COMPLAINTS AND RETURN OF GOODS
WARRANTY FOR DEFECTS, COMPLAINTS
- The Seller is responsible towards the Buyer for physical and legal defects of the subject of sale.
- If the product has a physical or legal defect, the Customer has the right to lodge a complaint and exercise the rights specified, in the case of a defect of the item, in the provisions of the generally applicable law, including in particular in art. 5561 and the Civil Code.
- The Consumer who exercises the rights under the warranty is obliged to provide the defective item at the Seller's expense to the complaint address.
- The appropriate place to file a complaint is the Complaint Department: Beskidzka Street No. 123/125, 91-610 Lodz.
- Complaints can be lodged, in particular:
- by phone to: 42 674 85 87
- electronically to the e-mail address of the Seller: firstname.lastname@example.org
- in person, in the Complaint Department: Beskidzka Street No. 123/125, 91-610 Lodz
- in writing, by sending the complaint to the address of the Seller's Complaint Department: Beskidzka Street No. 123/125, 91-610 Lodz;
- In the complaint form, the Customer should provide the data enabling its identification, the circumstances justifying lodging the complaint, the date of finding the product defect. Along with lodging the complaint, the Customer should send the Seller the product that is the subject of the complaint.
- The Seller will respond to the Customer along with giving the position in relation to requests contained in the complaint within 14 days from the date of receipt of the complaint.
- The response to the complaint is sent electronically to the e-mail address or in writing to the address provided in the complaint form.
RETURN - RIGHTS TO WITHDRAW FROM THE AGREEMENT CONCLUDED WITH THE SELLER
- Pursuant to art. 17 of the Act on Consumer Rights (Journal of Laws of 2014, item 827), the Consumer who concluded the product sale agreement via the online store tomgast.pl (the agreement concluded at a distance) may withdraw from it without giving any reason and without incurring any costs, within 14 days, except for the costs specified in art. 33, art. 34 par. 2 and art. 35 of the Act on Consumer Rights (Journal of Laws of 2014, item 827).
- The course of the fourteen-day period for withdrawal from the agreement starts with the product being taken over by the Consumer, or by the third party indicated by him, other than the carrier, and in the case of the agreement that covers many products that are delivered separately, in batches or in parts - with the last product, batch or part being taken over.
- The Consumer may withdraw from the agreement by submitting the declaration of withdrawal from the agreement. The declaration of withdrawal from the agreement may be submitted electronically via e-mail (electronically) or in writing.
- To meet the fourteen-day deadline, it is sufficient to send the declaration of withdrawal before its expiration to the following e-mail address (e-mail): email@example.com or by letter to the following address: Tom-Gast Tomasz i Agnieszka Wozniak s.j., Beskidzka Street No. 123/125, 91-610 Lodz.
- The declaration may also be submitted on the form, whose model constitutes Attachment no. 1 to the Rules and whose copy was sent to the Consumer along with the product, and which is available on the website of the online store tomgast.pl.
- The Seller shall immediately send the Consumer, on a durable medium, the confirmation of receipt of the declaration of withdrawal submitted electronically. The confirmation of receipt of withdrawal from the agreement is sent to the e-mail address provided by the Consumer in the order or another address indicated by the consumer in the declaration of withdrawal as appropriate to send the confirmation of receipt of the declaration of withdrawal from the agreement by the Seller
- In the case of withdrawal from the Agreement, the Agreement is considered void, and if the Consumer submitted the declaration of withdrawal from the Agreement before the Seller accepted his offer, the offer ceases to be binding.
- In the case of withdrawal from the Agreement, the Consumer is obliged to return the product without delay, but no later than within 14 days from the date of withdrawal from the Agreement. To meet the product return deadline, it is sufficient to send the product back before the expiration of the fourteen-day period referred to in the previous sentence.
- The Consumer bears only the direct costs of return of the product or products covered by the agreement from which he withdrawn.
- The Consumer is liable for reduction of the value of the item resulting from the use of it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of items.
- The Seller shall immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the Agreement by the Consumer, return the Consumer all payments made by him, including the cost of delivery of the product. The Seller shall refund the payment using the same payment method as used by the Consumer, unless the Consumer expressly agreed to a different return method, which does not involve any costs for him. If the Consumer chooses the product delivery method in other than the cheapest usual delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
- The Seller may withhold the refund of payment received from the Consumer until the product is returned or the Consumer provides the proof of its return, depending on which event occurs first.
The right to withdraw from the agreement concluded outside the business premises or at a distance is not available to the Consumer in relation to the following agreements:
- 1) the service provision agreement, if the entrepreneur fully provided the service with the express consent of the Consumer, who was informed before commencing the provision of the service, that after the service is provided by the entrepreneur, he will lose the right to withdraw from the agreement;
- 2) the agreement in which the price or the remuneration depends on fluctuations in the financial market where the entrepreneur does not have control and which may occur before the expiration of the deadline for withdrawal from the agreement;
- 3) the agreement in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or used to satisfy his individual needs;
- 4) the agreement in which the subject of the service is the item subject to rapid deterioration or with a short shelf-life;
- 5) the agreement in which the subject of the service is the item delivered in a sealed packaging, which after opening the packaging cannot be returned due to health protection or for hygiene reasons, if the packaging was opened after delivery;
- 6) the agreement in which the subject of the service are items, which after delivery, due to their nature, are inseparably connected with other things;
- 7) the agreement in which the subject of the service are alcoholic beverages, whose price was agreed at the conclusion of the sale agreement, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;
- 8) the agreement in which the Consumer clearly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those whose provision was demanded by the Consumer, or supplies items other than spare parts necessary to perform the repair or maintenance, the Consumer has the right to withdraw from the agreement in relation to additional services or items;
- 9) the agreement in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed packaging, if the packaging was opened after delivery;
- 10) the agreement for the provision of daily papers, periodicals or magazines, with the exception of the subscription agreement;
- 11) the agreement concluded through the public auction;
- 12) the agreement for the provision of accommodation services, other than for residential purposes, transport of items, car rental, catering, services associated with leisure, entertainment, sports or cultural events, if the agreement indicates the day or period of service provision;
- 13) the agreement for the provision of digital content that is not stored on a tangible medium, if the provision of the service was commenced with the Consumer's express consent before the expiration of the deadline for withdrawal from the agreement and after notifying him by the entrepreneur about the loss of the right to withdraw from the agreement.