Withdrawal and Complaint: [Odpowiedzialność Sprzedającego z tytułu niezgodności towaru z umową w relacjach z przedsiębiorcami]

(1) The seller does not guarantee the goods subject to the sales contract. 

(2) The Seller shall be liable to the Buyer under the warranty, only if the physical defect is found and reported to the Seller by the Buyer before the expiration of 14 days from the date of delivery of the item into the possession of the Purchaser, subject to the provisions of paragraphs 4 and 5.  

(3) The condition for the effective exercise of rights under the warranty for physical defects by the Buyer is to address claims on the form available on the website under the link: https://www.sperto.pl/wp-content/uploads/2024/11/Formularz-odstapienia-od-umowy.pdf
or electronically to the address of the store office [małpa] sperto.pl

(4) In the case of assortment error in delivery, the Seller shall be liable under the warranty, if the non-conformity of the goods with the contract is found and reported to the Seller by the Buyer before the expiration of 3 days from the date of confirmation of receipt by the Buyer. 

(5) In the case of a quantitative mistake, the Seller shall be liable under the warranty, if the non-conformity of the goods with the contract is found and reported to the Seller by the Buyer before the expiration of 3 days from the date of confirmation of receipt by the Buyer.

(6) If the subject of the contract of sale is the goods marked “to order” of the Buyer, the Seller’s liability from  under the warranty for defects is excluded. 

(7) If the cause of the Buyer’s claims is damage to the goods during transport, the condition for the consideration of any claims of the Buyer is the preparation of a damage report in the presence of the courier or other company delivering the goods. 

[Odpowiedzialność Sprzedającego za niezgodność towaru z umową w relacjach z konsumentami] 

(1) The consumer has the right to withdraw from the sales contract within 14 days of its conclusion. Withdrawal from the contract does not require a reason. The course of the deadline for withdrawal from the contract begins from taking possession of the goods by the Consumer.  

(2) The consumer may withdraw from the contract, by submitting to the Seller a statement of withdrawal from the contract. The above statement can be made on a form, a sample of which is available at: https://www.sperto.pl/wp-content/uploads/2024/11/Formularz-odstapienia-od-umowy.pdf

(3) To preserve the fourteen-day withdrawal period it is sufficient to send the statement before its expiration. 

(4) After the expiration of the fourteen-day withdrawal period, the above entitlement shall lapse, subject to other withdrawal possibilities under other generally applicable laws. 

(5) In the event of withdrawal from the contract, it is considered not concluded. In situations where the consumer has made a statement of withdrawal from the contract before the Seller has accepted his offer, the offer ceases to be binding.  

(6) The Seller undertakes to immediately, no later than within 14 days from the date of receipt of the consumer’s statement of withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the goods. If the consumer has chosen a method of delivery of the item other than the cheapest ordinary method of delivery offered by the Seller, the obligation to refund will not include the additional costs incurred by the consumer.  

(7) The seller will refund the payment using the same method of payment used by the consumer, unless the consumer expressly agrees to a different method of refund that does not incur any costs for him. 

(8) If the Seller has not offered to collect the item from the consumer himself, he may withhold the refund of the received payments until he receives the item back or the Consumer provides proof of its return, whichever event occurs first. 

(9) The consumer is obliged to return the goods to the Seller or transfer the Goods to a person authorized by the Seller to collect them immediately, but no later than 14 days from the date on which he withdrew from the contract. This deadline does not apply to situations in which the Seller offered to collect the goods himself. To meet the above deadline it is sufficient to send back the goods before its expiration. The consumer shall bear only the direct costs of returning the goods.  

(10) The consumer is also entitled to return the goods himself at the Seller’s premises. 

(11) The consumer shall be liable for any diminution in the value of the goods, resulting from the use of the goods beyond what is necessary to ascertain the nature, characteristics and proper functioning of the goods. 

(12) The right of withdrawal does not apply to consumers with respect to contracts in which the subject of performance is a non-refabricated item, produced to the consumer’s specifications or serving to meet his individualized needs. 

(13) If the goods purchased by the Consumer will be affected by a physical defect , the Consumer may file a claim based on the provisions of the Civil Code (Article 556 and following of the Civil Code). The claim may be made on the basis of warranty for defects.  

14 Claims under the warranty for defects, will be resolved by the Seller within 14 days.

15 The consumer, regardless of the possibility of pursuing his claims through the courts, has the right to use out-of-court methods of resolving disputes with the trader, among which should be distinguished mediation, arbitration and complaint commissions, among others.  

16 In particular, the consumer has the right to refer a request to one of the Permanent Consumer Arbitration Courts. 

17 In addition, a consumer, in order to protect his rights, also has the right to seek assistance from the relevant district (city) consumer ombudsmen or social organizations whose statutory tasks include consumer protection (including, among others, the Consumer Federation http://www.federacja-konsumentow.org.pl/63,tu-znajdziesz-pomoc.html [1] or the Association of Polish Consumers http://www.konsumenci.org/pomoc-konsumencka,infolinia-konsumencka,2,35.html [2])  

(18) The provisions of paragraphs (1) – (14), shall also apply to a natural person entering into an agreement directly related to his/her business activity, when the content of the agreement shows that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, with the proviso that the provisions on out-of-court methods of settling complaints and pursuing claims shall not apply.  

[Prawo zwrotu części] If the Buyer orders goods with incorrect parameters, the Seller will accept the return of the part provided that the following events occur together: 

(1) The purchaser shall submit a request for return of goods on the form within no more than 3 days of receipt of the goods, 

(2) The request is for standard goods, so not for goods imported at the special request of the Buyer, 

(3) The goods will be returned in the original packaging and will not bear any signs of use or assembly. Otherwise, the Seller has the right to refuse to accept the goods and refund the sales price.