Provisions for withdrawals, returns and complaints - extract from the Terms and Conditions of the online shop "369 pouches":
V. Right of withdrawal
- Pursuant to the Consumer Rights Act, a Buyer who is a Consumer or an Entrepreneur with consumer rights - who has concluded a distance contract may, within fourteen (14) days from the date of receipt of the Goods, withdraw from the contract without giving any reason, by submitting a declaration of withdrawal from the contract to the Seller.
- The term of withdrawal shall expire after 14 days from the day on which the Buyer took possession of the Goods or on which a third party other than the carrier and indicated by you took possession of the Goods.
- In order to exercise the right of withdrawal, the Buyer should make an unequivocal declaration of withdrawal from a contract concluded at a distance in writing. The declaration should be sent to the address:
- LUNA CORPORATE limited liability company based in Suchy Las (registered office address: ul. Obornicka 174, 62-002 Suchy Las) or
- by electronic means, i.e. in the form of e-mail correspondence to: [email protected].
- In order to exercise the right of withdrawal, the Buyer may use the model withdrawal form, but this is not obligatory. The model declaration of withdrawal is attached as Annex 1 to the Regulations.
- In order to observe the deadline for withdrawal, it is sufficient for the Buyer to send information on exercising his right of withdrawal before the expiry of the deadline for withdrawal.
- Where, under a single order, the Buyer has purchased more than one Goods, the withdrawal may relate to all the Goods covered by the order or to specific Goods. The withdrawal declaration must clearly specify which Goods it relates to.
- The Seller shall immediately, but no later than within 14 days from the date of receipt of the Buyer's declaration of withdrawal from the contract, refund to the Buyer all payments made by him, including the costs of delivery of the Goods to the Buyer, subject to paragraph 8 below.
- The Seller will refund the payment using the same payment methods as those used by the Buyer in the original transaction, unless the Buyer has expressly agreed to a different solution; in any case, the Buyer will not incur any fees in connection with this refund.
- The Seller may withhold the reimbursement of payments received from the Buyer until receipt of the Goods or until proof of their return is provided, whichever is earlier.
- The Buyer shall return the Goods to the Seller immediately, but in any case not later than 14 days from the date on which the Buyer withdraws from the contract. The deadline shall be deemed to have been met if the Buyer sends back the Goods before the expiry of the period of 14 days.
- The Buyer shall bear the direct costs of returning the Goods, including the costs of returning the Goods if, due to their nature, the Goods cannot be returned by normal post.
- The Buyer shall only be liable for any diminished value of the Goods resulting from the use of the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
- If the mode of shipment chosen by the Buyer is different from the cheapest normal mode of shipment offered by the Seller, the Seller shall not be obliged to reimburse the Buyer for the additional costs incurred by the Buyer.
- The right of withdrawal shall not apply to contracts:
- for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the service began that after the service has been performed by the Seller, he will lose his right of withdrawal;
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs;
- in which the object of the service is an item liable to deteriorate or has a short shelf-life;
- in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery;
- in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items;
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract;
- for the delivery of alcoholic beverages, the price of which has been agreed upon conclusion of the sales contract, and the delivery of which may only take place after 30 days and the value of which depends on fluctuations on the market over which the Seller has no control;
- in which the subject of the service are sound or visual recordings or computer programmes delivered in a sealed package, if the package has been opened after delivery;
- for the delivery of daily newspapers, periodicals or magazines, with the exception of a subscription contract;
- concluded through a public auction;
- for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies a day or period of service provision;
- for the delivery of digital content which is not recorded on a tangible medium, if the performance has begun with the Consumer's express consent before the deadline for withdrawal and after the Seller has informed the Consumer of the loss of the right of withdrawal.
VI. Complaints and warranty
- The Seller shall be liable to the Buyer if the sold Goods have a physical or legal defect (warranty).
- The Seller shall be liable under the warranty if the physical defect is discovered before the expiry of two years from the date of delivery of the Goods to the Buyer.
- If the Buyer is a Consumer and he has found a defect in the Goods before the lapse of one year from the date of delivery of the sold Goods, it shall be assumed that the defect or its cause existed at the time of transfer of risk to the Buyer.
- The Buyer shall lose his rights under the warranty if he does not examine the Goods within the time and in the manner adopted for such Goods and does not notify the Seller immediately of the defect, and in the case of a defect which becomes apparent only later - if he does not notify the Seller immediately after its discovery.
- The Seller shall be released from liability under the warranty if the Buyer knew of the defect at the time of conclusion of the contract, conclusion of an order or receipt of the Goods.
- In the event of a defect in a Goods purchased from the Seller, the Buyer has the right:
- to make a declaration of price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Buyer replaces the defective Goods with a Goods free from defects or removes the defect. This restriction shall not apply if the Goods has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Goods with a Goods free from defects or to remove the defect. The Buyer may not withdraw from the contract if the defect is insignificant;
- to demand the replacement of the defective Goods with a Goods free from defects or to demand the removal of the defect. The Seller is obliged to replace the defective Goods with a Goods free from defects or to remove the defect within a reasonable time without undue inconvenience to the Buyer.
- In relation to Buyers who are not Consumers, the Seller may, at its own discretion, replace the defective Goods with a Goods free from defects, remove the defect or reduce the price. If the Goods are replaced with a defect-free Goods or the defect is removed, the Seller shall not be liable for damages which the Buyer may incur as a result of the untimely execution of the order.
- If, due to a defect in the Goods, the Buyer submits a declaration of withdrawal from the contract or a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller does not respond to this demand within 14 (fourteen) days, the demand shall be deemed justified.
- The Buyer who exercises the rights under the warranty shall deliver the defective Goods at the Seller's expense to the following address: LUNA CORPORATE Sp. z o.o., ul. Obornicka 174, 62-002 Suchy Las.
- If, due to the type of Goods or the manner in which it is mounted or installed, delivery of the Goods by the Buyer would be excessively difficult, the Buyer shall make the Goods available to the Seller at the place where the Goods is located.
- The Seller shall accept the complaint immediately and respond to it no later than within 14 days. If the complaint is rejected, the Seller's response will include the reasons for the rejection.
- If the complaint is not accepted and the Buyer does not agree with the Seller's position, the Buyer may attempt to resolve the dispute on an amicable basis, e.g. through mediation or through an arbitration court, which is a cheaper and faster alternative to court proceedings.
- The Buyer may also use an online dispute resolution platform (ODR platform), in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
- The Online Dispute Resolution (ODR) platform is a multilingual, interactive website that offers an alternative method for out-of-court settlement of disputes concerning contractual obligations arising from online sales or service contracts between consumers resident in the EU and traders established in the EU.
- Link to the ODR platform: https://ec.europa.eu/consumers/odr.
- The Seller informs that, for the Buyer who is a Consumer, there is also a possibility of using out-of-court methods of considering complaints and pursuing claims:
- The buyer may apply for mediation. Mediation proceedings are initiated at the request of the Buyer or with the consent of the Buyer at the request of the Seller, submitted to the provincial inspector of the Trade Inspection;
- The buyer may also apply to the permanent consumer arbitration court operating at the Trade Inspection to resolve disputes arising from the concluded contract.
- Out-of-court dispute resolution will only be possible after the complaint procedure has been completed and if both parties to the dispute agree to it.
- The detailed procedure for using the out-of-court dispute resolution methods referred to above and the rules of access to these procedures are available at the headquarters and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection.
Annex No. 1 to the Regulations
WITHDRAWAL DECLARATION
I, the undersigned(1), hereby give notice of my withdrawal from the contract of sale of the following Goods/goods: ________________________________________
Date of conclusion of contract/collection(1) of Goods/goods:_______________________________
Buyer's name: _________________________________________
Buyer's address: _______________________________________
Method of reimbursement(2):
□ by bank transfer - to a bank account number (please indicate the bank account number and the name of the bank):
____________________________________________________________________
□ return to credit card - using the credit card used to make the purchase;
□ in cash - once this letter has been taken into account, collection will be possible at the Buyer's option(2):
□ at the office located at the Seller's premises (ul. Obornicka 174, 62-002 Suchy Las);
NOTES: ___________________________________________________________________
_________________________________________________________________________
Date: _____________________________ Buyer's signature: ___________________.
(1) Delete where not applicable.
(2) Please mark with an X the form of refund chosen.
Download PDF attachment --> MODEL FOR WAIVER FROM RETAIL SALES AGREEMENT
