Returns and complaints

Provisions for withdrawals, returns and complaints - extract from the Terms and Conditions of the "X-booster" online shop:

V. Right of withdrawal

Pursuant to the Consumer Rights Act, a Buyer who is a Consumer or an Entrepreneur with consumer rights - who has concluded a distance contract may, within fourteen (14) days from the date of receipt of the Goods, withdraw from the contract without giving any reason by submitting a declaration of withdrawal to the Seller.
The withdrawal period shall expire after 14 days from the day on which the Buyer has taken possession of the Goods or on which a third party other than the carrier and indicated by you has taken possession of the Goods.
In order to exercise the right of withdrawal, the Buyer should make an unequivocal declaration of withdrawal from a contract concluded at a distance in writing. The declaration should be sent to the address:

LUNA CORPORATE SP Z. O.O in Suchy Las (registered office address: ul. Obornicka 174, 62-002 Suchy Las) or
by electronic means, i.e. in the form of e-mail correspondence to: [email protected].

In order to exercise the right of withdrawal, the Buyer may use the model withdrawal form, but this is not obligatory. The model declaration of withdrawal is attached as Appendix 1 to the Regulations.
In order to comply with the withdrawal period, it is sufficient for the Buyer to send information concerning the exercise of his right of withdrawal before the withdrawal period has expired.
In the event where, within one order, the Buyer has purchased more than one Goods, the withdrawal may relate to all or only the Goods selected by the Buyer, with the proviso that in the event where the Goods are sold as a set, kit or package, the withdrawal is possible in relation to this set, kit or package. In the event of withdrawal from the contract of sale, the contract shall be deemed not concluded in relation to the Goods (set, kit or package), the purchase of which has been withdrawn by the Buyer.
If the Buyer submits a notice of withdrawal electronically, the Seller shall immediately send a confirmation of receipt of the notice of withdrawal (on a permanent data carrier within the meaning of Article 2(4) of the Consumer Rights Act.

VI. Effects of withdrawal

In the case of an effective withdrawal from the contract, the Seller shall return to the Buyer all payments received from him, including the costs of delivering the Goods (except for additional costs resulting from the method of delivery chosen by the Buyer other than the cheapest ordinary method of delivery offered by the Seller) immediately, and in any case no later than 14 days from the day on which the Seller received from the Buyer a declaration of withdrawal from the contract concluded at a distance.
Refunds shall be made using the same means of payment as those used by the Buyer in the transaction for the purchase of the Goods, unless the Buyer has expressly agreed to a different form of refund which incurs no cost to the Buyer. In any event, the Buyer shall not incur any charges in connection with this refund, other than the cost of postage for the returned Goods.
The Buyer shall be obliged to return the Goods immediately, and in any case no later than 14 days from the day on which the Buyer informed the Seller of the withdrawal from the contract. The returned Goods should be sent to the address: LUNA CORPORATE SP Z. O.O with its registered office in Suchy Las (registered office address: ul. Obornicka 174, 62-002 Suchy Las). The deadline is met if the Goods are sent back before the expiry of the 14-day period. The Seller may stipulate that in the event of withdrawal from the contract, the item to be returned shall be collected by him or a person authorised by him.
The Buyer is obliged to adequately secure the Goods to be returned so as to prevent them from being damaged in transit (direct cost of returning the goods - in accordance with Art 34(2) of the Consumer Rights Act). The consumer shall bear the direct cost of returning the Goods.
The Buyer shall only be liable for any diminution in the value of the returned Goods resulting from using them in a manner other than necessary to ascertain the nature, characteristics and functioning of the Goods. If the Goods delivered are incomplete, or bear traces of use beyond the usual range indicated in the sentence above, the Seller reserves the right to refuse to accept the returned Goods, or to reduce the amount returned by the equivalent of the damaged Goods.
The right of withdrawal shall not apply: (a) in the cases specified in Art. 38 of the Act on Consumer Rights, in particular in a situation in which the subject of performance is an item created to the Buyer's specification or serving to satisfy his individualised needs or in which the subject of performance are items which, after delivery, due to their nature, are inseparably connected with other things (b) where a natural person conducting business activity has concluded a contract directly related to his/her business activity, and the contract is of a professional nature for that person resulting in particular from the subject of his/her business activity, which is available in the Central Register and Information on Business Activity.

VII. Complaint procedure

A Buyer who is a consumer or an Entrepreneur on the rights of a consumer, referred to in Article 7aa of the Consumer Rights Act, may file a complaint against the Seller in the event of non-compliance of the Goods with the contract. The legal basis for the complaint is the non-compliance of the Goods (purchased product) with the contract specified in the provisions of the Consumer Rights Act, in particular Chapter 5a of the aforementioned Act.
The provisions of this Chapter shall apply to the Buyers referred to in para. 1 above.
In the event of non-conformity of the Goods with the contract, the Buyer shall have an appropriate claim against the Seller for bringing the Goods into conformity with the contract.
The Seller shall be liable on account of non-compliance of the Goods with the contract if the non-compliance of the Goods with the contract existed at the time of issuing the item (Goods) to the Buyer or was damaged during delivery. The Seller's liability, including the scope and duration, is defined by the provisions of the Consumer Rights Act.
The statement of complaint should be sent to the address: LUNA CORPORATE SP Z. O.O with its registered office in Suchy Las (registered office address: ul. Obornicka 174, 62-002 Suchy Las) or in the form of e-mail correspondence to: [email protected] (in order to facilitate the complaint handling process, the Seller recommends that the Buyer include the order number in the title and write: "complaint").
The Seller recommends that the complaint should contain: name and surname, contact details, order number, description of the transaction which the complaint refers to or other circumstances justifying the complaint, including information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect (if possible documenting the said defect, e.g. in the form of photographs) as well as the specific demand of the Buyer related to the complaint. Providing the above information will facilitate and accelerate the processing of the complaint by the Seller. Complying with the above requirements does not affect the effectiveness of complaints submitted without the above requirements.
If the data or information provided in the complaint needs to be supplemented, the Seller shall request the Buyer making the complaint to supplement it to the extent indicated before the complaint is considered.
The Seller shall consider the complaint within 14 days of its receipt. In the absence of an express statement of the Buyer's preference as to the method of notification of the complaint consideration, the Buyer who has made a complaint in writing shall be notified of its consideration by registered letter to the address specified in the complaint, and in the case of complaints made in the form of electronic mail - by e-mail to the e-mail address specified. If the complaint is rejected, the Seller shall notify the Buyer stating the reasons for this decision. If the Purchaser has requested a replacement of the item or has 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 request within 14 days of its receipt, it shall be deemed that the request is justified.
In the case of acknowledgement of the legitimacy of a complaint submitted, which results in the Seller's obligation to refund all or part of the price paid, the payment shall be refunded using the same means of payment used by the Buyer during the Goods purchase transaction, unless the Buyer has expressly agreed to another form of payment refund, which is not associated with any costs on his part.

VIII. Provisions concerning consumer disputes

If the Seller does not deal with the complaint to the satisfaction of the consumer buyer, the latter may use out-of-court means of dealing with complaints and claims, including:

may refer the matter to the Permanent Consumer Arbitration Court of the Trade Inspection to resolve the dispute;
may apply to the provincial inspector of trade inspection to initiate mediation proceedings for an amicable settlement of the dispute that has arisen;
may make use of the free-of-charge assistance on out-of-court dispute resolution and redress procedures of district (municipal) consumer ombudsmen and social organisations whose statutory tasks include consumer protection;
can use the European ODR (Online Dispute Resolution) platform available at http://ec.europa.eu/consumers/odr/.

Detailed information on the Buyer's possibilities of using out-of-court complaint and redress procedures, as well as the rules of access to these procedures, are available at the offices and websites of the Office of Competition and Consumer Protection, voivodeship inspectorates of the Trade Inspection and district (city) consumer ombudsmen, as well as social organisations whose statutory tasks include the protection of consumer rights.
The above provisions are for information purposes only and do not constitute an obligation on the part of the Seller to use out-of-court dispute resolution procedures. Each time the Seller's statement of consent or refusal to participate in the procedure for out-of-court settlement of consumer disputes is submitted by the Seller on paper or another durable medium in the case when, following a complaint submitted by the Buyer (being a consumer), the dispute has not been resolved.

Annex 1 to the Rules of Procedure

MODEL WITHDRAWAL FORM FROM A DISTANCE SALES CONTRACT

(Online shop x-booster.energy)

[this form must be completed and returned only if you wish to withdraw from the contract].

Vendor (addressee):

Luna Corporate SP Z. O.O based in Suchy Las

registered office address: ul. Obornicka 174, 62-002 Suchy Las,

e-mail address: [email protected],

KRS: 0000873454, NIP: 6751740806, REG: 387707640

WITHDRAWAL DECLARATION

I, the undersigned(1) , hereby give notice of my withdrawal from the contract of sale of the following Goods/goods:

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