Bookomania
STORE TERMS AND CONDITIONS
TERMS AND CONDITIONS OF THE ONLINE STORE
TABLE OF CONTENTS:
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GENERAL PROVISIONS
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ELECTRONIC SERVICES IN THE ONLINE STORE
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TERMS AND CONDITIONS FOR CONCLUDING A SALES CONTRACT
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METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
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COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
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COMPLAINT HANDLING PROCEDURE
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WARRANTY
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OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
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RIGHT OF WITHDRAWAL FROM THE CONTRACT
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CONTRACTUAL RIGHT OF WITHDRAWAL FROM THE CONTRACT
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PROVISIONS CONCERNING ENTREPRENEURS
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PERSONAL DATA IN THE ONLINE STORE
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PRODUCT REVIEWS
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ILLEGAL CONTENT AND OTHER CONTENT INCONSISTENT WITH THE TERMS AND CONDITIONS
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FINAL PROVISIONS
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MODEL WITHDRAWAL FORM
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ACCESSIBILITY DECLARATION
The Online Store www.bookomania.store respects consumer rights. A consumer may not waive the rights granted to them under the Consumer Rights Act. Contractual provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted under mandatory provisions of law, and any doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above-mentioned regulations, those regulations shall prevail and be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at www.bookomania.store is operated by Przedsiębiorstwo Handlowo-Usługowe COMFORT SERVICE Zuzanna Jankowska with its registered office in Słomniki (registered office and correspondence address: Wężerów 102B, 32-090, Słomniki); NIP 6821811429, REGON 542883244, e-mail address: sklepbookomania@gmail.com, telephone number: +48730672374
1.2. These Terms and Conditions are addressed both to consumers and to entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions provides otherwise.
1.3. The administrator of personal data processed in the Online Store in connection with the implementation of these Terms and Conditions is the Seller. Personal data are processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy contains in particular the principles regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of personal data processing, as well as the rights of data subjects, and information regarding the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.4.3. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Contract, including the method of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – who has concluded or intends to conclude a Sales Contract with the Seller.
1.4.5. CIVIL CODE – the Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT – an Electronic Service, a set of resources in the Service Provider’s ICT system, identified by an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by them in the Online Store are stored.
1.4.7. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, enabling all Service Recipients using it to automatically receive periodic content of subsequent editions of the newsletter containing information about Products, new items and promotions in the Online Store.
1.4.8. PRODUCT – a movable item available in the Online Store that is the subject of a Sales Contract between the Customer and the Seller.
1.4.9. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
1.4.10. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
1.4.11. ONLINE STORE – the online store of the Service Provider available at: www.bookomania.store.
1.4.12. SELLER; SERVICE PROVIDER – Przedsiębiorstwo Handlowo-Usługowe COMFORT SERVICE Zuzanna Jankowska with its registered office in Słomniki (registered office and correspondence address: Wężerów 102B, 32-090, Słomniki); NIP 6821811429, REGON 542883244, e-mail address: sklepbookomania@gmail.com, telephone number: +48730672374
1.4.13. SALES CONTRACT – a contract for the sale of a Product concluded or to be concluded between the Customer and the Seller via the Online Store.
1.4.14. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.15. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – using or intending to use an Electronic Service.
1.4.16. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended).
1.4.17. ORDER – a declaration of intent by the Customer submitted via the Order Form and aimed directly at concluding a Sales Contract for a Product with the Seller.
1.4.18. ELECTRONIC DOCUMENT – an electronic invoice for companies conducting business activity or an electronic receipt for natural persons not conducting business activity.
1.4.19. DIGITAL SERVICES ACT, DSA – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1–102).
1.4.20. ILLEGAL CONTENT – information which, in itself or by reference to an activity, including the sale of Products or the provision of Electronic Services, is not compliant with European Union law or the law of any Member State that is compliant with European Union law, regardless of the specific subject matter or nature of that law.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. In the Online Store, the following Electronic Services are available: Account, Order Form and Newsletter.
2.1.1. Account – use of the Account is possible after completing the following two consecutive steps by the Service Recipient – (1) completing the Registration Form, (2) clicking the “Create account” field. In the Registration Form, the Service Recipient is required to provide the following data: first and last name, e-mail address and password.
2.1.1.1. The Electronic Service Account is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: sklepbookomania@gmail.com or in writing to: Wężerów 102B, 32-090, Słomniki.
2.1.2. Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. Placing an Order takes place after the Customer completes the following two consecutive steps – (1) completing the Order Form and (2) clicking the “Order and pay” field on the Online Store website after completing the Order Form – until that moment it is possible to independently modify the entered data (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, the Customer is required to provide the following data: first and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact phone number and data concerning the Sales Contract: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and VAT ID number.
2.1.2.1. The Electronic Service Order Form is provided free of charge and is of a one-time nature and is completed upon placing the Order via it or upon earlier discontinuation of placing the Order via it by the Service Recipient.
2.1.3. Newsletter – use of the Newsletter occurs after entering the e-mail address to which subsequent editions of the Newsletter are to be sent in the “Newsletter” tab visible on the Online Store website and clicking the “Subscribe” field. You may also subscribe to the Newsletter by selecting the appropriate checkbox when creating an Account or placing an Order – upon creating an Account or placing an Order, the Service Recipient is subscribed to the Newsletter.
2.1.3.1. The Electronic Service Newsletter is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to: sklepbookomania@gmail.com or in writing to: Wężerów 102B, 32-090, Słomniki.
2.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the saving of Cookies and support for Javascript in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, with due regard for respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state of affairs. The Service Recipient is prohibited from providing unlawful content.
2.4. The complaint procedure concerning Electronic Services is indicated in point 6 of the Terms and Conditions.
3. TERMS AND CONDITIONS FOR CONCLUDING A SALES CONTRACT
3.1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
3.2. The price of the Product displayed on the Online Store website is given in Polish zloty and includes taxes. The Customer is informed on the Online Store pages during the Order placement process, including at the moment of expressing the will to be bound by the Sales Contract, about the total price including taxes of the Product being the subject of the Order, as well as about delivery costs (including transport, delivery and postal service fees) and about other costs, and where the amount of these fees cannot be determined – about the obligation to pay them.
3.2.1. The Seller may apply individual price adjustment of a Product in the Online Store based on automated decision-making, which consists in differentiating the prices of Products displayed to Customers depending on the source from which the Customer accessed the Product page. In the case of a Customer redirected to the Online Store via an advertisement displayed on an external website or application, the Product price will be automatically adjusted to the price that the Customer could have expected in accordance with the information presented in the displayed advertisement.
3.3. Procedure for concluding a Sales Contract in the Online Store using the Order Form
3.3.1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has previously placed an Order in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending the Customer an appropriate e-mail message to the e-mail address provided during the Order placement, which contains at least the Seller’s statements on receipt of the Order and acceptance for execution, as well as confirmation of the conclusion of the Sales Contract. Upon receipt of the above e-mail message by the Customer, the Sales Contract between the Customer and the Seller is concluded.
3.4. Recording, securing and making available to the Customer the content of the concluded Sales Contract takes place by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2 of the Terms and Conditions. The content of the Sales Contract is additionally recorded and secured in the Seller’s Online Store IT system.
3.5. As proof of purchase, the Seller will issue the Customer an electronic document, which will be sent to the Customer by e-mail in PDF format to the e-mail address provided in the Order. The date of sale corresponds to the date the goods are released from the warehouse for shipment.
4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following methods of payment under the Sales Contract:
4.1.1. Payment by bank transfer to the Seller’s bank account.
4.1.2. Electronic payments and payment cards via www.stripe.com – the currently available payment methods are specified on the Online Store website in the information tab regarding payment methods and on the website http://www.stripe.com.
4.1.2.1. Settlement of transactions using electronic payments and payment cards is carried out in accordance with the Customer’s choice via stripe.com. The handling of electronic payments and payment cards is provided by:
4.1.2.1.1. stripe.com – Stripe Payments Sp. z o.o. with its registered office in Warsaw (registered office address: UL. LUDWIKA WARYŃSKIEGO 3A, 00-645 Warsaw), entered in the Register of Entrepreneurs of the National Court Register under number 0000937028, NIP: 7011062474, REGON: 520642121.
4.1.3. The Customer may make payments to the Seller using payment cards or electronic payments in a simplified form, i.e. without the need to provide all payment card details each time, without the need to log in to electronic banking each time or provide additional authentication data. The payment token is generated based on the payment card data provided by the Customer within the Stripe service, the Customer’s consent expressed in electronic banking or on a mobile device.
4.2. Payment deadline:
4.2.1. In the case of choosing payment by bank transfer, electronic payments or payment card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Contract.
5. COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Delivery of the Product is available within the territory of the Republic of Poland.
5.2. Delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise. The costs of delivery of the Product (including transport, delivery and postal service fees) are indicated to the Customer on the Online Store pages in the information tab regarding delivery costs and during the Order placement process, including at the moment of expressing the will to be bound by the Sales Contract.
5.3. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.3.1. Courier shipment, shipment to package locker.
5.4. The delivery time of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of a given Product or during the Order placement process. In the case of Products with different delivery times, the delivery time shall be the longest indicated period, which may not exceed 7 Business Days. The beginning of the delivery period of the Product to the Customer is calculated as follows:
5.4.1. In the case of choosing payment by bank transfer, electronic payments or payment card – from the date of crediting the Seller’s bank or settlement account.
6. COMPLAINT HANDLING PROCEDURE
6.1. This point 6 of the Terms and Conditions defines a complaint handling procedure common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Contracts, Electronic Services and other complaints related to the Seller’s or the Online Store’s operation.
6.2. The basis and scope of liability are defined by generally applicable provisions of law, in particular the Civil Code, the Consumer Rights Act and the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
6.2.1. Detailed provisions concerning complaints about a Product – a movable item – purchased by the Customer on the basis of a Sales Contract concluded with the Seller until 31 December 2022 are defined by the provisions of the Civil Code in the wording applicable until 31 December 2022, in particular Articles 556–576 of the Civil Code. These provisions define in particular the basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty). The Seller is obliged to deliver a Product free from defects. 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 towards a Customer who is not a consumer is excluded.
6.2.2. Detailed provisions concerning complaints about a Product – a movable item (including a movable item with digital elements), excluding, however, a movable item that serves exclusively as a carrier of digital content – purchased by the Customer on the basis of a Sales Contract concluded with the Seller from 1 January 2023 are defined by the provisions of the Consumer Rights Act in the wording applicable from 1 January 2023, in particular Articles 43a–43g of the Consumer Rights Act. These provisions define in particular the basis and scope of the Seller’s liability towards the consumer in the event of non-conformity of the Product with the Sales Contract.
6.2.3. Detailed provisions concerning complaints about a Product – digital content or a digital service or a movable item that serves exclusively as a carrier of digital content – purchased by the Customer on the basis of a Sales Contract concluded with the Seller from 1 January 2023 or before that date, if delivery of such a Product was to take place or took place after that date, are defined by the provisions of the Consumer Rights Act in the wording applicable from 1 January 2023, in particular Articles 43h–43q of the Consumer Rights Act. These provisions define in particular the basis and scope of the Seller’s liability towards the consumer in the event of non-conformity of the Product with the Sales Contract.
6.3. A complaint may be submitted, for example:
6.3.1. in writing to the address: Wężerów 102B, 32-090, Słomniki;
6.3.2. electronically via e-mail to the address: sklepbookomania@gmail.com.
6.4. Sending or returning a Product as part of a complaint may take place to the address: Wężerów 102B, 32-090, Słomniki.
6.5. It is recommended to include in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity or non-conformity with the contract; (2) a request for the method of bringing the Product into conformity with the contract or a statement of price reduction or withdrawal from the contract or another claim; and (3) contact details of the complainant – this will facilitate and speed up the complaint handling. The requirements indicated in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
6.6. If the complainant’s contact details change during the complaint handling process, they are obliged to notify the Seller thereof.
6.7. Evidence (e.g. photos, documents or the Product) related to the subject of the complaint may be attached by the complainant. The Seller may also request the complainant to provide additional information or evidence (e.g. photos) if this facilitates and speeds up the complaint handling.
6.8. The Seller shall respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
7. WARRANTY
7.1. Products available in the Online Store may be covered by a warranty granted by the manufacturer. If a Product is covered by a warranty, relevant information is included in the Product description.
8. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
8.1. Detailed information regarding the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
8.2. A contact point also operates at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose tasks include providing assistance to consumers in matters relating to out-of-court consumer dispute resolution.
8.3. The consumer has the following exemplary options for using out-of-court methods of handling complaints and pursuing claims: (1) submitting an application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) submitting an application for out-of-court dispute resolution to a provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the Seller’s place of business); and (3) assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Polish Consumers Association). Advice is provided, among others, by e-mail at porady@dlakonsumentow.pl and via the consumer hotline number 801 440 220 (hotline available on Business Days from 8:00 a.m. to 6:00 p.m., call charged according to the operator’s tariff).
9.RIGHT OF WITHDRAWAL FROM THE CONTRACT
9.1. A Consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 9.8 of the Regulations. To meet the deadline, it is sufficient to send the statement before its expiry. The statement of withdrawal from the contract may be submitted, for example:
9.1.1. in writing to the address: Wężerów 102B, 32-090, Słomniki;
9.1.2. electronically via e-mail to the address: sklepbookomania@gmail.com.
9.2. The return of the Product – movable goods (including movable goods with digital elements) as part of withdrawal from the contract may be made to the address: Wężerów 102B, 32-090, Słomniki.
9.3. A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in point 14 of the Regulations. The Consumer may use the sample form, but this is not mandatory.
9.4. The withdrawal period begins:
9.4.1. for a contract under which the Seller delivers the Product, being obliged to transfer its ownership – from the moment the Product is taken into possession by the consumer or a third party indicated by the consumer other than the carrier, and in the case of a contract which: (1) covers multiple Products delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a fixed period – from taking possession of the first of the Products;
9.4.2. for other contracts – from the date of conclusion of the contract.
9.5. In the event of withdrawal from a distance contract, the contract shall be deemed not concluded.
9.6. Products – movable goods, including movable goods with digital elements:
9.6.1. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the Consumer’s statement of withdrawal from the contract, refund to the Consumer all payments made by the Consumer, including the costs of delivery of the Product – movable goods, including movable goods with digital elements (except for additional costs resulting from the Consumer’s chosen method of delivery other than the cheapest ordinary delivery method available in the Online Store). The Seller shall make the refund using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to another method of refund that does not involve any costs for the Consumer. In the case of Products – movable goods (including movable goods with digital elements) – if the Seller has not offered to collect the Product from the Consumer, the Seller may withhold the refund of payments received from the Consumer until the Product is returned or the Consumer provides proof of having sent it back, whichever occurs first.
9.6.2. In the case of Products – movable goods (including movable goods with digital elements) – the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, no later than within 14 calendar days from the date on which the Consumer withdrew from the contract, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to send the Product back before its expiry.
9.6.3. The Consumer shall be liable for any reduction in the value of the Product – movable goods (including movable goods with digital elements) – resulting from its use in a manner exceeding what is necessary to establish the nature, characteristics and functioning of the Product.
9.7. Products – digital content or digital services:
9.7.1. In the event of withdrawal from a contract for the supply of a Product – digital content or a digital service – from the date of receipt of the Consumer’s statement of withdrawal from the contract, the Seller may not use content other than personal data provided or created by the Consumer in the course of using the Product – digital content or digital service – supplied by the Seller, except for content which: (1) is useful solely in connection with the digital content or digital service which was the subject of the contract; (2) relates exclusively to the Consumer’s activity during the use of the digital content or digital service supplied by the Seller; (3) has been combined by the entrepreneur with other data and cannot be separated from them or can be separated only with disproportionate effort; (4) has been created by the Consumer jointly with other Consumers who may continue to use it. Except for the cases referred to above in points (1)–(3), the Seller shall, at the Consumer’s request, make available to the Consumer content other than personal data that was provided or created by the Consumer during the use of the digital content or digital service supplied by the Seller. In the event of withdrawal from the contract, the Seller may prevent the Consumer from further use of the digital content or digital service, in particular by preventing access to the digital content or digital service or by blocking the user account, which does not affect the Consumer’s rights referred to in the previous sentence. The Consumer has the right to recover digital content from the Seller free of charge, without obstacles from the Seller, within a reasonable time and in a commonly used machine-readable format.
9.7.2. In the event of withdrawal from a contract for the supply of a Product – digital content or a digital service – the Consumer is obliged to cease using such digital content or digital service and to refrain from making it available to third parties.
9.8. Possible costs related to the Consumer’s withdrawal from the contract which the Consumer is obliged to bear:
9.8.1. In the case of Products – movable goods (including movable goods with digital elements) – if the Consumer has chosen a method of delivery of the Product other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by the Consumer.
9.8.2. In the case of Products – movable goods (including movable goods with digital elements) – the Consumer bears the direct costs of returning the Product.
9.8.3. In the case of a Product – a service, the performance of which – at the express request of the Consumer – began before the expiry of the withdrawal period, the Consumer who exercises the right of withdrawal after submitting such a request is obliged to pay for the services provided up to the moment of withdrawal from the contract. The amount payable is calculated proportionally to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
9.9. The right of withdrawal from a distance contract shall not be granted to the Consumer in relation to contracts:
9.9.1. (1) for the provision of services for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the Consumer’s express and prior consent, who was informed before the commencement of the service that after the Seller has fully performed the service the Consumer would lose the right of withdrawal and acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period; (3) in which the subject of the service is a Product – movable goods (including movable goods with digital elements) – non-prefabricated, manufactured according to the Consumer’s specifications or serving to satisfy the Consumer’s individualized needs; (4) in which the subject of the service is a Product – movable goods (including movable goods with digital elements) – which deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product – movable goods (including movable goods with digital elements) – delivered in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service is Products – movable goods (including movable goods with digital elements) – which, after delivery, due to their nature, become inseparably combined with other movable goods, including movable goods with digital elements; (7) in which the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Contract, the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the Consumer has expressly requested the Seller to visit the Consumer for the purpose of urgent repair or maintenance; if the Seller additionally provides services other than those requested by the Consumer, or delivers Products – movable goods (including movable goods with digital elements) – other than spare parts necessary to perform the repair or maintenance, the right of withdrawal shall apply to such additional services or Products; (9) in which the subject of the service is sound or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by way of a public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies a specific date or period of performance; (13) for the supply of digital content not supplied on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller commenced performance with the Consumer’s express and prior consent, who was informed before the commencement of performance that after the Seller has performed the service the Consumer would lose the right of withdrawal and acknowledged this, and the Seller provided the Consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; (14) for the provision of services for which the Consumer is obliged to pay the price, in cases where the Consumer expressly requested the Seller to visit the Consumer for the purpose of carrying out a repair, and the service has already been fully performed with the Consumer’s express and prior consent.
9.10. The provisions contained in this point 9 of the Regulations concerning the Consumer shall apply from 1 January 2021 and, for contracts concluded from that date, also to a Service Recipient or Client who is a natural person concluding a contract directly related to their business activity, where the content of the contract indicates that it does not have a professional character for that person, resulting in particular from the subject of the business activity performed by them, disclosed pursuant to the provisions on the Central Registration and Information on Business Activity.
10.CONTRACTUAL RIGHT OF WITHDRAWAL FROM THE CONTRACT
10.1. Independently of the statutory right of withdrawal from the contract without giving a reason referred to in point 9 of the Regulations and the right to submit a complaint referred to in point 6 of the Regulations, a Client who is a Consumer and who has concluded a Sales Contract for a Product may exercise the contractual right of withdrawal from the contract under the principles set out in this point of the Regulations.
10.2. The right referred to in point 10 of the Regulations is possible only by using the website available at the address: returns Bookomania.
10.2.1. In the event of failure to use the website referred to in point 10.2 of the Regulations, the Seller is entitled to refuse acceptance of the return under the contractual right of withdrawal referred to in point 10 of the Regulations.
10.3. Under the contractual right of withdrawal, the Consumer may withdraw from the Sales Contract for the Product without giving a reason also after the expiry of the 14-day withdrawal period specified in point 8 of the Regulations, but before the expiry of 30 calendar days from the date of receipt of the Product, provided that the following requirements are jointly met by the Consumer: (1) no signs of use or damage to the returned Product; and (2) return of the Product in the original packaging (in the case of foil-wrapped products – including shrink wrap – leaving the wrapping intact) in which it was delivered by the Seller.
10.4. To meet the deadline for withdrawal from the Sales Contract in accordance with this point of the Regulations, it is necessary that the Seller receives the Consumer’s statement of withdrawal together with the returned Product before the expiry of the deadline.
10.5. In the event that the Consumer exercises the contractual right of withdrawal in accordance with this point of the Regulations, the Seller shall refund the Consumer the price of the Sales Contract, excluding the costs of delivery of the Product to the Consumer.
10.6. The Consumer shall be liable for any reduction in the value of the Product, including that resulting from damage to the original tags, labels and packaging of the Product.
10.7. In matters not regulated in this point, point 9 of the Regulations concerning the statutory right of withdrawal shall apply accordingly, in particular with regard to the commencement of the withdrawal period, the effects and costs of withdrawal, and exceptions to the right of withdrawal.
11.PROVISIONS CONCERNING ENTREPRENEURS
11.1. This point 11 of the Regulations and all provisions contained herein are addressed to and therefore bind exclusively the Client or Service Recipient who is not a Consumer, and from 1 January 2021 and for contracts concluded from that date also not being a natural person concluding a contract directly related to their business activity, where the content of the contract indicates that it does not have a professional character for that person, resulting in particular from the subject of the business activity performed by them, disclosed pursuant to the provisions on the Central Registration and Information on Business Activity.
11.2. The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Contract in this case may take place without giving any reason and shall not give rise to any claims on the part of the Client against the Seller.
11.3. The Seller has the right to limit available payment methods, including requiring prepayment in full or in part, regardless of the payment method chosen by the Client and the fact of concluding the Sales Contract.
11.4. The Service Provider may terminate the agreement for the provision of the Electronic Service with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.
11.5. The liability of the Service Provider/Seller towards the Service Recipient/Client, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Contract, but not more than the amount of one thousand Polish zlotys. The monetary limitation referred to in the previous sentence applies to all claims made by the Service Recipient/Client against the Service Provider/Seller, including in the case of failure to conclude a Sales Contract or claims unrelated to the Sales Contract. The Service Provider/Seller shall be liable towards the Service Recipient/Client only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for delays in shipment transport.
11.6. Any disputes arising between the Seller/Service Provider and the Client/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
11.7. The Seller’s liability under warranty for the Product or for non-conformity of the Product with the Sales Contract is excluded.
11.8. The Seller shall respond to complaints within 30 calendar days from the date of their receipt.
12.PERSONAL DATA IN THE ONLINE STORE
12.1. The administrator of personal data of Service Recipients/Clients (hereinafter referred to as the “Administrator”) collected via the Online Store is the Seller. You may contact the Administrator by writing to: sklepbookomania@gmail.com or in writing to the address: Wężerów 102, 32-090, Słomniki. The Administrator has also appointed a person responsible for contact with data subjects. Contact with this person is possible at the address: sklepbookomania@gmail.com.
12.2. Your data will be processed:
12.2.1. for the purpose of providing electronic services, purchasing and reserving products, providing contact forms, handling complaints – the legal basis for processing is the necessity of processing for the performance of a contract (Article 6(1)(b) GDPR). With regard to data provided voluntarily, the legal basis for processing is consent (Article 6(1)(a) GDPR);
12.2.2. for the purpose of fulfilling statutory obligations incumbent on the Administrator arising from generally applicable provisions of law, including in particular tax regulations and accounting regulations – the legal basis for processing is a legal obligation (Article 6(1)(c) GDPR); for analytical and statistical purposes, in order to improve applied functionalities and services – the legal basis for processing is the legitimate interest of the Administrator (Article 6(1)(f) GDPR);
12.2.3. for the purpose of directing marketing content of the Administrator’s own services in a manner to which you have consented – the legal basis for processing personal data is the legitimate interest of the Administrator (Article 6(1)(f) GDPR); the legitimate interest of the Administrator consists in sending marketing content of its own services during the period of providing electronic services to you by mail and additionally in a manner to which you have consented;
12.2.4. for the purpose of possible establishment and pursuit of claims or defense against them – the legal basis for processing is the legitimate interest of the Administrator (Article 6(1)(f) GDPR) consisting in the protection of its rights.
12.3. Providing personal data is not mandatory; however, failure to provide it will result in the inability to conclude and perform the Contract.
12.4. The period of data processing by the Administrator depends on the type of service provided and the purpose of processing. As a rule, data is processed for the duration of the service provision or order fulfillment, until withdrawal of consent or submission of an effective objection to data processing in cases where the legal basis for processing is the legitimate interest of the Administrator (Article 6(1)(f) GDPR).
12.5. The period of data processing may be extended if processing is necessary to establish and pursue possible claims or to defend against them, and thereafter only if and to the extent required by law.
12.6. In accordance with applicable law, we may transfer your data to entities processing it on our behalf, e.g. accounting offices, subcontractors of our services, and entities authorized to obtain data under applicable law, e.g. courts or law enforcement authorities.
12.7. The Administrator will not transfer your data to a third country or to international organizations.
12.8. You have the right to request access to your data from the Administrator, as well as to rectify, transfer and delete it, and the right to restrict data processing.
12.9. You have the right to lodge a complaint with the President of the Personal Data Protection Office if you believe that the processing of your personal data violates the law.
12.10. In order to carry out marketing activities, the Administrator in some cases uses profiling. This means that through automated data processing, the Administrator evaluates selected factors relating to individuals in order to analyze their behavior or create forecasts for the future.
12.11. More details regarding the principles of processing your personal data can be found in the PRIVACY POLICY.
13.PRODUCT REVIEWS
13.1. The Seller enables its Clients to post and access reviews of Products and of the Online Store under the principles set out in this point of the Regulations.
13.2. Posting a review by a Client is possible after using a form enabling the addition of a review of a Product or the Online Store. This form may be made available directly on the Online Store website (including via an external widget) or may be provided via an individual link received by the Client after purchase at the e-mail address provided by the Client. By adding a review, the Service Recipient may also add a graphic rating or a photo of the Product – if such an option is available in the review form.
13.3. The Seller enables posting of review types marked as “Verified Client”, “Unverified Client” and “Verified Review”.
13.3.1. “Verified Client” is a review posted by a Client who has an Account and has concluded a Sales Contract with the Seller in the Online Store and the Online Store itself. Such a review may be posted in accordance with the procedure set out in the Regulations only by a reviewer who has actually made a purchase in the Online Store and is a Client with an Account. Such a review is marked as “Verified Client”. Such reviews are verified by the Seller to determine whether the reviewer has actually made a purchase in the Online Store in accordance with the procedure set out in the Regulations.
13.3.2. “Unverified Client” is a review posted by a Client, but the Seller does not verify or is unable to verify whether the reviewer has actually made a purchase in the Online Store – unverified reviews are posted using the review form or a general link to the review form and may include reviews from both persons who have made a purchase in the Online Store and persons who have not made a purchase in the Online Store.
13.3.3. Such a review is marked as “Unverified Client”. Such reviews are not verified by the Seller as to whether the reviewer has actually made a purchase in the Online Store.
13.3.4. “Verified Review” is an additional designation placed with the status referred to in points 12.3.1 and 12.3.2 of the Regulations and means that the Seller has confirmed the content of the review as relating to a given Product and containing elements of its review.
13.4. Publication of a review submitted via a form available directly on the Online Store website requires prior verification by the Seller. Verification consists in checking the review’s compliance with the Regulations, in particular checking whether the reviewer is a Client of the Online Store – in this case, the Seller checks whether the person has made a purchase in the Online Store, and in the case of a Product review also checks whether the reviewed Product was purchased. Verification is carried out without undue delay.
13.5. The Seller sends its Clients (including via an external review collection service with which it cooperates) an individual link to the e-mail address provided at the time of purchase – in this way, access to the review form is granted only to a Client who has purchased a Product in the Online Store.
13.6. In the event of the Seller’s doubts or reservations raised by other Clients or third parties as to whether a given review originates from a Client or whether a given Client purchased a given Product, the Seller reserves the right to contact the author of the review in order to clarify and confirm that the author is in fact a Client of the Online Store or has purchased the reviewed Product.
13.7. Adding reviews by Clients may not be used for unlawful actions, in particular actions constituting an act of unfair competition or actions infringing personal rights, intellectual property rights or other rights of the Seller or third parties. When adding a review, the Client is obliged to act in accordance with the law, these Regulations and good practices.
13.8. Reviews may be made available directly on the Online Store website (e.g. for a given Product) or in an external review collection service with which the Seller cooperates and to which it refers on the Online Store website (including via an external widget placed on the Online Store website).
13.9. Any comments, appeals against review verification, or reservations as to whether a given review originates from a Client or whether a given Client purchased a given Product may be submitted in a manner analogous to the complaint procedure set out in point 6 of the Regulations.
13.10. The Seller does not post or commission the posting of false reviews or recommendations of Clients and does not distort reviews or recommendations of Clients in order to promote its Products. The Seller provides both positive and negative reviews.
13.11. Reviews that do not pass verification and do not concern a purchased product or do not constitute reviews are not published.
14.ILLEGAL CONTENT AND OTHER CONTENT INCONSISTENT WITH THE REGULATIONS
14.1. This point of the Regulations contains provisions resulting from the Digital Services Act in the scope concerning the Online Store and the Service Provider. As a rule, the Service Recipient is not obliged to provide content when using the Online Store, unless the Regulations require the provision of specific data (e.g. data necessary to place an Order). The Service Recipient may have the possibility to add a review or comment in the Online Store using tools provided for this purpose by the Service Provider. In each case of providing content by the Service Recipient, they are obliged to comply with the rules set out in the Regulations.
14.2. CONTACT POINT – The Service Provider designates the e-mail address sklepbookomania@gmail.com as a single contact point. The contact point enables direct communication between the Service Provider and the authorities of the Member States, the European Commission and the Digital Services Board, and at the same time enables recipients of the service (including Service Recipients) to communicate directly, quickly and conveniently with the Service Provider by electronic means, for the purposes of applying the Digital Services Act. The Service Provider indicates Polish and English as the languages for communication with its contact point.
14.3. Procedure for reporting Illegal Content and actions in accordance with Article 16 of the Digital Services Act:
14.3.1. Any person or entity may notify the Service Provider at the e-mail address sklepbookomania@gmail.com of the presence of specific information that such person or entity considers to be Illegal Content.
14.3.2. The notification should be sufficiently precise and properly substantiated. For this purpose, the Service Provider enables and facilitates the submission of notifications to the above e-mail address containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where appropriate, additional information enabling identification of the Illegal Content, depending on the type of content and the specific type of service; (3) the name and surname or name and e-mail address of the person or entity submitting the notification, except for notifications concerning information considered to be related to one of the crimes referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good-faith belief of the person or entity submitting the notification that the information and allegations contained therein are accurate and complete.
14.3.3. A notification referred to above shall be considered as giving rise to actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act with regard to the information concerned, if it enables the Service Provider acting with due diligence to identify – without detailed legal analysis – the illegal nature of the activity or information.
14.3.4. If the notification contains electronic contact details of the person or entity who submitted the notification, the Service Provider shall, without undue delay, send such person or entity an acknowledgement of receipt of the notification. The Service Provider shall also, without undue delay, inform such person or entity of its decision regarding the information concerned by the notification, providing information on the possibilities of appeal against the decision taken.
14.3.5. The Service Provider shall process all notifications received under the mechanism referred to above and take decisions regarding the information to which the notifications relate in a timely, non-arbitrary and objective manner, exercising due diligence. If, for the purposes of such processing or decision-making, the Service Provider uses automated means, it shall include information on this in the notification referred to in the previous point.
14.4. Information on restrictions imposed by the Service Provider in connection with the use of the Online Store with regard to information provided by Service Recipients:
14.4.1. The following rules apply to Service Recipients when providing any content within the Online Store:
14.4.1.1. the obligation to use the Online Store, including posting content (e.g. reviews or comments), in accordance with its intended purpose, these Regulations and in a lawful manner and in accordance with good practices, taking into account respect for personal rights and copyright and intellectual property rights of the Service Provider and third parties;
14.4.1.2. the obligation to provide content consistent with the facts and not misleading;
14.4.1.3. the prohibition of providing unlawful content, including the prohibition of providing Illegal Content;
14.4.1.4. the prohibition of sending unsolicited commercial information (spam) via the Online Store;
14.4.1.5. the prohibition of providing content that violates generally accepted rules of netiquette, including vulgar or offensive content;
14.4.1.6. the obligation to possess – where necessary – all required rights and permissions to provide such content on the Online Store website, in particular copyrights or required licenses, permissions and consents for their use, distribution, sharing or publication, especially the right to publish and distribute in the Online Store and the right to use and distribute an image or personal data in the case of content that includes images or personal data of third parties;
14.4.1.7. the obligation to use the Online Store in a manner that does not pose a threat to the security of the Service Provider’s IT system, the Online Store or third parties.
14.4.2. The Service Provider reserves the right to moderate content provided by Service Recipients on the Online Store website. Moderation is carried out in good faith and with due diligence, either on the Service Provider’s own initiative or upon receipt of a notification, in order to detect, identify and remove Illegal Content or other content inconsistent with the Regulations, or to disable access to it, or to take necessary measures to comply with the requirements of European Union law and national law consistent with EU law, including the requirements set out in the Digital Services Act, or the requirements contained in the Regulations.
14.4.3. The moderation process may be carried out manually by a human or may rely on automated or partially automated tools facilitating the Service Provider’s identification of Illegal Content or other content inconsistent with the Regulations. After identifying such content, the Service Provider decides whether to remove or disable access to the content or otherwise limit its visibility or take other actions it deems necessary (e.g. contacting the Service Recipient to clarify reservations and amend the content). The Service Provider shall clearly and comprehensibly inform the Service Recipient who provided the content (if their contact details are available) of its decision, the reasons for it, and the available options for appeal.
14.4.4. In exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner, and with due regard for the rights and legitimate interests of all parties involved, including recipients of the service, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.
14.5. Any comments, complaints, claims, appeals or reservations concerning decisions or other actions or omissions taken by the Service Provider on the basis of a received notification or a decision taken in accordance with the provisions of these Regulations may be submitted in a manner analogous to the complaint procedure set out in point 6 of the Regulations. Use of this procedure is free of charge and enables submission of complaints electronically to the provided e-mail address. Use of the reporting and complaint-handling procedure does not prejudice the right of a given person or entity to initiate court proceedings and does not affect their other rights.
14.6. The Service Provider shall consider all comments, complaints, claims, appeals or reservations concerning decisions or other actions or omissions taken by the Service Provider on the basis of a received notification or decision in a timely, non-discriminatory, objective and non-arbitrary manner. If a complaint or other notification contains sufficient grounds for the Service Provider to consider that its decision not to take action in response to a notification is unjustified or that the information concerned by the complaint is not illegal or inconsistent with the Regulations, or contains information indicating that the complainant’s action does not justify the measure taken, the Service Provider shall without undue delay revoke or amend its decision regarding the possible removal or disabling of access to content or otherwise limiting its visibility, or take other actions it deems necessary.
14.7. Service Recipients, persons or entities who have submitted notifications of Illegal Content, to whom the Service Provider’s decisions regarding Illegal Content or content inconsistent with the Regulations are addressed, have the right to choose any out-of-court dispute settlement body certified by the Digital Services Coordinator of a Member State for the purpose of resolving disputes concerning such decisions, including with regard to complaints that have not been resolved within the Service Provider’s internal complaint-handling system.
15.FINAL PROVISIONS
15.1. Contracts concluded via the Online Store are concluded in the Polish language.
15.2. Amendment of the Regulations:
15.2.1. The Service Provider reserves the right to amend the Regulations for valid reasons, i.e.: changes in legal regulations; changes in payment and delivery methods – to the extent that these changes affect the performance of the provisions of these Regulations.
15.2.2. In the case of contracts of a continuous nature concluded on the basis of these Regulations (e.g. provision of an Electronic Service – Account), the amended Regulations shall bind the Service Recipient if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been properly notified of the changes and has not terminated the contract within 15 calendar days from the date of notification. If the amendment of the Regulations results in the introduction of any new fees or an increase in existing fees, the Service Recipient has the right to withdraw from the contract.
15.2.3. In the case of contracts concluded on the basis of these Regulations other than continuous contracts (e.g. Sales Contract), amendments to the Regulations shall not in any way affect the rights acquired by Service Recipients/Clients before the effective date of the amendments, in particular amendments shall not affect Orders already placed or submitted and Sales Contracts already concluded, performed or executed.
15.3. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Providing Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
16.SAMPLE WITHDRAWAL FORM
(APPENDIX NO. 2 TO THE CONSUMER RIGHTS ACT)
Sample withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
– Addressee:
COMMERCIAL AND SERVICE ENTERPRISE COMFORT SERVICE ZUZANNA JANKOWSKA
Wężerów 102B 32-090 Słomniki
bookomania.store
sklepbookomania@gmail.com
RETURN FORM
Subject: Return of order no. [order number]
Dear Sir or Madam,
I hereby inform you of my withdrawal from the sales contract concluded on [order date],
concerning order number [order number].
I am returning the following goods:
[Product name] – [quantity] pcs.
Please refund the paid amount to the following bank account:
Account number: [Your account number]
Full name: [Your full name]
Address: [Your address]
Phone: [Your phone number]
E-mail: [Your e-mail address]
Please refund the paid price for the returned goods.
Yours sincerely,
[Your full name]
COMPLAINT FORM
[Location], [date]
Consumer data:
-
Name: [Your name]
-
Address: [Your address]
-
Phone number: [Your phone number]
-
Email address: [Your email address]
Seller details:
-
Name and address of seller: [Name and address of store/seller]
Complaint about goods
I hereby declare that on [date of purchase] I purchased the following goods in your store: [name of goods] (order/invoice number: [order/invoice number]).
I have found that the goods are faulty. The fault is [detailed description of the fault]. I noticed it on [date of noticing the fault].
Based on the provisions of the Civil Code, invoking the warranty (or: non-conformity of the goods with the contract), I demand:
-
[Select one:] exchange the goods for new ones
-
[Select one:] repair of goods
-
[Select one:] price reduction by [amount] PLN
-
[Select one:] withdraw from the contract and return the amount paid in the amount of [amount] PLN to my account number [IBAN account number]
I expect my complaint to be considered within 14 days.
Attachments: [e.g. copy of proof of purchase]
[Your signature]
