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Returns policy

 

The right to withdraw from the Agreement

  1. The consumer who has concluded a distance agreement can withdraw from sales agreement within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in VIII.12 of these Terms. To keep the deadline, it is sufficient for the Consumer to make a statement of the Seller before it expires.

  2. The statement of withdrawal from the agreement may be submitted to the Seller's address or e-mail address: shop@thermalmugs.eu . The Customer may compose the declaration by himself or use the form of declaration of withdrawal from Agreement (Appendix No 1).

  3. The course of time for withdrawal from the Sales Agreement shall commence a) on the date on which the Product was taken by the Consumer or by a third party designated by him/her other than the carrier and in the case of a Sale Agreement, which:(1)includes a great number of Products that are delivered separately, in batches or in parts, since acquiring possession of the last Product, a batch or part, or (2) is based on regular delivering Products for a fixed period of time – since acquiring possession of the first of the Products; b) for other agreements – from the date of conclusion of the contract.

  4. Upon receipt of the statement of withdrawal from the Agreement by the Consumer, the Seller will send to the Consumer's e-mail address a confirmation of receipt of the statement of withdrawal from the Agreement.

  5. In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded.

  6. The Seller is obliged immediately, but not later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the agreement, to return to the consumer all payments made by him, including the costs of delivery of the Product – movable item, including movable item with digital elements. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer.

  7. If the consumer has chosen a method of delivery of the Product other than the cheapest usual delivery method available in the Online Shop, the Seller is not obliged to refund the additional costs incurred by the consumer.

  8. The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the agreement, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline, it is sufficient to send the Product back before its expiry.

  9. The purchased Products should be returned to the following address: Warehouse: Red Bird Magazyn, Franciszka Plocka 7, 94-106 Łódź (Poland).

  10. The Consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

  11. The seller may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of its return, whichever occurs first, unless the Seller himself offered to collect the Product from the consumer.

  12. The consumer bears the direct costs of returning the Product.

  13. The right to withdraw from a distance agreement is not entitled to the Consumer in relation to contracts:

  1. in which the subject of the service is a Product non-prefabricated, manufactured according to the consumer's specifications or serving to satisfy his individual needs.

  1. The provisions concerning the consumer shall apply to sole traders who conducts business activity concluding a contract directly related to their business activity, where it is apparent from such agreements that they do not have professional character for them. To determine whether a sole trader has, in particular circumstances, consumer rights, it is necessary to verify the professional nature of the agreement, especially on the basis of information recorded in the Central Registration and Information on Business (CEIDG-only in Poland).

 

  1. Complaints

  1. In the event of non-compliance of the Product with the sales agreements, the provisions set out in the Consumer Rights Act (Chapter 5A) apply to consumers.

  2. Complaints should be sent to the following e-mail address: shop@thermalmugs.eu .

  3. The Seller undertakes to process each complaint immediately, no later than within 14 calendar days from the date of its receipt.

  4. If the product is not in conformity with the contract, the consumer may request its repair or replacement. The Seller shall carry out repair or replacement within a reasonable time after being informed by the consumer of the lack of conformity and without undue inconvenience to the consumer considering the specificity of the product and the purpose for which the consumer acquired it. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller.

  5. The Consumer makes available to the Seller a product subject to repair or replacement. The Seller collects the products from the consumer at his own expense. The Consumer is not obliged to pay for the normal use of the products which have subsequently been replaced.

  6. If the product is not in conformity with the contract, the consumer may make a statement on price reduction or withdrawal from the contract when:

  1. the seller refused to bring the product into conformity with the contract in accordance with the Consumer Rights Act.

  2. the seller has not brought the product into conformity with the contract in accordance with the Consumer Rights Act.

  3. the lack of conformity of the product with the contract persists even though the seller has tried to bring the product into conformity.

  4. the lack of conformity of the product with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of protection measures specified in the Consumer Rights Act.

  5. It is clear from the seller's declaration or circumstances that he will not bring the products into conformity within a reasonable time or without undue inconvenience to the consumer.

  1. The reduced price must be in proportion to the contract price in which the value of the non-conforming product remains in relation to the value of the product in conformity.

  2. The Seller shall return to the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the consumer's statement on the price reduction.

  3. In the event of withdrawal from the contract, the Consumer immediately returns the products to the Seller at his expense. Warehouse: Red Bird Magazyn, Franciszka Plocka 7, 94-106 Łódź (Poland).

  4. The Seller returns the price to the consumer immediately, no later than within 14 days from the date of receipt of the product or proof of its return.

  5. The Consumer may not withdraw from the contract if the lack of conformity of the product with the contract is irrelevant. The lack of conformity of a product with the contract shall be presumed to be material.

  6. It is recommended that the Customer provides the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular circumstances indicating the non-compliance of the Product with the Sales Agreement; (2) request repairs or replacement, or statement of price reduction, or withdrawal from the Sales Agreement in the cases indicated in the Consumer Rights Act and (3) the claimant’s contact information. The requirements given in the previous sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommendation.

  7. The complaint may be accompanied by evidence (e.g. photos, documents or the Product) related to the subject of the complaint.

  8. The Seller is liable for non-compliance of the Product with the Sales Agreement if the non-compliance of the Product with the Sales Agreement existed at the time of its delivery and was revealed within two years from the date of delivery of the Product to the Consumer.

  9. The Consumer may use the guarantee if it was granted by the Seller.

  10. The provisions concerning the consumer shall apply to sole traders who conducts business activity concluding a contract directly related to their business activity, where it is apparent from such agreements that they do not have professional character for them. To determine whether a sole trader has, in particular circumstances, consumer rights, it is necessary to verify the professional nature of the agreement, especially on the basis of information recorded in the Central Registration and Information on Business (CEIDG-only in Poland).

  11. The Seller complies with the provisions of Chapter 5B of the Consumer Rights Act in the scope of contracts for the supply of digital content or digital service.

 

  1. Out-of-court complaint handling and redress procedures

  1. The Seller would like to inform you that out-of-court complaint handling and redress procedures can be used. They can be used on a voluntary basis and only if both parties to the dispute agree to it.

  2. Detailed information on consumer dispute resolution, including the possibility for the Consumer to use out-of-court complaint handling, redress and the rules of access to these procedures is available at the offices and on the websites of county (municipal) consumer advocates, Voivodship Inspectorates of Trade Inspection, in particular also at the following Internet address of the Office of Competition and Consumer Protection:

https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

  1. For example, The Customer who is a Consumer has the right to refer to a permanent amicable consumer court operating by the Commercial Inspection with a request to settle a dispute arising out of the concluded Sales Agreement.

  2. According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform. Online Dispute Resolution is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet. These disputes relate to contractual obligations arising from online sales or service contracts concluded between consumers living in the Union and traders established in the Union.

  3. The Consumer who would like to take advantage of the possibility of an amicable resolution to disputes concerning online purchases may submit a complaint, for example, via the EU"s Internet ODR platform which is available at: http://ec.europa.eu/consumers/odr/.

 

  1. Force majeure

  1. Neither Party can be held liable for the non-performance of any of its obligations, if such non-performance is due to an unforeseeable event beyond its control or a force majeure incident including but not limited to epidemic, flood, fire, storm, raw materials shortage, transportation strike, partial or total strike, or lock-out. The Party affected by such events must inform the other party promptly, no later than five (5) business days after said event occurs.

  2. The parties agree that they will work together to determine how best to fill the order while the force majeure incident persists.

 

  1. Opinions in the online shop

  1. The Customer of the Online Shop has the possibility to give a voluntary and free opinion regarding actually purchases made in the Online Shop. The subject of the opinion may also be the evaluation, photo or review of the purchased product in the Online Shop.

  2. The Customers are only allowed to give opinions. The opinion given by Customer may be deleted at any time.

  3. The Customers are not allowed to enter into agreement only for the purpose of giving opinions.

  4. The Seller and his employees are not allowed to give opinions.

  5. The Seller verifies the reviews using the email address that was used in the purchase process or assigned to the user's account.

  6. The Customer's opinions are published by the Seller in the Online Shop or in an external service collecting opinions. The Customer’s opinions are available to all visitors to the Online Shop.

  7. It is forbidden to conclude fictitious or apparent Sales Agreements only for the purpose of giving opinions. The Customer agrees to the free use by the Seller of opinions or other content placed by him as part of the Store Website.

  8. The Seller does not post or commission the posting of false opinions or recommendations of Customers to other entities in order to promote its Products or does not provide sponsored opinions.

  9. It should be noted that giving opinions by customers may not be used for unlawful activities, in particular for activities that constitute unfair competition against the Seller, or actions that infringe personal property, intellectual property rights or other rights of the Seller or third parties.

 

  1. Protection of personal information

  1. The Seller collects and processes the personal information of the Customers in accordance with applicable provisions of law and with the Privacy Policy.

  2. The Seller applies appropriate technical and organizational measures to ensure the protection of personal data being processed.

  3. Additional explanations regarding the protection of personal data are contained in the “Privacy Policy”.

 

  1. Final Provisions

  1. All and any rights of the Online Shop, including economic copyrights, intellectual property rights to its name, internet domain, the Online Shop website, and also to forms, logotypes are the property of the Seller and may be used solely in the manner indicated in and consistent with the Terms and Conditions.

  2. These Terms and Conditions will be governed by the law of the Republic of Poland. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.

  3. The choice of law made by the parties shall not have the result of depriving the consumer of the protection guaranteed to him by the mandatory rules of the law of the country in which he has his habitual residence in EU.

  4. In matters not regulated in these Terms and Conditions, the provisions of Polish and EU law shall apply.

  5. Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Shop presenting a list of amendments and their effective dates. The Customers who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the amended Terms and Conditions, he shall be obliged to notify this fact to the Seller within 14 days from being informed about the amendment of the Terms and Conditions. Notification of non-acceptance of the new Terms and Conditions shall result in termination of the Agreement.

27.04.2023

 

Appendix No 1 - Form of withdrawal from agreement

 

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

- Address:

Red Bird Sp. z o. o.,

Lublinek 49,

Łódź 94-439 (Poland)

E-mail: shop@thermalmugs.eu .

- I / We (*) hereby inform / inform (*) of my / our withdrawal from the contract of sale of the following products (*)

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

- Name and surname of consumer (s)

- Consumer (s) address

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

- Date

(*) Delete as applicable.

 

Share your comment
IdoSell Trusted Reviews
4.67 / 5.00 3 reviews
IdoSell Trusted Reviews
2024-02-09
War leider die falsche Farbe (nicht blau, sondern weiß), aber da es die Deckel sonst nicht gibt ist es halt so. Abwicklung war schnell und unkompliziert, der Versand ebenfalls zügig.
2023-07-11
Bestellung lief problemlos, Produkt und Preis sind einwandfrei. Lediglich der Versand mit Hermes hat fast zwei Wochen gebraucht.
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