Returns & Compliants Procedure

Returns and Complaints Procedure

Article I

Introductory provisions

1. This Returns and Complaints Procedure regulates the rights and obligations of the contracting parties and the conditions for filing and handling complaints arising from the contract between the provider and the customer, whereby the subject of this contract may be

a) the delivery of created digital content consisting of a series of repeating patterns, surface application designs, and illustrations (hereinafter referred to as "ready to use design") or any other copyrighted work sold by the provider (hereinafter referred to as "digital content"),

b) the creation of digital content consisting of a series of repeating patterns, surface application designs and illustrations or any other copyrighted work by the provider tailored to the orderer‘s requirements (hereinafter referred to as "bespoke design"),

c) the sale of the provider's products bearing the design created by the provider (hereinafter referred to as "product"),

through this website or by other appropriate means in accordance with the terms and conditions adopted by the provider (hereinafter referred to as "contract").

2. This Returns and Complaints Procedure do not apply to the exercise of rights arising from liability for defects by an orderer who is not a consumer.

3. This Returns and Complaints Procedure is an integral part of the contract specified in Article 1(1) of this Returns and Complaints Procedure.

4. This Returns and Complaints Procedure has been drafted in accordance with:

Act No. 40/1964 Coll. Civil Code, as amended,
Act No. 108/2024 Coll. on Consumer Protection, as amended.

5. Legal relations between the provider and the ordering consumer concerning liability for defects not expressly regulated by this Returns and Complaints Procedure are governed by the relevant provisions of the Civil Code and the Consumer Protection Act.

6. Liability for defects on the part of the provider relating to a contract concluded with a orderer who is an entrepreneur is governed by the relevant provisions of Act No. 513/1991 Coll. Commercial Code, as amended.

7. This Returns and Complaints Procedure is drafted in Slovak for consumers located in the Slovak Republic and in English for other persons.

8. By sending an order, confirming a price offer or registering on this website, whichever occurs first, the orderer confirms that they have thoroughly familiarized themselves with the Returns and Complaints Procedure, understand its content and agree to it without reservation.

Article II

Definition of terms

1. The Provider is a textile design studio that designs and creates illustrations and digital collections of patterns, both ready to use and bespoke designs, and also sells products featuring these designs. The Provider is the operator of the website www.bkpatterns.com, and its details are as follows:

Business Name: Katarína Bohácsová – BK PATTERNS

Registered in the Commercial Register of Bratislava District Office, Reg. No. 870-15061

Place of Business: 83104 Bratislava-Nové Mesto, Vajnorská 1351/30

TAX No.: 42241669

VAT No.: SK1076048149

IBAN: SK3011000000002949202126

Email: contact@bkpatterns.com

Phone No.: +421 904 640 864

2. The Orderer is a person who has entered into a contract with the provider under the terms and conditions set out in the Terms and Conditions, either as a consumer or entrepreneur, or a legal entity or other entity that is not a consumer. For the purposes of this Return and Complaints Procedure, an entrepreneur is any legal entity that is not a consumer.

3. A Consumer is a natural person who, in connection with a consumer contract, the obligations arising therefrom, or in business practice, does not act within the scope of their business activities or profession.

4. A Design is the provider's original work consisting of a series of repeating patterns and designs of surface applications and illustrations. The provider offers ready to use designs or bespoke designs for sale.

5. A Ready to use design is a design included in the range of ready-made designs published on the website or offered by the provider in another suitable manner.

6. A Bespoke design is a design created by the provider on the basis of a contract for work with a license agreement according to the requirements of the orderer.

7. Digital content is all data that is created and delivered in digital form. For the purposes of this Return and Complaints Procedure, digital content is considered to be all content in digital form offered by the provider through this website and by other appropriate means, in particular ready to use designs, bespoke designs, and other copyrighted works of the provider according to the current offer.

8. A Digital content delivery agreement is an agreement whose subject matter is the delivery of digital content by the provider.

9. A License agreement is an agreement between the orderer and the provider, the subject of which is the provision of a license to use the design under the conditions specified in the terms and conditions or agreed upon in a separate agreement.

10. The Item is any movable thing sold by the provider.

11. A Purchase contract is a contract concluded between the orderer and the provider through this online store or by other appropriate means under the terms agreed in the terms and conditions, the subject of which is the sale of the provider's product.

12. The Website is the website located at the domain www.bkpatterns.com, including all content stored on it.

13. The Supervisory authority is:

Slovak Trade Inspection (SOI)
SOI Inspectorate for the Bratislava Region

Prievozská 32,

P.O.Box 5

820 07 Bratislava 27
Department of Supervision
Phone No.: 02/58272 172, 02/58272 104
Fax No.: 02/58272 170

Article III

Requirements for the digital content

1. The provider undertakes that the digital content will comply with the agreed and general requirements. This does not apply if the provider has expressly informed the consumer that a particular feature of the digital content does not comply with the general requirements and the consumer has expressly and specifically agreed to the non-compliance.

2. The digital content complies with the agreed requirements if, in particular

a) it corresponds to the description, quantity and quality specified in the contract,

b) it is fit for a particular purpose made known to the provider by the consumer at the latest at the conclusion of the contract and agreed to by the provider,

c)it has the functionality, compatibility, interoperability and other agreed characteristics specified in the contract,

d) is delivered with all accessories specified in the contract,

e) is delivered with assistance services and instructions for use, including installation instructions, as specified in the contract, and

f) is updated in accordance with the contract.

3. Digital content complies with general requirements if

a) it is fit for the purposes for which digital content of the same type is normally used, taking into account, in particular, the legal provisions, technical standards or codes of conduct applicable to the sector concerned, where technical standards have not been developed,

b) it corresponds to the test version or sample of the digital content that the provider made available to the consumer before the conclusion of the contract,

c) is delivered with accessories and instructions that the consumer can reasonably expect,

d) is delivered in the quantity, has the characteristics and performance, including functionality, compatibility, accessibility, continuity, and security, as are normal for digital content of the same type and as the consumer can reasonably expect given the nature of the digital content and taking into account any public statement made by the provider or another person in the same supply chain or on their behalf, in particular in the promotion of the digital content or on its labeling.

4. The provider is not bound by the statement under paragraph 3(d) if, for a valid reason, they were not and could not have been aware of the public statement, the public statement was corrected in the same or a comparable manner as it was made by the time the contract was concluded, or the consumer's decision to conclude the contract could not have been influenced by the public statement; the burden of proof regarding these facts lies with the provider.

5. The provider shall deliver the digital content in the latest version available at the time of conclusion of the contract, unless the parties agree otherwise.

6. If, under the contract, the digital content is to be delivered in a single batch or as a series of individual deliveries, the period referred to in paragraph 7 shall be the period during which the consumer can reasonably expect the digital content to meet the general and agreed requirements, taking into account the type and purpose of the digital content and the nature and circumstances of the conclusion of the contract.

Requirements for the sold item

7. The provider undertakes that the sold item will comply with the agreed and general requirements. This does not apply if the provider has informed the buyer that the sold item does not comply with the general requirements and the buyer has agreed to this.

8. The sold item complies with the agreed requirements if in particular:

a) it corresponds to the description, type, quantity, and quality specified in the contract,

b) it is suitable for the specific purpose that the buyer communicated to the seller no later than at the time of contract conclusion, and to which the seller agreed,

c) it has the contractual ability to perform functions considering its intended purpose,

d) it possesses other characteristics specified in the contract,

e) it is delivered with all accessories specified in the contract,

it is supplied with a user manual, including installation and assembly instructions, as defined in the contract.

9. The sold item complies with the general requirements if in particular:

a) it is suitable for all purposes for which items of the same type are normally used, considering legal regulations and technical standards,

b) it is delivered with accessories, packaging, and manuals, including installation and assembly instructions, that the buyer can reasonably expect, and

c) it is provided in the quantity, quality, and with characteristics, including functionality, compatibility, safety, and the ability to maintain its performance and functionality under normal use, as is typical for items of the same type and as the buyer can reasonably expect given the nature of the sold item.

10. If the sold item does not comply with these requirements, it is considered defective.

Article IV

Liability for defects

1. The provider is responsible for any defect that the sold item has at the time of delivery and that manifests itself within two years of delivery. If the defect manifests itself before the expiry of the period specified in paragraph 1 or 2 of this article, it is assumed that the defect was already present at the time of delivery. This does not apply if the contrary is proven or if this assumption is incompatible with the nature of the item or defect.

2. The provider is responsible for any defect in the digital content or services at the time of delivery that becomes apparent within two years of delivery, in the case of a service or digital content that is delivered once or as a set of individual performances.

3. In the case of digital content that is supplied continuously during an agreed period, the provider is liable for any defect that occurs or becomes apparent during that agreed period.

4. The provider shall be liable for a defect caused by the incorrect connection of digital content to the components of the consumer's digital environment (hereinafter referred to as "integration") only if

a) the integration was carried out by the provider or under its responsibility, or

b) the integration, which was to be performed by the consumer, was performed incorrectly by the consumer as a result of deficiencies in the integration instructions provided to him by the provider.

5. The digital environment is the hardware, software, and any network connection used by the consumer to access or use digital content.

6. The provider is not liable for a defect in digital content that was caused solely by the failure to install an update, if the consumer did not install the update within a reasonable time after its delivery and

a) the provider informed the consumer about the availability of the update and the consequences of not installing it, and

b) the failure to install or incorrect installation by the consumer was not caused by deficiencies in the installation instructions provided to the consumer by the provider.

7. The provider is not liable for defects in digital content that:

a) are caused by incorrect installation, acceptance, or use of the digital content contrary to the provider's instructions,

b) is caused by the fact that, in terms of content, the digital content does not correspond to the customer's expectations, provided that it is duly delivered in accordance with the general and agreed terms and conditions specified by the provider.

8. The orderer acknowledges that the information provided through digital content and services is for informational and recommendation purposes only and does not constitute a comprehensive solution to a specific problem or life situation. Digital content does not constitute individual advice. Digital content is provided in the scope and with the content at the discretion of the provider, and therefore there is no legal claim to the provision of individually specified digital content on a selected topic. The advisory services are for informational purposes only and do not constitute legal or similar professional advice. It is not a defect in the digital content and services if they do not provide the orderer with a comprehensive solution or answer to the selected topic or do not meet the orderer's requirements or expectations.

Article V

Submitting a complaint

1. The orderer may file a complaint regarding digital content, services, and items within the period specified in Article IV, paragraph 1 of this Returns and Complaints Procedure by sending a notification to contact@bkpatterns.com or by post to the provider's place of business. The complaint form published on the provider's website may be used.

2. In the case of a complaint about goods by electronic means, it is also necessary to send photographs or a video so that the provider can assess the complaint. It is not necessary to send the goods themselves. If the provider cannot assess the complaint based solely on the documents sent, they will ask the orderer to deliver the goods subject to complaint.

3. The provider shall immediately confirm receipt of the complaint in writing, stating the deadline by which the defect will be remedied. This deadline may not exceed 30 days from the date of notification of the defect, unless it is longer for objective reasons beyond the provider's control.

4. The orderer is entitled to reimbursement of reasonable expenses incurred in connection with reporting a defect for which the provider is responsible and exercising rights arising from liability for defects. However, this right must be exercised within two months at the latest, otherwise the right shall lapse.

5. If the provider refuses to accept liability for defects, it must notify the reasons for the refusal in writing.

6. The provider may reject a complaint about goods, for example, if the damage was caused by

a) normal wear and tear,

b)mechanical damage caused by the customer,

c) use of the goods in conditions that are not suitable in terms of temperature, humidity, chemical and mechanical influences of the environment,

d)improper handling or neglect of care for the goods,

e) excessive strain or use contrary to general principles,

f) natural elements or force majeure.

7. If the orderer proves the provider's responsibility for the defect by means of an expert opinion or professional opinion issued by an accredited person, they may repeatedly complain about the defect and the provider may not refuse responsibility for the defect. The orderer must claim the costs of the expert opinion or professional opinion from the provider within two months, otherwise the right shall lapse.

Article VI

Burden of proof

1. The provider bears the burden of proof that the digital content was delivered in accordance with general and agreed requirements.

2. If a defect becomes apparent within one year of delivery of digital content that is delivered once or as a series of individual deliveries, the provider bears the burden of proof that the digital content did not have this defect at the time of delivery.

3. If the digital content is supplied continuously during the agreed period, the provider bears the burden of proof that the digital content is free from defects during the agreed period.

4. The provider shall not bear the burden of proof under paragraphs 2 and 3 of this Article if it proves that the consumer's digital environment is not compatible with the technical requirements of the digital content, provided that the provider has informed the consumer of this in a clear and comprehensible manner prior to the conclusion of the contract.

5. The consumer is obliged to provide the provider with reasonable cooperation necessary to determine whether the cause of the defect in the digital content lies in the consumer's digital environment, limited to technically available means that place the least burden on the consumer. Since the provider informs the consumer in a clear and comprehensible manner prior to the conclusion of the contract about the obligation to provide cooperation, if the consumer fails to provide cooperation, the consumer must prove that the digital content was defective at the time of delivery in order to exercise their rights under liability for defects, in the case of digital content that is delivered once or as a set of individual performances, or at the agreed time, in the case of digital content that is delivered continuously during the agreed period.

Article VII

Claims arising from a complaint

1. In the case of a justified complaint, the buyer has the right to have the defect remedied by repair or replacement, request a reasonable discount on the purchase price, or withdraw from the purchase contract.

Repair and replacement of the item

2. The orderer may choose to have the defect remedied either by replacement of the item or by repair. However, they cannot select a method that is impossible or that would impose disproportionate costs on the seller compared to the alternative, considering all relevant circumstances. The seller may refuse to remedy the defect if repair or replacement is impossible or would involve disproportionate costs considering all circumstances.

3. The provider shall repair or replace the item within a reasonable time after the buyer has reported the defect, free of charge, at their own expense, and without causing significant inconvenience to the buyer, considering the nature of the item and the purpose for which the buyer required it. A reasonable time is understood as the shortest possible period necessary for the seller to assess the defect and carry out the repair or replacement, considering the nature of the item as well as the nature and severity of the defect.

4. For the purpose of repair or replacement, the orderer shall hand over or make the item available to the provider or a person designated by the provider. The provider shall bear the costs of collecting the item.

5. The provider shall deliver the repaired or replacement item to the orderer at their own expense, using the same or a similar method by which the orderer provided the defective item, unless the parties agree otherwise.

6. When remedying the defect, the provider shall ensure the removal of the defective item and the installation of the repaired or replacement item if the replacement or repair requires the removal of the defective item that was installed in accordance with its nature and purpose before the defect appeared. The parties may agree that the orderer will carry out the removal and installation of the repaired or replacement item at the provider’s expense and risk.

Price reduction and contract withdrawal

7. The orderer has the right to a reasonable price reduction or may withdraw from the purchase contract without granting an additional reasonable period if:

a) the provider has neither repaired nor replaced the item,

b) the provider has refused to remedy the defect,

c) the item has the same defect despite a previous repair or replacement,

d) the defect is so serious that it justifies an immediate price reduction or contract withdrawal, or

e) the provider has declared, or it is evident from the circumstances, that they will not remedy the defect within a reasonable time or without causing significant inconvenience to the buyer.

8. When assessing the buyer’s right to a price reduction or contract withdrawal, all relevant circumstances shall be considered, particularly the type and value of the item, the nature and severity of the defect, and whether it is objectively reasonable to expect the buyer to trust the seller's ability to remedy the defect.

9. The price reduction 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.

10. The orderer cannot withdraw from the purchase contract under paragraph 8 if they contributed to the occurrence of the defect or if the defect is insignificant. The burden of proof that the orderer contributed to the defect's occurrence and that the defect is insignificant lies with the seller.

11. If the contract involves the purchase of multiple items, the orderer may withdraw only in relation to the defective item. The orderer may withdraw from the contract concerning the remaining items only if it is unreasonable to expect that they would wish to keep the other items without the defective one.

12. The orderer shall return the item to the provider at the seller's expense.

13. The provider shall ensure the removal of an item that was installed in accordance with its nature and purpose before the defect appeared. If the provider fails to remove the item within a reasonable period, the orderer may arrange for its removal and delivery to the provider at the provider's expense and risk.

14. The provider shall refund the purchase price to the buyer no later than 14 days from the date the item is returned or from the date the orderer provides proof that they have sent the item to the provider, whichever occurs earlier. The purchase price or its portion shall be refunded using the same payment method the orderer used unless the parties agree otherwise. All costs associated with the refund shall be borne by the seller.

15. The provider has no right to compensation for damage caused by normal wear and tear of the item or for payment for the buyer’s ordinary use of the item before its replacement or return.

Claims arising from complaint about digital content

16.If the provider is responsible for a defect in digital content, the consumer has the right to have the defect removed, the right to a reasonable discount on the price, or the right to withdraw from the contract.

17. The consumer may exercise their rights arising from liability for defects even without having complained about them.

18. After reporting a defect to the provider, the consumer may refuse to pay the price or part of the price until the provider fulfills its obligations arising from liability for defects, unless the consumer is in default of payment of the price or part of the price at the time of reporting the defect. The consumer shall pay the price without undue delay after the provider has fulfilled its obligations.

19. The orderer is entitled to reimbursement of the necessary costs incurred in connection with the exercise of the right arising from liability for defects. This right must be exercised within one month after the expiry of the warranty period, otherwise it shall lapse.

20. The exercise of the right of liability for defects shall not affect the right to compensation for damages.

Removal of defects

21. The provider shall remedy the defect in the digital content within a reasonable time after the consumer has complained about the defect, free of charge and without causing significant inconvenience to the consumer, taking into account the nature of the digital content and the purpo

22. The provider may refuse to remedy the defect if it is not possible to remedy it or if it would cause unreasonable costs, taking into account all circumstances, in particular the value that the digital content would have without the defect and the seriousness of the defect.

Discount on price

23. The consumer has the right to a reasonable discount on the price if the digital content is supplied for consideration consisting in the payment of a price, or may withdraw from the contract even without granting an additional reasonable period if

a) the defect cannot be remedied or would cause the provider unreasonable costs,

b) the provider has not remedied the defect in accordance with paragraph 6,

c) the digital content has the same defect despite the provider's efforts to remedy it,

d) the defect is of such a serious nature that it justifies the consumer's right to an immediate price reduction or withdrawal from the contract, or

e) the provider has declared or it is clear from the circumstances that the defect will not be removed within a reasonable period of time or without causing serious difficulties for the consumer.

24. The price reduction must be proportionate to the difference between the value of the digital content and the value that the digital content would have if it were free from defects. If the digital content is supplied during the agreed period, the consumer is entitled to a price reduction only for the period during which the digital content did not meet the requirements.

25. The provider shall pay the consumer the price reduction within 14 days of the consumer exercising their right to a price reduction in the same manner as the consumer used to pay the price, unless the consumer expressly agrees to another method of payment. All costs associated with the payment shall be borne by the provider.

26. If the digital content is supplied for consideration consisting in the payment of a price, the consumer may not withdraw from the contract if the defect is negligible. The burden of proof that the defect is negligible shall be borne by the provider.

Withdrawal from the contract

27. After withdrawal from the contract, the provider shall refund the consumer all payments received under the contract within 14 days of notification of withdrawal from the contract in the same manner as the consumer used to pay the price, unless the consumer expressly agrees to a different method of payment. All costs associated with the refund shall be borne by the provider.

28. The consumer shall not be obliged to pay the price for the period prior to withdrawal from the contract during which the digital content did not meet the general and agreed requirements. However, if the contract provided for the continuous delivery of digital content during the agreed period, the provider shall, in accordance with paragraph 12, refund to the consumer only a proportionate part of the price paid for the time during which the digital content did not meet the requirements and the part of the price that the consumer paid in advance for the supply of digital content for the time after withdrawal from the contract.

29. After withdrawal from the contract, the consumer is obliged to refrain from using the digital content and providing it to third parties.

30. Within 14 days of the consumer's notification of withdrawal from the contract, the provider may request the consumer to return the tangible medium on which the digital content was delivered. The consumer shall return the tangible medium at the provider's expense and without undue delay after receiving the provider's request.

31. After withdrawal from the contract, the provider shall refrain from using the content that the consumer provided or created while using the digital content. This shall not apply if such content

a) cannot be used other than in connection with the provider's digital content,

b) relates exclusively to the consumer's activities in using the provider's digital content,

c) has been merged by the provider with other content from which it cannot be separated at all or without disproportionate effort,

d) has been created by the consumer together with other consumers who are entitled to continue using the content.

32. After withdrawal from the contract, the provider shall, at the consumer's request, make available to the consumer all content that the consumer has provided or created while using the digital content, except for content referred to in paragraph 16(a) to (c). The provider shall make the content available to the consumer within a reasonable time, free of charge, in a commonly used and machine-readable format, and without significant inconvenience to the consumer.

33. Paragraphs 16 and 17 shall not apply to personal data provided or created by the consumer.

34. After withdrawal from the contract, the provider may prevent the consumer from further use of the digital content, in particular by preventing access to the digital content or cancelling the user account. Paragraph 17 remains unaffected.

Article VIII

Failure to collect the repaired item

1. The orderer is obliged to collect the repaired or replaced item within one month from the date of repair or replacement; otherwise, they shall be required to pay a storage fee.

2. If the orderer fails to collect the item within six months from the date they were required to do so, the provider may sell the item.

3. If the item is of higher value, the seller shall notify the orderer in advance of the intended sale and provide them with a reasonable additional period to collect the item.

4. The provider shall promptly pay the orderer the proceeds from the sale of the item, after deducting the reasonable costs incurred for its storage and sale, provided that the buyer claims their share within the reasonable period specified by the provider in the notice of intended sale. If the item cannot be sold or if the expected proceeds from the sale would not be sufficient to cover even the necessary costs incurred for its storage and the costs required for its sale, the seller may dispose of or destroy the item at their own expense.

Article IX

Final provisions

1. This Returns and Complaints procedure has been prepared by Lanikova Group, s. r. o., law firm, for the operator of the online store www.bkpatterns.com and is protected under Act No. 185/2015 Coll., the Copyright Act, as amended. Without the author’s consent, it is prohibited to use this copyrighted work in any way, particularly but not exclusively, by copying, publishing, modifying, adapting, distributing, or otherwise misusing it.

2. This Returns and Complaints procedure enters into force and effect on the 28th of July 2025.

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