Returns and complaints

COMPLAINTS

I GENERAL PROVISIONS

  1. The Seller is liable to the Consumer for the conformity of the performance with the contract, according to the generally applicable provisions of law – without prejudice to section 11(3) and 11(4) - in particular to the provisions of the Act on Consumer Rights, in which Consumers' complaints referred to in this section are regulated.
  2. The Seller requests that complaints be addressed to the postal address or e-mail address specified in section 2 of the Terms and Conditions.
  3. If any additional guarantee was provided for the product, the information about it and about its conditions is available at the Shop.
  4. Complaints concerning the functioning of the Shop should be reported electronically to the e-mail address specified in section 2 of the Terms and Conditions.
  5. Unless otherwise specified in this section (regarding complaints), the Seller will review the complaint within the period of 14 days – subject to section 11(3) and 11(4) of the Terms and Conditions.

II CONSUMERS

  1. Goods

    1. The Seller is liable to the Consumer for any lack of conformity of the goods with the contract, which exists at the time when the goods were delivered and which becomes apparent within two years of that time - subject to section 11(3) and 11(4) of the Terms and Conditions.
    2. In the case of a lack of conformity of the good with the contract, the Consumer can - on the principles laid down in the Act on Consumer Rights:
      1. demand a replacement;
      2. demand a repair.
    3. In addition, the Consumer may - on the principles laid down in the Act on Consumer Rights:
      1. make a statement to the Seller expressing the decision to withdraw from the contract;
      2. claim a price reduction
      in a situation when:
      • the Seller has failed to bring the goods into conformity with the contract in accordance with Article 43d(4) to (6) of the Act on Consumer Rights or the Seller has refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Act on Consumer Rights;
      • a lack of conformity with the contract appears despite the Seller having attempted to bring the goods into conformity;
      • the lack of conformity of the goods with the contract is significant enough to justify either a reduction in price or withdrawal from the contract without prior recourse to the remedies set out in the Article 43d of the Act on Consumer Rights; or
      • the Seller has declared, or it is clear from the circumstances, that the Seller will not bring the goods into conformity with the contract within a reasonable time, or without significant inconvenience for the Consumer.
    4. The Consumer shall not be entitled to withdraw from the contract on the basis of this section (regarding goods) if the lack of conformity of the goods with the contract is only minor.
    5. Where the lack of conformity of the goods with the contract is to be remedied by repair or replacement of the goods, the Consumer shall make the goods available to the Seller. The Seller shall take back the replaced goods at the Seller’s expense.
    6. In the event of withdrawal from the contract for the purchase of goods by the Consumer, the Consumer shall return the goods to the Seller without undue delay at Seller’s expense, to the address ul. Stanisława Zwierzchowskiego 31a, 61-249, Poznań,. The Seller shall reimburse to the Consumer the price paid for the goods without undue delay, but not later than within 14 days of receipt of goods or evidence provided by the Consumer of having sent back the goods - subject to section 11(3) and 11(4) of the Terms and Conditions.
    7. The Seller shall reimburse to the Consumer the amounts due as a result of exercising the right to price reduction without undue delay, but not later than within 14 days from the day on which the Consumer communicates his/her price reduction claim to the Seller - subject to section 11(3) and 11(4) of the Terms and Conditions.
    8. IMPORTANT! The consumer bears the costs associated with returning the goods to the seller

  2. Out-of-court complaint and redress mechanism

    1. In case where the complaint procedure fails to bring the expected results, the Consumer may use, i.a.:
      1. assistance of competent European Consumer Centre of the EEC-Net. Centres provide Consumers with information about their rights and assist in solving individual problems with cross border transactions. The assistance of Consumer Centres is free of charge by default. A list of Consumer Centres competent for each country can be found at: https://konsument.gov.pl/eck-w-europie/;
      2. Online Dispute Resolution (ODR) developed by the European Commission, available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
    2. Furthermore, the following support options are available in the Republic of Poland:
      1. mediations conducted by the locally competent Regional Trade Inspector, to whom an application for mediation should be directed. The proceedings are free-of-charge by default. A list of Inspectorates can be found at: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
      2. assistance of the locally competent permanent Consumer court of arbitration operating with the Regional Trade Inspector, where an application for a review before the arbitration court should be submitted. The proceedings are free-of-charge by default. The list of courts is available at the following address: https://uokik.gov.pl/stale_sady_polubowne.php;
      3. free-of-charge assistance of the municipal or poviat consumer advocate.

III BUYERS WHO ARE NOT CONSUMERS

  1. For the avoidance of doubt, the Seller points out that in case of complaints, section 12(2) shall apply to the Seller’s liability in relation to the Buyer who is not a Consumer.

PERSONAL DATA

  1. Controller of personal data provided by the Buyer when using the Shop is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as on data recipients – can be found in the Privacy Policy available in the Shop – due to the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council on data protection – “GDPR”.
  2. The objective of processing Buyer’s data by the Seller provided by the Buyer in relation to shopping in the Shop is to fulfil orders. The basis for processing personal data in this case is:
    • a contract or actions taken at the request of the Buyer in order to conclude the contract (point (b) of Article 6(1) of the GDPR),
    • the Seller’s legal obligation related to accounting (point (c) of Article 6(1) of the GDPR), and
    • the Seller’s legitimate interest consisting in processing data in order to determine, exercise or defend any possible claims (point (f) of Article 6(1) of the GDPR).
  3. The provision of data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide such data will make it impossible to conclude the contract in the Shop.
  4. The Buyer's data provided in connection with shopping in the Shop will be processed until:
    1. the contract concluded by and between the Buyer and the Seller expires;
    2. the Seller ceases to be bound by the legal obligation that obligates the Seller to process Buyer’s data;
    3. the Buyer or the Seller ceases to be able to exercise claims related to the contract concluded by the Shop;
    4. the Buyer's objection to the processing of his/her personal data is accepted – if the processing was based on the legitimate interest of the Seller
    – depending on what is applicable in a given case and what happens latest.
  5. The Buyer has the right to request:
    1. access to his/her personal data,
    2. their rectification,
    3. their deletion,
    4. restriction of processing,
    5. transfer of data to another controller
      and the right to:
    6. object to processing of data at any time on grounds relating to a specific situation of the Buyer – to processing of personal data concerning the data subject, based on point (f) of Article 6(1) of the GDPR (i.e. on legitimate interests pursued by the Seller).
  6. In order to exercise his/her rights, the Buyer should contact the Seller using data indicated in section 2 of the Terms and Conditions.
  7. If the Buyer considers that his/her data is processed illegally, the Buyer may lodge a complaint with an authority competent for personal data protection.

RESTRICTIONS

  1. The Buyer is forbidden to provide content of illegal nature.
  2. Each order placed at the Shop requires conclusion of a separate contract and separate acceptance of the Terms and Conditions. The contract is concluded for the time and for the purpose of order fulfilment.
  3. All contracts concluded under these Terms and Conditions are subject to the provisions of Polish law, subject to paragraph 4.
  4. The choice of Polish law as governing law for contracts concluded with Consumers under the Terms and Conditions does not revoke or limit the rights of Consumers which they can exercise pursuant to the applicable mandatory provisions of law, applicable to the Consumer in cases where the choice of law does not take place, pursuant to Regulation (EC) of the European Parliament and of the Council No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I). This means in particular that if national provisions applicable to a certain Consumer provide for wider protection than that resulting from these Terms and Conditions or the Polish law – this wider protection shall be applied.
  5. The contracts concluded through the Shop are concluded in English.
  6. No regulation of the present Terms and Conditions waives or restricts in any way the applicable Consumer rights imposed by the provisions of law.
  7. A natural person concluding a contract directly related to his/her economic activity shall be treated as a Consumer and has the same rights as Consumers, when the content of such contract implies it is not of professional nature for this person. The previous sentence does not apply to the provisions specified in section 9, in the sub-section “Out-of-court complaint and redress mechanism”, and the provisions of paragraph 4.

PROVISIONS APPLICABLE TO BUYERS WHO ARE NOT CONSUMERS

  1. Any liability of the Seller towards the Buyer who is not a Consumer, within the limits permitted by law, is excluded.
  2. Any dispute arising between the Seller and the Buyer who is not a Consumer will be submitted to the court competent for the Seller’s registered office.

Appendix 1. to Terms and Conditions

What follows is a model withdrawal form from the contract which the Consumer may (but does not have to) use.

Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)

MEESTER GROUP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Wagrowska 2, 61-369 Poznań, Poland
e-mail: support@meestergroup.pl

- I/We (*) ..................................................................... hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):

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– Ordered on(*)/received on(*)

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– Name of Consumer(s):

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– Address of Consumer(s):

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Signature of Consumer(s)
(only if this form is notified on paper)

Date ............................................

(*) Delete as appropriate.