Returns and complaint
WITHDRAWAL FROM THE CONTRACT
- Customer who is a consumer may, without giving any reason, withdraw from the contract within 14 days from taking possession of Goods by Customer or a third party designated by them, other than the carrier, by submitting to the Store owner a declaration of withdrawal from the contract in accordance with Article 27 of the Consumer Rights Act of May 30th, 2014. To meet this deadline, it is sufficient to send a statement before its expiry. Customer may submit a declaration using the model withdrawal form from INTERNET.
- In the event of withdrawal from the contract in the manner specified in clause 1 above, Customer shall return Goods to Online Store to the following address: PBTO Sp z o.o. ul. Stalmacha 24C, 43-430 Skoczów; no later than within 14 days from the date of the withdrawal from the contract. To meet the deadline, it is sufficient to return Goods before its expiry. Customer bears the direct costs of returning Goods to Online Store.
- Customer shall not have the right to withdraw from the contract in the cases specified in Article 38 of the Act referred above, including in relation to contracts:
a) in which the subject of the provision is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy their individual need
b) in which the subject of the provision is an item that deteriorates quickly or has a short shelf life
c) in which the subject of the provision is an item delivered in a sealed package, which cannot be returned after opening the package for health protection or hygiene reasons, if the package is opened after delivery
d) in which the subject of the provision are items that after delivery, due to their nature, remain permanently combined with other things.
- Customer shall be liable for a decrease in the value of Goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of these Goods.
- In the event of withdrawal from the contract in the manner specified above, PBTO Sp z o.o. shall be obliged to immediately, no later than within 14 days from the date of receipt of Customer's declaration of withdrawal from the contract, return to the Customer all payments made by them EXCEPT FOR THE COSTS OF DELIVERY TO THE COMPANY'S ADDRESS.
- PBTO Sp z o.o. shall refund the payment using the same method of payment as used by Customer, unless Customer has expressly agreed to a different method of refund, which does not involve any costs for them. Should it be necessary to return funds for a transaction made by Customer with a payment card, the seller will refund to the bank account assigned to the payment card of the Ordering Party.
- PBTO Sp z o.o. may withhold the refund of payments received from Customer until the item is returned or Customer provides proof of its return, whatever occurs first.
- The store owner undertakes to deliver to Customer Goods which are free from defects.
- The store owner shall be liable vis-à-vis Customer if the item sold has a physical or legal defect, on the terms set out in the provisions of the Act of April 23rd, 1964, the Civil Code.
- Complaints related to the non-compliance of Goods with the contract may be submitted in person or in writing to the address of PBTO Sp z o.o, ul. Stanisława Wyspiańskiego 13, 43-400 Cieszyn.
- The store owner shall examine and address the complaint submitted by Customer immediately, no later than within 14 days from the date of lodging the complaint.
- Customer who is a consumer may apply extrajudicial means of dealing with complaints and redress. In particular, the Customer may submit a request to initiate mediation proceedings to the Province Inspector of Trade Inspection [Pol. ‘Wojewódzki Inspektor Inspekcji Handlowej’] or apply to the Permanent Consumer Arbitration Court [Pol. ‘Stały Polubowny Sąd Konsumencki’] operating at the Provincial Inspector of Trade Inspection with a request to resolve the dispute. The consent of both parties is required to use out-of-court complaint and redress procedures.
- Customer who is a consumer may take advantage of assistance in resolving a dispute with the seller and obtain free legal advice or information from the county [Pol ‘ powiat’] consumer ombudsman or a social organization whose statutory tasks include consumer protection, including the Association of Polish Consumers, Federation of Consumers [Pol. ‘Stowarzyszenie Konsumentów Polskich, Federacji Konsumentów’]
- Customer who is a consumer purchasing Goods may also apply the out-of-court method of dispute resolution and redress in the form of the ODR (Online Dispute Resolution) interactive platform, pursuant to the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of May 21st, 2013 in on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC.
INSTRUCTION WITH RESPECT TO WITHDRAWAL FROM THE CONTRACT
The right to withdraw from the contract
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of Goods. To exercise the right to withdraw from the contract, you must inform the store owner, i.e. PBTO Sp z o.o. seated in Cieszyn 43-400 at No. 13 Stanisława Wyspiańskiego Street, e-mail: firstname.lastname@example.org. You can use the model withdrawal form, but it is not obligatory. In order to keep the deadline for withdrawing from the contract, it is sufficient to send information regarding the exercise of your right to withdraw from the contract before the deadline for withdrawing from the contract.
Consequences of withdrawal from the contract
In the event of withdrawal from this contract, we shall refund all payments received from you except for the cost of delivery to the address of the store owner, no later than 14 days from the date on which the shipment with the returned Goods is delivered to the address of the store owner. We shall refund the payment using the same payment method that you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this refund.
You are only liable for a reduction of the value of the item resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the item.