- The seller is liable to the Customer who is a Consumer within the meaning of art. 22 of the Civil Code for non-compliance with the Sales Contract of Products purchased by the Customer, as well as under the provisions of the Act on consumer rights.
- The Seller undertakes to provide the Electronic Product free of defects.
- The complaint should contain the data enabling the Customer’s identification (name and surname, correspondence address, e-mail address), the subject of the complaint (e.g. type and date of occurrence of the defect), and requests related to the complaint. If an incomplete complaint is received, the Seller will call the Customer to complete it, otherwise, the complaint will be left unrecognized.
- The complaint should be sent to the e-mail address firstname.lastname@example.org
- The Seller will respond to the complete complaint within 14 days of receiving the complaint and inform the Customer about further proceedings to the email address of the person submitting the complaint.
- The Seller will process the Customer’s data to consider the complaint.
- The Customer may use the complaint form attached to these Regulations.
- In the event of selling the Product in trade between entrepreneurs according to art. 558 § 1 of the Civil Code, the parties exclude the Store’s liability under the warranty for physical and legal defects of goods.
Withdrawal from the contract by the consumer
- The consumer has the right to withdraw from the contract within 14 days from the date of the contract, without giving any reason, subject to paragraph 6.
- To exercise the right of withdrawal, the Consumer must inform the Seller about their decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by e-mail or via the contact form available on the Website). To meet the deadline to withdraw from the contract, it is sufficient for the Consumer to send information regarding the exercise of their right to withdraw from the Contract before the deadline.
- An example of the content of the statement (form) on withdrawal from the contract is provided in the Annex to these Regulations.
- The Seller is obliged to immediately, not later than within 14 days of receipt of the Consumer’s statement of withdrawal from the contract, return to the Consumer all payments made by them, excluding the situation described in section 6 of this paragraph.
- The Seller refunds using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for them.
- The Customer is not entitled to withdraw from the contract if the performance, i.e. access to the Digital Product, occurred before the deadline to withdraw from the contract. The Customer agrees to gain access to the Product before the date referred to in section 1 of this paragraph and is aware of the loss of the right to withdraw from the contract.
- If a corrective invoice is issued, the invoice will be issued by the Store at the time of the refund to the customer’s account. The invoice will be sent to the Customer by e-mail to the e-mail address provided when placing the Order.
Out-of-court complaint handling and pursuing claims for damages
- The Seller agrees to submit possible disputes arising in connection with the sale of the Products through mediation proceedings. Details shall be determined by the parties to the conflict.
- The Customer who is a Consumer can use out-of-court methods of complaint handling and pursuing claims for damages. Among other things, a Customer who is a Consumer can:
- apply to a permanent amicable consumer court to resolve a dispute arising from the concluded Sales Contract,
- request the Provincial Inspector of Trade Inspection to initiate mediation proceedings to amicably end the dispute between the Customer and the Seller,
- use the assistance of the district (municipal) consumer advocate or a social organization in which statutory tasks include consumer protection.
- The Customer, who is a Consumer can find more detailed information on out-of-court complaint handling and pursuing claims for damages at https://www.uokik.gov.pl and at the offices and websites of county (municipal) consumer advocates, social organizations which statutory tasks include consumer protection or Provincial Inspectorates of Trade Inspection.
- The Consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and traders seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales or service contract.
- The case may be considered by an arbitration court only after the complaint procedure has been completed and if both parties to the dispute agree. In other cases, any disputes shall be submitted to the courts having jurisdiction following the provisions of the Code of Civil Procedure and general jurisdiction.