RETURN
As a consumer, you have the right to withdraw from the contract concluded in the Online Store within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the date on which you came into possession of the goods or on which a third party other than the carrier and indicated by you came into possession of the goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (for example a letter sent by post or e-mail). You can send the declaration, for example:
- in writing to the following address:
LetMeRepair Poland Sp. z o. o.
ul. Częstochowska 140
62-800 Kalisz - in electronic form via e-mail to: sklep@letmerepair.pl
A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available on the Online Store website. You can use the sample withdrawal form, but this is not obligatory.
Ready form to download - click here
In order to meet the deadline for withdrawal from the contract, it is sufficient for you to send information regarding the exercise of your right to withdraw from the contract before the deadline for withdrawal from the contract expires.
If you withdraw from this contract, we will refund to you all payments received from you, including the costs of delivering the goods (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery method offered by us), immediately and in any case no later than 14 days from the day on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods that you used in the original transaction ( unless you have expressly agreed to a different solution). In case of payment by credit card we will refund to the account associated with this card.In any case, you will not incur any fees in connection with this refund. We may withhold the refund until we receive the item or until you provide us with proof of returning it, depending on which event occurs first.
If you have received the item, please send it back or give it to us at the following address: ul. Częstochowska 140; 62-800 Kalisz, immediately, and in any case no later than 14 days from the date on which you informed us about your withdrawal from this contract. The deadline is met if you return the item before the 14-day deadline expires. You will have to bear the direct costs of returning the items. You are only liable for any reduction in the value of the item resulting from using it in a manner other than what was necessary to establish the nature, characteristics and functioning of the item.
COMPLAINT FOR GOODS
The basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty) are specified in generally applicable legal provisions, in particular in the Civil Code. For Sales Agreements concluded until December 24, 2014, the basis and scope of the Seller's liability towards the Customer who is a natural person who purchases the Product for purposes unrelated to professional or business activity, due to the non-compliance of the Product with the Sales Agreement, are specified in generally applicable legal provisions, in particular the Act of July 27, 2002 on special conditions of consumer sales and amending the Civil Code (Journal of Laws 2002, No. 141, item 1176, as amended).
The Seller is obliged to provide the Customer with a Product without defects. Detailed information regarding the Seller's liability for a Product defect and the Customer's rights are specified on the Online Store website.
A complaint may be submitted by the Customer, for example:
- in writing to the following address:
LetMeRepair Poland Sp. z o. o.
ul. Częstochowska 140
62-800 Kalisz - in electronic form via e-mail to: sklep@letmerepair.pl
It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request how to bring the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person filing the complaint - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure to respond by the Seller within the above deadline means that the Seller considered the complaint justified.
BASIC CONDITIONS OF THE SELLER'S LIABILITY
The Seller is liable to the Customer if the Product sold has a physical or legal defect (warranty).
- Physical defect
The Seller is liable under the warranty for physical defects that existed at the time the danger passed to the Customer or resulted from a cause inherent in the sold Product at the same time. The physical defect consists in the non-compliance of the sold Product with the Sales Agreement. In particular, the sold Product is inconsistent with the Sales Agreement if:
- there are no properties that a Product of this type should have due to the purpose indicated in the Sales Agreement or resulting from the circumstances or purpose;
- does not have the properties of which the Seller assured the Customer, including by presenting a sample or pattern;
- it is not suitable for the purpose about which the Customer informed the Seller when concluding the Sales Agreement, and the Seller did not raise any objections to its intended use;
- was delivered to the Customer in an incomplete condition.
If the Customer is a consumer, the public assurances of the manufacturer or his representative, the person who places the Product on the market within the scope of his business activity, and the person who, by placing his name, trademark or other distinctive mark on the sold Product, are treated as the Seller's assurance. presents himself as a producer.
The sold Product has a physical defect also in the event of incorrect installation and startup, if these activities were performed by the Seller or a third party for whom the Seller is responsible, or by the Customer who followed the instructions received from the Seller.
- Legal defect
The Seller is liable to the Customer if the Product sold is the property of a third party or if it is encumbered with the rights of a third party, and if the limitation in the use or disposal of the Product results from a decision or ruling of a competent authority; in the event of a sale of a right, the seller is also responsible for the existence of the right.
- Indemnification of the Seller from liability
The Seller is released from liability under the warranty if the Customer knew about the defect at the time of concluding the Sales Agreement.
When the subject of the Sales Agreement are Products marked only as to species or Products to be produced in the future, the Seller is released from liability under the warranty if the Customer was aware of the defect at the time of delivery of the item. This provision does not apply when the Customer is a consumer.
The Seller is not liable to the Customer who is a consumer for the fact that the Product sold does not have the properties resulting from the public assurances referred to above, if he did not know these assurances or, judging reasonably, could not know or they could not influence the Customer's decision about conclusion of the Sales Agreement, or when their content was corrected before concluding the Sales Agreement.
BASIC CONSUMER RIGHTS
These rights are, in principle, equivalent, which means that the Customer can immediately use both the first and second groups of rights:
- Group: price reduction/money refund
If the sold Product has a defect, the Customer may submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Product with a defect-free one or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Product with a defect-free one or to remove the defect. The reduced price should be in such proportion to the price resulting from the Sales Agreement that the value of the Product with a defect remains to the value of the Product without a defect. The Customer may not withdraw from the Sales Agreement if the defect is insignificant.
- If the Customer is a consumer, he may, instead of removing the defect proposed by the Seller in accordance with the provisions above, request replacement of the Product with a defect-free one or instead of replacing the Product, request removal of the defect, unless bringing the Product into compliance with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing excessive costs, the value of the defect-free Product, the type and significance of the defect found, and the inconvenience to which the Customer would be exposed to a different method of satisfaction are taken into account.
- If only some of the Products sold are defective and can be separated from Products free from defects, without harm to both parties, the Customer's right to withdraw from the contract is limited to the defective Products.
- Group: repair/replacement
If the sold Product has a defect, the Customer may request that the Product be replaced with a defect-free one or that the defect be removed. The Seller is obliged to replace the defective Product with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the Customer. The Seller may refuse to satisfy the Customer's request if bringing the defective Product into compliance with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the other possible method of bringing about compliance with the Sales Agreement.
IMPORTANT COMPLAINT DEADLINES
2 years of presumption of the existence of a defect at the time of delivery of the Product.
The Seller is liable for liability for non-compliance of the goods with the contract for physical defects that existed at the time of transfer of danger to the Customer or resulted from a cause inherent in the Product sold at the same time. If the Customer is a consumer and a physical defect was discovered within one year from the date of delivery of the sold Product, it is presumed that the defect or its cause existed at the time the danger passed to the Customer.
2 years of Seller's liability
The Seller is liable under the warranty if a physical defect is detected before the expiry of two years, and in the case of real estate defects - before the expiry of five years from the date of delivery of the Product to the Customer. To exercise the rights under the warranty for legal defects of the sold Product, the provisions relating to physical defects apply, except that the period for exercising the rights under the warranty starts from the day on which the Customer learned about the existence of the defect, and if the Customer learned about the existence defects only as a result of an action brought by a third party - from the date on which the judgment issued in the dispute with the third party became final.
PLACE AND HOW TO SUBMIT A COMPLAINT
A complaint may be submitted by the Customer, for example:
- in person at:
LetMeRepair Poland Sp. z o. o.
ul. Częstochowska 140
62-800 Kalisz - in writing to the following address:
LetMeRepair Poland Sp. z o. o.
ul. Częstochowska 140
62-800 Kalisz - by phone at: +48 62 76 67 771 (between 8 a.m. and 4 p.m.)
- in electronic form via e-mail to: sklep@letmerepair.pl
If you submit a complaint in writing or submit a complaint electronically, we recommend completing the complaint form: Complaint
form
DESCRIPTION OF THE COMPLAINT
It is recommended that the Customer provide the following information in the description of the complaint - this will facilitate and speed up the consideration of the complaint by the Seller:
- information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the non-compliance/defect;
- requesting a way to bring the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and
- contact details of the person filing the complaint.
The requirements set out above are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
DELIVERY OF THE ADVERTISED PRODUCT
If it is necessary to deliver the Product to the Seller in order for the Seller to respond to the Customer's complaint or to exercise the Customer's rights resulting from the non-compliance of the Product with the Sales/Warranty Agreement, the Customer will be asked by the Seller to deliver the Product at the Seller's expense to the address of
LetMeRepair Poland Sp. z o. o.
ul. Częstochowska 140
62-800 Kalisz
However, if due to the type of non-compliance/defect, the type of Product or the method of its installation, the delivery of the Product by the Customer would be impossible or excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.
The request for the delivery of the Product referred to above does not affect the deadline for the Seller to respond to the Customer's complaint and does not violate the Customer's right - in the event of a complaint based on the warranty - to request the Seller to dismantle the defective Product and reinstall the Product after replacing it with a new one. free from defects or defect removal referred to in Art. 561[1] of the Civil Code.
SELLER'S RESPONSE
The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure to respond by the Seller within the above deadline means that the Seller considered the complaint justified.
OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND BRINGING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
- http://www.uokik.gov.pl/spory_konsumenckie.php
- http://www.uokik.gov.pl/sprawy_zdrowie.php
- http://www.uokik.gov.pl/wazne_adresy.php
A customer who is a consumer has, among others: the following possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
- The customer is entitled to apply to a permanent consumer arbitration court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws 2001, No. 4, item 25, as amended), with a request to resolve a dispute arising from the concluded Sales Agreement. The regulations for the organization and operation of permanent consumer arbitration courts are set out in the Regulation of the Minister of Justice of September 25, 2001 on determining the regulations for the organization and operation of permanent consumer arbitration courts. (Journal of Laws 2001, No. 113, item 1214).
- The customer is entitled to contact the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and procedure of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of individual Provincial Inspectorates of the Trade Inspection.
- The Customer may obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address adress@dlakonsumentow.pl .
- A platform for the online system for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr . The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court resolution of a dispute regarding contractual obligations arising from an online sales contract or service provision contract.