Warranty. Complaints, Returns. Out of law settlements.
If the Commodities were purchased from the Seller, the warranty of the manufacturer, importer or Seller is included, the range of which is confirmed by the guarantee document released to the Buyer along with his Commodities. They Buyer may, independently of other entitlements due to him, notify the issuer of the guarantee document, during the warranty period, with the complaint regarding the defects in the purchased Commodity.
Under the terms of the § 8 online shop Regulations, the Buyer has the right to submit a complaint to the Seller in connection with the statement of failure or delay in the delivery of the Commodities or in case of other events associated with the operation of the Seller or the Buyer’s use of the Shop.
Apart from the above mentioned, the rules specified in § 8 of the online shop Regulations, the Seller is liable to the Consumer for physical and legal defects of the sold Commodity.
The Seller shall consider only properly filed complaints within the period specified in the above Regulations, and the Buyer will be informed about the settlement of the complaint by letter to his correspondence address or electronically via e-mail address at the address indicated by the Buyer.
According to the Act of May 30, 2014 on consumer rights (D. A. of June 24, 2014) the Buyer who is also a Consumer has the right to withdraw from the contract without giving reasons within 14 (fourteen) days. The period of withdrawal begins:
a) for contracts, through which the Seller issues the Commodity, being obliged to transfer his ownership – of taking the possession of the Commodity by the Consumer or the third person designated by him other than the carrier, and in the case of the contract which:
I. includes a number of Commodities, which are delivered separately, in lots or in parts – of taking the possession of the last of the Commodity, a lot or a part,
II. consists of a regular supply of Commodities within the specified period of time – from the date of taking into possession the first of the Commodity;
b) for other contracts – from the date of closing a contract.
The Consumer may resign from the contract by submitting a statement of withdrawal from the contract. The statement may be submitted on the form, which is attached as appendix 1 to the Regulations, sending him after fulfilling to the e-mail address: email@example.com or the correspondence address P.P.H.U."BEROTEX" JAROSŁAW MAJTCZAK, ul. Kolumny 221, 93-613 Łódź. In order to meet the deadline of the withdrawal from the contract, it is enough to send a statement before its expiry.
The Consumer is required to return the Commodity to the Seller or handle it to the person authorized by the Seller to receive immediately, but not later than 14 days from the day on which he withdrew from the contract. To meet the deadline it is enough to return the Commodity before its expiry. The consumer shall only bear the direct cost of returning the Commodity.
The right of the withdrawal from the contract is not entitled to the Consumer in respect of contracts referred to in Article. 38 of the Act, and in particular to contracts:
- in which the subject of the provision is a Commodity of rapid decay or having a short shelf-life;
- in which the subject of the provision is a thing delivered in a sealed package, which after the opening of the package cannot be returned do to health protection or hygiene reasons, if the package was opened after the delivery;
Out of law settlements of disputes between the consumers and traders.
The Consumer has the opportunity to benefit from the extralegal mode of dispute resolution and the processing of the complaint and handling the claims under the Permanent Consumer Arbitration Court at the Regional Inspector of Trade Inspection in Łódź (entity acting within the framework of so-called ADR system – Alternative Dispute Resolution). Information on how to access the above mentioned mode and dispute settlement procedures against the above mentioned organization, is to be found under the following address: www.uokik.gov.pl, in the section Settlement of Consumer Disputes.
The Consumer has also the opportunity to submit an electronic and free request for an out-of-court settlement of a dispute relating to a contractual obligation resulting from an online sales agreement or an service provision agreement concluded between a consumer living in the European Union and a company headquartered in the European Union through the electronical complaint form made available on the website platform maintained by the European Commission (the so-called ODR Platform – Online Dispute Resolution). The ODR Platform is a tool for communication and exchange of the correspondence between the parties and the subject entitled to determine the dispute (ADR entity), a source of general information on the extralegal settlement of disputes between consumers and traders, as well as a database of existing European Union ADR entities, their competences and their principles of operation. Access to the ADR Platform and above mentioned information can be found under the following address: http://ec.europa.eu/consumers/odr/.
The ODR Platform and the entities acting within the framework of so-called ADR system do not serve and are not aiming to replace the court proceedings, nor deprive consumers and entrepreneurs of their rights to seek claims before the relevant courts of law.