COMPLAINTS POLICY

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COMPLAINTS POLICY

1. Right to Submit a Complaint

1.1 Customer’s Right to Submit a Complaint

The customer is entitled to submit a complaint if a purchased product does not conform to the contract, including where it does not correspond to its description, agreed characteristics, quality or other terms specified at the time of purchase, or where there is any other defect for which DADA is liable under the applicable laws and regulations of the Republic of Serbia.

1.2 Products Covered by This Policy

A complaint may be submitted in respect of any product offered by DADA through its website, including original artworks, Fine Art Print products and products available through the DADA Gift Shop.

1.3 Original Artworks

In the case of original artworks, the specific provisions of this Policy shall also apply, taking into account their uniqueness, authenticity, materials, method of creation and the fact that each artwork constitutes a distinct and individual artistic creation.

1.4 Customer’s Statutory Rights

Nothing in this Policy shall limit or exclude the customer’s statutory rights relating to the conformity of goods or the submission of complaints.

2. How to Submit a Complaint

2.1 Submission of a Complaint

The customer may submit a complaint electronically by sending an email to info@artstudiodada.com or in person at the Art Studio DADA gallery, Čumićevo Sokače, 11000 Belgrade, Serbia.

2.2 Information Required for a Complaint

When submitting a complaint, the customer should provide the order number or other proof of purchase, describe the grounds for the complaint and, where relevant, provide photographs or video footage of the product showing the reported defect.

2.3 Additional Information and Documentation

DADA may request additional information, photographs, video footage or other documentation necessary to assess the merits of the complaint.

2.4 Original Artworks

In the case of a complaint concerning an original artwork, DADA may request additional documentation or an inspection of the artwork itself in order to establish its condition and the grounds for the complaint, taking into account the nature and uniqueness of the artwork.

3. Information Required to Process a Complaint

3.1 Purchase Details

When submitting a complaint, the customer should provide the order number or other appropriate proof of purchase.

3.2 Description of the Grounds for the Complaint

The customer should clearly describe the defect, damage or other grounds for the complaint, as well as the circumstances in which the issue was discovered.

3.3 Photographs and Video Footage

Where relevant to the nature of the complaint, the customer should provide photographs or video footage showing the product and its condition, enabling DADA to conduct a preliminary assessment of the complaint.

3.4 Additional Information

DADA may request additional information or documentation where necessary for a proper assessment of the complaint. The customer shall cooperate, to a reasonable extent, in the process of determining whether the complaint is justified.

3.5 Original Artworks

In the case of a complaint concerning an original artwork, DADA may request photographs or video footage of different parts of the artwork, including close-up details and elements relevant to establishing the reported defect or damage.

4. Complaints Concerning Original Artworks

4.1 Special Assessment Procedure

Due to the unique and specific nature of original artworks, a complaint concerning such an artwork may require additional verification of its physical condition and the circumstances in which the reported defect or damage occurred.

4.2 Preliminary Assessment

Upon receipt of a complaint, DADA shall conduct a preliminary assessment based on the description of the issue and any photographs or video footage provided. Where necessary, DADA may request additional information or documentation from the customer.

4.3 Inspection at the Gallery

Where an in-person inspection is necessary for a proper assessment of the complaint, the customer may be requested to bring the original artwork in person to the Art Studio DADA gallery, Čumićevo Sokače, 11000 Belgrade, Serbia.

4.4 Sending the Artwork for Inspection

If the customer is unable to bring the artwork to the gallery in person, DADA shall, where an inspection is required, provide instructions for the appropriate packaging and shipment of the artwork for inspection.

4.5 Documentation of the Artwork’s Condition

During an inspection, DADA may photograph or otherwise document the condition of the artwork in order to establish the facts relevant to the complaint. In the case of original artworks, documentation recording the condition of the specific artwork before delivery may also be taken into consideration.

4.6 Determination of the Merits of the Complaint

Following inspection of the artwork and assessment of the available documentation, DADA shall determine whether the complaint is justified. Where the complaint is upheld, DADA shall apply the appropriate statutory remedy in accordance with the applicable laws and regulations of the Republic of Serbia.

5. Procedure Following Receipt of a Complaint

5.1 Acknowledgement of Receipt

Upon receipt of a complaint, DADA shall acknowledge its receipt and register the complaint in accordance with the applicable laws and regulations of the Republic of Serbia.

5.2 Assessment of the Complaint

DADA shall review the customer’s statements and the documentation provided and, where necessary, inspect the product in order to establish whether a defect exists and whether the complaint is justified.

5.3 Additional Documentation

Where necessary for the assessment of a complaint, DADA may request additional information, photographs, video footage or other documentation relevant to its resolution.

5.4 Product Inspection

If the complaint cannot be reliably assessed on the basis of the documentation provided, DADA may request that the customer make the product available for inspection, either by bringing it to the gallery or by sending it in accordance with the instructions previously provided by DADA.

5.5 Determination of Liability

Based on the available documentation and, where necessary, a direct inspection of the product, DADA shall determine whether there is a lack of conformity or other valid grounds for the complaint and whether DADA is liable for the identified defect, in accordance with the applicable laws and regulations of the Republic of Serbia.

5.6 Complaint Records

DADA shall maintain records of complaints received and the documentation relating to their resolution, in accordance with the obligations imposed by the applicable laws and regulations.

6. Time Limits for Responding to and Resolving Complaints

6.1 Acknowledgement of Receipt

DADA shall acknowledge receipt of the complaint without undue delay and inform the customer of the reference number under which the complaint has been registered.

6.2 Time Limit for Responding

DADA shall provide a response to the complaint no later than eight (8) days from the date of its receipt, in accordance with the applicable laws and regulations of the Republic of Serbia.

6.3 Time Limit for Resolving a Complaint

Where a complaint is justified, DADA shall resolve it within fifteen (15) days from the date on which the complaint was submitted, or within another period where such a period is permitted under the applicable laws and regulations.

6.4 Extension of the Time Limit

The time limit for resolving a complaint may be extended only in the circumstances and subject to the conditions provided for under the applicable laws and regulations of the Republic of Serbia. DADA shall notify the customer in a timely manner of any extension and its duration.

6.5 Notification of the Outcome

DADA shall inform the customer of the outcome of the complaint and the manner in which it has been resolved, in accordance with the applicable laws and regulations of the Republic of Serbia.

7. Costs Associated with Complaints

7.1 Costs of the Complaint Procedure

Where a complaint is justified and DADA is liable for the identified defect, the customer shall not bear any costs incurred in connection with the resolution of the complaint, in accordance with the applicable laws and regulations of the Republic of Serbia.

7.2 Delivery Costs

Where, as a result of a justified complaint, the product must be delivered to DADA for inspection, repair, replacement or another form of resolution, DADA shall bear the necessary delivery costs, in accordance with the applicable laws and regulations.

7.3 Unjustified Complaints

If it is established that a complaint is unjustified or that the defect does not arise from circumstances for which DADA is liable, DADA shall not bear costs arising from shipment, inspection or other actions that were not necessary for the exercise of the customer’s statutory rights, to the extent permitted by the applicable laws and regulations.

7.4 Damage Occurring After Receipt of the Product

The customer shall bear the costs of remedying damage or other consequences arising after receipt of the product where such damage or consequences are not attributable to DADA, in accordance with the applicable laws and regulations.

8. Resolution of Complaints

8.1 Determination of the Appropriate Remedy

Where a complaint is justified, DADA shall resolve it with the customer by applying the remedy provided for under the applicable laws and regulations of the Republic of Serbia, taking into account the nature of the product, the type of defect identified and the circumstances of the particular case.

8.2 Remedying a Defect

Where feasible and legally permissible, a complaint may be resolved by remedying the identified defect at no additional cost to the customer.

8.3 Replacement of the Product

Where feasible and in accordance with the applicable laws and regulations, a complaint may be resolved by replacing the product.

In the case of original artworks, replacement with an identical product may be objectively impossible due to the unique nature of each artwork and the fact that every artwork constitutes a distinct and individual creation.

8.4 Price Reduction or Termination of the Contract

Where the statutory requirements are met, a complaint may be resolved by reducing the purchase price or terminating the contract, in accordance with the customer’s rights under the applicable laws and regulations of the Republic of Serbia.

8.5 Refund

Where a complaint is resolved by termination of the contract, DADA shall refund the amount paid in accordance with the applicable laws and regulations of the Republic of Serbia.

8.6 Specific Considerations Relating to Original Artworks

In the case of original artworks, the appropriate remedy shall be determined with due regard to the uniqueness of the artwork, its condition, the nature of the identified defect and the customer’s statutory rights. DADA shall not offer replacement with an identical artwork where such replacement is objectively impossible.

9. What Happens If a Complaint Is Rejected?

9.1 Notification of Rejection

If DADA determines that a complaint is unjustified, the customer shall be notified within the time limit and in the manner prescribed by the applicable laws and regulations of the Republic of Serbia, together with an explanation of the reasons for rejecting the complaint.

9.2 Documentation and Reasons for the Decision

Where a product inspection has been carried out as part of the decision-making process, DADA may include in its explanation the relevant findings established during the inspection and the documentation considered when reaching its decision.

9.3 Out-of-Court Resolution of Consumer Disputes

If a complaint is rejected, DADA shall inform the customer of the possibility of resolving the consumer dispute through out-of-court dispute resolution procedures, in accordance with the applicable laws and regulations of the Republic of Serbia.

9.4 Customer’s Further Rights

The rejection of a complaint by DADA shall not affect the customer’s right to seek protection of their rights through any other procedure available under the applicable laws and regulations of the Republic of Serbia.

10. Contact for Complaints

10.1 Submission by Email

To submit a complaint or communicate with DADA regarding an existing complaint, the customer may contact DADA by email at:

info@artstudiodada.com

10.2 Submission in Person

A complaint may also be submitted in person at the following gallery:

Art Studio DADA**
Čumićevo Sokače, Belgrade, Serbia**

10.3 Communication During the Complaint Procedure

DADA shall communicate with the customer regarding the receipt, assessment and resolution of the complaint using the contact details provided by the customer when submitting the complaint.

10.4 Retention of Documentation

Documentation and correspondence relating to complaints shall be retained in accordance with the applicable laws and regulations of the Republic of Serbia.