Information for the customer regarding consumer right to withdraw from a distance contract
As a consumer, you have the right to withdraw from the contract concluded via Online Store within 14 days without providing any reason. The right to withdraw from the contract expires after 14 days from the date on which gain the possession of the item or in which a third party other than the carrier gained the possession of the item. To exercise your right of withdrawal from the contract, you must inform us about your decision to withdraw from this contract by an issuing a clear declaration (for example, a letter sent by post or an email).
You can send the declaration, in the following way:
- via letter sent to the following address:TEKTON Rafał Trzaska, ul. Ks. Warcisława I 24a/6, 71-667 Szczecin;
- via sending an email to the following e-mail address: info@femibelly.pl;
An example form used to withdraw from the contract in DOCX and An example form used to withdraw from the contract in PDF. You can use the that form, however it is not mandatory.
To meet the withdrawal deadline, just inform us that you wish to exercise of your right to withdraw from the contract before the said deadline.
In the event of withdrawal from this contract, we shall refund all payments received from you, including delivery costs (except for additional costs resulting from the chosen delivery method other than the cheapest method of delivery in our offer), and in any case no later than within 14 days from the date on which we received information about your decision to exercise your withdrawal from the contract.
The refund will be issued via the same method that you used in your original transaction, unless you have explicitly agreed otherwise. In any case, you will not incur any fees in regards to such refund. We may withhold the refund until we receive the item or until you provide proof that you have resend the item, depending on which occurs first.
If you have received the item, please resend it promptly to us at: ul. Ks. Warcisława I 24a / 6, 71-667 Szczecin no later than within 14 days from the date on which you informed us about your withdrawal from this contract. The deadline is met if you resend the item within the said 14 days. You will need to cover the direct costs related to returning of the item. You are only responsible for the loss of value of the item resulting from the its use in a different way than it was necessary to establish the nature, features and functions of the item.
Product complaint
Dear Customer,
We respect your rights, including the right to lodge a complaint. Below, we provide details regarding our liability for any defective product that we may sell and your rights regarding complaints on the statutory basis – due to the warranty.
Note! Remember that if a warranty comes with the item, you can also file a complaint on its basis. However, in such case, the addressee will be the guarantor indicated in the guarantee. The guarantee also defines the scope of your rights. Exercising the rights under the warranty does not affect our liability under the warranty and, unless it states otherwise, it does not limit or suspend your rights under the provisions of the warranty for defects in the item.
The basis and scope of our liability for a defective product under the warranty is determined by the generally applicable provisions of law, in particular the provisions of the Civil Code.
We are obligated to deliver goods without defects. We are responsible for the physical defect of the product under the warranty if it is found within the period of two years from the date of its delivery to the purchaser. Note! We are responsible for physical defects, under the warranty, that existed at the time the risk was transferred to the buyer or resulted from a faulty part of the item that was sold at the same time.
A complaint can be submitted in the following manner:
- in writing to the following address: TEKTON Rafał Trzaska, ul. Ks. Warcisława I 24a / 6, 71-667 Szczecin;
- in an electronic form via e-mail by contacting us at: info@femibelly.pl;
The description should contain the following: (1) information and circumstances regarding the item of complaint, in particular date on which the defect was found and its nature; (2) a request to bring the product into compliance which the sales contract or a statement regarding a reduced price or withdrawal from the sales contract; and (3) contact details – this will facilitate and speed up processing of your complaint. Please remember that the contents of the previous sentence constitute only a recommendation and will not influence the effectiveness of your complaint in a negative way if the recommended description is not provided.
When submitting your complaint, you can use our complaint form in DOCX or complaint form in PDF, however, it is not required.
Basic rights of the purchaser in relation to complaint |
|---|
| For any purchase made after 25 December 2014 |
| In this case, the rights are equal, which means that you have the option of using both the first and the second group of rights:
1) Group: price reduction / refund If the product sold is defective, you can submit a request for price reduction or withdrawal from the contract, unless we immediately and without undue inconvenience to you, replace the defective Product with a defect-free one or remove the defect. Note! This limitation does not apply if the product has already been replaced or repaired by us, or if we have not fulfilled the obligation to replace or repair the product which was free from defects. If the Customer is a consumer, instead of exercising the solution proposed by us in accordance with the provisions above, may request to replace the product with one what is free from any defects, or instead of replacing the product, demand the defect to be removed, unless it is impossible to bring the product into compliance with the sales contract or the costs of such removal are excessive in comparison to the method we proposed. Note! The customer cannot withdraw from the contract if the defect is minor. 2) Group: repair/replacement If the product sold is defective, you can request it to be replaced with a product that is free from defects or you can request the defect to be removed. However, we may refuse to comply with your request if it is impossible to bring the defective product into compliance with the contract in the manner you have chosen or if such action requires excessive costs in comparison to the second possible solution of bringing the product into compliance with the contract. |
Remember that the customer who exercises the rights under the warranty is obliged to deliver the defective product at our expense to: TEKTON Rafał Trzaska, ul. Ks. Warcisława I 24a / 6, 71-667 Szczecin. If, however, due to the type of product or the method of its installation, its delivery would be significantly difficult, the customer is obligated to provide us with the product in the place where it is located.
We will respond to your complaint as soon as possible, no later than within 14 calendar days from the date of its submission. Note! Any lack of response in the period mentioned above means that we consider the complaint to be justified.
The Consumer is entitled to an extrajudicial resolution of disputes. Detailed information regarding the options of the Customer being a consumer to deal with complaints and pursue claims out-of-court and the rules regarding access to such procedures are available on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
The consumer can also contact the helpdesk of the Office of Competition and Consumer Protection (telephone number: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warszawa.), which should provide consumers with help in regards to matters related to extrajudicial resolution of consumer disputes.
The consumer is entitled to the following out-of-court solutions for complaint and pursuing their claims: (1) a request for resolution of a dispute to an amicable consumer court (more information on the website: http://www.spsk.wiih.org.pl/); (2) a request for an extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector applicable to the place of the economic activity of the Seller); and (3) help from a municipal consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided via e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (call centre on Business Days between 8:00 and 6:00 pm, call fee according to the operator’s tariff).
An internet platform is available at http://ec.europa.eu/consumers/odr which can be used to resolve disputes between consumers and entrepreneurs at the union level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a service contract (more information can be found on the website or on the website of the Office of Competition and Consumer Protection): https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
Other complaints
You can submit your complaint in regards to the electronic services provided by our online store (np. The account or the order form) and other complaints related to the our online store.
The description of the complaint should contain: (1) information and circumstances regarding the subject of the complaint, in particular the date on which the irregularity occurred and its nature; (2) your request; and (3) contact details – this will facilitate and speed up processing of your complaint. Please remember that the contents of the previous sentence constitute only a recommendation and will not influence the effectiveness of your complaint in a negative way if the recommended description is not provided.