Returns and Customer Complaints
|Returns and Customer Complaints
1. You have the right to withdraw from the contract for convenience without any charge. A contract that has been withdrawn from will be considered void.
2. If you intend to withdraw from the contract, you have to submit a written contract withdrawal notice to the mailing address or e-mail address indicated in Â§ 1(4) and (6) and send it to the Seller within 14 days from the delivery of the products, and if the product is delivered in batches â€“ from the delivery of the last batch. The above-mentioned time limit is not exceeded if the notice is sent before its expiry. You may use the contract withdrawal form enclosed as an appendix to these Terms and Conditions.
3. You are obliged to return the products you have purchased without undue delay, no later than within 14 days from the withdrawal from the contract. The above-mentioned time limit is not exceeded if the items are sent before its expiry. The costs of returning the items will be borne by you.
4. The Seller is obliged to refund the amount you have paid for the products to be returned complete with shipping costs within 14 days from the submission of the declaration of intent to withdraw. However, if you have selected an order shipping method other than the least expensive method offered by the Seller for the given order, the Seller will not be obliged to refund the additional costs you have borne. The Seller will refund the payment using the same payment method as the one you used, unless you expressly agree upon a different refund method with the Seller that does not incur any costs on the part of the Seller. The Seller will not refund the payment received from you until the items are received back or until you submit evidence confirming that you have sent the items, whichever is sooner. The Seller will also adjust any proofs of purchase previously submitted to you (adjustment VAT invoice or adjustment specification).
5. If you send the withdrawal notice before receiving confirmation of your order, your order will be cancelled.
6. You will be liable for the reduction of the value of the products caused by the use of the items exceeding the use necessary to establish the type, characteristics and properties of the products.
7. You have the right to file a complaint if the products do not conform to the contract. Any complaints on these grounds should be submitted in writing or by e-mail within 2 years from the date of delivery of the products. The mailing address and e-mail address have been specified in Â§ 1(4) and (6). The complaint may include one of the following requests: price reduction, rectification of the defect, replacement of the products with defect-free items or declaration of intent to withdraw from the contract.
8. The Seller may request that the complaint be supplemented by sending a copy or scan of the proof of purchase (e.g. VAT invoice or specification) or the faulty products to the address indicated in the request for supplementation of the complaint. Delivery of the material evidence referred to in this paragraph will take place at the Sellerâ€™s expense.
9. The complaint will be considered within 14 days from its submission, whereas this period may be extended by the time required to acquire the material evidence referred to in paragraph 8.
10. Submission of the complaint does not exclude the possibility of pursuing your claims in court.
11. If the claim is admitted, the Seller will promptly notify you and, depending on the request: reduce the price or provide you with a defect-free item. If this is not possible, the Seller will refund the amount due to you within 14 days by postal order to the indicated address or by bank transfer to the indicated account. The Seller will issue the adjustment invoice or adjustment specification if the price is reduced or if the amount due to you is refunded.
12. If your complaint is not found to be reasonable, you may, without prejudicing your right to bring legal action in court, try to resolve the dispute with the Seller out of court â€“ in particular, you may:
1) file a case with the permanent arbitration court operating at the relevant Provincial Inspectorate of Trade Inspection;
2) address the relevant Provincial Inspectorate of Trade Inspection with a request to initiate out-of-court consumer dispute resolution proceedings.
13. The use of a specific method of out-of-court dispute resolution can take place only upon mutual consent of the Buyer and Seller. If your complaint is rejected in whole or in part, the Seller will notify you about its consent or refusal to participate in the out-of-court consumer dispute resolution proceedings. The specific procedures for out-of-court resolution of disputes between the Seller and you 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.
14. For the amicable settlement of consumer disputes, you may use the EU ODR platform available at: http://ec.europa.eu/consumers/odr/. Amicable resolution 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 you and the Seller.
15. Matters not regulated in these Terms and Conditions regarding the rights and obligations of you and the Seller upon discovery of a defect of the product will be governed by the Civil Code, including, in particular, the provisions on the implied warranty for sale.
If you are not a consumer:
1. the Seller will only be liable for actual damage, only within the limits of the order price (incl. VAT);
2. if the products do not conform to the contract, you will only have the right to request the rectification of the defect or replacement of the product with a defect-free item;
3. the right to request rectification of the defect or replacement of the product will expire if you did not examine the product on the date of delivery and if you did not notify the Seller by e-mail about the defect on the same day, including a description of the defect;
4. the time limit for the submission of the complaint will be 14 days from delivery of the product;
5. the reference to the Consumer Rights Act referred to in Â§ 9(2) will not apply.