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Delivery and Returns

§ 1 

Delivery

  1. It is possible to pick up in person after discussing the Customer's individual order with the Seller.
  2. The cost of delivery shall be borne by the Customer, unless individual arrangements of the Customer-Seller or the description of the goods provide otherwise.
  3. The cost of delivery includes packaging and transportation of the parcel.
  4. When placing an Order, the Customer is informed about the cost and makes a choice of delivery method.
  5. In the case of shipping abroad, the shipping cost and delivery date are determined individually.
  6. Purchased Goods are delivered by courier companies or through the Polish Post.
  7. The term of realization of the order - standard - is 5 working days, counting from the date established (see item 7 §3 of the Regulations). Realization of Goods on special order is arranged with the Client individually and depends on the type of Order. 
  8. Goods are shipped to the address indicated in the Order form. In the case of a wrongly filled form, when it is impossible to successfully deliver the Order, the Seller will immediately contact the Buyer. 
  9. If prior to the release of the shipment it is found that it has suffered damage during transport, the carrier is obliged to immediately establish by protocol the condition of the shipment and the circumstances under which the damage occurred. The carrier should also do this at the request of the Customer if he claims that the shipment has been tampered with. The danger of accidental loss of or damage to the Goods shall pass to the Customer as soon as the carrier releases the Goods to him.

 

§ 2 

Complaints

  1. The basis and scope of the Seller's liability to the Customer if the sold Goods have a physical or legal defect (warranty) are defined by the generally applicable provisions of law, in particular in the Civil Code (mainly in Articles 556-576 of the Civil Code).
  2. The basis for accepting a complaint is the possession and presentation by the Customer of proof of purchase of the Goods. 
  3. If the realization of an agreed complaint involves sending a new Goods to the Customer, the shipping costs shall be borne by the Seller.
  4. Individual settings of the Client's computer and monitor causing erroneous or distorted display of information about the Goods, including colors, tonality, saturation, sharpness, cannot be the basis for a complaint. At the same time, the Seller will make every effort to ensure that the Goods are of the best possible quality.
  5. If the Goods are inconsistent with the contract, the Customer may demand that the Goods be brought into conformity with the contract by repairing them free of charge or replacing them with new ones, unless repair or replacement are impossible or require excessive costs. In assessing the excessiveness of the costs, the value of the goods in conformity with the contract and the type and degree of non-conformity found shall be taken into account. (Act of July 27, 2002 on specific conditions of consumer sales and amendments to the Civil Code). 
  6. The Seller will notify the Customer of the processing of the complaint and its result by sending a message to the e-mail address provided when placing the Order.

 

§ 3 

Withdrawal from the contract and returns

  1. A customer who has concluded a contract at a distance may, within 14 calendar days, withdraw from it without giving reasons and without incurring costs. The exception is Goods created on the individual order of the Customer. 
  2. The Customer should submit a statement of withdrawal in writing to the address provider in the e-mail; or electronically to: kontakt@monikapoul.com .
  3. The declaration of withdrawal can also be made in the form, the model of which is an appendix to the Consumer Rights Act of May 30, 2014 (orka.sejm.gov.pl/proc7.nsf/ustawy/2076_u.htm )
  4. Returns are accepted only if the Goods are not damaged, originally packed with all documents.
  5. The Seller will return the payment made by the Customer within 14 calendar days. The Seller may withhold the payment refund until it receives the returned Goods.
  6. The Seller shall refund the payment by the same method used by the Customer, unless another method of refund is agreed between the Customer and the Seller.
  7. The Seller does not accept shipments sent COD. The Seller is not obliged to reimburse the Customer for any additional costs incurred by the Customer.
  8. If the performance of an individual design, Goods, which is a service, the performance of which at the request of the Customer began before the expiration of the deadline for withdrawal from the contract, the Customer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the service performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the fulfilled service, taking into account the contractually agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the fulfilled service.
  9. The right of withdrawal from a contract concluded at a distance does not apply to the consumer with regard to contracts:
    • for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the start of the service, that after the performance by the Seller will lose the right to withdraw from the contract;
    • 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 deadline for withdrawal from the contract;
    • in which the subject of performance is a non-refabricated Product, manufactured to the consumer's specifications or serving to meet his individualized needs;
    • in which the subject of performance is a product that deteriorates rapidly or has a short shelf life;
    • in which the subject of performance is a Product delivered in a sealed package that cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
    • in which the subject of the performance are Products, which after delivery, due to their nature, are inseparably combined with other things;
    • in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control;
    • in which the consumer expressly demanded that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products;
    • in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
    • for the supply of newspapers, periodicals or magazines, except for a subscription contract;
    • concluded through a public auction;
    • for the provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
    • for the provision of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the contract.

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