Returns and complaints
RIGHT OF WITHDRAWAL
(1) A consumer who has concluded a contract at a distance may, within 14 calendar days from the date on which he or she or a third party indicated by him or her who is not a carrier takes possession of the physical Goods, withdraw from the contract without giving any reason.
(2) The right of withdrawal from the Sales Agreement is exercised by submitting to the Seller a statement of withdrawal from the Sales Agreement (hereinafter: “the Statement”). To meet the deadline for withdrawal from the Agreement it is sufficient to send the Statement to the Seller before the expiry of the deadline referred to in paragraph 1. The Statement of withdrawal from the Agreement may be sent to the mailing address or via e-mail.
3. A sample form of withdrawal from the Agreement is included in the appendix no. 1 to the Terms and Conditions and on the website of the Online Store in the tab concerning withdrawal from the contract. The consumer may use the sample form, but it is not mandatory.
4. The Seller shall send the Buyer a confirmation of receipt of the Statement immediately upon receipt, via e-mail.
5. Effects of withdrawal from the contract:
1) In case of withdrawal from a contract concluded at a distance, the contract is considered not concluded.
2) The Consumer is obliged to return the Goods to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the Contract, or to hand them over to a person authorized by the Seller for collection, unless the Seller offered to collect the Goods himself. To meet the deadline it is sufficient to send back the Goods before its expiration. The consumer may send back the Goods to the address: Jurajska 1B/74 Street, 25-640 Kielce
3) The Seller shall 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 costs of delivering the Goods. The Seller shall reimburse the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of reimbursement that does not involve any costs for him.
4) If the Seller has not offered to collect the Goods from the Consumer himself, the Seller may withhold reimbursement of payments received from the Consumer until he receives the Goods back or the Consumer provides proof of their return, whichever event occurs first.
5) The Consumer shall bear the direct costs of returning the physical Goods. If the Consumer has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for the additional costs incurred by the Consumer.
6) 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 functioning of the Goods, unless the Seller has not informed the Consumer of the right to withdraw from the contract
6. The right of withdrawal from a contract concluded remotely does not apply to the Consumer with respect to contracts listed in Article 38 paragraph 1 of the Law on Consumer Rights.
(7) The provisions relating to the Consumer shall apply from January 1, 2021 and for contracts concluded from that date also to the Customer or Client who is a natural person concluding a contract directly related to his/her business activity, when from the content of the contract it follows that it does not have a professional character for this 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.
COMPLAINT HANDLING PROCEDURE
1 The procedure for handling complaints is common to all complaints submitted to the Seller.
(2) The complaint may be submitted in writing to the address: Jurajska 1B/74 Street, 25-640 Kielce or in electronic form via e-mail to: kontakt@hermanas.pl
3. Sending or returning the Goods under a complaint can be done to the address: Jurajska 1B/74 Street, 25-640 Kielce
(4) These provisions apply only to nonconformity of the Physical Goods with the Sales Contract to which the Buyer who is a Consumer or an Entrepreneur on the rights of a Consumer is a party.
5 It is recommended to specify in the description of the complaint:
1) information and circumstances regarding the subject of the complaint, in particular the nature and date of the irregularity or non-compliance with the contract;
2) demand a method of bringing the contract into conformity, or a statement of price reduction or withdrawal from the contract or other claim;
3) contact details of the complainant – this will facilitate and speed up the processing of the complaint.
(6) If the contact information provided by the complainant changes during the processing of the complaint, he is obliged to notify the Seller.
(7) The complaint may be accompanied by evidence (e.g. photos, documents or Goods) by the complainant related to the subject of the complaint. The Seller may also request the complainant to provide additional information or send evidence (e.g. photos), if this will facilitate and accelerate the processing of the complaint by the Seller.
8. The Seller shall respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
9. The basis and scope of the Seller’s statutory liability are set out in generally applicable laws, in particular the Civil Code Act, the Consumer Rights Act and the Act on Electronic Service Provision. Additional information on the Seller’s statutory liability for the compliance of the Goods with the Sales Agreement is indicated below:
1) in the case of a complaint about Goods purchased by the Customer on the basis of a Sales Agreement concluded with the Seller until December 31, 2022, are determined by the provisions of the Civil Code as in effect until December 31, 2022, in particular Articles 556-576 of the Civil Code. These provisions determine, in particular, the basis and scope of the Seller’s liability to the Customer if the sold Goods have a physical or legal defect (warranty). Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for a Product purchased in accordance with the preceding sentence against a Customer who is not a Consumer is excluded.
2) In the case of a complaint about Goods purchased by the Customer on the basis of a Sales Agreement concluded with the Seller from 1. January 2023 are determined by the provisions of the Consumer Rights Act, as in effect from 1. January 2023, in particular Articles 43a – 43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller’s liability to the Consumer in the event of non-compliance of the Goods with the Sales Agreement.
(10) In addition to statutory liability, a warranty may be provided for the Goods – this is a contractual (additional) liability and can be exercised when the Goods in question are under warranty. The warranty may be provided by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed terms and conditions of liability under the warranty, including details of the entity responsible for the implementation of the warranty and the entity entitled to benefit from it, are available in the description of the warranty, e.g. in the warranty card or in any other place concerning the granting of the warranty.