Right of withdrawal from the contract (RETURN OF GOODS) in case of distance selling involving CONSUMER and INDIVIDUAL ENTREPRENEUR.
In accordance with Article 27. of the Consumer Rights Act (Journal of Laws 2014, item. 827) CONSUMER containing "a distance 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 things that are delivered separately, in batches or in parts, the deadline starts from taking possession of the last item, batch or part, if the contract consists in a regular delivery of Products for a specified period of time - from the taking possession of the first of the Products - or in the case of services or a contract of another character - 14 days from the day of concluding the contract; however, if the buyer is a CONSUMER, the delivery of the sold thing to the buyer shall be deemed to take place if the SELLER entrusts it to the carrier if the choice of the carrier by the buyer was not under the SELLER's control. In the case of withdrawal from the contract, the CONSUMER shall be entitled to reimbursement of the costs incurred. If, at the time of concluding the contract, the CONSUMER chose a way of delivering the item other than the cheapest way offered by the SELLER, the SELLER shall not be obliged to return the additional costs incurred by the CONSUMER in excess of the cheapest way. The deadline shall be met if the declaration on withdrawal from the contract is submitted to the SELLER within this period. The declaration sent electronically is also valid - a ready form can be used ("Statement of withdrawal from the contract.doc."). If the declaration is made electronically, the SELLER shall immediately send to the CONSUMER, on a durable medium, the confirmation of receipt of the declaration of withdrawal from the contract.
After sending the declaration, the CONSUMER shall, within 14 calendar days ( starting from the date of sending the declaration on withdrawal from the contract), send it back to the CORRESPONDENCE address specified in the SELLER's data - unless the SELLER offered to collect the PRODUCT on its own. The deadline is determined by the date of sending the package.
The CONSUMER shall be responsible for the decrease in the value of the thing resulting from its use other than what is necessary to establish the characteristics, features and functioning of the thing.
The SELLER shall, within 14 calendar days, return the payments made by the consumer, including the costs of delivery of the item from the SELLER to the CONSUMER. However, the SELLER may withhold the repayment until it has received the item back or the consumer has provided proof of its return, depending on which happens first. The SELLER shall return the payment using the same means of payment used by the CONSUMER, unless the CONSUMER has clearly agreed to another way of return that does not involve any additional costs for the CONSUMER.
The direct costs of returning the PRODUCT to the SELLER shall be covered by the CONSUMER (CUSTOMER).
The right of withdrawal from the contract concluded at a distance does not apply to the CONSUMER in the cases specified in the attachment.
The SELLER will not accept shipments sent "cash on delivery". The return shipment shall be properly protected against damage in transport.
The regulations on the consumer, included in this section, shall apply to a natural person concluding a contract directly related to his/her business activity - an individual entrepreneur, if it results from the content of this contract that it does not have a business character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the regulations on the Central Register and Information on Business Activity.
Liability under warranty and guarantee in sales involving CONSUMER and INDIVIDUAL BUSINESSES.
The SELLER is obliged to deliver the PRODUCT being the subject of the contract - without defects.
The SELLER is responsible under the warranty for the physical defects which existed at the moment of passing the danger to the buyer or which resulted from the reason inherent in the sold thing at that moment - for the period of 2 years.
The SELLER informs that in the case of PRODUCTS covered also by a guarantee, the rights of the BUYER and the obligations of the guarantor on this account are specified and should be performed according to the conditions included in the WARRANTY SHEET. The granted WARRANTY for the sold PRODUCT is an additional right and does not exclude, limit or suspend rights of the CONSUMER under the liability of the SELLER under the provisions of the warranty for defects of the sold thing (Article 577 of the Civil Code).
The SELLER shall be released from its liability under the warranty if the CONSUMER knew of the defect at the time of entering into the contract.
In the case of discovering a defect or non-conformity of the delivered PRODUCT with the contract, the CONSUMER is eligible to submit a complaint.
In order to make a complaint, it is recommended that the CONSUMER fill in the complaint report (Complaint form.doc) or describe in another form the reason for the complaint and the requirements for elimination of defects and send the report by e-mail or post to the correspondence address of the SELLER specified in the header. The complaint may also be submitted by phone or verbally.
Defective PRODUCT - after consultation with the SELLER - if it is possible and intentional - the CONSUMER who executes the rights under the warranty shall be obliged, at the cost of the SELLER, to deliver the thing to the place specified in the contract of sale or, if no such place is specified in the contract, to the place where the thing was delivered to the CONSUMER. If the delivery of an item by the CUSTOMER would be too difficult due to the type of the item or the manner of its installation, the CUSTOMER shall make the item available to the SELLER at the place where the item is located.
If the sold goods have a defect, the CUSTOMER may submit a declaration requesting reduction of the price or withdrawal from the contract unless the SELLER immediately and without unreasonable inconvenience for the buyer replaces the defective goods with goods free from defects or removes the defect. This limitation shall not apply if the item has already been replaced or repaired by the SELLER or the SELLER has not complied with its obligation to replace the item with one free from defects or to remove the defect.
If the CONSUMER is a customer, he/she may, instead of the defect rectification proposed by the seller, request the replacement of the item with a defect-free item or, instead of the replacement of the item, request the defect rectification, unless bringing the item to conformity with the agreement in the chosen method by the customer is impossible or requires excessive costs in comparison with the method proposed by the seller.
When estimating the excessive costs, the value of the defect-free item shall be taken into account, as well as the type and significance of the defect and the inconvenience to which other means of satisfying the buyer would be exposed.
The buyer cannot withdraw from the contract if the defect is insignificant.
If a sold item has a defect, the buyer may require that the item be replaced with a defect-free item or that the defect be removed. The SELLER shall be obliged to replace the defective item with an item free from defects or remove the defect within a reasonable time without undue inconvenience for the buyer. The SELLER may refuse to satisfy the request of the buyer if bringing the defective goods to conformity with the contract in the method chosen by the buyer is impossible or in comparison with the other possible method of bringing the goods to conformity with the contract would require excessive costs. If the buyer is an entrepreneur, the seller may also refuse to replace or remove defects if the cost of remedying the defect exceeds the price of the goods sold.
The SELLER shall consider the complaint without undue delay. The SELLER shall not later than within 14 calendar days from the date of receipt of the complaint and shall inform the CONSUMER in writing or electronically about the status of the complaint. Leaving the complaint without an answer within this time limit shall be equivalent to the recognition of the complaint.
After the complaint is accepted, the SELLER shall return the costs related to the complaint and incurred by the CONSUMER. The SELLER shall transfer the amount due to the CONSUMER to the bank account or by postal order.
If the acceptance of the complaint is related to the repair or replacement of the goods, the SELLER shall send the product to the CONSUMER at its own cost.
The regulations on the consumer, contained in this section, shall apply to a natural person concluding a contract directly related to his/her business activity - an individual entrepreneur, if it results from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the regulations on the Central Register and Information on Business Activity.
Complaints and withdrawal from the contract (returns) in relations with CUSTOMERS who are not CONSUMERS (applies to entrepreneurs).
This section of the Terms and Conditions shall only apply to relations with Buyers who are not CONSUMERS.
On collecting the parcel with the ordered products, the Customer who is not a consumer is obliged to examine the parcel at the time and in the way accepted for parcels of this type. If he finds that during transport there was a defect or damage to the Product, he is obliged to perform all actions necessary to determine the liability of the carrier.
The Seller's liability towards the Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim and for all claims in total - to the amount of price paid and delivery costs under the concluded agreement. The Seller shall be liable towards the Customer who is not a consumer only for typical damage foreseeable at the time of concluding the agreement and shall not be liable for lost profits towards the Customer who is not a consumer.
Any disputes arising between the Seller/Service Provider and a Customer who is not a consumer shall be submitted to the court having jurisdiction over the location of the Seller.
Regulations concerning warranty for defects and quality guarantee - not mentioned above - in contracts with entrepreneurs are adopted directly in the wording adopted in the Civil Code art.556-581.