Returns and Complaints

§7 Right to withdraw from the Sales Agreement

1.       A Client who is a Consumer or an Entrepreneur with consumer rights (hereinafter collectively referred to as the Client for the purposes of this § 7 of the Regulations), who has concluded a distance Sales Agreement, may withdraw from this Sales Agreement within 14 days without giving any reason.

2.       In the event of withdrawal from the Sales Agreement, it shall be deemed not to have been concluded.

3.       If the Client submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted their offer (before the Seller confirmed the acceptance of the Client's order for execution), the offer ceases to be binding, i.e., the Sales Agreement is not concluded.

4.       The period for withdrawal from the Sales Agreement begins on the day the Client took possession of the Goods or on which a third party indicated by the Client, other than the carrier, took possession of the Goods.

5.       A declaration of withdrawal from the Sales Agreement may be submitted in any form. The declaration should be sent to the e-mail address: zwroty@beetles.shop or by mail to the Seller's address. The Seller provides a sample withdrawal form from the Sales Agreement that the Client may use:

Sample withdrawal form

(this form should be completed and returned only if you wish to withdraw from the contract)

 

- To [R.P. Europe spółką z ograniczoną odpowiedzialnością z siedzibą w Krakowie, ul. Półłanki 29G, 30-740 Kraków, zwroty@beetles.shop]

- I/We(*) hereby give notice that I/We(*) withdraw from my/our contract of sale of the following goods(*)

 

 

- Date of contract conclusion(*)/receipt(*)

- Name of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (only if the form is sent on paper)

- Date

6.       In the event of withdrawal from the Sales Agreement, the Client is obliged to return the Goods immediately, but no later than within 14 days from the date on which they informed the Seller about the withdrawal from the Sales Agreement. To meet the deadline, it is sufficient for the Client to send the Goods to the Seller before the expiry of the 14-day period.

7.       The Client is obliged to bear the costs of returning the Goods to the Seller.

8.       In the event of withdrawal from the Sales Agreement, the Seller shall immediately, no later than within 14 days from the date of receiving the Client's declaration of withdrawal from the Sales Agreement, return all payments received from them.

9.       The Seller may withhold the reimbursement of payments received from the Client until receiving the Goods. The refund does not include the costs of returning the Goods by the Client.

10.   The Seller shall refund payments using the same payment method as the Client used, unless the Client has expressly agreed to a different method of refund, which does not entail any costs for them.

11.   The Client is responsible for any diminished value of the goods resulting from handling them beyond what is necessary to establish their nature, characteristics, and functioning. Regarding individual categories of Goods, the Seller informs that:

a.       Jewelry is equipped with a permanent identification tag during the production process, the removal of which is not necessary to familiarize oneself with the nature, characteristics, or functioning of the Goods. Removing this tag necessitates re-attaching it, which is a costly process and thus leads to a reduction in the value of the goods.

b.       Clothing is equipped with tags and security features, the removal of which is not necessary to establish the nature, characteristics, and functioning of the Goods. Clothing may only be tried on to the extent necessary to assess the size and fit. Removing tags, using clothing beyond a simple try-on, particularly wearing it or washing it, may lead to a reduction in the value of the goods, for which the Client is responsible.

c.        Footwear is equipped with tags and security features, the removal of which is not necessary to establish the nature, characteristics, and functioning of the Goods. Footwear may only be tried on at home and only to the extent necessary to assess the size and fit. Removing tags, using footwear beyond a simple try-on, particularly wearing it outdoors or soiling the sole, may lead to a reduction in the value of the goods, for which the Client is responsible.

12.   In accordance with the relevant regulations, the Client does not have the right to withdraw from a distance Sales Agreement in relation to Sales Agreements:

a.       where the subject of the performance is a non-prefabricated item, manufactured according to the Client's specifications or intended to satisfy their individualized needs;

b.       where the subject of the performance is an item that spoils quickly or has a short shelf life;

c.        where the subject of the service is an item delivered in sealed packaging, which cannot be returned once the packaging has been opened due to health protection or hygiene reasons.

§ 8A Complaints under the Sales Agreement for a Customer who is a Consumer or an Entrepreneur with consumer rights

1.       The Seller is liable to the Customer who is a Consumer or an Entrepreneur with consumer rights (hereinafter collectively referred to as the Customer for the purposes of this § 8A) for the non-conformity of the Goods with the Sales Agreement existing at the time of delivery and revealed within two years from that moment.

2.       The Goods comply with the Sales Agreement if they correspond to it, in particular, in terms of description, type, quantity, quality, completeness, and functionality, and are also suitable for the purpose of which the Customer informed the Seller before concluding the Sales Agreement, and the Seller accepted that purpose.

3.       The Goods are also considered to be compliant with the Sales Agreement if:

a.       they are suitable for the usual use for Goods of this type, taking into account legal provisions, technical standards, and good practices,

b.       they possess characteristics, durability, and safety typical for Goods of this type, which the Customer can reasonably expect, taking into account the nature of the Goods and the Seller's public statements, unless the Seller proves that:

                                                               i.      they did not know and, reasonably assessing, could not have known about the given statement,

                                                             ii.      that statement was rectified before the conclusion of the Sales Agreement,

                                                            iii.      that statement did not influence the Customer's decision to conclude the Sales Agreement,

c.        it is supplied in packaging and with instructions that the Customer can reasonably expect,

d.       it corresponds to the quality of the sample or model made available to the Customer before concluding the Sales Agreement, if the Goods were presented in this way.

4.       The Seller is not liable for non-conformity of the Goods with the Sales Agreement in the scope indicated above if the Customer was explicitly informed before the conclusion of the Sales Agreement that a given characteristic of the Goods deviates from conformity requirements, and explicitly and separately accepted the absence of that characteristic.

5.       In the event of non-conformity of the Goods with the Sales Agreement, the Customer may demand their replacement with Goods compliant with the Sales Agreement, or, if replacement is impossible or would involve excessive costs, the Customer may make a statement about a price reduction or withdrawal from the Sales Agreement.

6.       The Seller replaces the Goods within a reasonable time from being informed by the Customer about the non-conformity with the Sales Agreement, without undue inconvenience for the Customer and at the Seller's expense.

7.       In the case of a price reduction, its amount is determined proportionally to the value of the Goods compliant with the Sales Agreement. The refund is made no later than 14 days from the date of receipt of the Customer's statement about the price reduction.

8.       The Customer may withdraw from the Sales Agreement if:

a.       the Seller refused to replace the Goods,

b.       the Seller did not replace the Goods,

c.        the non-conformity of the Goods with the Sales Agreement persists despite an attempt to replace them,

d.       the non-conformity of the Goods with the Sales Agreement is significant,

e.       circumstances indicate that the Seller will not replace the Goods within a reasonable time or without undue inconvenience to the Customer.

9.       In the event of withdrawal from the Sales Agreement, the Customer is obliged to return the Goods to the Seller at the Customer's expense, and the Seller refunds the price within 14 days from the date of receipt of the Goods or proof of their dispatch.

10.   The Customer may contact the Seller regarding complaints both by mail and electronically.

11.   The Seller will respond to the complaint within 14 days from the date of its receipt, responding in a form consistent with the form of its submission.

12.   The Seller does not provide a quality guarantee for Goods to the Customer.

 

§ 8B Complaints under the Sales Agreement for a Customer who is an Entrepreneur

1.       The Seller assures the Customer who is an Entrepreneur (hereinafter referred to as the Entrepreneur for the purposes of this § 8B) that the delivered Goods are free from physical and legal defects. The Seller is liable to the Entrepreneur under warranty if a physical defect of the Goods is found within two years from the date of their delivery.

2.       The Entrepreneur's claim for replacement of the Goods with defect-free ones expires after one year from the date the defect was found, however, this period cannot end before two years from the date of delivery of the Goods.

3.       If the Goods are defective, the Entrepreneur may:

a.       submit a statement on price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Entrepreneur replaces the defective Goods with defect-free ones,

b.       demand the replacement of the defective Goods with defect-free ones.

4.       Instead of the replacement of the Goods proposed by the Seller, the Entrepreneur may demand a price reduction, or instead of a price reduction, demand the replacement of the Goods, unless bringing the Goods into conformity with the Sales Agreement in the manner chosen by the Entrepreneur is impossible or would involve excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the Goods free from defects, the type and significance of the defect found, as well as the inconvenience that another method of satisfaction would cause to the Entrepreneur, shall be taken into account.

5.       The Seller replaces the defective Goods with defect-free ones within a reasonable time and without undue inconvenience to the Entrepreneur. The Seller may refuse to replace the Goods if bringing the Goods into conformity with the Sales Agreement in the manner chosen by the Entrepreneur is impossible or would require excessive costs compared to another possible method. The Seller may also refuse replacement if the costs involved exceed the selling price of the Goods.

6.       The Entrepreneur may contact the Seller regarding complaints both by post and electronically.

7.       The Seller shall respond to the submitted complaint within 14 days from the date of its receipt, responding in a manner corresponding to the form of submission of the complaint.

8.       The Seller does not provide a quality guarantee for the Goods to the Entrepreneur.