Returns and Customer Complaints
|Returns and Customer Complaints
1. The Orderer is entitled to withdraw from the concluded agreement without cause and at no cost. The agreement from which the Orderer has withdrawn shall be regarded as unconcluded.
2. If the Orderer intends to withdraw from the agreement, the Orderer shall prepare a statement of withdrawal from the agreement in writing and shall send it to the Seller within 14 days from the day of delivery of goods to the Seller, and if goods are delivered in lots - from the delivery of the last lot. In order to comply with this time-limit, it is enough to send the statement before its lapse. For this purpose, the Orderer is entitled to use the agreement withdrawal form enclosed as an attachment to the Terms & Conditions. It is not possible to submit the statement of withdrawal from the agreement by electronic means.
3. In the case referred to in par. 1, the Orderer is obliged to return purchased goods immediately not later than within 14 days from the day of withdrawal from the agreement. In order to comply with this time-limit, it is enough to send goods before its lapse. Costs of return of goods shall be borne by the Orderer.
4. In the case referred to in par. 2, the Seller is obliged to transfer the paid amount to the Orderer for goods to be returned and incurred costs of shipment not later than within 14 days from the date of submission of the statement of will to withdraw from the agreement. However, if the Orderer has chosen any method of delivery of goods other than the cheapest method offered by the Seller for the given order, the Seller is not obliged to refund additional costs incurred by the Orderer. The Seller shall refund payments using the same method that was used by the Orderer, unless the Orderer agrees upon any other method of refund that does not involve any costs with the Seller. The Seller shall suspend the refund of payments received from the Orderer until it receives goods back from the Orderer or until the Orderer delivers a proof of its return, whichever occurs earlier. The Seller shall also correct proofs of purchase previously submitted to the Orderer (a correcting VAT invoice or a correcting specification).
5. If the Orderer submitted the statement of withdrawal from the agreement before receiving the acknowledgement of performance of the order, such order shall be cancelled.
5a. The Orderer shall be responsible for any decrease of the value of goods resulting from their use in a manner beyond the extent necessary to ascertain the nature, characteristics and properties of goods.
6. The Orderer is entitled to submit a complaint in the case of inconformity of goods with the agreement. The complaint in this respect shall be submitted by the Orderer in writing or by e-mail within 2 years from the date of delivery of goods to the Orderer. The address for correspondence and the e-mail address are specified in Â§ 1 par. 4 and 6. The complaint may contain one of the following requests: to decrease the price, to remove the defect or to replace defective goods with defect-free goods, or a statement of withdrawal from the agreement.
7. The Seller may request the Orderer to supplement the complaint by sending a copy or scan of a proof of purchase (e.g., a VAT invoice or a specification), the packaging of the parcel in which the goods covered by the complaint were delivered or goods covered by the complaint to the address indicated in the request for supplementation of the complaint. The complaint will be reviewed no later than 14 days from the date of its submission. Delivery of goods to the Seller according to the terms set out in this paragraph shall be performed at the Seller's expense.
7a. The submission of the complaint shall not exclude the possibility of pursuing claims in the course of legal proceedings.
8 . If the claim is admitted, the Seller shall promptly notify the Orderer and, depending on the request: reduce the price or provide the Orderer with a defect-free item. If this is not possible, the Seller shall refund the amount due to the Orderer within 14 days by postal order to the indicated address or by bank transfer to the indicated account or (if the payment was made by payment card) to the account of the card. The Seller shall issue the relevant correction of the proof of purchase to the Orderer (correcting VAT invoice or correcting specification).
8a. If the Orderer's complaint is found out to be unjustified, the Orderer may make an attempt to settle its dispute with the Seller out of court while retaining the right to refer to the case to a court, in particular by:
a) refer the case to a permanent arbitration consumer courts operating at the appropriate Regional Inspectorate of Trade Inspection;
b) request the competent Regional Inspectorate of Commerce to initiate mediation proceedings between the Seller and the Orderer.
8b. The use of a specific method of out-of-court dispute resolution can take place only upon mutual consent of the Buyer and Seller. The specific procedures for out-of-court resolution of disputes between the Orderer and the Seller are available on the website of the Office of Competition and Consumer Protection (UrzÄ
d Ochrony Konkurencji i KonsumentĂłw) at www.uokik.gov.pl and on the websites of the Provincial Inspectorates of Trade Inspection, and they can also be obtained from county (municipal) consumer advocates. For the amicable settlement of consumer disputes, the claimant can use the ODR online EU platform available at: http://ec.europa.eu/consumers/odr/. Amicable settlement of the dispute using that online platform can only be done in accordance with the principles specified at the indicated web address and upon mutual consent of Poczta Polska S.A. and the claimant.â
9. To the extent not regulated under these Terms & Conditions, the provisions of the Civil Code, particularly the provisions regarding sales warranty, shall be used for determining rights and obligations of the Orderer and the Seller in the case of ascertainment of a defect of goods.
10. Irrespective of the procedure indicated above, if the delivered package contains items that are damaged or incomplete (missing contents), the Orderer, as the addressee of the package, has the right to file a complaint and pursue claims for compensation under the general principles specified in the Act of 23 November 2012 â Postal Law (consolidated text, Journal of Laws of 2016, item 1113, as amended), Regulation of the Minister of Administration and Digitisation of 26 November 2013 on complaints against postal services (Journal of Laws of 2013, item 1468), Terms and Conditions for the provision of public services (available at: www.bip.gov.pl and www.poczta-polska.pl) and, for packages sent abroad, in accordance with the acts of the Universal Postal Convention (consolidated text, Journal of Laws of 2015, item 1522, as amended).