Returns and complaints

DRAFT VERSION - document being completed before sales start. Marked fields require specification.

9 Returns and 30 days to withdraw from the contract

1. The Consumer and the Entrepreneur with consumer rights may withdraw from the sales contract without giving a reason within 30 days of taking possession of the goods by them or a person designated by them other than the carrier. If one contract covers goods delivered separately, in batches or in parts, the deadline is counted from the receipt of the last goods, batch or part.

2. The statutory right of withdrawal for online purchases is generally 14 days. The Seller voluntarily extends the time for submitting the declaration to 30 days, maintaining the rules described in this chapter also for days 15-30. The extension does not limit statutory rights, including the consequences of lack of proper instruction.

3. To report a return, simply send a clear declaration of withdrawal to hello@1991.pl or to the correspondence address in Chapter 1. Please provide your order number or other data allowing you to determine the purchase and indicate the returned products. The return does not require a reason, description of the damage or photos. You can use the form attached, but it is not obligatory. Just send the declaration within 30 days.

4. [TO BE IMPLEMENTED AND SUPPLEMENTED: address of the electronic form or withdrawal function in the Store]. If you use the online form, the Seller immediately confirms receipt of the declaration on a durable medium, e.g. by e-mail. Using the form may not require obtaining the Seller's consent to return.

5. The goods should be sent back or delivered to the returns address indicated in section 1 immediately, no later than within 14 days of withdrawal, unless the Seller has offered to collect them. To meet the deadline, it is enough to send the parcel before its expiry.

6. [TO DECISION: who pays for a regular return. Proposed provision, if the return is subject to payment: "The customer bears the direct cost of returning the goods. The seller does not charge an additional fee for handling the return." If the store provides free returns, replace this provision with free shipping policies. For items that cannot normally be returned by post, please provide the return cost before purchasing.]

7. The Seller returns the received payments immediately, no later than within 14 days of receiving the declaration. If you withdraw from the entire contract, the refund covers the cost of the cheapest standard delivery offered at the time of purchase. The additional cost of the more expensive option selected by the Customer is not refunded. When part of the order is withdrawn, the price of the returned products and delivery costs will be refunded to the extent that they were exclusively related to these products.

8. If the Seller has not offered to collect the goods, he may withhold the refund until receipt of the goods or proof of their return, whichever comes first. The refund is made using the same method as payment, unless the Customer expressly agrees to another free method. The refund is not replaced by a mandatory voucher.

9. The customer can check the nature, features and performance of the product to the extent necessary to evaluate it. He is liable for any reduction in value resulting from use beyond such scope, except in cases provided for by law, in particular the lack of proper notice of withdrawal. Simply opening the packaging of a utensil or kitchen accessory does not exclude the return. The original packaging or receipt are not an absolute condition for accepting the return.

10. The right of withdrawal does not apply in statutory cases, in particular in the case of goods made according to the Customer's specifications or serving his/her individual needs, goods that perish quickly or have a short expiry date, and goods in sealed packaging which, once opened, cannot be returned for reasons of health protection or hygiene, if the packaging was opened after delivery. The same exceptions apply to the extended 30-day period. The exception must actually relate to the product concerned; it does not automatically cover all food or all products that come into contact with food. The customer is informed of the applicable exception before purchase.

11. The right to make a product complaint is independent of the return without giving a reason. The lapse of 30 days does not exclude the possibility of making a complaint about the product.

10 Product complaints

1. The customer may file a complaint about the product, in particular if it is damaged, incomplete, does not work properly or does not have the features specified in the contract. The Seller is liable towards the Consumer and the Entrepreneur with consumer rights for the lack of conformity of the goods with the contract under the provisions of the Consumer Rights Act.

2. The Seller is liable for any lack of conformity existing upon delivery of the goods and discovered within two years of delivery, unless a longer shelf life is specified for the goods. A lack of conformity discovered during this period is deemed to have existed at the time of delivery, unless it is proven otherwise or the presumption is inconsistent with the specificity of the goods or the nature of the non-conformity. This does not limit liability for a fraudulently concealed lack of compliance.

3. Complaints can be submitted by e-mail to hello@1991.pl or in writing to the following address: WE ARE 1991 sp. z o. o., plac Bankowy 2, 00-095 Warsaw. The use of the complaint form is not obligatory.

4. In the notification, please provide your name and surname, response details, order number or other data allowing you to determine the purchase, product name, description of the situation and problem, the moment it was noticed and the customer's request. Please include photos of the entire product and any damage if photographable. Photos help in the assessment, but their absence does not prevent complaints; If necessary, the Seller organizes an inspection of the product at his own expense. The lack of a receipt, original packaging or use of a company form does not in itself constitute grounds for refusing to accept a complaint. The purchase can be proven with other evidence.

5. The customer may request repair or replacement. The Seller may use the second of these methods if the method chosen by the Customer is impossible or would require excessive costs. If both methods are impossible or would require excessive costs, the Seller may refuse to bring the goods into compliance. The assessment takes into account the circumstances of the case, the significance of the problem, the value of the correct goods and the inconvenience for the customer.

6. Repair or replacement shall be made within a reasonable time, without undue inconvenience to the Customer and at the Seller's expense, including materials, labor and transportation. The Customer provides the goods and the Seller collects them at his own expense. [TO BE COMPLETED ORGANIZATIONALLY: return label, ordering a courier or other cost-free procedure for transferring the goods].

7. The Customer may demand a price reduction or withdraw from the contract if the Seller has refused to repair and replace the goods in accordance with the law, has not brought the goods into compliance in accordance with the regulations, the problem persists despite attempts to repair or replace, the lack of compliance is so significant that it justifies the immediate exercise of these rights, or the Seller's declaration or circumstances indicate that the Seller will not remove the problem within a reasonable time or without undue inconvenience.

8. The price reduction is proportional to the difference in the value of the non-conforming and compliant goods. The customer may not withdraw as part of a complaint if the lack of conformity is immaterial; is presumed to be material. If the non-conformity concerns some of the purchased goods, the withdrawal may also cover other goods purchased together which the Customer cannot reasonably be expected to retain without the non-conforming goods.

9. The Seller responds to the complaint within 14 days of its receipt, on paper or another durable medium. Lack of response means acceptance of the Consumer's complaint; the same principle is granted by the Seller to the Entrepreneur with consumer rights. The response deadline is not automatically the repair completion deadline. A request for additional information does not in itself extend the statutory response period.

10. In the event of a price reduction, the amount due is refunded immediately, no later than within 14 days of receiving the declaration. In the event of withdrawal due to non-conformity, the goods are returned immediately at the Seller's expense, and the price is refunded immediately, no later than within 14 days of receipt of the goods or proof of their return. The refund is made using the same method as payment, unless the Customer expressly agrees to another free method.

11. The Customer may refrain from paying the price until the Seller fulfills the obligations arising from Art. 43d and 43e of the Consumer Rights Act. The Seller does not make the acceptance of a complaint conditional on prior contact with the manufacturer or use of the warranty.