WARRANTY TERMS AND CONDITIONS

1. INTRODUCTION

1.1. The Seller and the manager of the online store located at the site www.devadesaat.com (hereinafter the “Website”) is dott.ssa Barbora Flora Tomanova, a natural person with registered office at Tyrsova 170, 572 01 Policka, Czech Republic, identification number 07154429, registered in the Czech Trade Register.

1.2. The Buyer’s satisfaction with the purchased Goods is very important to the Seller, if the Buyer is dissatisfied with the Goods the Seller commits to resolve the situation in the most appropriate way. This is especially true in the case when the Buyer is not satisfied with the Goods that have been manufactured or modified according to their specific requirements as such Goods are not eligible for returns, exchange and, in most cases, are no longer suitable for further sale or are very difficult to resale.

1.3. These Terms of Warranty Claim set out the mutual rights and obligations of the contracting parties associated with the warranty claim of Goods purchased through the Website of the Seller.

1.4. The Terms of Warranty Claim are an integral part of the Terms and Conditions of Sale.

1.5. The Goods purchased through the Website of the Seller have a statutory warranty period of twenty-four (24) months (the “Warranty Period“), which commences on the date of receipt of the Goods by the Buyer.

1.6. The Seller provides the Buyer with a post-warranty repair service, which the Buyer may use free of charge for twelve (12) months following the expiration of the Warranty Period, under the conditions specified in Art. 5 of the Terms of Warranty Claim.

1.7. If the Buyer withdraws from the Sales Contract based on a claim for defect of Goods made of certified Italian Full-Grain Vegetable Tanned Cowhide Leather, the Buyer must, according to the provisions specified in Art. 5.6. of the Terms and Conditions of Sale, return to the Seller together with the Goods also the Certificate which is an integral part of such Goods.

2. SELLER’S LIABILITY

2.1. The Seller is liable to the Buyer that the Goods have no defect upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer has received the Goods:

2.1.1. the Goods have the properties agreed by the parties and, in the absence of an agreement, the Goods have the properties described by the Seller or by the manufacturer or the properties which the Buyer expected with regard to the nature of the Goods and based on the advertising of such Goods,

2.1.2. the Goods are suitable for the purpose stated by the Seller or for the purpose for which Goods of this kind are normally used,

2.1.3. the Goods correspond to the quality or design of the agreed sample or artwork if the quality or design was determined according to the agreed sample or artwork,

2.1.4. the Goods are of the correct quantity, measure or weight and

2.1.5. the Goods comply with legal requirements.

2.2. The provisions referred to in Art. 2.1. of the Terms of Warranty Claim shall not apply to Goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear of the Goods caused by normal use, in the case of used Goods to a defect corresponding to the level of use or wear which the Goods had upon receipt, or if it results from the nature of Goods.

2.3. Any visible damage to the shipment at the time of delivery must be immediately addressed with the carrier and all discrepancies written in the transport protocol. The Buyer is not obliged to accept such shipment from the carrier and must notify the Seller of any damage found without undue delay.

2.4. It is in the Buyer’s interest to inspect the delivered Goods and notify the Seller of any defects found. If the Buyer discovers any difference between the invoice and the delivered Goods (e.g. in type, quantity or price), the Buyer shall notify the Seller within three (3) days of receipt of the Goods. If the Buyer fails to do so, the Seller will assume that the Goods were delivered without defects and that all the terms of the Sales Contract were fulfilled flawlessly.

2.5. The moment of receipt of the Goods by the Buyer is the moment of transfer of the risk of damage to the Goods from the Seller to the Buyer. If the Buyer does not inspect the Goods upon receipt, they can make a claim from defects detectable during this inspection only if they prove that the Goods had these defects already at the time of transfer of the risk of damage to the Goods. Later claims of the incompleteness of the Goods or external damage to the Goods do not deprive the Buyer of the right to make a claim from defects, however, the Seller has the opportunity to prove that there is no conflict with the Sales Contract.

2.6. The Seller is not obliged to comply with the Buyer’s claim to exercise the right from non-performance if the Seller proves that the Buyer knew about the defect of the Goods before receipt of the Goods (the Buyer accepted a visibly damaged shipment from the carrier) or caused the defect of the Goods themselves.

2.7. If the defect of the Goods shows within six (6) months of receipt by the Buyer, the Goods shall be deemed to have been defective already at the time of receipt.

3. RIGHTS FROM NON-PERFORMANCE

3.1. The Buyer is entitled to exercise the right from a defect that occurs during the Warranty Period of the Goods.

3.2. The Buyer acknowledges that, according to the provisions of Art. 5.1. of the Terms and Conditions of Sale, Goods modified according to the Buyer’s specifications cannot be returned or exchanged. If a removable defect of such Goods occurs during the Warranty Period, the Buyer is entitled to its removal by free repair, eventually by delivery of the missing part of the Goods. If the defect cannot be repaired, the Buyer is entitled to a reasonable discount from the purchase price of the Goods.

3.3. If a defect occurs in the 1st-grade quality Goods, the Buyer may exercise the right from a defect by choosing from the following methods:

3.3.1. removal of the defect by free repair,

3.3.2. removal of the defect by delivery of new Goods without defect unless this is disproportionate to the nature of the defect,

3.3.3. removal of the defect by delivery of a missing/new defect-free part of the Goods if the defect is located on this part of the Goods (e.g. removable strap or another part of the product that can be removed),

3.3.4. demand a reasonable discount from the purchase price of the Goods,

3.3.5. demand a refund of the purchase price pursuant to the withdrawal from the Sales Contract.

3.4. In the case of a removable defect re-occurring in the 1st-grade quality Goods after repeated repair of this defect (the third complaint of the same defect or the fourth complaint of different defects), and/or in the case more defects occur in already repaired 1st-grade quality Goods (at least three concurrent defects), the Buyer may exercise the right from a defect in such Goods by choosing from the following methods:

3.4.1. removal of the defect by delivery of new Goods without defect unless this is disproportionate to the nature of the defect,

3.4.2. removal of the defect by delivery of a new defect-free part of the Goods if the defect is located on this part of the Goods (e.g. removable strap or another part of the product that can be removed),

3.4.3. demand a reasonable discount from the purchase price of the Goods,

3.4.4. demand a refund of the purchase price pursuant to the withdrawal from the Sales Contract.

3.5. In the case when a defect in the 1st-grade quality Goods cannot be removed by repair or replacement of the Goods, the Seller will, according to the Buyer’s choice:

3.5.1. provide the Buyer with a reasonable discount on this defect, or

3.5.2. refund the purchase price of the Goods in full amount to the Buyer pursuant to the withdrawal from the Sales Contract.

3.6. In the case of the 2nd-grade quality Goods, therefore Goods sold to the Buyer at a lower price to a defect, if a defect different from this original defect occurs, the Buyer may exercise the right from a defect in such Goods by choosing from the following methods:

3.6.1. removal of the different defect by free repair,

3.6.2. removal of the different defect by delivery of a missing/new defect- free part of the Goods if the different defect is located on this part of the Goods (e.g. removable strap or another part of the product that can be removed), and if the original defect is not located on this part of the Goods,

3.6.3. demand a reasonable discount from the purchase price of the Goods,

3.6.4. demand a refund of the purchase price pursuant to the withdrawal from the Sales Contract.

3.7. In the case of a removable defect re-occurring in the 2nd-grade quality Goods, therefore Goods sold to the Buyer at a lower price to a defect, after repeated repair of this defect (the third complaint of the same defect or the fourth complaint of different defects), and/or in the case more defects occur in already repaired 2nd-grade quality Goods (at least three concurrent defects except the original defect which was the reason for the reduction of the purchase price of Goods), the Buyer may exercise the right from a defect in such Goods by choosing from the following methods:

3.7.1. demand a reasonable discount from the purchase price of the Goods,

3.7.2. demand a refund of the purchase price pursuant to the withdrawal from the Sales Contract.

3.8. In the case when a defect different from the original defect in the 2nd-grade quality Goods cannot be removed by repair of the Goods, the Seller will, according to the Buyer’s choice:

3.8.1. provide the Buyer with a reasonable discount on this defect, or

3.8.2. refund the purchase price of the Goods in full amount to the Buyer pursuant to the withdrawal from the Sales Contract.

3.9. Rights arising from liability for defects of Goods apply to:

a defect in leather which occurs within three (3) months after receipt of the Goods,

a defect in stitching,

a defect in edge paint,

a defect in hardware or on its part.

3.10. Rights arising from liability for defects of Goods do not apply in particular to cases where the defect or damage occurred:

by use in contradiction with the product care instructions,

by mechanical damage (e.g. tear of lining or leather caused by a sharp object, tear of a part of the product by force, etc.),

by incorrect or improper use (e.g. greasy hand stains, pen marks/ink stains, product load capacity overload, etc.),

by chemical influences, temperature, dust, humidity, sunlight (e.g. rain stains, colour change of leather due to sunlight exposure, mould formation, etc.),

by wear and tear caused by normal use (e.g. scratches and marks from nails, keys, stones and other sharp objects, colour migration due to friction, change of the original shape/appearance of the product, etc.),

by intentional damage,

by accident.

3.11. In the case of used Goods being sold through the Website of the Seller, the rights arising from liability for defects do not apply to defects corresponding to the level of wear and tear caused by normal use of the Goods which the Goods had upon receipt by the Buyer. The Buyer acknowledges that such Goods cannot be exchanged for new Goods. In this case, the Buyer has only the right to a reasonable discount.

3.12. Rights arising from non-performance shall be exercised by the Buyer at the address of the Seller’s premises, where acceptance of the complaint is possible with regard to the assortment of Goods sold, eventually also at the registered office or the place of business of the Seller. The complaint is considered made the moment when the Seller received the claimed Goods by the Buyer.

4. MAKING AND SETTLING A WARRANTY CLAIM

4.1. To make a warranty claim, the Buyer is obliged to prove the purchase of the Goods, preferably with the original or a copy of the receipt of purchase. If the Buyer no longer has the receipt of purchase, the Seller may, based on the Buyer’s personal data and description of the defective Goods, search for the relevant document and provide the Buyer with its copy by sending it to the Buyer’s e-mail address.

4.2. The Buyer is obliged to make a warranty claim concerning defective Goods with the Seller without undue delay after detecting the defect. To make a warranty claim, the Buyer must fill the warranty claim form attached to the Warranty Terms and Conditions and deliver it together with the defective Goods, which must be clean and complete and, if possible, in their dustbag, to the Seller’s address: Atelier DEVA DE SAAT, dott.ssa Barbora Flora Tomanova, Tyrsova 170, 572 01 Policka, Czech Republic.

4.3. It is in the Buyer’s interest to send the defective Goods to the Seller as an insured shipment, preferably in a sturdy box of an adequate size because the Seller is not liable for any loss or damage of the shipment during transport. The Buyer may, after prior agreement with the Seller, also deliver the defective Goods in person to the address of the Seller’s premises.

4.4. The period for settling the warranty claim runs from the moment of delivery of the defective Goods together with the completed warranty claim form to the Seller. If the Seller finds any insufficiency in the warranty claim form, especially if the Buyer does not choose the method of settling the warranty claim or if the Buyer chooses a method of settling the warranty claim that due to the grade quality of the Goods is not in accordance with the Warranty Terms and Conditions, the Seller shall ask the Buyer to complete/correct the warranty claim form without undue delay. The change of the choice of the method of settling the warranty claim without the Buyer’s consent is possible only in the case of repair of a defect which proves to be irremovable.

4.5. The Seller is obliged to decide on the warranty claim, eventually decide on the need for expert judgement without undue delay, no later than three (3) working days after the notification of defects and receipt of the defective Goods from the Buyer. The Seller shall inform the Buyer of the need for expert judgement within this period. The Seller shall settle the warranty claim, including the removal of the defect without undue delay, no later than thirty (30) days from the moment when the warranty claim was made unless the parties agree in written form on a longer period.

4.6. If the Seller refuses to remove the defect or if the defect cannot be removed, the Seller shall notify the Buyer of this fact. In such case, the Buyer may demand a reasonable discount from the purchase price or withdraw from the Sales Contract.

4.7. The Seller shall inform the Buyer of the settlement of the warranty claim without undue delay.

4.8. The Warranty Period is extended by the period from making to settling the warranty claim. The warranty claim is considered settled the moment when the Buyer received the message about the settlement of the warranty claim from the Seller.

4.9. After settling the warranty claim, in the event of repair or replacement of Goods, the Seller sends at their own expense the Goods back to the Buyer’s address.

4.10. In the case of a justified warranty claim, the Buyer is entitled to the reimbursement of reasonably expended costs incurred in connection with the delivery of the defective Goods to the Seller, however, only up to the amount of the most economic standard delivery method offered by the delivery company chosen by the Buyer. The Buyer is responsible for the payment of the costs of any eventual insurance of the shipment during transport. The Seller shall pay the due compensation of the costs to the Buyer by bank transfer to the account specified by the Buyer in the warranty claim form.

5. POST-WARRANTY REPAIR SERVICE

5.1. The Seller provides the Buyer with a post-warranty repair service, which the Buyer may use free of charge for twelve (12) months following the expiration of the Warranty Period of the Goods, provided that:

the Buyer proves the right to use this free service,

the Buyer has used the Goods in accordance with the purpose for which such Goods are intended,

the Buyer requires repair of a defect which the Seller is able to remove, and

in the case of the 2nd-grade quality Goods the Buyer does not require repair of the defect of the Goods for which the purchase price of the Goods has been reduced.

5.2. The post-warranty free repair service applies to the following repairable defects:

a defect in stitching,

a defect in edge paint,

a defect in hardware or on its part.

5.2.1. The Buyer acknowledges that in the case of a defect in hardware or its part the Seller will remove this defect by replacement with the same hardware or its part only if such hardware is still in stock or if it is possible to re-stock. Otherwise, the Seller will offer the most appropriate alternative repair solution to the Buyer. If the Buyer does not agree with this solution, the Seller is not obliged to repair such a defect.

5.3. The post-warranty free repair service does not apply to defects caused:

by use in contradiction with the product care instructions,

by mechanical damage (e.g. tear of lining or leather caused by a sharp object, tear of a part of the product by force, etc.),

by incorrect or improper use (e.g. greasy hand stains, pen marks/ink stains, product load capacity overload, etc.),

by chemical influences, temperature, dust, humidity, sunlight (e.g. rain stains, colour change of leather due to sunlight exposure, mould formation, etc.),

by wear and tear caused by normal use (e.g. scratches and marks from nails, keys, stones and other sharp objects, colour migration due to friction, change of the original shape/appearance of the product, etc.),

by intentional damage,

by accident.

5.4. After the expiry of the free period the Buyer may use this service for a fee, the amount of which will depend on the extent of repair, difficulty, labour intensity, and the number of repair materials used. The Buyer may ask the Seller for a non-binding estimate of the approximate repair price by sending a detailed photo and/or description of the defect.

5.5. To use the post-warranty repair service, the Buyer must fill the post-warranty repair service form attached to the Warranty Terms and Conditions and deliver it together with the Goods to the Seller’s address: Atelier DEVA DE SAAT, dott.ssa Barbora Flora Tomanova, Tyrsova 170, 572 01 Policka, Czech Republic.

5.6. The Seller is not obliged to accept Goods that are very dirty and/or have a bad odour. The Seller does not repair other luxury brands’ Goods or Goods from other manufacturers.

5.7. It is in the Buyer’s interest to send the Goods to the Seller as an insured shipment, preferably in a sturdy box of an adequate size because the Seller is not liable for any loss or damage of the shipment during transport. The Buyer may, after prior agreement with the Seller, also deliver the Goods in person to the address of the Seller’s premises. The Buyer is responsible for payment of all costs associated with the delivery of Goods to the Seller for the purpose of post-warranty repair service. The Buyer is also responsible for payment of all costs associated with collecting the repaired Goods, which the Seller will hand over to the Buyer as specified in the post-warranty form.

6. CONTACT

Contact details of the Seller for delivery: Atelier DEVA DE SAAT, Tyrsova 170, 572 01 Policka, CZ / for electronic communication: atelier@devadesaat.com / by phone: +420 605 301 094.