Complaints, warranty, returns
1. The right to withdraw from the contract
- The consumer may withdraw from the Sales Agreement within 14 days without giving any reason. The provisions of paragraph 1. 1 do not apply to the Sales Agreement in professional trade (between entrepreneurs) or the Sales Agreement concluded at the Seller's premises.
- The running of the time limit specified in sec. 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by him.
- In the case of an Agreement that covers many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, batch or part.
- In the case of an Agreement which consists in the regular delivery of Products for a specified period of time (subscription), the date specified in paragraph 1 runs from taking possession of the first thing.
- The consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send a statement before the expiry of this period.
- The statement may be sent by traditional mail, fax or electronically by sending the statement to the Seller's e-mail address or by submitting the statement on the Seller's website. The statement may also be submitted on the form, the specimen of which is attached as Appendix 1 to this description and an attachment to the Act of May 30, 2014 on consumer rights, but it is not obligatory,
- If the Consumer sends the declaration by e-mail, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement.
- Consequences of withdrawal from the Agreement:
- In the event of withdrawal from a Distance Agreement, the Agreement shall be considered void.
- In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, except for additional costs resulting from the method of delivery chosen by the Consumer. other than the cheapest standard delivery method offered by the Seller.
- The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for him.
- The Seller may withhold the reimbursement until the Product is received back or until proof of its return is provided to him, whichever occurs first.
- The consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the date on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.
- The consumer bears the direct costs of returning the Product, including the cost of returning the Product, if, due to its nature, the Product could not be returned by regular mail.
- The consumer is only responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
- In the event that, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as about the costs of returning the Product, will be included in the Product description in the Store.
- The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs,
- in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery,
- in which the subject of the service is an item that deteriorates quickly or has a short shelf-life,
- for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the service, he will lose the right to withdraw from the Agreement,
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement,
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items
- in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control,
- in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery,
- for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts,
- for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the Contract,
2. Complaint and warranty
- The Sales Agreement covers new Products.
- The seller is obliged to provide the customer with an item free from defects.
- In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding the warranty in the Civil Code. If the Client is an Entrepreneur, the parties exclude liability under the warranty.
- Complaints should be submitted in writing or electronically to the addresses of the Seller provided in these Regulations. An example of a complaint form is attached to these Regulations as Appendix 2. Any content of the complaint form is allowed, provided that it contains the elements listed in paragraph 5.
- It is recommended to include in the complaint, inter alia, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the customer submitting the complaint and the customer's request in relation to the defect of the goods.
- The Seller will respond to the complaint immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint within 14 days, it is considered that the Customer's request was considered justified.
- Goods returned as part of the complaint procedure should be sent to the address given in § 3 of the Store Regulations.
- If a guarantee has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.
3. Out-of-court ways of dealing with complaints and redress
- Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Inspection Handlowa and at the following internet addresses of the Office of Competition and Consumer Protection:
- The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
- The consumer is entitled to apply to a permanent amicable consumer court, referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
- The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
- The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).