Returns and complaints

Returns and complaints

Liability under warranty and guarantee in sales involving CONSUMER and INDIVIDUAL ENTERPRISE.

Regarding complaints and product returns, please send an email to biuro@ecopicnic.pl

1. The SELLER is obliged to deliver the PRODUCT that is the subject of the contract - without defects.
2. The seller is liable under warranty for physical defects that existed at the time the danger passed to the buyer or arose from a cause inherent in the sold thing at the same time - for a period of 2 years.
3. The SELLER informs that in the case of PRODUCTS also covered by warranty, the rights of the buyer and the obligations of the guarantor on this account are defined and should be exercised in accordance with the terms and conditions contained in the WARRANTY CARD. The GUARANTEE granted for the sold PRODUCT is an additional entitlement and does not exclude, limit or suspend the CONSUMER's rights under the Vendor's liability under the warranty provisions for defects of the sold thing (Article 577 of the Civil Code).
4. The Vendor is exempt from liability under the warranty if the CONSUMER knew of the defect at the time of the conclusion of the contract.
5. If a defect or non-conformity of the delivered PRODUCT with the contract is found, the CONSUMER has the right to file a complaint.
6. In order to report a complaint, we recommend that the CONSUMER fill out a complaint report (complaint report ), or in another form describe the grounds for the complaint and the demands for removal of defects, and send the report electronically (e-mail) or by mail to the SELLER's mailing address specified in the header. Notification may also be made by telephone or verbally.
7. Defective PRODUCT - in agreement with the SELLER - if it is possible and expedient - the CONSUMER who exercises warranty rights shall be obliged to deliver the thing at the SELLER's expense to the place specified in the contract of sale, and if such place is not specified in the contract - to the place where the thing was delivered to the CONSUMER. If, due to the nature of the thing or the manner of its installation, delivery of the thing by the CUSTOMER would be excessively difficult, the CUSTOMER shall be obliged to make the thing available to the SELLER at the place where the thing is located.
8. If the sold thing has a defect, the CUSTOMER may make a statement with a request to reduce the price or withdraw from the contract, unless the SELLER immediately and without excessive inconvenience for the buyer replaces the defective thing with a defect-free one or removes the defect. This limitation shall not apply if the thing has already been replaced or repaired by the SELLER, or the SELLER has failed to comply with the obligation to replace the thing with a defect-free one or to remove the defect.
9. If the buyer is a CONSUMER, he may, instead of the removal of the defect proposed by the seller, demand the replacement of the item with a defect-free item or, instead of replacing the item, demand the removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs in comparison with the manner proposed by the seller. In assessing the excessiveness of the costs, the value of the defect-free item, the nature and significance of the defect found shall be taken into account, as well as the inconvenience to which other means of satisfaction would expose the buyer.
10. The reduced price should remain in such proportion to the contract price as the value of the thing with the defect remains to the value of the thing without the defect.
11. The buyer may not withdraw from the contract if the defect is insignificant.
12. If the sold thing has a defect, the buyer may demand that the thing be replaced with a defect-free one or that the defect be removed. The SELLER shall replace the defective thing with a defect-free one or remove the defect within a reasonable time without undue inconvenience for the buyer. The seller may refuse to satisfy the buyer's request if bringing the defective thing into conformity with the contract in the manner chosen by the buyer is impossible or in comparison with the other possible way of bringing it into conformity with the contract would require excessive costs. If the buyer is an entrepreneur, the seller may also refuse to replace the thing with a defect-free item or remove the defect if the cost of satisfying this obligation exceeds the price of the sold thing.
13. The SELLER shall consider the complaint without undue delay. No later than within 14 calendar days from the date of receipt of the complaint, and will inform the CONSUMER in writing or electronically about the status of the complaint within that time. Leaving the complaint unanswered within this time is equivalent to acknowledging the complaint.
14. Upon acceptance of the complaint, the SELLER shall reimburse the CONSUMER for the costs related to the complaint and incurred by the CONSUMER. The SELLER shall transfer the amount due to the CONSUMER to the bank account or by postal order.
15. If the acceptance of the complaint is related to the repair or replacement of the goods - the SELLER will send the product to the CONSUMER at his own expense.
16. The provisions on the consumer contained in this section shall apply to an individual who enters into a contract directly related to his business activity - an individual entrepreneur, when it is clear from the content of this contract that it does not have a professional character for this person, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

 

 

 

Complaints and withdrawal from the contract (returns) in relations with CUSTOMERS who are not CONSUMERS (applies to entrepreneurs).

 

1. This section of the Terms and Conditions shall apply only in relations with Buyers who are not CONSUMERS.
2. Upon receipt of the shipment with the ordered products, the non-consumer Customer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that there was a loss or damage to the Product during transportation, he is obliged to perform all actions necessary to determine the carrier's liability.
3. The Seller's liability to the non-consumer Customer, regardless of its legal basis, is limited - both as a single claim and for all claims in the aggregate - to the amount of the price paid and the cost of delivery under the concluded contract. The Seller shall be liable to the non-consumer Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the non-consumer Customer.
4. Any disputes arising between the Seller/Service Provider and a Customer who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller.
5. Regulations on the principles of warranty for defects and quality guarantee - not mentioned above - in contracts with entrepreneurs are adopted directly in the wording adopted in the Civil Code art.556-581.

 

 

The right to withdraw from the contract (RETURN OF GOODS) in the case of distance sales involving CONSUMER and INDIVIDUAL.

 

1. In accordance with Article 27 of the Law on Consumer Rights (Journal of Laws 2014, item. 827) CONSUMER concluding a "contract at a distance" - has the right to withdraw from the contract without giving any reason - within 14 calendar days from the date of taking possession of the PRODUCT (if the product consists of many things that are delivered separately, in batches or in parts the term starts from taking possession of the last thing, batch or part, if the contract consists of regular delivery of Products for a specified period of time - from taking possession of the first of the Products - or in the case of services or a contract of a different nature - 14 days from the date of conclusion of the contract, however, if the buyer is a CONSUMER, the delivery of the sold thing to the buyer shall be deemed to be its entrustment by the SELLER to the carrier when the SELLER did not influence the choice of the carrier by the buyer. In the event of withdrawal from the contract, the CONSUMER shall be entitled to a refund of the costs incurred. If, at the time of concluding the contract, the CONSUMER chose a method of delivery of the item other than cheapest ordinary way offered by the SELLER - the SELLER shall not be obliged to reimburse the CONSUMER for the additional costs incurred by the CONSUMER in excess of the cheapest way. The condition for meeting the deadline is to submit a statement of withdrawal from the contract to the SELLER at that time. A statement sent electronically is also valid - you can use a ready-made form (Statement of withdrawal from the contract.doc.). If the declaration is submitted electronically, the SELLER shall immediately send the CONSUMER a confirmation of receipt of the declaration of withdrawal on a durable medium.
2. After sending the statement, the CONSUMER is obliged within 14 calendar days (NAME OF FILE) to send it back to the address for CORRESPONDENCE given in the SELLER's data - unless the SELLER offered to collect the PRODUCT himself. The deadline is determined by the date of mailing.
3. CONSUMER shall be liable for any diminution in the value of the thing resulting from using it in a manner other than necessary to ascertain the nature, characteristics and functioning of the thing
4. The SELLER shall, within 14 calendar days, refund the payments made by the consumer, including the costs of delivering the item from the SELLER to the CONSUMER. However, the SELLER may withhold reimbursement until it receives the returned item or the consumer provides proof of its return - whichever event occurs first. The SELLER shall 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 involve any additional costs for the CONSUMER.
5. The direct costs of returning the PRODUCT to the SELLER shall be borne by the CONSUMER (CUSTOMER).
6. The right of withdrawal from a contract concluded at a distance does not apply to the CONSUMER in the cases listed in the Appendix.
7. The SELLER does not accept shipments sent "cash on delivery". The return shipment should be properly protected against damage in transit.
8. The provisions on the consumer contained in this section shall apply to an individual who enters into a contract directly related to his business activity - an individual entrepreneur, when it is clear from the content of this contract that it does not have a professional character for this person, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.