§ 1 The right to recede from the contract

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1. The consumer may recede from the Sales Agreement within 14 calendar days without giving any reason.

2. The time limit specified in sec. 1 begins with the delivery of the Product to the Customer or a person other than the carrier designated by him.

3. 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 delivery of the

last thing, batch or part.

4. In the case of an Agreement which consists in the regular delivery of Products for a specified period (subscription), the date specified in paragraph 1 runs from taking possession of the first thing.

5. The consumer may recede from the Agreement by submitting to the Seller a declaration of recede from the Agreement. To meet the deadline for receding from the Agreement, it is enough for the Consumer to send a statement before the period of 14 calendar days expires. 

6. The statement may be sent by post or by an e-mail by sending the statement to the Seller's e-mail address. The statement may also be submitted on the form, the specimen which is attached as Appendix 1 to these Regulations and an attachment to the Act of May 30, 2014 on consumer rights, but it is not obligatory.

7. In the case of sending the statement by the Consumer electronically, the Seller shall immediately send the confirmation of receipt of the declaration of recede from the Agreement to the e-mail address provided by the Consumer.

8. Consequences of recede from the Agreement:

a. In the case of recede from the Agreement, after the Seller’s previous refusal of replacement or reparation, the Seller returns all payments ( including delivery costs, except for additional costs resulting from the delivery method chosen by the Consumer, other than the cheapest standard delivery method offered by the Seller) to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's recede from the Agreement.

b. The return of the payment 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.

c. The Seller may hold the return of the payment until the Product is received back or until proof of its return is provided to the Seller

d. 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 recede from the Agreement. 

e. The Seller bears the direct costs of returning the Product, if the product could not be returned by regular mail due to its nature. 

f. The consumer is only responsible for the reduction in the value of the Product that is caused by the use of a product in a different way than was necessary to establish the nature, characteristics and functioning of the Product.

 

9. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the costs of returning the Product, will be included in the Product description in the Store.

10. The right to recede from a distance contract is not entitled to the Consumer in relation to the Agreement:

1. 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,

2.  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 for hygiene reasons, if the packaging has been opened after delivery,

3.  in which the subject of the service is an item that deteriorates quickly or has a short expiration date,

4. for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer, who has been informed before the commencement of the service that after the Seller has fulfilled the service, Consumer will lose the right to recede from the Agreement,

5. in which the price or salary depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the deadline to recede from the Agreement,

6. in which the subject of the service are things that after delivery, due to their character, they are inseparably connected with other parts,

7.  in which the subject of the service are alcoholic beverages, the price of which was agreed upon 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 on the market, over which the Seller has no control,

8. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging was opened after delivery,

9. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,

10. for delivery of digital content that is not recorded on a material medium, if the performance began with the Consumer's express consent before the deadline to recede from the contract and after informing the Seller about the loss of the right to recede from the Contract,

 

§ 2 Complaints and warranty

 

1. The Sales Agreement covers new Products.

2. The Seller is obliged to provide products and services, including electronic services in compliance with the contract within the meaning of section 43b,k of 1 and 2 Act on Consumer Rights 

3. In the  event of non-compliance with the contract, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code.

4. The Participant has the right to demand replacement or reparation in the first place, In case that reparation or replacement are impossible or would require excessive costs, the Service Provider shall have the right of refusing to bring it into line with the contract. In this case, the Participant shall have the right to withdraw from the contract or submit a statement of price reduction.

5. Complaints should be submitted in writing or electronically to the Seller's addresses provided in these Regulations or using the electronic complaint form provided by the Seller on one of the Store's subpages. 

6. It is recommended to include in the complaint: a brief description of the non-compliance with the contract, the circumstances (including the date) of its occurrence, the details of the customer submitting the complaint, and the customer's request in connection with the non-compliance with the contract.

7. The Seller will respond to the complaint immediately, no later than within 14 days of receipt of the advertised product, and if he does not do so within this period of time, the Customer's request is considered as justified.

8. Goods returned as part of the complaint procedure should be sent to the address given in § 3 of these Regulations.

9. 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 methods of dealing with complaints and legal claims

 

1.Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and legal claims as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer proponent, organizations social, whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following addresses websites of the Office of Competition and Consumer Protection:

http://www.uokik.gov.pl/spory_konsumenckie.php;

http://www.uokik.gov.pl/sprawy_indywidualne.php and

http://www.uokik.gov.pl/wazne_adresy.php.