Returns and complaints on woodszczescia.pl
1.1 The basis and scope of liability of the Seller to the Customer, if the sold Product has a physical or legal defect (warranty) are determined by generally applicable law, in particular, the Civil Code (including Article 556-576 of the Civil Code).
1.2 The Seller is obliged to deliver the Product without defects to the Customer. Detailed information about the Seller’s liability for defects in the Product and the Customer’s rights are specified on the website of the Online Store in the information tab concerning complaints.
1.3 A complaint can be made by the Customer for example:
1.1.36. in electronic form via e-mail to: firstname.lastname@example.org.
1.4 The Customer is recommended to provide in the description of the complaint (1) information and circumstances regarding the subject matter of the complaint, in particular the type and date of occurrence of the defect; (2) request for the method of bringing the Product into conformity with the Sales Agreement or declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are only recommendations and shall not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
1.5 The Seller shall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer has requested replacement of the goods or removal of defects or has made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it shall be deemed that the request is justified.
1.6 The Customer, who exercises the rights under warranty, is obliged to deliver the defective product to the address: Gdańska 37, 83-200 Starogard Gdański In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If, due to the type of the Product or the way it is installed, delivery of the Product by the Customer would be too difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
2. OUT-OF-COURT COMPLAINT HANDLING AND CLAIM INVESTIGATION PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
2.1 Detailed information on the possibility of using by the Customer who is a consumer the out-of-court ways of dealing with complaints and pursuing claims and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
2.2 There is also a contact point at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, e-mail: email@example.com or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task is to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.
2.3 The consumer has the following examples of out-of-court methods of dealing with complaints and claims: (1) a request for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to the provincial inspector of the Commercial Inspection (for more information, see the website of the inspector responsible for the place of business of the Seller); and (3) the assistance of a county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, among others, by e-mail at firstname.lastname@example.org and at the consumer helpline number 801 440 220 (open on Working Days, from 8:00 a.m. to 6:00 p.m., call charge as per operator’s tariff).
2.4 At http://ec.europa.eu/consumers/odr is available a platform for online dispute resolution between consumers and traders at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop-shop for consumers and traders seeking an out-of-court settlement of a dispute concerning contractual obligations arising from an online sales contract or service contract (for more information see the website of the platform itself or the website address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
3. RIGHT OF WITHDRAWAL
3.1 A consumer who has entered into a remote agreement, may within 14 calendar days withdraw from it without giving any reason and without incurring costs, except for the costs set out in point. 8.8 of the Regulations. In order to meet the deadline it is enough to send the statement before its expiry. A statement of withdrawal from the Agreement may be made, for example:
1.1.37. in electronic form via e-mail to the address: email@example.com.
3.2 A sample form of withdrawal from the contract is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in point. 11 of the Terms and Conditions and on the website of the Online Store on the tab concerning withdrawal from the agreement. The consumer can use the model form, but it is not mandatory.
3.3 The period for withdrawal from the contract shall begin:
1.1.38. for a contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sale Contract) – from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract which: (1) involves multiple Products which are delivered separately, in batches or in parts – from the taking possession of the last Product, batch or part or (2) involves the regular delivery of Products over a period of time – from the taking possession of the first Product;
1.1.39. for other contracts – from the date of conclusion of the contract.
3.4 In the case of withdrawal from a remote agreement, the agreement is considered as not concluded.
3.5 The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the agreement, return to the consumer all payments made by him, including the costs of delivery of the Product (with the exception of additional costs arising from the choice of the consumer of a method of delivery other than the cheapest usual method of delivery available at the Online Store). The Seller shall return the payment using the same method of payment used by the consumer, unless the consumer has explicitly agreed to a different method of return that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, the Seller may withhold reimbursement of payments received from the consumer until the Product is received back or the consumer provides proof of its return, whichever event occurs first.
3.6 The Consumer is obliged to immediately, no later than within 14 calendar days from the date of withdrawal, return the Product to the Seller or provide it to a person authorized by the Seller to receive it, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiry. The Consumer may return the Product to the following address: Gdańska 37, 83-200 Starogard Gdański.
3.7 The Consumer is responsible for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
3.8 Possible costs associated with the withdrawal from the agreement by the consumer, which must be borne by the consumer:
1.1.40. If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available at the Online Shop, the Seller shall not be obliged to reimburse the consumer for any additional costs incurred by the consumer.
1.1.41. The Consumer shall bear the direct costs of returning the Product.
1.1.42. In the case of a Product which is a service, the performance of which – at the express request of the consumer – began before the expiry of the deadline for withdrawal from the contract, the consumer who exercises the right of withdrawal after making such a request, is obliged to pay for the services performed until the withdrawal from the contract. The payment amount shall be calculated in proportion to the extent of the performance, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the performance.
3.9 The right of withdrawal from a distance contract shall not apply to the consumer with respect to contracts:
1.1.43. (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller does not exercise control, and which may occur before the end of the deadline for withdrawal; (3) in which the subject of the performance is a non-refabricated product, produced according to consumer specifications or serving to meet his individual needs; (4) in which the subject of the performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject matter of the performance is a Product delivered in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery; (6) in which the subject matter of the performance are Products, which after delivery, due to their nature, are inseparably connected with other things (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and the value of which depends on market fluctuations, over which the Seller has no control; (8) in which the consumer explicitly requested that the Seller came to him in order to perform urgent repair or maintenance; if the Seller provides in addition other services than those which the consumer requested to perform, or provides Products other than spare parts necessary to perform repair or maintenance, the consumer has the right to withdraw from the agreement with regard to additional services or Products (9) in which the subject of the supply are sound or visual recordings or computer programs supplied in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purpose, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of service; (13) for the supply of digital content which is not recorded on a tangible medium, if the provision of services began with the express consent of the consumer before the expiry of the deadline for withdrawal from the contract and after the Seller has informed him about the loss of his right of withdrawal.
4. PROVISIONS CONCERNING ENTREPRENEURS
4.1 This section of the Terms and Conditions and the provisions contained herein shall apply only to Clients and Customers who are not consumers.
4.2 The Seller shall have the right to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case can be made without giving any reason and does not entitle the Customer who is not a consumer to any claims against the Seller.
4.3 As far as the Clients who are not consumers are concerned, the Seller shall have the right to limit the available payment methods, including the requirement to make a full or partial prepayment, regardless of the payment method chosen by the Client and the fact of concluding a Sales Agreement.
4.4 At the moment of handing over the Product by the Seller to the carrier, the benefits and burdens associated with the Product as well as the danger of accidental loss or damage to the Product shall pass to the Customer who is not a consumer. In this case, the Seller is not responsible for the loss, diminution or damage to the Product arising from its adoption for transportation until its release to the Customer and for the delay in transportation of the consignment.
4.5 If the Product is sent to the Customer by a carrier, the Customer who is not a consumer is obliged to examine the consignment at the time and in the manner customary for consignments 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.
4.6 Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product towards the Customer who is not a consumer is excluded.
4.7 In case of the Customer who is not a consumer, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without specifying the reasons by sending a relevant statement to the Customer.
4.8 The liability of the Service Provider/Seller to the Customer/Client who is not a consumer, regardless of its legal basis, shall be limited – both for a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand PLN. The Service Provider / Seller shall be liable to the Customer / Client who is not a consumer only for the typical damage foreseeable at the time of conclusion of the contract and shall not be liable for lost profits in relation to the Customer / Client who is not a consumer.
4.9 Any disputes arising between the Vendor/Service Provider and the Customer/Customer who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.