COMPLAINTS

1. The basis and scope of the Seller’s liability towards the Customer for the non-compliance of the Product with the Agreement are defined by commonly applicable legal provisions and the provisions of this Regulation.

2. The Seller is obligated to deliver a product without defects.

3. In case of mechanical damage occurring during delivery or if a complaint is made to the Seller, the Buyer should send information about this fact by mail to the following address: Transolutions Łukasz Abramek, ul. Krzywa 18d, 34-400 Nowy Targ, or by email to: dystrybucja@tylko.bio. In the complaint, it is advisable to indicate the defect that the Customer believes the product has, and, if possible, document the defect, the date the defect occurred, the request for the method of bringing the product into compliance with the agreement in accordance with Art. 560 and subsequent provisions of the Civil Code, and provide contact details. These requirements are recommendations, and their absence does not affect the effectiveness of the complaint.

4. The Seller will respond to the complaint within 14 days of receiving it. If the Seller does not respond within this time, it is assumed that the Seller has accepted the complaint as valid.

5. Detailed information regarding the possibility for a Consumer Customer to use extrajudicial methods of handling complaints and claims, and the procedures to access these methods, are available at the offices and websites of district (municipal) consumer advocates, consumer protection organizations, Provincial Inspectorates of Trade Inspection, and on the following websites of the Office for Competition and Consumer Protection:
5.1. http://www.uokik.gov.pl/spory_konsumenckie.php;
5.2. http://www.uokik.gov.pl/sprawy_indywidualne.php;
5.3. http://www.uokik.gov.pl/wazne_adresy.php.

6. A Consumer Customer has, in particular (but not exclusively), the following examples of options to use extrajudicial methods of resolving complaints and claims:

6.1. The Customer has the right to apply to a permanent consumer arbitration court as mentioned in Article 37 of the Act of December 15, 2000, on Trade Inspection (consolidated text: Journal of Laws 2019, item 1668, as amended) to resolve a dispute arising from the Sales Agreement. The rules of organization and operation of permanent consumer arbitration courts are defined by the Minister of Justice's regulation of July 6, 2017, regarding the rules of organization and operation of permanent arbitration courts with provincial trade inspection inspectors (Journal of Laws 2017, item 1356).
6.2. The Customer has the right to apply to the provincial inspector of the Trade Inspection, as per Article 36 of the Act of December 15, 2000, on Trade Inspection (consolidated text: Journal of Laws 2019, item 1668, as amended), for extrajudicial resolution of a dispute between the Customer and the Seller. Information about the rules and procedures for mediation conducted by the provincial trade inspection inspector is available at the offices and websites of individual Provincial Inspectorates of Trade Inspection.
6.3. The Customer may file a complaint through the ODR online platform: http://ec.europa.eu/consumers/odr/. The ODR platform also provides information about forms of extrajudicial dispute resolution that may arise between entrepreneurs and Consumers.
 
WITHDRAWAL FROM THE CONTRACT

1. A Buyer who is a Consumer or an Entrepreneur with consumer rights, who concluded a distance contract or a contract concluded outside the business premises, has the right to withdraw from the sales contract within 14 days from the date the goods are delivered without providing a reason.

2. If the Buyer exercises the right mentioned in the previous point, the Buyer should inform the Seller by submitting a declaration of withdrawal on the form provided by the Seller, which can be sent by mail to: Transolutions Łukasz Abramek, ul. Krzywa 18d, 34-400 Nowy Targ, or electronically by using the electronic withdrawal form sent to the Seller's email address: dystrybucja@tylko.bio. To meet the deadline, it is enough to send the statement before it expires. A statement of withdrawal made after the deadline mentioned in §7 point 7.1 will not have legal consequences.

3. The withdrawal declaration form (Annex No. 1 to these Regulations) is provided to the Buyer in paper form (in the documentation attached to the shipment) and electronically (as an attachment to the email confirming the acceptance of the order for execution).

4. In case of a Consumer or Entrepreneur with consumer rights submitting the withdrawal statement electronically via the electronic withdrawal form, the Seller will immediately send a confirmation of receipt of the withdrawal statement (on a durable medium within the meaning of Article 2, point 4 of the Act of May 30, 2014 – on Consumer Rights).

5. The cost of returning the goods, except in situations mentioned in Article 33 (i.e., in cases of additional costs resulting from the delivery method chosen by the Consumer or Entrepreneur with consumer rights, which is different from the cheapest standard delivery option available in the Online Store) and Article 34, paragraph 2 of the Act of May 30, 2014, on Consumer Rights, is borne by the Seller.

6. The Buyer is obliged to properly secure the returned goods to prevent damage during transport (the direct cost of returning the goods – in accordance with Article 34, paragraph 2 of the Act of May 30, 2014, on Consumer Rights).
The Consumer or Entrepreneur with consumer rights bears the direct cost of returning the goods.
7. The Consumer or Entrepreneur with consumer rights is obliged to return the goods without undue delay, but no later than 14 days from the date of withdrawal from the contract. The Seller may stipulate that in case of withdrawal from the contract, the returned goods will be collected by the Seller or a person authorized by the Seller.

8. If the delivered goods are incomplete or show signs of use beyond ordinary handling, the Seller reserves the right to refuse to accept the shipment or to reduce the refunded amount by the value of the damaged goods.

9. In case of withdrawal from the contract, all payments made by the Buyer, including delivery costs, will be refunded to the Buyer's bank account without undue delay, but no later than 14 days from the date the Seller receives the Buyer's statement of withdrawal from the contract.

10. The Seller declares that the refund mentioned in §7 point 7.9 of the Regulations will be made using the same payment method used by the Buyer. The Seller, in agreement with the Buyer, may agree on another method of refund that will not incur additional costs for the Buyer.

11. The Seller declares that the right to withdraw does not apply to contracts listed in Article 38 of the Act of May 30, 2014, on Consumer Rights.

12. By concluding the contract, the Consumer or Entrepreneur with consumer rights confirms that they have read the content of these Regulations, including confirmation that they have been informed about the right to withdraw from the concluded sales contract within 14 days from the date the goods were delivered.