The basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, including the Civil Code (in particular the provisions of art. 556-576 of the Civil Code).
The Seller is obliged to provide the Customer with a defect-free Product. A complaint can be made by the Customer, for example:
In writing to the following address: Bielany 31A, 05-620 Błędów;
In electronic form to: hello@pola-snacks.pl.
It is recommended that the customer states in the description of the complaint:
Information and circumstances relating to the subject of the complaint, in particular the nature and date of the defect,
Request a method of bringing the Product into conformity with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement,
Contact details of the complainant – this will make it easier and quicker for the Seller to lodge the complaint.
The complaint requirements set out in paragraph 3 are in the form of a recommendation only and shall not affect the effectiveness of complaints made without the recommended description of the complaint.
The Seller shall respond to the Customer’s complaint immediately, but no later than within 14 calendar days of its submission. If the Customer, who is a consumer, has requested the replacement of the item or removal of the defect or has made a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it shall be deemed that the Seller has acknowledged the request as justified.
The Seller shall respond to the Customer’s complaint immediately, but no later than within 14 calendar days of its submission. If the Customer, who is a consumer, has requested the replacement of the item or removal of the defect or has made a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it shall be deemed that the Seller has acknowledged the request as justified.
The Customer who exercises warranty rights is obliged to deliver the defective Product to the address: Bielany 31A, 05-620 Błędów . In the case of a Customer who is a Consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a Consumer, the cost of delivery shall be borne by the Customer.
In accordance with the Consumer Rights Act, the Customer, who is a Consumer, may withdraw from a contract concluded remotely via the Online Shop within 14 days, without giving any reason and without incurring any costs, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller and except for the paragraph. 6.
The withdrawal period is calculated from:
In the case of a sale of goods, from the date on which the Consumer took possession of the goods or on which a third party other than the carrier and indicated by the Consumer took possession of the goods,
In the case of a contract involving the transfer of ownership of a number of items which are delivered separately, in batches or in parts, from the date on which the Consumer took possession of the last item, batch or part or on which a third party other than the carrier and indicated by the Consumer took possession of the first item.
A consumer who wishes to exercise his or her right of withdrawal should inform the seller of his or her decision by an unequivocal statement. Declarations of withdrawal from the contract should be addressed to the address: Bielany 31A, 05-620 Błędów or by e-mail to: hello@pola-snacks.pl.
When exercising the right of withdrawal, the Consumer may use the model withdrawal form attached to the Terms and Conditions as well as the statutory withdrawal form attached to the Consumer Rights Act No. 2. The template is available at: www.uokik.gov.pl/download.php?id=1216. The use of the aforementioned designs is not required to be effective.
In order to comply with the withdrawal period, it is sufficient for the consumer to send information concerning the exercise of his right of withdrawal before the expiry of the periods referred to in paragraph 2.
In the event of cancellation by the Consumer, the Seller shall be obliged to return to the Consumer all Payments received from the Consumer, including the costs of Delivery, except for the additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller. The payment shall be refunded within 14 days of receipt by the Seller of the declaration made by the Consumer of withdrawal from the contract. The Seller is obliged to refund the Payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for the Consumer. If a Payment is made from a bank/SKOK account or with a payment card, the refund of the Payment shall be made to that bank/SKOK account or to the account associated with the payment card used to make the Payment.
In the event of withdrawal from the contract, the Consumer is obliged to return the Product to the Seller, no later than within 14 days from the day on which the Consumer informed the Seller of the withdrawal from the contract. The deadline shall be deemed to have been met if the Consumer sends back the Product before the expiry of the 14-day period. The cost of returning the Product shall be borne by the Customer.
In accordance with art. 38 of the Consumer Rights Act, the right of withdrawal is not available to the Consumer in respect of contracts:
for the provision of services where the trader has supplied a service in full with the express consent of the consumer who has been informed before the performance of the service by the trader that he will lose his right of withdrawal after the trader has provided the service;
in which the price or remuneration is dependent on fluctuations in the financial market outside the trader’s control, and which may occur before the end of the withdrawal period;
where the object of the performance is a non-refabricated item produced to the consumer’s specifications or intended to meet the consumer’s individual needs;
where the object of the performance is an item that is perishable or has a short shelf life;
where the object of the performance is an item delivered in a sealed package which cannot be returned after opening for health or hygiene reasons, if the package has been opened after delivery, in particular if the package contains foodstuffs;
in which the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery;
where the object of the performance is alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the trader has no control;
in which the consumer has expressly requested the trader to come to him for the purpose of carrying out urgent repairs or maintenance; if the trader provides services in addition to those requested by the consumer or goods other than replacement parts necessarily used in carrying out the repairs or maintenance, the consumer has a right of withdrawal for the additional services or goods;
in which the subject matter of the service is sound or visual recordings or computer programs supplied in sealed packaging if the packaging is opened after delivery;
for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;
concluded by public auction;
for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of the service;
for the supply of digital content which is not recorded on a tangible medium where performance has begun with the consumer’s express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.
The provisions concerning the Consumer in this section shall apply mutatis mutandis to the Entrepreneur-Consumer in accordance with art. 38a of the Consumer Rights Act.
The Customer who is not a Consumer or Entrepreneur-Consumer is not entitled to the right of withdrawal from a contract concluded at a distance.
Appendix No. 1
WITHDRAWAL FORM
TEMPLATE
………………………………..
Place, Date
………………………………..
………………………………..
………………………………..
Consumer data
Rajpol Sp. z o.o.
Bielany 31A, 05-620 Błędów
STATEMENT ON WITHRAWAL FROM THE AGREEMENT
I, ……………………………….. hereby give notice of withdrawal from the contract of sale of the Product: ………………………………..………………………………..………………………………..………………..……
The date of the contract conclusion/ product delivery: ………………………………..
Bank account number for refund:: ………………………………..
………………………………..
Signature
Appendix No. 2
COMPLAINT FORM
TEMPLATE
………………………………..
Place, Date
………………………………..
………………………………..
………………………………..
Consumer data
Rajpol Sp. z o.o.
Bielany 31A, 05-620 Błędów
PRODUCT COMPLAINT
I, ……………………………….., hereby give notice that the Product purchased by myself: ……………………………………………………………………………………………………………………………………….
is faulty. The fault involves: ……………………………………………………………………………………
……………………………………………………………………………………………………………………….
In view of the above, I request:
– replacement of the Product with a new one*;
– repair the Product free of charge*;
– reduction in the price of the Product by the amount of ……………………………….. PLN (in words: ……………………………….. zloty), requesting that the stated amount be returned to the account*: ………………………………..
– I withdraw from the contract, requesting a refund of the Product price to the account* …………………………………
– other*: …………………… ………….. ………………………… …….. ………………………… ……..
………………………………..
Signature
* delete as appropriate