Product Defect Complaint

I. Identification of the Trader

1.1. These Complaint Procedures (hereinafter also "CP") govern the legal relationships between the company

Business name: Zoe Fabrics, s. r. o.
Registered office: Štefánikova 1522/17, 031 01 Liptovský Mikuláš, Slovakia

Company registered on 25.05.2010 in the Commercial Register maintained by the District Court Žilina, section Sro, insert 52969/L.

Company ID: 45578893
VAT ID: SK2023042945
The Trader is a VAT payer

Bank details
IBAN: SK1911000000002921838042
SWIFT (BIC): TATRSKBX
Tatra banka, a.s.

(hereinafter as "Trader") and any person who is a Buyer of products offered by the Seller on the Trader's Website, and who acts in the capacity of a consumer within the meaning of the further provisions of these General Terms and Conditions and the relevant laws defining a consumer, under the applicable legislation of the Slovak Republic, in particular the laws: Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts as amended, Act No. 40/1964 Coll. Civil Code as amended, with the exception stated in point 4.4. of these Complaint Procedures, which governs the legal relationship between the Trader and the Buyer who does not act in the capacity of a consumer.

1.2. The e-mail and telephone contact for the Seller is:

E-mail address: eshop@zoefabrics.eu
Phone number: +421 904 692 687

1.3. The address for sending correspondence, complaints, and notices of withdrawal from contracts is:

Zoe Fabrics, s. r. o., Štefánikova 1522/17, 031 01 Liptovský Mikuláš, Slovakia

II. Basic Provisions

2.1. These Complaint Procedures govern the legal relationships between Buyers who are consumers and the Trader.

III. Exercising Rights Arising from Liability for Defects

3.1. The Buyer may exercise rights arising from liability for defects only if the defect was reported to the Seller without undue delay, no later than within 24 months of taking possession of the item. If the defect is not reported within this period, the rights arising from liability for defects shall expire.

IV. Liability for Defects

4.1. The Seller is liable for any defect that the sold item has at the time of its delivery and which manifests itself within two years of the delivery of the item.

4.2. The Seller is liable for any defect that the sold item has at the time of its delivery to the Buyer, and which manifests itself within 6 months of the delivery of the item, in cases where the Buyer does not act in the capacity of a consumer.

V. Rights Arising from Liability for Defects

5.1. If the seller is liable for a defect in the sold item, the buyer is entitled to have the defect remedied by repair or replacement, to a reasonable reduction in the purchase price, or to withdraw from the purchase contract.

5.2. The buyer may refuse to pay the purchase price or part thereof until the seller fulfils the obligations arising from liability for defects, unless the buyer is in default with the payment of the purchase price or part thereof at the time of reporting the defect. The buyer shall pay the purchase price without undue delay after the seller has fulfilled their obligations.

5.3. The buyer may exercise rights arising from liability for defects, including the right under point 5.2., only if the defect was reported within two months of discovering the defect, no later than the expiry of the period under points 4.1 to 4.3 of these Complaint Procedures.

5.4. Exercising rights arising from liability for defects does not preclude the buyer's right to claim compensation for damage caused by the defect.

VI. Reporting a Defect

6.1. A defect may be reported at any establishment of the seller, with another person notified to the buyer by the seller before the conclusion of the contract or before placing the order, or by means of distance communication at the address of the registered office or place of business of the seller or at another address communicated to the buyer by the seller upon or after the conclusion of the contract.

6.2. If the buyer reported the defect by postal parcel which the seller refused to accept, the parcel is deemed to have been delivered on the day of refusal.

6.3. The seller shall provide the buyer with written confirmation of the reported defect without delay after the buyer reports the defect. In the confirmation of the reported defect, the seller shall state the deadline by which the defect will be remedied in accordance with § 507 para. 1 of Act No. 40/1964 Coll. Civil Code as amended. The deadline communicated pursuant to the preceding sentence must not exceed 30 days from the date of reporting the defect, unless a longer period is justified by an objective reason beyond the seller's control.

6.4. If the seller refuses liability for defects, the seller shall notify the buyer in writing of the reasons for refusal. If the buyer proves the seller's liability for the defect by means of an expert opinion or professional assessment issued by an accredited, authorised, or notified person, the buyer may report the defect again and the seller may not refuse liability for the defect; § 621 para. 3 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts as amended shall not apply to the repeated reporting of the defect. The costs incurred by the consumer in connection with the expert opinion and professional assessment are governed by § 509 para. 2 of Act No. 40/1964 Coll. Civil Code as amended.

VII. Remedy of Defects

7.1. The buyer is entitled to choose the remedy of the defect by replacement of the item, repair of the item, or refund of the amount paid for the defective goods, provided it is proven that the goods/item were delivered to the buyer with a defect. The buyer may not choose a method of remedy that is not possible or that would cause the seller disproportionate costs compared to the other method of remedy, taking into account all circumstances, in particular the value the item would have without the defect, the seriousness of the defect, and whether the other method of remedy would cause the buyer significant difficulties.

7.2. The seller may refuse to remedy the defect if neither repair nor replacement is possible or if they would require disproportionate costs, taking into account all circumstances including those referred to in the second sentence of point 7.1.

7.3. The seller shall repair or replace the item within a reasonable time after the buyer has reported the defect, free of charge, at the seller's own expense, and without causing significant difficulties to the buyer, taking into account the nature of the item and the purpose for which the buyer required it.

7.4. For the purpose of repair or replacement, the buyer shall hand over or make the item available to the seller or a person referred to in § 622 para. 5 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts as amended. The costs of collecting the item shall be borne by the seller.

7.5. The seller shall deliver the repaired or replacement item to the buyer at the seller's own expense in the same or a similar manner as the buyer delivered the defective item, unless the parties agree otherwise. If the buyer fails to collect the item within six months from the day they were supposed to collect it, the seller may sell the item. If the item is of greater value, the seller shall notify the buyer in advance of the intended sale and provide them with a reasonable additional period to collect the item.

The seller shall without delay after the sale pay the buyer the proceeds from the sale of the item after deducting the costs reasonably incurred for its storage and sale, provided the buyer exercises the right to a share of the proceeds within the reasonable period stated by the seller in the notice of intended sale of the item.

The seller may destroy the item at the seller's own expense if the item could not be sold or if the expected proceeds from the sale would not be sufficient to cover the costs the seller reasonably incurred for storing the item and the costs the seller would necessarily have to incur for its sale.

7.6. When remedying a defect by replacing the item, the seller has no right to compensation for damage caused by ordinary wear and tear of the item or to remuneration for ordinary use of the item prior to its replacement.

7.7. The seller is liable for defects in the replacement item pursuant to § 619 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts as amended.

7.8. The buyer is entitled to a reasonable reduction in the purchase price or may withdraw from the purchase contract without being provided with an additional reasonable period pursuant to § 517 para. 1 of Act No. 40/1964 Coll. Civil Code as amended, if

1. the seller has not repaired or replaced the item,
2. the seller has not repaired or replaced the item in accordance with § 623 para. 4 and 6 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts as amended,
3. the seller has refused to remedy the defect pursuant to § 623 para. 2 of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts as amended,
4. the item has the same defect despite repair or replacement,
5. the defect is of such a serious nature that it justifies an immediate reduction in the purchase price or withdrawal from the purchase contract, or
6. the seller has declared or it is apparent from the circumstances that the defect will not be remedied within a reasonable time or without causing significant difficulties for the buyer.

7.9. The reduction in the purchase price must be proportionate to the difference between the value of the sold item and the value the item would have had if it were free of defects.

7.10. The buyer may not withdraw from the purchase contract pursuant to point 7.9. if the buyer contributed to the occurrence of the defect or if the defect is negligible. The burden of proof that the buyer contributed to the occurrence of the defect and that the defect is negligible lies with the seller.

7.11. If the contract concerns the purchase of multiple items, the buyer may withdraw from it only with respect to the defective item. With respect to the other items, the buyer may withdraw from the contract only if they cannot reasonably be expected to have an interest in retaining the other items without the defective item.

7.12. After withdrawal from the contract, the seller shall return the purchase price to the buyer no later than 14 days from the date of the item being returned to the seller or after proving that the buyer has sent the item to the seller, whichever occurs first.

7.13. The seller shall return the purchase price to the buyer or pay the price reduction in the same manner as the buyer used to pay the purchase price, unless the buyer expressly agrees to another method of payment. All costs associated with the payment shall be borne by the seller.

7.14. The seller has no right to compensation for damage caused by ordinary wear and tear of the item or to remuneration for ordinary use of the item prior to withdrawal from the purchase contract.

VIII. Liability for Defects in Digital Content

8.1. The Trader is liable for any defect that the digital content has at the time of its delivery and which manifests itself within two years of its delivery, in the case of digital content that is supplied on a one-off basis or as a series of individual supplies.

8.2. The Trader shall remedy the defect in the digital content within a reasonable time after the consumer has reported the defect, free of charge, and without causing significant difficulties to the consumer, taking into account the nature of the digital content and the purpose for which the consumer required it.

IX. Liability for Defects in Services

9.1. The contractor is liable for defects that the item has at the time of its acceptance by the client.

X. Final Provisions

10.1. These Complaint Procedures form an integral part of the General Terms and Conditions and the Privacy Policy and Notice of this Website. The documents – General Terms and Conditions and the Privacy Policy and Notice of this Website – are published on the domain of the Seller's Website.

10.2. These Complaint Procedures are valid and effective from the moment of their publication on the Seller's Website on 01. 08. 2025

Attachments – downloadable documents

Withdrawal form for contracts concluded at a distance

PDF Form

Product and service defect complaint form

PDF Form