Complaints and returns

A fragment of the purchase regulations

§8  WITHDRAWAL FROM THE CONTRACT

1. A Buyer who is a consumer within the meaning of the Civil Code Act (Journal of Laws No. 16, item 93, as amended), may withdraw from the concluded contract within 14 days without giving any reason.
2. For the effective withdrawal from the contract referred to in point 1 of this section, it is sufficient for the Buyer to submit a written statement by post, within the statutory 14-day period from the moment of receiving the parcel. You can download the declaration template here.
3. The deadline for withdrawal from the Sales Agreement starts from the moment the ordered goods are taken over by the Buyer.
4. The declaration of withdrawal from the contract may be sent by post to the address of the Seller. Using the form is not obligatory, the form is only a convenience for the consumer.
5. To meet the deadline, it is sufficient for the Buyer to send the Seller a declaration of withdrawal from the contract before its expiry.
6. The Seller shall immediately, not later than within 7 days, confirm to the Buyer the receipt of the Buyer’s withdrawal from the contract.
7. In the event of withdrawal from the Sales Agreement, it is considered void.
8. In the event of withdrawal from the contract, the Seller is obliged to immediately, not later than within 14 days from the date of receipt of the Buyer’s statement on withdrawal from the Contract of Sale, return to the consumer all payments made by him, including the costs of delivering the goods.
9. If the consumer has chosen a delivery method other than the cheapest standard delivery method offered by the entrepreneur, the entrepreneur is not obliged to reimburse the consumer for additional costs incurred by him.
10. The consumer is obliged to return the item to the entrepreneur or hand it over to a person authorized by the entrepreneur to receive it immediately, but not later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry.
11. The consumer bears the direct costs of returning the goods.
12. Due to the size and weight of the goods offered by Warzywniki, in the event of withdrawal from the contract, returning the goods may involve higher costs than ordinary postal delivery.
13. The entrepreneur shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him.
14. The entrepreneur may withhold the reimbursement of payments received from the consumer until the goods are returned or the consumer has provided proof of their return, depending on which event occurs first.
15. The consumer is liable for a decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
16. The goods should be returned to the Seller’s address: STYROBUD-GÓRNO Radomski Piotr in Górno, ul. Pańska 79, 36-051 Górno
17. The Buyer is not entitled to withdraw from the Agreement in relation to contracts:
    a) for the provision of services, if the Seller has fully performed the service with the express consent of the Buyer, who was informed prior to the commencement of the provision that after the Seller has performed the service, he will lose the right to withdraw from the contract;
    b) in which the subject of the service is a non-prefabricated item, manufactured according to the Buyer’s specifications or serving to satisfy his individual needs;
    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;

§9  WARRANTY FOR DEFECTS

1. The Seller is liable to the Buyer if the item sold has a physical or legal defect.
2. A physical defect consists in the non-compliance of the item sold with the contract. In particular, the item sold is inconsistent with the contract if:
   a) has no properties that this kind of thing should have due to the purpose specified in the contract or resulting from circumstances or destination;
   b) does not have properties that the seller has assured the buyer of their existence, including by presenting a sample or design;
   c) it is not suitable for the purpose of which the buyer informed the seller when concluding the contract, and the seller did not raise any objections to such use;
   d) was delivered to the buyer incomplete.
3. The Seller’s liability and the Buyer’s rights under the warranty are specified in the Act of 23 April 1964, the Civil Code (uniform version: Journal of Laws of 2014, item 121) as amended by the provisions of the Act of 30 May 2014 on consumer (Journal of Laws of 2014, item 827).
4. The Seller is released under the warranty if the Buyer knew about the defect at the time of concluding the contract.
5. If the sold product has a defect, the Buyer may request a price reduction or withdraw from the contract, unless the Seller immediately and without undue inconvenience to the Buyer replaces the goods with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace or remove the defects, the Buyer may request a price reduction or withdraw from the contract.
6. The Buyer who is a Consumer within the meaning of Art. 221 of the Civil Code may, instead of the removal of the defect proposed by the Seller, demand 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 the manner chosen by the Buyer or would require excessive costs compared to the method proposed by the Seller.
7. The Buyer may not withdraw from the contract if the defect is irrelevant.
8. The Seller is liable for physical defects of the product if the defect is found within two years from the date of delivery of the goods to the Buyer.
9. Complaints under the warranty for physical defects may be submitted by post, by e-mail or in person at a stationary store.
10. The Seller undertakes to consider the complaint within 14 days from the date of its submission.
11. The Seller considers the complaint in accordance with applicable law.

§10 WARRANTY

1. The entity granting the guarantee is STYROBUD-GÓRNO Radomski Piotr in Górno, 36-051 Górno, ul. Pańska 79, NIP: 5170271315, REGON: 180568519.
2. The Seller is obliged to remove the defects of the product disclosed within the warranty period, resulting from reasons attributable to the Seller due to reasons arising in the production or construction process or for reasons inherent in the material used for production and other cases specified in these Regulations.
3. The Seller provides a guarantee for a period of 24 months.
4. The warranty period starts on the day the product is purchased by the Buyer.
5. The Seller is not responsible for any damage caused to the product collected by the Buyer with his own transport.
6. Goods received without reservations are considered free from visible defects.
7. The guarantee is valid on the territory of the Republic of Poland.
8. The guarantee granted to the Buyer does not exclude, limit or suspend the Buyer’s rights under the Civil Code, the Consumer Rights Act and other generally applicable laws applicable to the sales contract.
9. Regardless of the rights resulting from the Guarantee, the Buyer may exercise the rights under the warranty for physical defects of things.
10. The Seller is released from liability under the warranty if the Buyer knew about the defect of the product at the time of purchase.

§11 IMPLEMENTATION OF THE WARRANTY

1. The condition for exercising the warranty rights is the presentation by the Buyer of a proof of purchase of the product (invoice / bill / receipt).
2. In the event of discovering defects of the purchased products, the Buyer is obliged to refrain from installing them, inform the Seller immediately, protect the goods against damage and submit a written complaint.
3. If the Buyer has installed products with previously identified defects, the Seller shall not bear the costs related to the disassembly and reassembly of defect-free products.
4. In the event of finding a product defect, the Buyer is obliged to immediately, not later than within 7 days from the date of detection, submit a written complaint to the Seller.
5. By submitting a written complaint, it should be understood as submitting it in electronic form, by e-mail or in writing to the Seller’s address indicated in §1 sec. 1 of the Regulations.
6. The Buyer is obliged to provide access to the advertised product at the place of its installation or storage in order to enable its inspection, expertise, confirmation of the defect and determination of the method of its removal.
7. The Seller may ask the Buyer to photograph the product and send photos of the advertised goods to the Seller’s e-mail address indicated in §1 sec. 1 of the Regulations.
8. The Seller or his representative, not later than on the date referred to in § 9 sec. 1, which enables the examination of the causes of defects or the occurrence of damage, will inform the person concerned about considering the complaint.
9. If the complaint is considered justified, the conditions for its removal will be determined by mutual agreement in writing.
10. The method and scope of removal of defects in an accepted complaint may include in particular:
    a) repairing the product,
    b) delivering a product free from defects,
    c) delivering defective elements of the product, elements free from defects, to the place of the product,
    d) reimbursement of the paid price of the defective product,
    e) another method of removing defects in a manner agreed with the Buyer.
11. If the replacement or repair of the product is impossible or involves significant costs, and the defect of the product is irrelevant, the Seller may reduce the price of the product accordingly.
12. If it is not possible to replace the product due to the end of its production, the Seller shall be entitled to deliver a replacement product of the same type with similar technical parameters.

§12 RIGHTS AND OBLIGATIONS OF THE GUARANTOR

1. The Seller is obliged to respond to the complaint within 30 days from the date of its notification, made in accordance with these provisions.
2. The reply to the complaint is sent to the e-mail address assigned to the Buyer from which the complaint was submitted or by registered mail with confirmation of receipt to the address indicated by the Buyer.

3.If the complaint is accepted, the defects will be removed in time to determine the causes and order and delivery of the necessary elements for the repair of the claimed product, but not later than on the following date:

a.30 days from the date of accepting the complaint, if the removal of defects does not consist in the replacement of the product,

1. 60 days from the date of acceptance of the complaint, if the Seller decides to replace the product with a product free from defects.
2. In the event of factors beyond the control of the Seller, preventing the performance of warranty obligations within the time limit consistent with the provisions of this section, the time limit for removing defects may be extended. In this situation, the date will be agreed individually.
3. In any case, the Seller may release itself from the obligations under the Guarantee by paying the Buyer an amount equal to the price paid by the Buyer for the defective product. In this case, the defective product is returned to the Seller.
4. If the Seller accepts the complaint and exchanges the products, the defective products become their property after the exchange.

§13 DEFECTS NOT COVERED BY THE WARRANTY

1. The warranty does not cover defects and damage to the product resulting from:
   a) improperly performed transport of the product,
   b) improper storage or storage of the product,
   c) improper installation of the purchased product, inconsistent with the rules of building art,
   d) use of inappropriate machines or devices for assembly of products,
   e) use of inappropriate materials for mounting the products,
   f) improper use of products, inconsistent with their intended use and properties,
   g) natural disasters and other unforeseeable accidents, damages caused by riots, terrorist and war activities,
   h) wear of components / product as a result of their normal use,
   i) other circumstances for which the Seller is not responsible