Product claims

Complaint Policy

We do not accept complaints about dirty/damaged swimsuits due to sand, cream, makeup, food, or drinks! We want to inform you in advance that light shades/patterns may be damaged by sand (please always consider where you wear the swimsuits), therefore we DO NOT ACCEPT complaints of this type! Thank you for your understanding.

This Complaint Policy (hereinafter referred to as the "complaint policy") regulates the procedure and conditions for lodging complaints about defects in goods purchased by consumers through the online store hanajanaswimwear.com.

I. For what defects in goods are we responsible?

As the seller, we are responsible for providing you with the goods you ordered and that the goods are free from defects upon receipt. This means that the goods, upon receipt:

• Have the characteristics that were agreed upon between us, which we describe or that you could expect considering the nature of the goods and based on advertising.
• Are in the appropriate quantity, measure, or weight.
• Comply with the requirements of legal regulations.
• Are suitable for the purpose we specify or for which the purchased goods are commonly used.
• Correspond to the quality that was agreed upon between us or the quality determined by valid and effective legal regulations for the respective type of goods.
• Do not have any legal defects, meaning they are not subject to third-party property rights, and the goods are equipped with the necessary documents for proper use of the goods.

Furthermore, we are responsible for ensuring that these defects do not occur during the warranty period. Beyond the statutory warranty period for consumers, we do not provide any warranty for quality.

Variations in color shades between reality and electronic display devices are not considered defects. If the goods do not meet your expectations, you have the right to withdraw from the contract within 14 days of receiving the goods.

II. What is the warranty period?

For unused consumer goods, the warranty period is twenty-four months from the date of receipt, unless a longer warranty period is specified on the website interface, in the documents accompanying the goods, or in the advertisement.

III. What are your rights regarding defective performance?

Your rights regarding defective performance are governed by the Civil Code, in particular Sections 2099 to 2117 and Sections 2165 to 2174. In accordance with the aforementioned provisions, you have the following rights in particular:

• The right to have missing items completed if we deliver goods in a smaller quantity than agreed or provide you with incomplete goods.
• The right to request a reasonable price reduction if there was a defect in the goods upon receipt or if a defect occurs during the warranty period.
• The right to request the replacement of goods or defective parts if it is not disproportionate to the nature of the defect and does not involve only an immaterial breach of the contract.
• The right to have the goods repaired free of charge if repair is possible.
• The right to a refund (withdrawal from the contract) under certain conditions.

IV. Completion of missing items

If we deliver goods in a smaller quantity than agreed or provide you with incomplete goods, you have the right to have the missing items completed.

V. Price reduction

If there was a defect in the goods upon receipt or if a defect occurs during the warranty period, you may always request a reasonable price reduction.

VI. Replacement of goods or defective parts

You may request the replacement of goods or defective parts whenever it is not disproportionate to the nature of the defect (especially in cases where immediate repair of the item is not possible) and if it does not involve only an immaterial breach of the contract.

The right to exchange goods does not apply if only a part (component) of the goods is defective. If, during the complaint process, we conclude that only a part of the goods is defective, we will replace that part for you.

You cannot request the replacement of goods for items sold at a lower price. Instead, you can request a price reduction.

VII. Repair of the item

If it is possible to repair the goods, you have the right to have the defect rectified free of charge. If, during the complaint process, it is determined that we are unable to repair the goods, we will promptly inform you, and you can choose an alternative method of handling the complaint as specified herein.

VIII. Refund (withdrawal from the contract)

You can request a refund only if:

• Delivery of defective or incomplete goods constitutes a material breach of the contract.
• We are unable to rectify a defect that prevents you from using the goods properly or if we are unable to replace the goods with the same defect (e.g., the goods are no longer manufactured).
• You cannot use the goods properly due to recurring defects after repair (the same defect occurs after at least two previous repairs).
• The goods have multiple defects (simultaneous occurrence of at least three removable defects, each of which prevents proper use of the goods).
• We fail to handle the complaint or provide remedy within 30 days of its submission.

To qualify for a replacement of goods or a refund, you must return the item in the condition in which you received it, with the following exceptions:

• Any changes to the condition caused by an inspection to identify the defect in the item.
• Use of the item before discovering the defect.
• Your actions or omissions that make it impossible to return the item in an unchanged condition.
• Selling, consuming, or altering the item in normal use; if this has occurred only in part, you must return what can still be returned and compensate us for the benefit derived from using the item.

IX. When can you not assert rights from defective performance?

You cannot assert rights from defective performance if:

• You were aware of the defect before accepting the item.
• You caused the defect yourself.
• The warranty period has expired.

The warranty and claims for liability for defects do not apply to:

• Wear and tear resulting from normal use of the item.
• Items sold at a lower price, only with respect to the defect for which the lower price was agreed upon.
• Items where this is inherent in their nature (especially goods that cannot last for the entire warranty period).

X. How to proceed with a complaint?

Please lodge a complaint with us without undue delay from the moment the defect is discovered. Complaints are accepted at the following address: Jana Bedřichová, Jíčínská 157, 741 01 Nový Jičín. You can submit the complaint either in person (by prior arrangement) or upon receiving the package.

Recommended procedure for lodging a complaint:

1. To expedite the process, you can inform us in advance about the complaint by email (info@hanajanaswimwear.com) or in writing to the address provided above.
2. It is also advisable to inform us about your chosen right concerning defective performance, whether you are interested in completing missing items, a price reduction, replacement of goods or defective parts, repair of the item, refund, or any other rights according to this complaint policy and the Civil Code.
3. Send the complained goods together with the complaint to the aforementioned address. When sending, we recommend packaging the goods adequately to prevent damage or destruction.
4. To facilitate the process, it is advisable to include a purchase receipt or a tax invoice, if issued, or any other document proving the purchase of the goods. Also, include a description of the defect and a proposal for resolving the complaint.

XI. Failure to comply with any of the above steps or failure to provide any of the mentioned documents does not prevent the positive handling of the complaint under legal conditions.

The moment of lodging a complaint is considered to be the moment when the occurrence of the defect is reported to us, and the right from the liability for defects in the sold item is claimed. We will decide on the received complaint immediately and within five working days in complex cases. This period does not include the time reasonably necessary, given the type of product, for expert assessment of the defect. The complaint, including any defect rectification, will be handled without undue delay, but no later than 30 days from the date of filing the complaint, unless we agree on a longer period. If you choose a right that cannot be granted to you for objective reasons (especially in the case of non-removable defects or when replacement of goods is not possible), we will promptly contact you. In such a case, you can choose an alternative right according to this complaint policy.

According to the Civil Code, you have the right to reimbursement of reasonably incurred costs related to lodging a complaint. Note that you must claim the reimbursement of these costs within one month after the deadline for raising the defect has expired.

This Complaint Policy is valid and effective from 01.01.2020.