Returns and complaints
Right to Withdraw from Agreement
- Customers who are Consumers and who entered into a remote agreement via the Online Shop shall have the right to withdraw from the agreement within 30 days without stating the reason for their decision. The instruction on the right to withdraw from the agreement, including in particular the information concerning the procedure and the deadline for exercising the right to withdraw from the agreement and the costs of returning the item in the event of such a withdrawal which shall be borne by the Customer, is enclosed herewith as Appendix no. 1.
- The deadline for withdrawing from the agreement shall start on the day on which the Customer or a third party designated by the Customer other than the carrier came into possession of the item. In the case of an agreement concerning a number of items which are shipped separately, in batches or in parts, the deadline for withdrawing from the agreement shall start on the day on which the Customer or a third party designated by the Customer other than the carrier came into possession of the last item, batch or part.
- The Customer may withdraw from the agreement by notifying the Company of his/ her decision by way of an explicit statement, e.g. by way of a letter sent by e-mail at: firstname.lastname@example.org or in writing at the address stated in the introduction hereto with the annotation “Return”. Such notice of withdrawal from the agreement may but does not need to be submitted on the template form of notice of withdrawal from the agreement which is enclosed herewith as Appendix no. 2. Together with the notice of withdrawal, Customers may also send the product return form which shall specify in particular their bank account number and reasons for the withdrawal from the agreement.
- To keep the deadline for the withdrawal from the agreement, the notice of exercising the right to withdraw from the agreement needs to be sent before the expiry of the deadline for the withdrawal from the agreement.
- Upon withdrawal from the agreement, it is considered that the agreement had never been concluded. If the Customer filed the notice of withdrawal from the Agreement before the Company accepted its offer, the offer will cease to be binding.
- In the event the Customer withdraws from the agreement, the Customer is required to return the product immediately, in no event later than within 14 days from the day on which notice of withdrawal from the agreement was given to the Company. To keep the deadline, the Customer shall send the product before the expiry of the 14-day deadline at the address stated in the introduction to these General Terms and Conditions with the annotation “Return”.
- The Customer shall cover the costs of the product return.
- In the event of withdrawal from the agreement, the Company shall promptly, in no event later than within 14 days as of receiving the Customer’s notice of withdrawal from the agreement, return all payments received from the Customer, including the costs of the product delivery, except for additional costs due to the fact that the Customer selected a shipment method other than the cheapest shipment method offered by the Company.
- The payments shall be returned by the Company using the same payment methods as the initial ones used by the Customer, unless the Customer explicitly consent to another solution; in any event, the Customer shall not be charged with any fees in relation to that return.
- The Company may suspend the return of the payments until the Company receives the product or is provided with a document proving it has been sent back, whichever comes first.
- The Customer shall be liable for the decrease in the item’s value caused by using the item in a manner other than to determine the item’s nature, feature or functioning.
- Under consumer law, Customers shall not have the right to withdraw from the agreement concluded via remote channels in the case of the following agreements:
1) an agreement on service provision if the economic operator has completed the service in full upon explicit consent of the customer who had been notified prior to the begin of the service that he/ she shall lose the right to withdraw from the agreement once the economic operator has completed the service;
2) an agreement concerning a non-prefabricated item, an item manufactured or turned around according to the consumer’s specification or used for satisfying the consumer’s individual needs;
3) an agreement concerning perishables or items with short use-by date;
4) an agreement concerning an item delivered in a sealed packaging which may not be returned after unsealing for health protection reasons or for hygienic reasons if the packaging was opened after delivery;
5) an agreement concerning items which, by their nature, are inseparably mixed with other items after delivery.
- The Company is required to provide Customers with products free from any physical or legal defects. The Company is liable to the Customers for any defects of the products.
- Customers may file complaints in writing at the Company’s address stated in the introduction hereto.
- A complaint should contain the following details in particular: name and surname, mailing address, e-mail address at which response should be sent if the Customer wishes to receive a response to the complaint by e-mail, the date of purchasing the products, the type of products complained about, the exact description of the defect and the date of finding the defect, the Customer’s demand, as well as the preferred manner of informing the Customer of the complaint handling process outcome. A proof of purchase should be submitted together with the complaint. A proof of purchase may be submitted in the form of a copy of the receipt or a copy of the invoice, or a printout from the bank account.
- The complaint may be filed using the complaint form which is available in the “Complaints” tab on the Online Shop’s website at www.braceroom.com. It is only a sample complaint form and Customers are not required to use or follow it.
- A Customer who exercises his/ her rights under the statutory warranty for defects (Polish: rękojmia) is required to deliver the faulty product to the Company at the address stated in the introduction hereto.
- The Company shall review and process the complaint without undue delay, however not later than within 14 days of their receipt. The Customer shall be notified of the complaint handling process outcome in accordance with the data submitted in the complaint.
- On the website http://ec.europa.eu/consumers/
odr there is available an online platform that aim is to solve disputies between consumers and entrepreneurs at the European level (ODR platform). ODR platform is the interactive and multilingual website with the professional service for both consumers and entrepreneurs who would like to solve the dispute involving their mutual commitments out of court.