Returns and refunds

 

§1 The right to withdraw from the agreement (RETURN OF PRODUCTS) in the case of remote selling with the participation of the CONSUMER.

  1. Pursuant to Article 27 of the Consumer Rights Act (Journal of Laws of 2014, item 827), the CONSUMER concluding a “remote contract” – has the right to withdraw from the contract without giving any reason – within 14 calendar days from the date of taking possession of the PRODUCT (if the product consists of many items that are delivered separately, in batches or in parts, the period begins with taking possession of the last item,  batch or part, if the contract consists in regular delivery of the Products for a definite period – from taking possession of the first Product – or in the case of services or contracts of a different nature – 14 days from the day of conclusion of the contract, however, if the BUYER is a CONSUMER, the item is considered released if the SELLER released it to the carrier, if the SELLER did not have influence on the selection of the carrier by the buyer. In the case of withdrawal from the contract, the CONSUMER shall be entitled to reimbursement of costs incurred.  If during the conclusion of the contract CONSUMER chose the way of delivering things other than the cheapest usual way offered by the SELLER – the SELLER is not obliged to return to the CONSUMER incurred additional costs exceeding the cheapest form. The condition for keeping the deadline is to submit a declaration of withdrawal from the contract to the SELLER at that time. A declaration sent electronically is also valid – one can use the ready form (Declaration of withdrawal from the contract. doc.). In the case of submitting a declaration in electronic form, the SELLER will immediately send to the CONSUMER a durable form confirmation of receipt of the declaration of withdrawal from the contract.
  2. After sending the declaration, the CONSUMER is obliged within 14 calendar days (counted from the date of sending the declaration of withdrawal from the contract) to send the product to the CORRESPONDENCE address  provided in the SELLER’s data – unless the SELLER offered to pick up the PRODUCT itself. The date of sending the product is the date of shipping confirmation.
  3. The CONSUMER bears the responsibility for reducing the value of the item as a result of using it in a way other than necessary to determine the nature, characteristics and functioning of the product
  4. The SELLER returns the payment made by it within 14 calendar days, including the costs of delivering goods from the SELLER to the CONSUMER. The SELLER may, however, withhold the payment until the return of the item or delivery by the CONSUMER proof of its shipment – depending on which event occurs first. The SELLER shall refund the payment using the same method of payment as the CONSUMER used, unless the CONSUMER has expressly agreed on a different method of return, which does not entail any additional costs for it. If the payment was made with a payment card, the SELLER will make the refund to the bank account assigned to the payment card of the Ordering Party
  5. Direct costs of returning the PRODUCT to the SELLER shall be borne by the SELLER.
  6. The CONSUMER’S right to withdraw from a remote contract is excluded in the cases listed in the Annex.
  7. The SELLER does not accept shipments sent as “cash on delivery”. The return shipment should be adequately protected against damage in transit.

§2 Liability under warranty and guarantee when selling with the participation of the CONSUMER.

  1. The SELLER is obliged to deliver the PRODUCT being the subject of the agreement – without defects.
  2. The SELLER is responsible under the warranty for physical defects that existed at the time of transfer of danger to the buyer or resulted from a reason inherent in the item sold at the same time – for a period of 2 years.
  3. The SELLER informs that in the case of PRODUCTS also covered by the guarantee, the rights of the buyer and the obligations of the guarantor in this respect are specified and should be carried out in accordance with the conditions set out in the ONLINE STORE. The GUARANTEE granted for the PRODUCT sold is an additional right and does not exclude, limit or suspend the CONSUMER rights under the liability of the SELLER under the provisions of the warranty for defects of  sold goods (Article 577 of the Civil Code).
  4. The SELLER shall be released from liability under the warranty if the CONSUMER knew about the defect at the time the agreement was concluded.
  5. In the case of finding a defect or non-compliance of the delivered PRODUCT with the agreement, the CONSUMER has the right to file a complaint.
  6. In order to file a complaint, we recommend that the CONSUMER should complete the complaint report, or otherwise describe the grounds for the complaint and requests for the removal of defects and send the notification by e-mail or mail to the correspondence address of the SELLER provided in the header. Reports can also be submitted by phone or orally.
  7. Defective PRODUCT – in agreement with the SELLER – if it is possible and deliberate – CONSUMER, who exercises the rights under the warranty, will be obliged at the expense of the SELLER to deliver the item to the place defined in the sales agreement, and if such a place is not specified – to the place where the item was released to the CONSUMER. If, due to the type of product or the method of its installation, delivery of the item by the CUSTOMER would be excessively difficult, the CUSTOMER is obliged to provide the SELLER with the item in the place where the item is located.
  8. If the item sold has a defect, the CUSTOMER may submit a statement with a request to reduce the price or withdrawal from the agreement, unless the SELLER immediately and without excessive inconvenience to the buyer replaces the defective item with a defect-free one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the SELLER or the SELLER did not satisfy the obligation to replace the item for the product free from defects or to remove the defect.
  9. If the BUYER is a CONSUMER, instead of removing the defect proposed by the seller, it may demand replacing the item for the product free of defects, or instead of replacing , demand removal of the defect, unless it is impossible to bring item into conformity in the manner chosen by the buyer or this would require excessive costs in comparison with the way proposed by the seller. When assessing the excess of costs, the value of the item free of defects along with the type and significance of the defect found, and the inconvenience to which the buyer would otherwise expose the buyer are taken into account.
  10. The reduced price should remain in such proportion to the price resulting from the agreement, in which the value of the item with the defect remains to the value of the item without a defect.
  11. The BUYER may not withdraw from the agreement if the defect is irrelevant.
  12. The SELLER will consider the complaint without unnecessary delay, no later than within 14 calendar days from the date of receipt of the complaint and will inform the CONSUMER within that time in written or electronic form about the status of the complaint. Leaving a complaint at this time without response is tantamount to acknowledging the complaint.
  13. After considering the complaint, the SELLER shall return to the CONSUMER the costs related to the complaint and incurred by the CONSUMER. The SELLER will transfer the amount due to the CONSUMER to a bank account or via a postal order.
  14. If the acknowledgment of the complaint is related to the repair or exchange of goods – the SELLER will send the product to the CONSUMER at its own expense.

§3 Complaints and withdrawal from the agreement (returns) in relations with CUSTOMERS who are not CONSUMERS (applicable to entrepreneurs).

  1. This section of the Regulations applies only in relations with BUYERS who are not CONSUMERS.
  2. Liability under the warranty expires after 24 months from the date of receipt of the PRODUCT
  3. The CUSTOMER has the right to choose the method of delivery – including sending an ordered carrier who will pick up the PRODUCT on its behalf.
  4. If the item sold is to be sent by the SELLER, the delivery is considered to be completed the moment when the SELLER entrusted it to the carrier involved in transporting such products in order to deliver it to the place of destination.
  5. At the time of the release of the item sold, the benefits and burdens associated with the item and the risk of accidental loss or damage to the item are passed on the CUSTOMER.
  6. Upon delivery of the shipment with the ordered products, the CUSTOMER is obliged to examine the shipment in time and in the manner accepted for such deliveries. If the CUSTOMER determines that during the transport there was a loss or damage to the Product, it is obliged to perform all actions necessary to determine the liability of the carrier. If the CUSTOMER did not examine the item and did not immediately notify the seller about the perceived defect, and if the defect came to light only later – if it did not notify the seller immediately after its detection – the warranty entitlement is nor applicable.
  7. The liability of the SELLER irrespective of its legal basis is limited – both as part of a single claim, as well as for all claims in total – up to the price paid and delivery costs resulting from the concluded agreement. The SELLER is only liable for typical damage predictable at the time of conclusion of the agreement and is not liable for lost profits by the CUSTOMER.
  8. If there are no cases of liability of the SELLER under the warranty authorizing the CUSTOMER to return the PRODUCT, the CUSTOMER may return the purchased PRODUCT only with the consent of the SELLER, at the CUSTOMER cost, if the PRODUCT is unused, in the factory-sealed package.
  9. If the sold item has defects, the CUSTOMER may withdraw from the agreement or demand a price reduction. However, the CUSTOMER may not withdraw from the agreement if the seller immediately exchanges the defective item for a faultless item or removes the defect immediately. This limitation does not apply if the item has already been replaced by the seller or repaired, unless the defects are irrelevant.
  10. The SELLER informs that in the case of PRODUCTS also covered by the guarantee, the rights of the buyer and the obligations of the guarantor in this respect are defined and should be carried out in accordance with the terms and conditions set out in the ONLINE STORE. The GUARANTEE granted for the PRODUCT sold is an additional right and does not exclude, limit or suspend the rights of the buyer under the provisions of the warranty for defects in the item sold.
  11. The SELLER does not accept any deliveries sent back as COD.
  12. Any disputes arising between the Seller / Service Provider and the CUSTOMER shall be subject to the court having jurisdiction over the seat of the SELLER.
  13. Regulations regarding the principles of warranty for defects and quality guarantee – not mentioned above – in contracts with entrepreneurs are adopted directly in the wording expressed in the Civil Code art.556-581.