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RETURNS AND COMPLAINTS

 

  1. The Customer who is a Consumer who has concluded a Sales Agreement with the Seller using the Store, has the right to withdraw from the Sales Agreement without giving any reasons and without incurring costs, except for the costs referred to in paragraph 4 and 8 within 14 days. Instructions on the right to withdraw from the contract, containing in particular information on the method and time limit for exercising the right to withdraw from the contract and the cost of returning the goods in the event of withdrawal from the contract, incurred by the Consumer are included in Annex 2 to these Regulations. The deadline to withdraw from the contract begins:
  2. for a contract in the performance of which the Seller issues an item, being obliged to transfer its ownership – from taking possession of the item by the Consumer or a third party indicated by the Consumer other than the carrier ;for a contract that covers many items that are delivered separately, in batches or in parts – from taking possession of the last thing, batch or part, for a contract that involves the regular delivery of goods for a limited period of time – from taking possession of the first item, or other contracts – from the date of the contract.
  3. The consumer may withdraw from the contract by submitting a declaration of withdrawal to the Seller. A statement of withdrawal may be submitted on the form, a specimen of which is attached as Annex 1 to these Regulations. To meet the deadline to withdraw from the contract referred to in point 1, it is enough to send the statement before its expiry to the address of the Seller’s registered office or to the electronic address: kontakt@fuerta.pl. The Seller shall inform the Consumer about receipt of the statement on withdrawal from the contract.
  4. In the event of withdrawal from the contract referred to in paragraph 1., the contract is considered void. If the Consumer submitted a statement of withdrawal before the Seller accepted his offer, the offer ceases to be binding. The consumer is obliged to return the goods to the Seller or hand them over to a person authorized by the Seller to collect immediately, but not later than 14 days from the day on which he withdrew from the contract, unless the Seller has offered to collect the goods himself. To meet the deadline, it is enough to return the items before its expiry. In the event of withdrawal from the contract, the Buyer who is a Consumer covers the direct costs of returning the item.
  5. The seller is obliged to immediately, not later than within 14 days from the date of receipt of the consumer’s statement on withdrawal from the contract, refund the cost of products to the consumer. Seller will not refund shipping costs incurred by the consumer
  6. The Seller 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 that does not involve any costs for him.
  7. The Seller reserves the right to suspend the reimbursement of payments in the event of withdrawal of the Consumer from the contract until receipt of the item back or delivery by the Consumer of proof of sending it back, depending on which event occurs first.
  8. If the Consumer has chosen a method of delivery other than the cheapest usual delivery method offered by the Seller, the Seller is obliged to pay the Consumer, apart from the equivalent of the price of the goods, only the costs associated with the cheapest method of delivery.
  9. The Seller indicates that the right to withdraw from a distance contract is not entitled to the Consumer in the situations described in art. 38 of the Act of 30 April 2014 on consumer rights, in particular in relation to contracts:
  10. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance of the service by the entrepreneur will lose the right to withdraw from the contract;
  11. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
  12. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
  13. in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;
  14. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
  15. in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;
  16. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
  17. for the supply of digital content that is not stored on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after being informed by the entrepreneur about the loss of the right to withdraw from the contract.
  18. Products made or modified at the individual request of the consumer are not refundable. Discounted products are refundable to the gift card of the equivalent of purchases made. The gift card is valid for 90 days from the date of purchase of the goods.
  19. The Seller reserves that he does not collect parcels sent to him on delivery and is not responsible for the costs associated with such shipments.

 

COMPLAINTS PROCEDURE

 
  1. The seller is liable to the customer if the sold product has a physical or legal defect (warranty). A physical disadvantage is the non-compliance of the delivered goods with the contract. The Seller is liable under the warranty if a physical defect is found by the Customer within two years from the date of delivery of the goods by the Seller.
  2. Complaints may be submitted in person at the Seller’s headquarters, in writing to the Seller’s correspondence address: ul. Kościuszki 1A / 2, 44-100 Gliwice, by e-mail to the following address: kontakt@fuerta.pl. It is recommended that complaints be submitted in writing.
  3. When complaining about the purchased goods, the Customer is required to provide proof of purchase or a copy of the goods and to indicate information and circumstances regarding the subject of the complaint, in particular the type and date of the defect, requesting how to bring the goods into compliance with the contract and the customer’s contact details.
  4. The customer who exercises the rights under the warranty is obliged to return the defective goods to the Seller at his expense. If, due to the type of goods or the way they were installed, delivery by the Customer would be difficult, the Customer is obliged to make the goods available to the Seller at the place where he is.
  5. Within 14 calendar days, the Seller will respond to the Customer’s complaint and inform him about the acceptance or rejection of the complaint and the further course of action.
  6. If the complaint submitted by the Customer is considered in favor of the Customer, the Seller shall immediately replace the defective product with a product free of defects or immediately remove the defect and send it back at its own expense. If it is not possible to exchange the goods, remove the defect of the goods or reduce its price, the Seller shall return the amount immediately, but not later than within 7 days.
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