Complaints Policy

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 City Court Bratislava III, Section: Sro, Insert No. 78742/B (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 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. 108/2024 Coll. on Consumer Protection and on amendments to certain acts.

Article II — Inspection of the Goods on Takeover

2.1 We recommend that the Buyer inspect the goods received as soon as possible. The right to make a complaint regarding the quantity or type of goods delivered is not tied to the moment of takeover and may be exercised at any time during the period of liability for defects.

2.2 If, on takeover, the Buyer finds that the packaging in which the goods are packed is damaged, we recommend recording this fact (for example by drawing up a report with the courier service) and informing the Seller at [email protected]. The failure to draw up such a report is not in itself a ground for rejecting a complaint regarding damaged goods; the Seller may take it into account when assessing the circumstances in which the damage arose.

Article III — Return of Goods and Withdrawal from the Contract

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

The conditions and procedure for withdrawal from the purchase contract without giving a reason are governed by Article 7 of the Seller’s Terms and Conditions. The Buyer has the right to try the goods appropriately within this period, in a manner similar to shopping in a bricks-and-mortar store; if the Buyer uses them beyond the extent necessary to establish their nature, characteristics and functionality, the Buyer is liable to the Seller for the diminution in their value — this, however, is not a ground for refusing the withdrawal.

Notice of withdrawal may be given by an unequivocal statement, for example through the online form at latinky.com/right-of-withdrawal, by email or by post. Use of the form is not a condition of the validity of the withdrawal.

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

If the Buyer finds that the goods they have taken over do not correspond to what they ordered, the Buyer has the right to return the goods to the Seller within 14 days of taking them over. In such a 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, colour or other parameters.

If the Buyer finds that the goods they have taken over do not fit in terms of unsuitable size or colour, the Buyer has the right to return the goods taken over and to request their exchange for goods of a different colour or a different size within 14 days of the Buyer taking over the goods. Goods returned by the Buyer for the purposes of this exchange must be undamaged, with the original tags and without signs of wear or use. The Buyer pays the postage incurred in returning the goods to the Seller; the Seller may, however, offer the Buyer the option of sending the goods free of charge through a carrier designated by the Seller. The Seller will deliver the exchanged goods to the Buyer within a maximum of 30 days from the date of receipt of the goods.

(Note: This exchange is a service provided by the Seller over and above the statutory right of withdrawal from the contract. Instead of it, the Buyer may at any time choose to withdraw from the contract under point 3.1, where the condition of undamaged tags and original condition is not a ground for refusing the return.)

The exercise of the right to an exchange depends on the current stock availability on the Seller’s side. If, due to a lack of goods for the exchange, the Seller cannot provide the Buyer with a replacement for the originally ordered goods, the procedure under point 3.1 applies, as in the case of withdrawal from the contract.

Article IV — Notification of a Defect in the Goods (Complaint)

4.1 Complaints / exchange form

We recommend that the Buyer complete the complaints/exchange form available at latinky.com/complaints_form — it will make handling the complaint easier and faster. A complaint may also be made in any other unequivocal manner, for example by email or by post to the Seller’s address; use of the form is not a condition of its acceptance.

4.2 If the documents necessary for assessing the complaint (for example proof of purchase or a description of the defect) are not enclosed with it, the Seller will invite the Buyer by telephone or email to supply them. Missing documents are not in themselves a ground for rejecting the complaint if the purchase and the claimed defect can be demonstrated in another way.

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

4.4 The Buyer has the right to have the defect in the goods remedied by the Seller free of charge, in good time and properly, at the Buyer’s choice either by repair or by replacement of the goods. The Seller may refuse the chosen method only if it is impossible, or if it would cause the Seller disproportionate costs compared with the other method, taking into account in particular the value the goods would have without the defect, the significance of the defect, and whether the other method would cause the Buyer considerable inconvenience.

4.5 If the Buyer chooses repair of the goods as the remedy, the period of liability for defects is extended once by 12 months after the repair has been carried out. The Seller will inform the Buyer of this fact before carrying out the repair.

4.6 The Buyer has the right to a reasonable discount on the purchase price or to withdraw from the purchase contract if:

a) the Seller has neither remedied the defect nor replaced the goods,

b) the defect appears repeatedly even after repair or replacement,

c) the Seller has refused to remedy the defect, or

d) the defect is of such significance as to justify an immediate discount or withdrawal.

Withdrawal from the contract is not possible if the defect is negligible; in such a case the Buyer has the right to a reasonable discount on the purchase price.

4.7 Without undue delay after a defect has been notified, the Seller will issue the Buyer with written confirmation of the notification (as a rule by email), stating the period within which the defect will be remedied. As a rule, this period may not exceed 30 days from the date the defect was notified; a longer period is permissible only for an objective reason beyond the Seller’s control. If the Seller does not remedy the defect within this period, the Buyer has the rights under point 4.6.

The Seller will conclude the proceedings on the notified defect in one of the following ways:

a) by handing over the repaired goods,

b) by replacing the goods,

c) by refunding the purchase price of the goods (in the case of withdrawal),

d) by paying a reasonable discount on the price of the goods,

e) by a reasoned rejection of the complaint.

The Buyer will be informed of the outcome of the complaint immediately after it has been settled, and will also receive confirmation of the settlement of the complaint by email or together with the goods sent.

4.8 A complaint that is recognised as justified is handled free of charge.

4.9 If a complaint is settled by replacing the goods, the period of liability for defects in those goods begins to run anew from the moment the Buyer takes over the new goods.

4.10 The delivery address for sending complaints is: LATINKY, Tomášikova 26, 821 01 Bratislava, Slovak Republic.

Article V — Obligation to Take Over the Goods

NOTICE: Under Sections 614 and 420(1) of the Civil Code, the Buyer is obliged to take over the ordered goods (including in the case of payment by cash on delivery) at the agreed time. If the Seller incurs demonstrable damage as a result of the shipment not being taken over (for example the costs of a futile delivery), the Seller is entitled to claim compensation for it, in justified cases also through the courts. Enforcement through a court bailiff may occur solely on the basis of a final and enforceable court decision.

Article VI — Conditions and Period of Liability for Defects

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

6.2 Goods duly purchased and paid for on the portal www.latinky.com may be the subject of a complaint. Any document demonstrating that purchase is sufficient for making a complaint (for example an invoice, a delivery note, a confirmation email or a bank statement); the failure to submit such a document is not in itself a ground for rejecting the complaint if the purchase can be demonstrated in another way.

Article VII — Final Provisions

7.1 The Seller’s contact email address for the purposes of this Complaints Policy is [email protected]. We recommend directing communication and forms to this address — it will speed up processing; the Buyer’s use of a different email address is not in itself a ground for rejecting a complaint. Correspondence sent to the Buyer from an email address other than [email protected] is not regarded as correspondence from the Seller, and www.latinky.com bears no responsibility for its content.

7.2 The Seller reserves the right to amend and/or supplement this Complaints Policy at any time. Amendments or supplements to this Complaints Policy take effect on the day they are published on the website www.latinky.com.