Returns and complaints

Right of withdrawal

1. The provisions of this section shall apply accordingly to natural persons conducting business activities.
2. The consumer has the right to withdraw from the Distance Sale Agreement under Article 27 of the Consumer Rights Act, without giving any reason and without incurring any costs, except for the costs specified in Article 33, Article 34, paragraph 2 and Article 35 of the Consumer Rights Act. Annex No. 1 provides information on exercising the right to withdraw from the agreement.
3. The deadline for withdrawal from the Sales Agreement begins on the day the Consumer or a third party indicated by him other than the carrier takes possession of the Goods, and in the case of a Sales Agreement covering many items that are delivered separately, in batches or in parts, from the day the last item, batch or part is taken into possession.
4. The time limit for withdrawal from a Distance Sale Agreement is 30 days from the date of delivery of the Goods, and to meet the time limit it is sufficient to send a declaration before its expiry.
5. The Consumer may submit a declaration of withdrawal from the Sales Agreement:

1) on the form, the template of which constitutes Annex No. 2 to the Regulations;

or

2) in another form consistent with the Consumer Rights Act.

6. The Stroimy.pl Store will immediately confirm to the Consumer by e-mail (provided when concluding the Sales Agreement and another one if provided in the submitted declaration) receipt of the declaration of withdrawal from the Sales Agreement.
7. In the event of withdrawal from the Sales Agreement, it is deemed not to have been concluded.
8. The consumer is obliged to return the Goods to the Stroimy.pl store or to hand them over to a person authorized by Stroimy.pl to collect them immediately, but no later than 14 days from the day on which he withdrew from the Sales Agreement, unless the Stroimy.pl store has offered to collect the Goods himself. To meet the deadline, it is sufficient to return the Goods before it expires.
9. The Consumer shall bear the direct costs of returning the Goods, which means that he/she shall return the Goods that are the subject of the Sales Agreement from which he/she has withdrawn at his/her own expense and risk.
10. The Consumer is liable for any reduction in the value of the Goods resulting from using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
11. Stroimy.pl shall immediately, no later than within 7 days from the date of receipt of the declaration of withdrawal from the Sales Agreement submitted by the Consumer, return to the Consumer all payments made by him, including the costs of delivering the goods, provided that if the Consumer has chosen a method of delivering the goods other than the cheapest standard method of delivery offered by the Stroimy.pl store, Stroimy.pl is not obliged to refund the additional costs incurred by the Consumer - in accordance with Article 33 of the Consumer Rights Act.
12. If Stroimy.pl has not offered to collect the Goods from the Consumer itself, it may withhold the refund of payments received from the Consumer until it receives the Goods back or until the Consumer provides proof of sending them back, depending on which event occurs first.
13. Stroimy.pl refunds the payment by online transfer to the bank account provided by the Consumer in the withdrawal form.
14. The right to withdraw from the Distance Sale Agreement does not apply to the Consumer in the cases provided for in Article 38 of the Consumer Rights Act, in particular in relation to the following agreements:

• provision of services, if Stroimy.pl has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the provision that after Stroimy.pl has performed the service, the Consumer will lose the right to withdraw from the Sales Agreement;
• in which the Price or remuneration depends on fluctuations in the financial market over which Stroimy.pl has no control and which may occur before the deadline for withdrawal from the Agreement expires;
• in which the subject of the Sales Agreement is a non-prefabricated product, manufactured according to the Consumer’s specifications or intended to meet his individual needs;
• in which the subject of the Sales Agreement is a Product delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons if the package was opened after delivery;
• in which the subject of the Sales Agreement are Goods which after delivery, due to their nature, are inseparably connected with other items.

Complaints about Goods

Applies to the Client who is a Consumer and Natural Persons conducting business activity:

1. The provisions of this section apply to Consumers and Natural Persons conducting business activities.
2. The basis and scope of Stroimy.pl's liability towards the Consumer, if the Goods sold are not in accordance with the Sales Agreement, are specified in the Consumer Rights Act.
3. In the event of non-compliance of the Goods with the Sales Agreement, the Consumer shall have the rights specified in the Consumer Rights Act. The provisions of the third book of title XI of section II of the Civil Code shall not apply to agreements requiring the transfer of ownership of the goods to the Consumer, including in particular sales agreements, delivery agreements and contracts for a work being goods.
4. Stroimy.pl may not invoke the expiry of the time limit for determining the lack of conformity of the Goods with the Sales Agreement if it fraudulently concealed this lack.
5. The Goods are in compliance with the Sales Agreement if, in particular, the following are in compliance with the Sales Agreement:
   1. description, type, quantity, quality, completeness and functionality, and in relation to goods with digital elements – also compatibility, interoperability and availability of updates;
   2. suitability for a specific purpose for which it is required by the Consumer, about which the Consumer informed Stroimy.pl at the latest at the time of conclusion of the Sales Agreement and which Stroimy.pl accepted.
6. In addition, in order to be deemed to be in compliance with the Sales Agreement, the Goods must:

• be suitable for the purposes for which Goods of this type are normally used, taking into account applicable laws, technical standards or good practice;
• be present in such quantity and have such features, including durability and safety, and in relation to goods with digital elements - also functionality and compatibility, that are typical for goods of this type and which the Consumer may reasonably expect, taking into account the nature of the Goods and the public assurance made by Stroimy.pl, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless Stroimy.pl proves that:
  • he was not aware of the public statement and, judging reasonably, could not have been aware of it,
  • before the conclusion of the Sales Agreement, the public assurance was corrected in accordance with the conditions and form in which the public assurance was made, or in a comparable manner,
  • the public assurance had no influence on the Consumer’s decision to conclude the Sales Agreement;
• be supplied with the packaging, accessories and instructions that the Consumer could reasonably expect to be supplied;
• be of the same quality as the sample or model that Stropimy.pl made available to the Consumer before concluding the Sales Agreement, and correspond to the description of such sample or model.

7. Stroimy.pl shall not be liable for the lack of conformity of the Goods with the Sales Agreement to the extent referred to in paragraph 6 above, if the Consumer, at the latest at the time of conclusion of the Sales Agreement, has been expressly informed that a specific feature of the Goods deviates from the requirements of conformity with the Sales Agreement specified in paragraph 6 above, and has expressly and separately accepted the lack of a specific feature of the Goods.
8. Stroimy.pl shall be liable for any lack of conformity of the Goods with the Sales Agreement existing at the time of their delivery and revealed within two years of that time, unless the Goods' shelf life, as determined by Stroimy.pl, its legal predecessors or persons acting on their behalf, is longer. It is presumed that any lack of conformity of the Goods with the Sales Agreement, which became apparent before the expiry of two years from the time of delivery of the Goods, existed at the time of their delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specificity of the Goods or the nature of the lack of conformity of the Goods with the Sales Agreement.
9. If the Goods are inconsistent with the Sales Agreement, the Consumer may request their repair or replacement.
10. Stroimy.pl may make an exchange when the Consumer requests a repair, or Stroimy.pl may make a repair when the Consumer requests an exchange, if bringing the Goods into conformity with the Sales Agreement in the manner chosen by the Consumer is impossible or would require excessive costs for Stroimy.pl. If repair and replacement are impossible or would require excessive costs for Stroimy.pl, it may refuse to bring the Goods into conformity with the Sales Agreement.
11. When assessing the excessiveness of costs for Stroimy.pl, all circumstances of the case are taken into account, in particular the significance of the lack of conformity of the Goods with the Sales Agreement, the value of the Goods in accordance with the Sales Agreement and excessive inconvenience to the Consumer resulting from the change in the method of bringing the Goods into conformity with the Sales Agreement.
12. Stroimy.pl repair or replace within a reasonable time from the moment Stroimy.pl was informed by the Consumer about the lack of compliance with the Sales Agreement and without excessive inconvenience to the Consumer, taking into account the specificity of the Goods and the purpose for which the Consumer purchased them. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, are borne by Stroimy.pl .
13. The consumer makes available to Stroimy.pl the Goods subject to repair or exchange. Stroimy.pl collects the Goods from the Consumer at his own expense.
14. The Consumer is not obliged to pay for normal use of the Goods that were subsequently replaced.
15. If the Goods are inconsistent with the Sales Agreement, the Consumer may submit a declaration requesting a reduction in the Price or withdrawal from the Sales Agreement when:
    1. Stroimy.pl refused to bring the Goods into compliance with the Sales Agreement in accordance with Article 43d paragraph 2 of the Consumer Rights Act;
    2. Stroimy.pl failed to bring the Goods into compliance with the Sales Agreement in accordance with Article 43d paragraphs 4-6 of the Consumer Rights Act;
    3. the lack of conformity of the Goods with the Sales Agreement still exists, even though Stroimy.pl attempted to bring the Goods into compliance with the Sales Agreement;
    4. the lack of conformity of the Goods with the Sales Agreement is so significant that it justifies a reduction in the Price or withdrawal from the Sales Agreement without prior use of the protection measures specified in Article 43d of the Consumer Rights Act;
    5. from the statement of Stroimy.pl or circumstances clearly indicate that Stroimy.pl fails to bring the Goods into conformity with the Sales Agreement within a reasonable time or without excessive inconvenience to the Consumer.
16. The Reduced Price must remain in such proportion to the Price resulting from the Sales Agreement in which the value of the Goods that are inconsistent with the Sales Agreement remains in relation to the value of the Goods that are consistent with the Sales Agreement.
17. Stroimy.pl returns to the Consumer the amounts due as a result of exercising the right to reduce the Price immediately, no later than within 7 days from the date of receipt of the Consumer's statement on the Price reduction.
18. The Consumer may not withdraw from the Sales Agreement if the lack of conformity of the Goods with the Sales Agreement is immaterial. It is presumed that the lack of conformity of the Goods with the Sales Agreement is material.
19. If the lack of conformity with the Sales Agreement applies only to some of the Goods delivered under the Sales Agreement, the Consumer may withdraw from the Sales Agreement only in respect of those Goods, as well as in respect of other Goods acquired by the Consumer together with the Goods that are non-conforming with the Sales Agreement, if the Consumer cannot reasonably be expected to agree to retain only the Goods that are compliant with the Sales Agreement.
20. In the event of withdrawal from the Sales Agreement, the Consumer shall immediately return the Goods to Stroimy.pl at his expense. Stroimy.pl returns the Price to the Consumer immediately, no later than within 7 days from the date of receipt of the Goods or proof of their return.
21. Stroimy.pl refunds the Price by means of a traditional transfer to the bank account indicated by the Consumer in the Withdrawal Form.
22. The consumer may refrain from paying the Price until Stroimy.pl has fulfilled the obligation. obligations arising from Article 43d and Article 43e of the Consumer Rights Act.
23. We undertake to respond to the complaint immediately, no later than within 7 days from the date of its submission.
24. Complaints can be submitted:

• in writing to the following address: Stroimy.pl , ul. Starowiejska 5/13 61-664, Poznan.

• via e-mail to the following address: sklepstroimypl@gmail.com

Applies to a Client who is not a Consumer but is an Entrepreneur:

In the case of a Sales Agreement concluded with a Customer who is not a Consumer or a Person conducting business activity, pursuant to Article 558 § 1 of the Civil Code, Stroimy.pl's liability under the warranty for defects in the Goods is excluded. This exclusion is ineffective in the event of our fraudulent concealment of the defect.

Complaints regarding the provision of services by electronic means

1. Stroimy.pl takes steps to ensure the proper operation of the Online Store, to the extent that results from the current technical knowledge, and undertakes to remove any irregularities reported by Customers within a reasonable time.
2. The Client may notify us of any irregularities or interruptions in the functioning of the Online Store service. Please report irregularities related to the functioning of the Store by e-mail to the following address: sklepstroimypl@gmail.com
3. In a complaint regarding irregularities related to the operation of the Online Store service, please indicate the type and date of the irregularity.
4. We undertake to respond to the complaint immediately, no later than within 7 days from the date of its submission.

Extrajudicial methods of handling complaints and pursuing claims

1. We inform you that there are possibilities of using out-of-court methods of handling complaints and pursuing claims. Using them is voluntary and can only take place if both parties to the dispute agree to it.

• The consumer may file a motion to initiate proceedings for the out-of-court resolution of consumer disputes concerning the concluded Sales Agreement with the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, ). This point also extends to natural persons conducting business activity, concluding a distance sales agreement with the seller, which is not of a professional nature for them, and therefore does not concern the industry in which they specialize
• The consumer may also file a motion to have a dispute concerning the concluded Sales Agreement resolved by a permanent arbitration court operating at the relevant provincial inspectorate of the Trade Inspection, in accordance with art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended). This point also extends to natural persons conducting business activity, concluding a distance sales agreement with the seller, which is not of a professional nature for them, and therefore does not concern the industry in which they specialize.
• The European Commission also provides a platform for online dispute resolution between Consumers and Traders (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/.

2. Detailed information on resolving consumer disputes, including the possibility for Consumers and individuals conducting business activity, concluding a distance sales agreement with the seller, which is not of a professional nature for them, i.e. does not concern the industry in which they specialize, to use out-of-court methods of handling complaints, pursuing claims and the rules of access to these procedures are available at the offices and on the websites of the provincial inspectorates of the Trade Inspection and at the following internet address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

Final provisions

1. The court with jurisdiction to resolve any disputes arising from or related to the performance of the Sales Agreement is the court with local jurisdiction over the registered office of Stroimy.pl (Poznań).

1. In matters not regulated in the Regulations, generally applicable provisions shall apply, in particular the Civil Code, the Act on the provision of services by electronic means and the Act on consumer rights.
2. In the event of any conflict between the Regulations and the rights of Customers and provisions resulting from generally applicable provisions of law, generally applicable provisions of law shall apply. During the execution of the Order and throughout the entire period of after-sales care for the Customer, the Regulations accepted by him when placing the Order shall apply.
3. For contracts concluded before the amendment of the Regulations, the Regulations in the version in force at the time of conclusion of the Sales Agreement shall apply.
4. The regulations are effective from 1 January 2023.

ANNEX 1. INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

Right of withdrawal

You have the right to withdraw from this contract within 30 days without giving any reason.

The deadline for withdrawal from the contract expires after 7 days from the date of receipt of the Goods.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail).

You may use the model withdrawal form, but this is not obligatory.

In order to meet the withdrawal deadline, it is sufficient for you to send information regarding the exercise of your right to withdraw from the contract before the withdrawal deadline expires.

Consequences of withdrawal from the contract

If you withdraw from this contract, we will reimburse you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), immediately and in any event no later than 7 days from the day on which we are informed of your decision to exercise your right to withdraw from this contract. We will make the reimbursement using the same means of payment that you used in the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of this reimbursement.

ANNEX 2. SAMPLE WITHDRAWAL FORM.