in the Trade Register of the District Office Prešov, Trade Register No.: 750-55951 and describes the procedure, how to approach the complaint of goods acquired from the seller.

The purchaser, who may be an entrepreneur or a consumer, is obliged to get acquainted with the Return Policy and the General terms and conditions prior to the order of goods. At the same time, the purchaser acknowledges that it is obliged to provide the seller with the necessary cooperation needed for the settlement of claim. Otherwise, the periods shall be correspondingly extended by the time, during which the purchaser did not provide the required cooperation.

By concluding a purchase contract and taking over goods from the seller, the purchaser agrees with this Return policy. Definitions of terms contained in this Return policy are given priority to definitions in the GTC. If a term is not defined in this Return policy, it is understood within the meaning defined in the GTC. If neither there it is defined, it is understood within the meaning used by the valid and effective legislation.

The take-over of goods for entrepreneurs is the moment of their hand-over by the seller to the purchaser or the first carrier. If the purchaser is a consumer, it is the moment of the goods take-over by the consumer from the seller or the take-over from the carrier.

II. Warranty period

As a proof of warranty, the seller issues a purchase document (invoice) for all purchased goods, containing all the statutory required information for warranty exercise (especially the name of goods, warranty period, quantity, serial number).

The warranty period shall begin to run firmly from the day of the goods take-over by the purchaser.

The warranty period is:

24 months in new goods unless a special legal regulation determines a longer period.
12 months in used goods (the used goods are used or repaired goods without defects and the completeness of packaging does not prevent from full use of the product).
in consumables (e.g. cosmetics, drugstore products etc.), the purchaser is entitled to exercise the right arising from defects within twenty four (24) months, however, if there is not indicated an expiry date on the goods, the period shall only be reduced until the date indicated on the goods packaging in this case.
For the purchasing entrepreneur, the period for the exercise of the right arising from defective performance may be regulated differently. If it is explicitly stated in a given type, such a period is given priority. In such a case, the goods are marked as follows.
The warranty period is further extended by the time for which the goods were being claimed. The rights arising from the liability for defects of the goods, for which the warranty period applies, expire if they were not exercised during the warranty period.
If the purchaser is a consumer, within the legal guarantee period, complaints are governed by act 40/1964 Coll., Civil Code and by act 250/2007 Coll. on the protection of consumers, both acts in the version in force, taking into account the specifications in this Return Policy.

III. Warranty conditions

1. Inspection of goods at the reception

It is mandatory for the purchaser who is not a consumer and recommended to the purchaser who is a consumer to inspect the condition of shipment (number of packages, integrity of the tape, box damage) together with the carrier immediately upon delivery, according to the attached transport note. The purchaser is entitled to refuse to take over the shipment, which is not in conformity with the purchase contract due to the fact, that the shipment is incomplete or damaged for instance. If the purchaser takes over such a damaged shipment, it is necessary to describe the damage in the hand-over record of the carrier.

Incomplete or damaged shipments must be reported via e-mail to info@barnashki.com, to draw up a damage record together with the carrier and send it without undue delay to the seller via e-mail or by post. Additional complaint concerning incompleteness or external damage of the shipment does not deprive the purchaser of the right to claim the product. However, these give the seller the possibility to prove, that there is no contradiction to the purchase contract.

2. Complaint filing

The place for complaint filing is this address: Na Bikoši 14883/23, 080 01 Prešov

The purchaser may send the claimed defective goods by transport service to the address of the seller’s shop. The claimed goods should be carefully secured so that it does not come to their damage during transportation. The package should be visibly marked ‘COMPLAINT’ and should include: the claimed goods (including the complete accessories), we recommend attaching a copy of the purchase document, then a detailed description of the defect and sufficient contact details of the purchaser (especially the return address and phone number). Identification of the origin as well as of the goods defect is impossible without the above-mentioned information. This procedure is also recommended to the purchasing consumer if it does not prove and substantiate the above considerations in other way.

Immediately after receiving a complaint, the seller shall issue to the purchaser a written confirmation via e-mail on when the complaint was filed, what is its subject matter and what are the options for its settlement. In case of personal filing, the written confirmation is submitted at once.

The purchaser, who is not a consumer shall prove the validity of the warranty by submitting the purchase document and if the goods were claimed in the past, it shall also provide the proof of claim. In the delivery note (purchase or claim document) there must be the same serial number as on the claimed product (if the product has a serial number). This procedure is also recommended to the purchaser, who is a consumer if it does not prove and substantiate the above considerations in other way.

IV. Method of complaint settlement

1. If the purchaser is a consumer

Consumer rights when exercising the legal warranty if it concerns a correctable defect, the right to free, proper and timely remedy of the defect, the right to the replacement of defected goods or defected component, if it is not disproportionate to the defect nature. If such a procedure is not possible, the consumer has the right to receive an appropriate discount of the purchase price or to withdraw from the purchase contract.

In the case of an irreparable defect preventing the proper use of goods, the consumer has the right to replacement of defective goods or the right to withdraw from the purchase contract. The consumer has the same rights when it comes to correctable defects but the purchaser cannot use the product properly due to repeated occurrence of a defect after repairing or due to a higher number of defects. By repeated occurrence of a defect is meant, that it is the same defect, preventing the proper use, which was removed at least twice during the warranty period and it occurs again. By a higher number of defects is meant, that the product has at least three defects at the same time, which prevent its use,

If they are other irreparable defects and the consumer does not demand the product replacement, the consumer has the right to an appropriate discount of the purchase price or to withdraw from the purchase contract,

The method of complaint settlement shall be proposed by the purchaser. The seller shall notify the purchaser of the inappropriateness of choice (especially if the purchaser demands the method regarding a correctable defect, but the seller finds out, that it concerns an irreparable defect). If the consumer does not propose a method of complaint settlement within the adequate period provided by the seller, it shall be chosen by the seller.

If the purchaser is a consumer, the seller shall immediately decide on the complaint or within three working days in the event of complex cases. This period does not include time, appropriate according to the type of product or service, necessary for the professional judgment of the defect. The complaint including the defect remedy shall be settled by the seller without undue delay, not later than 30 days from the date of the complaint filing. After this period, the product defect is deemed to have really existed and the consumer has the same rights as if it had been a defect, that cannot be fixed. This period is not binding for the purchaser, who is an entrepreneur and therefore, its relationship with the seller is governed by the Commercial Code.

If the consumer filed a complaint during the first 12 months from the purchase, the seller may only reject it based on a professional judgment. The seller shall provide the consumer with a copy of the professional judgment within 14 days from the day of the complaint settlement. If the seller rejects the complaint after 12 months from the purchase, the seller is obliged to indicate in the settlement document to whom the purchaser may send the product for the professional judgment. If the consumer proves by professional judgment the responsibility of the seller for the defect, the consumer may file a complaint again. All purposefully incurred costs related to the professional judgment shall be borne by the seller, who is obliged to pay them to the consumer within 14 days from the date of the re-filed complaint. The re-filed complaint may not be rejected by the seller.

If during the statutory guarantee period the claim of goods was settled by the replacement of the goods with the new ones, the guarantee period commences again from the date of the complaint settlement.

Immediately after receiving a complaint, the seller shall issue to the purchasing consumer a written confirmation by means of e-mail on when the complaint was filed, what is its subject matter and what method of settlement is required (in the case of personal filing it is submitted at once), then a confirmation of the date and method of the complaint settlement, including confirmation of repair and of the duration of the complaint process or the grounds for the complaint rejection.

The purchaser is entitled to the reimbursement of necessary costs (especially postage, which the purchaser paid when dispatching the claimed goods) that it has incurred in connection with the exercise of justified rights of the liability for defects (we recommend requesting not later than 30 days after the complaint has been settled – the statutory period is not affected by that) and they were really and purposefully expended. In the event of withdrawal due to product defect, the consumer is also entitled to reimbursement of the costs of such withdrawal.

2. If the purchaser is an entrepreneur

If the purchaser is an entrepreneur, the seller undertakes to decide on the complaint within 40 days of the complaint filing. The purchasing entrepreneur shall be informed on this decision in its contact e-mail.

If it is a defect, which is possible to remove, the goods shall be repaired. If the repair is not possible and the defect nature prevents from normal usage, the seller may agree with the purchaser on an appropriate discount of the goods price. In case of the discount, this defect cannot be claimed later.

If it is a defect, which is not possible to remove and which prevents the product from normal usage as a defect free product, the seller is entitled to replace the defected goods with the goods with the same or similar performances or shall issue a credit note. If the complaint process of the goods has been settled by the replacement of goods for the new ones during the statutory guarantee period, the guarantee period is extended by the time of the complaint process.

In case of not picking up the claimed goods within one month from the expiration of the period, when the complaint process should have been completed or within one month from the notification about its completion if it was completed later (i.e. as a rule 60 days from the date of the complaint filing), the seller is entitled to charge a storage fee of € 0,5 per day including VAT, when issuing the claimed goods.

If the purchaser does not pick up the product within six months from the day, when the purchaser was obliged to pick it up, the seller has the right to sell the product. The seller shall notify the purchaser of the intended sale and shall provide the purchaser with an adequate period for picking up the product. If it comes to the sale of not picked up product, the seller shall pay the purchaser the proceeds from the sale after deducting the price for repairing or adjustment, the fee for storage and the costs for sale. The right to the proceeds must be exercised at the seller’s by the purchaser.

3. Common provisions

After the settlement of a justified complaint, the warranty period is extended by the duration of the complaint process. In the event of an unjustified complaint, the warranty period is not extended. The duration of the complaint process is calculated from the day following the complaint filing to the day the complaint was settled, thus the time, when the purchaser was obliged to take over the product. The customer shall be notified of the settlement via e-mail already indicated when purchasing.

After settling the complaint, the seller shall notify the purchaser of the complaint process termination either by phone, SMS or via e-mail, and the seller shall issue a written complaint settling document no later than 30 days from the date of the complaint filing. If the goods were sent by shipping service, they shall be automatically dispatched to the purchaser’s address.

The purchaser is obliged to inspect the goods taken over and their conformity with the output report on the complaint. The purchaser then inspects the completeness of the goods, especially whether the package contains everything it should contain. Subsequent objections shall not be considered. These arrangements shall not affect the statutory period for the exercise of the rights arising from defective performance.

If the purchaser – consumer was not satisfied with the complaint settlement by the seller or if the purchaser – consumer turned to the seller requesting a remedy and the purchaser – consumer was not satisfied with the method, by which the seller settled its complaint or if it assumes, that the seller violated its rights, the purchaser – consumer has the right to turn to the seller requesting a remedy. If the seller answers such a request in the negative or does not answer it within 30 days from the day the request was sent, the purchaser – consumer has the right to file a motion for the initiation of the alternative dispute resolution to an alternative dispute resolution entity. The entity for the alternative dispute resolution is The Slovak Trade Inspection, Prievozská 32, P.O. Box 5, 820 07 Bratislava 27, or other relevant authorized legal person registered in the list of the alternative dispute resolution entities held by The Ministry of Economy of the Slovak Republic (the list is available on www.mhsr.sk). The purchaser – consumer is entitled to select an entity of the alternative dispute resolution for consumer disputes, which the purchaser - consumer turns to. To file a motion for the initiation of the alternative dispute resolution of its dispute, the consumer may use the online dispute resolution platform, which is available on the website http://ec.europa.eu/consumers/odr/.

V. Final provisions

This Return policy is valid from 21 May 2021. This Return policy is also available at the seller’s place of business.