Complaints Policy

(effective as of 11 July 2015)

Article I

Introductory Provisions

1.1 This Complaints Policy governs the procedure of DANCE NOW s.r.o., with registered office at: Heyrovského 8, Bratislava 841 03, Slovak Republic, Company ID (IČO): 46510648, registered in the Commercial Register of the District Court Bratislava I (hereinafter the “Seller”), and of the customer (hereinafter the “Buyer”) when exercising rights arising from the Seller’s liability for defects in goods, as well as the related rights and obligations of the Buyer and the Seller (together hereinafter the “Contracting Parties”).

1.2 By creating and submitting an electronic order, the Buyer confirms that they have read this Complaints Policy of the Seller and unconditionally agrees with it. At the moment the electronic order is submitted, the Buyer confirms that they have read this Complaints Policy, and it thereby becomes binding on them. This Complaints Policy is publicly available on the portal www.latinky.com and also at the Seller’s registered office.

1.3 The procedure of a Buyer who is not a consumer within the meaning of Section 52(3) of Act No. 40/1964 Coll., the Civil Code, as amended, when exercising rights arising from the Seller’s liability for defects in goods purchased on www.latinky.com, is governed by Sections 422 to 442 of Act No. 513/1991 Coll. (the Commercial Code).

1.4 The procedure of a Buyer who is a consumer within the meaning of Section 52(3) of Act No. 40/1964 Coll., the Civil Code, as amended, when exercising rights arising from the Seller’s liability for defects in goods purchased on www.latinky.com, as well as the related regulation of the rights and obligations of the Contracting Parties, is governed by Sections 619 to 627 of Act No. 40/1964 Coll., the Civil Code, as amended, and by Act No. 250/2007 Coll. on Consumer Protection and amending Act of the Slovak National Council No. 372/1990 Coll. on Offenses, as amended.

Article II

Inspection of Goods upon Receipt

2.1 The Buyer is obliged to inspect the received goods immediately. Subsequent complaints regarding the quantity and type of goods will not be accepted by the Seller.

2.2 The Buyer is also obliged to check whether the packaging in which the goods are packed is damaged. If damage is found, a so-called “damage report” must be drawn up with the courier service, and the Seller must then be contacted at: info@latinky.com. If a damage report is not drawn up, the Seller has the right to reject a complaint regarding damaged goods.

Article III

Return of Goods and Withdrawal from the Contract

3.1 Withdrawal from the purchase contract within 14 days of receiving the goods.

The Buyer has the right to withdraw from the purchase contract within 14 days of receiving the goods, without giving a reason. However, the goods returned by the Buyer must be undamaged (with the original tags) and must show no signs of wear or use. The Buyer covers the postage for sending the goods back to the Seller. After the goods are returned, the Seller is obliged to refund the Buyer all payments received in connection with the fulfillment of the order, including postage and packaging. If the Buyer chose a delivery method other than the cheapest one offered by the Seller, the Seller is entitled to reimburse the Buyer for delivery costs only up to the amount of the lowest delivery costs offered by the Seller.

For the purposes of withdrawing from the contract, the Buyer is required to complete the withdrawal form, available here: complaints/exchange form.pdf

3.2 Return of goods that the Buyer did not order and that were sent in error.

If the Buyer finds that the goods received do not match what was ordered, the Buyer has the right to return the goods to the Seller within 15 days of receiving them. In this case, the Buyer is entitled to reimbursement of the costs necessarily incurred in returning the goods. These costs are borne in full by the Seller.

3.3 Exchange of goods due to unsuitable size, color, or other parameters.

If the Buyer finds that the goods received do not suit them in terms of size or color, the Buyer has the right to return the received goods and request their exchange for goods of a different color or size within 15 days of receiving the goods. However, the goods returned by the Buyer must be undamaged (with the original tags) and must show no signs of wear or use. The Buyer covers the postage incurred in returning the goods to the Seller. The Seller will deliver the exchanged goods to the Buyer no later than 30 days from the date of receiving the completed form together with the delivery note and the goods from the Buyer.

The exercise of the right to an exchange depends on the Seller’s current stock availability. If, due to a lack of replacement goods, the Seller is unable to provide the Buyer with a replacement for the originally ordered goods, the procedure set out in 3.1 for withdrawal from the contract shall apply. Costs incurred in sending the goods to the Seller for exchange via Slovak Post are borne by the Buyer, and vice versa.

Article IV

Complaints about Goods

4.1 Complaints/Exchange Form

The Buyer is required to complete the complaints/exchange form (hereinafter the “Form”) (otherwise we will not be authorized to accept your complaint).

4.2 A condition for processing a complaint is the complete filling out of the Form. If the form is not completely filled out, or if the delivery note or other necessary documents (hereinafter “Required Documents”) are not attached to the form, the Seller will contact the Buyer by phone or email to request the missing information or the missing required documents.

4.3 A change in the properties of the goods that occurs as a result of improper use, insufficient or unsuitable care, natural changes in the materials from which the goods are made, or as a result of any damage caused by the Buyer or a third party, or any other improper handling, cannot be considered a defect in the goods.

4.4 A remediable defect is considered to be damage that can be remedied by repair without impairing the functionality of the goods in question. In this case, the Seller remedies the defect at its own expense.

4.4 An irremediable defect is considered to be a defect that cannot be remedied, or whose remedy would be too costly in comparison with the price of the goods. In such a case, the Buyer has the right to: request an exchange of the goods for new, defect-free goods (if the Seller’s stock allows) or to withdraw from the purchase contract.

4.5 The Seller will decide on the complaint immediately, or in complex cases within 3 business days. In justified cases, particularly where a complex technical assessment of the condition of the product is required, no later than within 30 days of the date the complaint was filed. After this period has elapsed, the consumer has the right to withdraw from the contract or has the right to have the product exchanged for a new product.

The Seller is obliged to process the complaint and conclude the complaints procedure by one of the following means:

1. a) handing over the repaired goods,
2. b) exchanging the goods,
3. c) refunding the purchase price of the goods,
4. d) paying a reasonable discount on the price of the goods,
5. e) a justified rejection of the complaint about the goods.

The Buyer will be informed of the outcome of the complaint immediately after the conclusion of the complaints procedure by phone, and will also be sent proof of how the complaint was handled by email or, as applicable, together with the returned goods.

4.6 A complaint that is recognized as justified is handled free of charge.

4.7 If a complaint is resolved by exchanging the goods, the warranty period for the new goods begins to run from the date the Buyer receives the new goods.

4.8 The delivery address is DANCE NOW s.r.o., Tomášikova 26, 821 01 Bratislava.

Article V

Penalties for Failure to Accept Goods

NOTICE: In accordance with the terms and conditions and pursuant to Section 614 as well as Section 420(1) of Act No. 40/1964 Coll., the Civil Code, the Buyer is obliged to accept the item (cash-on-delivery shipment) upon delivery as soon as possible. Any damage arising from failure to accept a shipment will be recovered in accordance with the legislation of the Slovak Republic through court proceedings and subsequently through enforcement proceedings.

Article VI

Warranty Terms and Warranty Period

5.1 The warranty period is 24 months and begins to run on the day the Buyer receives the goods. Defects in the goods and any claims arising from them must be asserted by the Buyer before the end of the warranty period. Once the warranty period has fully elapsed, the right to make a complaint expires.

5.2 Only goods that were duly purchased on the portal www.latinky.com and paid for in full may be the subject of a complaint. The delivery note serves as proof of warranty for these purposes, and a copy of it is required in order to process a complaint.

Article VII

Final Provisions

6.1 The Seller’s sole contact email address is: info@latinky.com. All Forms must therefore be sent to this address; otherwise, the Seller may reject the complaint. Likewise, correspondence sent to the Buyer from any other email address is not considered correspondence sent by the Seller, and www.latinky.com bears no responsibility for its content.

6.2 The Seller reserves the right to change and/or amend this Complaints Policy at any time. Changes or amendments to this Complaints Policy take effect on the date they are published on the website: www.latinky.com.