Returns and complaint
The right to withdraw from the Agreement
- The Customer who is a Consumer may withdraw from the Agreement without specifying the reason by submitting an appropriate declaration within 14 days. To keep this deadline it is enough to send this declaration before its lapse.
- The Customer may compose the declaration by himself or use the form of declaration of withdrawal from Agreement (available to download below).
- The 14-days’ deadline shall be calculated from the day when the Goods were delivered or – in the case of an Agreement for Services – from the day it was concluded.
- Upon receipt of the Consumer’s declaration of withdrawal from the Agreement, the Seller shall send a confirmation of receipt of the declaration of withdrawal from Agreement to the Consumer’s electronic mail address.
- The right to withdraw from Agreement by the Consumer shall be excluded in the following cases:
a) for rendering services, if the Seller has performed the service in full with express consent on the part of the Consumer who had been informed – before the service was commenced – that upon completion of the service he shall lose the right to withdraw from agreement;
b) for an agreement the price or remuneration for which depends on fluctuations on the financial market that are beyond control of the Seller and that may occur before the lapse of the time allowed for withdrawal from the agreement;
c) for an agreement where the subject of the service are non-prefabricated Goods manufactured as per the specifications of the Consumer or serving to satisfy his unique needs;
d) for an agreement where the subject of the service are Goods which deteriorate quickly or have a short shelf life;
e) for an agreement where the subject of the service are Goods delivered in a sealed packaging that cannot be returned if opened, due to health protection issues or for sanitary reasons, if the packaging is opened after delivery;
f) for an agreement where the subject of the service are Goods which after delivery, due to their nature, remain inseparably connected with other items;
g) for an agreement where the subject of the service are alcoholic beverages, the price of which was agreed on conclusion of the Sales Agreement, and which may be delivered only after 30 days, and the value of which depends on fluctuations on the market that are beyond control of the Seller;
h) for an agreement where the Consumer expressly requested the Seller to visit him in order to perform an urgent repair or maintenance; if the Seller additionally performs other services than those requested by the Consumer, or if he delivers other Goods than the spare parts necessary for the repair or maintenance, the Consumer shall have the right to withdraw from agreement as regards the additional services or Goods;
i) for an agreement where the subject of the service are audio or video recordings or computer software delivered in a sealed packaging, if the packaging is opened after delivery; the delivery of journals, periodicals or magazines, except for a subscription agreement;
j) for an agreement concluded in a public auction;
k) for an agreement for rendering services in the scope of accommodation, other than for residential purposes, transport of items, car rental, catering, services connected with leisure, entertainment, sports or cultural events, if the agreement indicates the day or period when the service is to be rendered;
l) for an agreement for the delivery of digital content which is not recorded on a material carrier, if the performance of the service commences upon an express consent of the Consumer before the lapse of the time for withdrawal from agreement and after he has been informed by the Seller about losing the right to withdraw from the agreement.
- In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded. What the parties have rendered shall be returned in an unchanged condition, unless the change was necessary within the scope of the ordinary management, in particular to determine the nature, features and functioning of the item. The items should be returned immediately, not later than within 14 days.
- The purchased Goods should be returned to the address of the Seller, attaching the proof of purchase.
- The Seller shall immediately, but not later than within 14 days from receipt of the Consumer’s declaration on withdrawal from the Agreement, return to the Consumer all the payments he has made, including the costs of delivery for the Goods. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer.
- The Seller may withhold the refund of payment received from the Consumer until he receives the returned item or the Consumer provides a proof of its return dispatch, whichever comes first, unless the Seller offered to pick up the item from the Consumer by himself.
- If the form of delivery of the Goods selected by the Consumer is other than the least expensive, regular form of delivery offered by the Seller, the Seller shall not be obliged to refund to the Consumer any additional costs he has incurred. The Customer shall only incur the direct cost of return of the Goods, unless the Seller has agreed to incur that cost.
Complaints for the Goods under warranty
- The Seller undertakes to deliver Goods free from defects.
- The Seller shall be liable towards the Customer who is a Consumer, under warranty for defects in accordance with the provisions laid down in Article 556 – 576 of the Civil Code.
- Complaints arising out of a breach of the Customer’s rights guaranteed by law or under these Terms and Conditions should be sent to the following address “ Jarocin (63-200), Św. Ducha 31/3, to the electronic mail address: firstname.lastname@example.org .
- In order for the complaint to be processed, the Customer should send or deliver the Goods in question, attaching the proof of purchase,. The Goods should be delivered or sent to the abovementioned address.
- The Seller undertakes to process each complaint within 14 days. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, immediately, but not later than within 7 days from the date when the Customer received the request.
Complaints for electronic services
- The Customer may complain to the Seller about functioning of the Shop and using the Services. Complaints may be submitted in writing to the following address: Jarocin (63-200), Św. Ducha 31/3, to the electronic mail address: email@example.com .
- In the complaint, the Customer should indicate his name and surname, address for correspondence, the kind and description of the present problem.
- The Seller undertakes to process each complaint within 14 days, and if this is not possible – to inform the Customer within that time when the complaint will be processed. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, within 7 days from the date when the Customer received the request.
Out-of-court ways of settling complaints and pursuing claims
- The Customer who is a Consumer has, among others, the following possibilities to use the out-of-court ways of settling complaints and pursuing claims:
a) he has the right to refer to a permanent amicable consumer court operating by the Commercial Inspection with a request to settle a dispute arising out of the concluded Sales Agreement;
b) has the right to refer to the voivodeship inspector of the Commercial Inspection with a request to initiate mediation proceedings for amicable settlement of the dispute between the Customer and the Seller;
c) may obtain free support for settlement of the dispute between the Consumer and the Seller, using also the support of the poviat (municipal) consumer rights adviser or a social organisation whose statutory tasks include protection of Consumers (among others, the Federation of Consumers, the Society of Polish Consumers). The advice is provided by the Federation of Consumers on the toll-free number of consumers’ hotline 800 007 707 and by the Society of Polish Consumers at the electronic mail address firstname.lastname@example.org.
d) may report his complaint via the European ODR platform available at the address: http://ec.europa.eu/consumers/odr/ .