Returns and complaints
Returns and complaints
I. The right to withdraw from the Sales contract
The Customer who is a Consumer or Entrepreneur-Consumer, in the event of concluding a Distance Sale Agreement, has the right to withdraw from the Sales Agreement concluded with the Seller without giving any reason and without incurring costs other than those provided for by law, within 14 days from the date of receipt of the Product, and therefore, taking the Product into possession or taking possession of the Product by a third party indicated by the Consumer or the Entrepreneur-Consumer other than the carrier, and in the event that the Consumer or Entrepreneur-Consumer places one Order covering many Products that are delivered separately, in batches, deadline 14 – a day should be counted from the moment of physical possession of the Consumer or Entrepreneur-Consumer of the last Product or batch, and when the Sales Agreement consists in the regular delivery of Products for a specified period of time – from taking possession of the first of the Products.
Consumer or Entrepreneur-Consumer using the right indicated in paragraph 1 above, may withdraw from the Sales Agreement by submitting an appropriate statement to the Seller. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer or the Entrepreneur-Consumer to send a statement before that deadline.
The statement may be sent by traditional mail or by e-mail by sending the statement to the Seller’s e-mail address or by submitting the statement on the Seller’s website – the Seller’s contact details are specified in point III of the Regulations. The declaration may also be submitted on the form, the specimen of which is Annex 1 to these Regulations and an annex to the Act of May 30, 2014 on consumer rights, but its use is not obligatory.
In the event of sending the statement by the Consumer or the Entrepreneur-Consumer by e-mail, the Seller shall immediately send the Consumer or the Entrepreneur-Consumer to the e-mail address provided confirmation of receipt of the declaration of withdrawal from the Agreement.
Consequences of withdrawal from the Agreement:
In the event of withdrawal from a Distance Agreement, this Agreement is considered void.
What the parties have provided is returned if it is unchanged, with all restrictions imposed by pharmaceutical law or other applicable laws or regulations.
Subject to point b, the Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s or Entrepreneur-Consumer’s declaration of withdrawal from the Sales Agreement, return to the Consumer or Entrepreneur-Consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method available in the Online Store). Additionally, if the Customer returns the Product in a manner other than the cheapest standard delivery method offered by the Online Store, the Seller is not obliged to reimburse the additional costs incurred by the Customer. The seller is not responsible for return shipments.
If the Consumer or the Entrepreneur-Consumer exercises the statutory right to withdraw from the Sales Agreement, the Seller shall refund the payment using the same method of payment as used by the Consumer or Entrepreneur-Consumer, unless the Consumer or Entrepreneur-Consumer expressly agreed to a different method of return which does not involve any costs for him.
We are not responsible for an incorrectly entered bank account number by the Customer when making a return via the paper form or through his Customer Account on the Store’s website.
The Seller may withhold the reimbursement until the Product is received back and after it is found that the product has been returned to the Seller in a condition that does not indicate its use.
The Consumer or the Entrepreneur-Consumer is obliged to immediately, no later than 14 days from the date on which he informed the Seller about the withdrawal from the Agreement, return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. The deadline will be met if the Consumer or the Entrepreneur-Consumer sends the Product back within 14 days.
The consumer or the Entrepreneur-Consumer bears the direct costs of returning the Product.
If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as about the costs of returning the Product, will be included in the Product description in the Store.
If the Consumer or the Entrepreneur-Consumer uses the statutory right of withdrawal, the Consumer or Entrepreneur-Consumer is responsible for the reduction of the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product. The responsibility of the Consumer or the Entrepreneur-Consumer may include, in particular, the inability to introduce the Product for sale as a full-value Product, the costs of re-placing tags and security elements on the Product, as well as the costs of restoring the Product to a state that allows it to be re-introduced for sale in the Online Store, including costs of Product examination by a specialist and costs of removing defects found as a result of such examination (to the extent to which these defects result from the use by the Consumer or Entrepreneur-Consumer of the Product in a way that goes beyond what is necessary to establish its nature, characteristics and functioning). The Seller has the right to charge the Customer with the amount of compensation on this account. After calling the Customer to pay compensation, the Seller may submit a statement on the deduction of his claim for compensation for the reduction of the value of the item with the claim of the Consumer or the Entrepreneur-Consumer for reimbursement of costs incurred in connection with the concluded contract.
The right to withdraw from a distance contract is not available to the Consumer or the Entrepreneur-Consumer in relation to the Agreement:
for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer or the Entrepreneur-Consumer, who was informed before the service begins that after the Seller has fulfilled the service, he will lose the right to withdraw from the contract,
in which the subject of the service is a non-prefabricated item, manufactured according to the specifications of the Consumer or Entrepreneur-Consumer or serving to satisfy his individual needs,
in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery,
in which the subject of the service is a Product that deteriorates quickly or has a short shelf life,
in which the price or remuneration depends on fluctuations in the financial market, in particular exchange rates over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement,
in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things,
for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts,
for the delivery of digital content that is not saved on a tangible medium, if the performance began with the Consumer’s express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the Contract.
If the Consumer or the Entrepreneur-Consumer submitted a declaration of withdrawal from the contract before the Seller accepted his offer, the offer ceases to be binding.
II. Complaints and warranty
The Sales Agreement covers new Products.
The basis and scope of the Seller’s liability towards the Customer, if the Product sold has a physical or legal defect (warranty), are specified in the provisions of the Civil Code, in particular in art. 556 and following of the Civil Code. Products presented in the Online Store may be covered by the manufacturer’s warranty. The detailed conditions of the guarantee and its duration are then specified in the guarantee card issued by the guarantor and attached to the Product.
The seller is obliged to provide the customer with an item free from defects. The Seller is released from liability under the warranty if the Consumer knew about the defect at the time of concluding the Sales Agreement.
A complaint regarding the Service may be submitted in any way ensuring that the Customer’s declaration of will regarding the complaint can be reached to the Seller, in particular by e-mail via e-mail to the address firstname.lastname@example.org or in writing to the following address: Grójecka 27/11, 02- 030 Warsaw.
If the sold Product has a defect, the Customer may:
submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a Product free from defects or removes the defect. The reduced price should remain in such proportion to the price resulting from the contract in which the value of the Product with the defect remains to the value of the Product without a defect;
demand the replacement of the Product with a Product free from defects or the removal of the defect. The Seller is obliged to replace the defective Product with one free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer; with reservations and on the terms specified in the relevant provisions of the Civil Code.
The Customer may, instead of the removal of the defect proposed by the Seller, request the replacement of the Product with a product free from defects, or instead of replacing the Product, demand that the defect be removed, unless it is impossible to bring the Product into compliance with the contract in a manner chosen by the Customer or would require excessive costs compared to by the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects is taken into account, as well as the type and significance of the defect found, and the inconvenience to which the Customer would otherwise be exposed.
The customer cannot withdraw from the contract if the defect is irrelevant.
If a guarantee has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.
A correctly submitted complaint should contain the following data:
Customer data (name, surname, address, e-mail address, correspondence address);
the date of purchase of the Product, the type of the Product complained about;
a detailed description of the defect and the date of its finding, the Customer’s request, as well as the Customer’s preferred method of informing about the method of considering the complaint.
Along with the submission of the complaint, the Seller must provide the proof of purchase of the Product. This can be, for example, a copy of a receipt or a copy of an invoice, a printout from a payment card or other proof.
In the event of any deficiencies in the submitted complaint, the Seller will ask the Customer to supplement them in accordance with the address details provided in the complaint.
The customer who exercises the rights under the warranty is obliged to deliver the defective Product to the following address: Grójecka 27/11, 02-030 Warsaw. In the case of a Customer who is a Consumer or an Entrepreneur-Consumer, the cost of delivering the Product is borne by the Seller, in the case of a Customer who is not a Consumer, the cost of delivery is borne by the Customer.
The Seller, within 14 days from the date of receipt of the complaint from the Consumer, will inform him of his position regarding the legitimacy of the claim.
The customer should collect the advertised Product immediately after informing him about the examination of his application and delivering it to the address indicated by the customer. If the Product is not collected, the Seller will call the Customer in writing or otherwise personally agreed with him to collect the Product within 14 days from the date of receipt of such request.
Returns are allowed only in the case of an unused Product (without any signs of use) and originally packed, if the Product was in the packaging.
If it turns out that the returned Product shows signs of use, the return will not be accepted and the Product will be sent back to the Customer at his expense.
Any damage caused during delivery should be immediately reported to an employee of the courier company and immediately notified about this fact online store wikilim.com
The condition for considering the complaint is drawing up a complaint protocol in the presence of an employee of the company delivering the parcel, which is the basis for the complaint procedure – this procedure will be carried out by the Seller on behalf of the Buyer. After a positive consideration of the submitted complaint, the product covered by it will be replaced with another, free from defects. If it is impossible (for example due to the fact that stocks of this Product are exhausted), the Store will refund the Buyer the equivalent of the Product price or will offer other available Products to choose from. The damage report should be provided by the courier. Failure to report the damage may result in the complaint not being examined, and thus the possible failure to pay the compensation.
III. Out-of-court ways of dealing with complaints and redress
Detailed information on the possibility for the Customer who is a Consumer or Entrepreneur-Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.phporaz http://www.uokik.gov.pl/wazne_adresy.php.
There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: email@example.com or a written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is inter alia, providing assistance to consumers in matters relating to out-of-court resolution of consumer disputes.
The Consumer or the Entrepreneur-Consumer has the following exemplary possibilities of using out-of-court complaint and redress procedures:
is entitled to apply to a permanent amicable consumer court, referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Consumer and the Seller.
may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
The register of entities competent to conduct the proceedings is kept by the President of the Office of Competition and Consumer Protection and is available on the website of the Office of Competition and Consumer Protection.
The consumer may also use the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform available at: http://ec.europa.eu/consumers/odr/). The ODR platform is an interactive and multilingual website on which the consumer and the entrepreneur have access to comprehensive services regarding the out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.