RETURNS AND COMPLAINTS

1. PRODUCT COMPLAINT

1.1 The basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).

1.2 The Seller is obliged to supply the Customer with a defect-free Product.

1.3 A complaint may be lodged by the Customer:

– in writing to the following address: 5G Sarmacka Street, 00-972, Warsaw;

– in electronic form via e-mail to: info@cool5.eu.

1.4 It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request for the method of bringing the Product into conformity with the Sales Agreement or declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence have the form of a recommendation only and shall not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.

1.5 The Seller shall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer, who is a consumer, when exercising the rights under warranty, demanded replacement of the item or removal of the defect or made a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 calendar days, it shall be deemed that the Seller considered the demand as justified.

1.6 The Customer who exercises his/her rights under the warranty shall be obliged to deliver the defective Product to the address: ul. Sarmacka 5G, 00-972, Warsaw. In the case of a Customer who is a consumer, the cost of delivering the Product shall be borne by the Seller. If the delivery of the Product by the Customer who is a consumer would be excessively difficult due to the type of the Product or the way in which it is installed, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

1.7 In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product towards the Customer who is not a consumer is excluded.

2. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THOSE PROCEDURES

2.1 Detailed information on the possibility for a Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

2.2 There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, inter alia, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.

2.3 The consumer has the following examples of out-of-court complaint and redress procedures: (1) an application for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection; and (3) the assistance of a district (city) consumer ombudsman or a social organisation dealing with consumer protection (e.g. Federation of Consumers, Association of Polish Consumers).

3. RIGHT OF WITHDRAWAL

3.1 A consumer who has concluded a distance contract may withdraw from the contract within 14 calendar days without giving any reason. The declaration of withdrawal may be made:

– in writing to the following address: 5G Sarmacka Street, 00-972, Warsaw;
– in electronic form to: info@cool5.eu.

3.2 A sample withdrawal form is available in para. 3.11 Returns and Complaints Policy. The consumer may, but need not, use it.

3.3 The Seller is obliged to reimburse all payments made by the consumer immediately, no later than within 14 calendar days of receipt of the consumer’s declaration of withdrawal. The Seller may withhold reimbursement until it has received the Product or proof of its return.

3.4 The Consumer is obliged to return the Product to the address: ul. Sarmacka 5G, 00-972, Warsaw, no later than within 14 days from the date of withdrawal from the contract.

3.5 The Consumer shall be liable for any diminished value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.