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  • Returns and complaints

§10
Right of withdrawal

 

  1. The Customer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person indicated by him in the Order Form.
  3. In the case of an Agreement that covers multiple Products that are delivered separately, in batches or in parts, the period indicated in paragraph 1 runs from the delivery of the last item, batch or part.
  4. The Customer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Customer to send a statement in the form specified in paragraph 5.
  5. The statement of withdrawal from the Agreement may be sent in writing by traditional mail or electronically by sending a statement to the Seller's e-mail address - the Seller's contact details are specified in § 3 sections 1-2. The statement  should be submitted using the return form, a model of which is attached as Annex  1 to the Regulations.
  6. If the Customer sends the declaration by e-mail, the Seller shall immediately send the Customer (to the e-mail address provided by him) confirmation of receipt of the declaration of withdrawal from the Agreement.
  7. Consequences of withdrawal from the Agreement:
    1. in the event of withdrawal from the Agreement concluded at a distance, the Agreement shall be deemed not to have been concluded.
    2. The Customer is obliged to send the Product back to the address indicated by the Seller after receiving a statement of withdrawal from the Agreement, immediately, but no later than 14 days from the date on which he informed the Seller about the withdrawal from the Agreement. The deadline is considered to have been met if the Customer sends back the Product before the expiry of the 14-day period. In the event of failure to comply with the above-mentioned deadline, withdrawal from the Agreement shall be deemed ineffective and the Agreement shall be deemed to have been concluded. The Seller indicates to the Customer the address for returning the Product using the contact details indicated by him in the return form.
    3. The Customer bears the direct costs of returning the Product, including the costs of returning the Product, if due to its nature the Product could not be sent back by post in the usual way.
    4. The Customer is responsible for the reduction in the value of the Product resulting from using it in a manner other than was necessary to determine the nature, characteristics and functioning of the Product.
    5. in the event of effective withdrawal from the Agreement, the Seller shall return to the Customer immediately,  but no later than within 14 days from the date of receipt of a full-fledged Product from the  Customer, the cost of the purchased Product.
    6. The Seller shall reimburse the payment using the same payment methods as those used by the Customer in the original transaction, unless the  Customer  has expressly agreed  and indicated  in the return form referred to in paragraph 5,  another solution that will not involve  additional  
    7. if the returned Product bears signs of damage or use in a manner other than it was necessary to determine the nature, characteristics and functioning of the Product, the Seller may withhold the refund of payment until the circumstances are clarified or the current value of the Product is determined in accordance with the provisions of point 4, about which he informs using the contact details indicated by him in the return form.
    8. if the returned Product or its packaging has been permanently damaged, the Seller reserves the right not to accept the return and return of the received Product to the Customer. The justification for the Seller's decision is provided to the Customer using the contact  details  provided in the return form. The Customer is obliged to cover the  shipping costs of the returned Item in advance.
  8. The right to withdraw from the Distance Agreement is not entitled to the Customer in relation to the Agreement:
    1. in which the subject of the service is a non-prefabricated item, manufactured according to the Customer's specification or serving to satisfy his individual needs;
    2. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due in particular to health protection or for hygienic reasons, if the packaging was opened after delivery;
    3. in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;
    4. for the provision of services, if the Seller has fully performed the service with the express consent of the Customer, who was informed before the start of the service that after the performance of the service by the Seller will lose the right to withdraw from the Agreement;
    5. 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 for withdrawal from the Agreement;
    6. in which the subject of the service are things that, after delivery, due to their nature, are inseparably connected with other things;
    7. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the packaging was opened after delivery;
    8. for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline for withdrawal from the contract and after informing him by the Seller about the loss of the right to withdraw from the Agreement.
  9. In the event that the Customer has made an attempt to withdraw from the Agreement referred to in paragraph 8, the withdrawal from the Agreement shall be deemed ineffective and the Agreement shall be deemed to have been concluded. If the Customer simultaneously delivered the Product to the Seller, the Seller sends the purchased Product back to the Customer after the Customer has previously covered the costs of shipping the Product.


§11
Complaint and warranty

 

  1. The Sales Agreement covers new, used and remanufactured Products. On the Pages of the Store, the status of each used Product is described in detail.
  2. The Seller is obliged to provide the Customer with an item free from defects.
  3. The complaint may be sent in writing by traditional mail or electronically by sending a statement to the Seller's e-mail address - the Seller's contact details are specified in § 3 sections 1-2. The statement should be submitted using the complaint form, the template of which is attached as Annex 2 to  the Regulations.
  4. It is recommended to include in the complaint form, in particular, a concise description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer submitting the complaint, and the Customer's request in connection with the defect of the goods. In the event of insufficient completion of the above data, the Seller may request additional information regarding the complaint.
  5. The Seller will respond to the complaint request immediately, but no later than within 14 days, and if he does not do so within this period, it is considered that the Customer's request is considered justified. Information about the seller's decision is provided to the Customer using the contact details provided in the complaint form.
  6. Products sent back as part of the complaint procedure should be sent to the address indicated by the Seller after receiving the complaint. The Seller indicates to the Customer the address to send back the Product using the contact details indicated by him in the complaint form.
  7. In the event that a warranty 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.



§12
Out-of-court complaint and redress procedures

 

  1. Detailed information on the possibility for the Customer to use out-of-court complaint and redress procedures 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, Provincial Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition Protection and Consumers:
    1. http://www.uokik.gov.pl/spory_konsumenckie.php;
    2. http://www.uokik.gov.pl/sprawy_indywidualne.php
    3. http://www.uokik.gov.pl/wazne_adresy.php
  2. The Customer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
    1. The Customer is entitled to apply to the permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
    2. The Customer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on 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 Customer and the Seller.
    3. The Customer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (m.in the Consumer Federation, the Association of Polish Consumers).
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