Complaints procedure

COMPLAINTS PROCEDURE

PAR EXCELLENCE
operated by HANAH MARIAH s.r.o.

PREAMBLE

Minor defects in the fabric that are marked and compensated either by adding 10 cm of fabric or by a discount corresponding to a deduction of 10 cm of fabric are considered a standard commercial tolerance and do not give rise to a claim.

Please check your goods carefully upon receipt and before any further processing.

The complaints procedure does not apply to goods that have been cut or otherwise modified. We are not liable for defects caused by improper care or use. All necessary information regarding material composition and maintenance instructions can be found in the catalogue for individual items and in the material care section.

Defective goods will be replaced free of charge provided that the above conditions are met. In such cases, the Seller must be contacted without undue delay after receipt of the shipment.

1. INTRODUCTORY PROVISIONS

The Buyer’s rights arising from liability for non-conformity with the contract of sale and from liability for defects in goods (hereinafter referred to as “complaints”) must always be exercised in accordance with this Complaints Procedure in its valid wording, which forms an integral part of the contract of sale between the Seller and the Buyer. The Seller is obliged to inform the Buyer of the contents of the Complaints Procedure in an appropriate manner (by display at the store premises or publication on the company’s website).

If the Buyer finds that the textile goods are not in conformity with the contract of sale upon receipt or if a defect appears in the textile goods, the Buyer may submit a complaint to the Seller.

Non-conformity with the contract of sale or a defect in textile goods shall not be deemed to exist, and a complaint cannot be accepted, if:

• the change in properties of the textile goods arose as a result of wear and tear, improper use, storage, improper intervention or mechanical damage,
• the change in properties of the textile goods arose as a result of failure to carry out necessary maintenance or as a result of incorrect maintenance,
• the complaint concerns a defect for which a lower price was agreed,
• the textile goods are worn within the scope of their normal use.

2. SUBMISSION OF A COMPLAINT

The Buyer may submit a complaint at the Seller’s premises, which also constitute the place of business.

The Buyer should submit a complaint without undue delay immediately after discovering the defect; in the case of fabric sold by the metre, before it is cut.

To submit a complaint, the Buyer may use the complaint form available for download here: COMPLAINT FORM

If the nature of the material defect does not allow its detection before processing fabric sold by the metre, the Buyer is obliged to stop any further processing immediately after discovering the defect.

If the Buyer continues processing the goods after discovering the defect and thereby causes more extensive damage, the complaint will not be accepted.

The complaint will also not be accepted if the Buyer continues to use other goods after discovering the defect and thereby causes more extensive damage.

The Seller is obliged to ensure the presence of an employee authorised to handle complaints at the store throughout opening hours.

The Buyer is obliged to prove that their claim for complaint handling is justified, i.e. to document the place and time of purchase and the price of the purchased textile goods. These requirements may be documented by a proof of purchase or by another credible means.

The Buyer is responsible for ensuring that the claimed textile goods are handed over for complaint handling in a condition that complies with general hygiene requirements given the nature of the goods. Otherwise, the Seller is entitled to refuse to process the complaint. However, care must be taken that maintenance (e.g. washing) of soiled textile goods does not alter the nature of the claimed defect.

3. WARRANTY PERIOD

The period for submitting a complaint (warranty period) is 24 months and begins at the moment the Buyer receives the goods.

The right to submit a complaint expires if it is not exercised within the warranty period.

The period from the moment a complaint is submitted until the moment the Buyer is obliged to collect the goods after repair is not included in the warranty period.

If the textile goods are replaced, the warranty period begins again upon receipt of the replacement goods.

The warranty period must not be confused with the service life of the textile goods. Service life means the period during which the goods, when used and maintained properly, can last with regard to their properties, intended purpose and intensity of use.

4. HANDLING OF COMPLAINTS

The Seller is obliged to decide on the legitimacy of a complaint immediately; in more complex cases, within 3 working days. The time required for professional assessment of the defect is not included in this period.

The Seller is obliged to issue a confirmation to the Buyer stating the time and place of submission of the complaint, a description of the claimed defect and the method and deadline for handling the complaint.

The complaint, including removal of the defect, must be handled without undue delay, no later than 30 days from the date of submission of the complaint, unless the Buyer and Seller agree on a longer period. After expiry of this period, the Buyer has the same rights as if the defect were irremovable.

The Seller is entitled to decide on the complaint independently and is not obliged to comply with the Buyer’s request for assessment of the complaint by a third party.

The Buyer may not, without the Seller’s consent, hand over the goods to a third party for repair. In such case, the Buyer loses the right to free repair.

The Buyer is obliged to collect the goods by the date stated in the confirmation of complaint handling. If the Buyer does not collect the goods within six months from the stated date and has been requested at least once during this period to collect the goods, the Seller is entitled to dispose of the uncollected goods, including their destruction.

5. NON-CONFORMITY WITH THE CONTRACT OF SALE

If the textile goods are not in conformity with the contract of sale upon receipt by the Buyer, the Buyer has the right to require the Seller to bring the goods into conformity with the contract of sale free of charge and without undue delay, at the Buyer’s choice either by replacement of the goods or by repair.

If such a method is not possible, the Buyer may request an appropriate discount on the purchase price or withdraw from the contract of sale. This does not apply if the Buyer knew of the non-conformity with the contract of sale or caused it themselves.

Non-conformity with the contract of sale that becomes apparent within six months from receipt of the goods is deemed to have existed already at the time of receipt, unless this contradicts the nature of the textile goods or unless proven otherwise.

6. REMOVABLE DEFECTS

Defects whose removal does not affect the appearance, function or quality of the textile goods and whose repair can be properly carried out within the prescribed period are considered removable defects. Assessment of the nature of the defect lies with the Seller.

In such cases, the Seller is obliged to remove the defect free of charge and without undue delay and to repair the goods.

The Buyer may request replacement of the goods only if this is not disproportionate given the nature of the defect.

If the above method is not possible, the Buyer may request an appropriate discount on the purchase price or withdraw from the contract of sale.

If the same removable defect occurs again after at least two previous repairs, or if at least three removable defects occur simultaneously, the Buyer has the same rights as in the case of an irremovable defect.

7. IRREMOVABLE DEFECTS

Defects that cannot be removed and that prevent proper use of the textile goods are considered irremovable defects.

In such cases, the Buyer is entitled to request replacement of the goods or, if replacement is not possible, to withdraw from the contract of sale (the Buyer returns the defective goods and receives a refund of the purchase price).

In the case of another irremovable defect that does not prevent use of the goods for their intended purpose, the Buyer is entitled to an appropriate discount on the purchase price of the textile goods.

8. GOODS SOLD AT A REDUCED PRICE

Goods that have defects which do not prevent their use for the intended purpose may only be sold at reduced prices. The Seller is obliged to inform the Buyer that the product has a defect and to specify the nature of the defect. The Seller is not liable for defects for which a reduced price was agreed.

If a hidden defect appears in goods sold at a reduced price that functionally prevents their use for the intended purpose, the Buyer has the right to submit a complaint in accordance with Articles 2, 3, 4, 5, 6 and 7 of this Complaints Procedure.

If another irremovable defect appears in goods sold at a reduced price that does not prevent their use for the intended purpose, the Buyer is entitled to an appropriate discount on the purchase price. In the case of fabric sold by the metre, the Buyer is entitled, for each defect, to receive an additional 10 cm of fabric free of charge or a price reduction corresponding to the price of 10 cm of the goods.

9. DISPUTE RESOLUTION

If the Seller rejects a complaint as unjustified or if another dispute arises between the Seller and the Buyer during the complaint process, the Buyer is entitled to assert their claims in accordance with applicable legal regulations, in particular through out-of-court consumer dispute resolution or judicial proceedings.

The Complaints Procedure is effective as of: 1 January 2026