Terms of withdrawal from the contract
In accordance with the Regulations of the aproxpolska.com Online Store, the customer has the right to withdraw from the contract, submit a complaint, as follows:
§ 10. The right to withdraw from the contract
- The consumer may withdraw from the Sales Agreement within 14 (fourteen) calendar days without giving any reason and without incurring costs, except for the costs specified in paragraph 7 letter d below.
- The running of the time limit specified in sec. 1 begins from the date of delivery of the Product to the Consumer or a person designated by him, other than the carrier. In the case of an Agreement that includes many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, batch or part.
- The withdrawal from the contract takes place by submitting a written declaration of withdrawal from the contract by the Consumer to the Seller. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send a statement before the expiry of this period.
- The declaration of withdrawal from the contract may be sent by traditional mail or by e-mail by sending a statement to the Seller's e-mail address or by submitting a statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on the form, which the template is attached as Appendix 1 to these Regulations and an attachment to the Act of May 30, 2014 on consumer rights, but it is not obligatory.
- If the Consumer sends the declaration by e-mail, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement.
- The right to withdraw from the Agreement is not entitled to the Consumer in relation to the agreement (pursuant to Article 38 of the Act of 30/05/2014 on consumer rights):
a. 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;
b. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
c. 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;
d. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
- Consequences of withdrawal from the Agreement:
a. The contract is considered void.
b. The consumer is obliged to return the Product in a condition not exceeding the necessary to establish the nature of the Product, as well as its features and functioning, to the Seller's address provided in these Regulations, immediately, no later than 14 days from the date on which he informed the Seller about the withdrawal from the Agreement. . The deadline will be met if the Consumer sends back the Product before the expiry of the 14-day period.
c. The Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, except for the additional costs referred to in point d below.
d. The direct cost of returning the product as a result of withdrawal is borne by the Consumer. Moreover, if the Consumer has chosen a method of delivery other than the cheapest, ordinary method of delivery offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by the Consumer.
e. The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for him.
f. The Seller may withhold the reimbursement until the Product is received back or until proof of its return is provided to him, whichever occurs first.
g. The consumer is only responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of 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 Online Store.
§ 11. Complaint and warranty
- The products in the Seller's offer are free from physical and legal defects and legally placed on the Polish market. The Sales Agreement covers new Products, unless it is clearly stated otherwise in the Product description in the Store.
- The seller is obliged to provide the customer with an item free from defects.
- In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on the warranty for defects contained in the Civil Code. If the Client is an Entrepreneur, the parties exclude liability under the warranty.
- Complaints should be submitted in writing or electronically to the addresses of the Seller provided in these Regulations.
- It is recommended to include in the complaint, inter alia, a brief description of the defect, the circumstances (including the date) of its occurrence, data of the Customer submitting the complaint, and the Customer's request in connection with the defect of the Goods.
- The Seller will respond to the complaint immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer's request was considered justified.
- Goods returned as part of the complaint procedure should be sent together with the proof of purchase to the address provided in § 3 of these Regulations.
- 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. The seller will also attach a warranty card to the sold Product. As a rule, the Seller provides a guarantee for coffee machines and grinders. The warranty period is 12 months from the delivery of the Goods - in the case of Entrepreneurs and 24 months from the delivery of the Goods - in the case of Consumers.
- Damage and non-compliance in operation of the device resulting from:
b. maintenance inconsistent with the instructions (including failures caused by limescale in the device),
c. operation inconsistent with the instructions,
d. any unauthorized changes to the design of the device.
§ 12. Out-of-court ways of dealing with complaints and redress
- Detailed information on the possibility for the 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, Voivodeship Inspectorates of Inspection Handlowa 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.php and http://www.uokik.gov.pl/wazne_adresy.php.
- The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
a. The consumer 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.
b. The consumer is entitled to apply to the provincial inspector of the Trade Inspection, pursuant to Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
c. The consumer may obtain free assistance in resolving the 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) .