Information for the consumer on the right to withdraw from a distance contract
As a consumer, you have the right to withdraw from the contract concluded in the Online Store within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the date on which you came into possession of the item or in which a third party other than the carrier and indicated by you came into possession of the item. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an explicit statement (for example, a letter sent by post or email). You can send the declaration, for example:
- in writing to the following address: 3D Reaktor, Domaniewska street 37A, 02-672 Warsaw;
- in electronic form via e-mail to the following address: email@example.com;
An exemplary model withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available on the Online Store website in the "Withdrawal from the contract" tab. You can use the model withdrawal form, but it is not mandatory.
To keep the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline for it expires.
In case of withdrawal from this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from the delivery method chosen by you other than the cheapest method of delivery offered by us), promptly and in any case not later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will make a refund using the same payment methods that you used in the original transaction, unless you have explicitly agreed otherwise. In any case, you will not incur any fees in connection with this return. We may withhold the return of the payment until you receive the item or until you provide proof of its return, depending on which event occurs first.
If you received the item, please send it back or send it to us at the following address: 3D Reaktor, Domaniewska street 37A, 02-672 Warsaw, immediately, and in any case not later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send back the item before the deadline of 14 days. You will have to bear the direct cost of returning the items. You are only responsible for the reduction in the value of things resulting from the use of it in a different way than was necessary to establish the nature, characteristics and functioning of things.
We care much about your rights, including the right to make a complaint. Below you will find detailed information concerning our liability for the defect of the product sold by us and your rights related to the complaint on the statutory basis - due to the warranty.
Important! Remember that if a product has also been granted a guarantee, you can also file a complaint based on it - in this case, however, the addressee will be the guarantor indicated in the guarantee. The guarantee also defines the scope of your rights each time. Remember that the guarantee entitlement does not affect our liability under the warranty and that the guarantee does not exclude, limit or suspend your rights under the warranty for defects in the item sold
The basis and scope of our liability for product defects under the warranty is determined by the generally applicable provisions of law, in particular the provisions of the Civil Code.
We have an obligation to provide a product without defects. We are responsible, due to the warranty, if the physical defect of the product is found before the expiry of two years from the date of its delivery to the buyer. Important! We are responsible under the warranty for physical defects that existed at the time of transfer of danger to the buyer or resulted from the cause inherent in the thing sold at the same time.
You can make a complaint for example:
- in writing to the following address: Domaniewska street 37A, 02-672 Warsaw;
- in electronic form via e-mail to the following address: firstname.lastname@example.org;
Specify in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) request for a way to bring the product into compliance with the sales contract or a statement of price reduction or withdrawal from the sales contract; and (3) your contact details - it will facilitate and speed up the processing of your complaint. Remember that the requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
When submitting a complaint, you can use our sample complaint form, but it is not mandatory.
The basic rights of the buyer in relation to the complaint of the product
For sales contracts concluded
from December 25, 2014.
In this case, the rights are, in principle, of an equivalent nature, which means that you have the chance to immediately use both the first and second group of rights:
1) Group: price reduction / refund
If the product sold has a defect, you can submit a statement of price reduction or withdrawal from the contract, unless you immediately and without undue inconvenience to you, replace the defective Product with a defect-free one or remove the defect.
Important! This limitation does not apply if the product has already been replaced or repaired by us, or if we have not fulfilled the obligation to replace the product with one that is free from defects or to remove the defect.
Ø If the Customer is a consumer, instead of the removal of a product proposed by us in accordance with the above provisions, request replacement of the product free of defects, or instead of replacing the product, demand removal of the defect, unless it is impossible to bring the product into conformity with the sales agreement or would require excessive costs compared to the proposed method by us.
Important! The customer can not withdraw from the contract if the defect is irrelevant.
1) Group: repair / replacement
If the product sold has a defect, you can request replacement of the product for one free from defects or removal of the defect. However, we may refuse to comply with your request if it is impossible to bring the defective product into conformity with the contract in the manner you have chosen or would require excessive costs compared to the second possible way to bring it into compliance with the contract.
Remember that a customer who exercises warranty rights is obliged to deliver a defective product to us at Domaniewska street 37A, 02-672 Warsaw. If, however, due to the type of product or the method of its installation, its delivery would be excessively difficult, the customer is obliged to provide us with the product in the place where the product is located.
We will respond to your complaint promptly, no later than within 14 calendar days from the date of its submission. Important! Failure to respond in the aforementioned period in the event of a demand for repair, replacement or reduction of the price means that we considered the complaint justified.
The consumer also has the option of using out-of-court dispute resolution.
Detailed information on the possibility of the Client using the extrajudicial method of dealing with complaints and pursuing claims as well as the rules of access to these procedures are available on the website of Urząd Ochrony Konkurencji i Konsumentów (Office of Competition and Consumer Protection) at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
The point of contact at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: email@example.com or a written address: Plac Powstańców Warszawy 1, 00-030 Warsaw.), whose role is among others, providing assistance to consumers in matters relating to the out-of-court resolution of consumer disputes.
The consumer has the following exemplary possibilities of using out-of-court complaint and redress procedures: (1) an application to settle a dispute to a permanent amicable consumer court (for more information, please visit: http://www.spsk.wiih.org.pl/); (2) a motion regarding extrajudicial resolution of the dispute to the Wojewódzkiego inspektora Inspekcji Handlowej (Regional inspector of the Trade Inspection) (more information on the website of the inspector competent for the place of the economic activity of the Seller); and (3) assistance from the municipal consumer ombudsman or social organization, whose statutory tasks include consumer protection (e.g. Federacja Konsumentów, Stowarzyszenie Konsumentów Polskich - Consumer Federation, Association of Polish Consumers). Advice is provided, among others, via e-mail at firstname.lastname@example.org and at the consumer helpline number 801 440 220 (call center available on Business Days, 8:00 - 18:00, call fee according to the operator's tariff).
An online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a contractual obligation arising from an online sales contract or a service contract (more information on the platform website itself or on the Internet site of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
In the same way as above, you can also submit a complaint related to the provision of electronic services via our online store (e.g. account or order form) and other complaints related to the operation of our online store.
In the description of the complaint specify (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) Your request; and (3) contact details - it will facilitate and speed up the processing of complaints. Remember that the requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints filed without the recommended description of the complaint.