Returns and complaints

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12. WITHDRAWAL FROM THE CONTRACT
12.1. If you are a Consumer as defined by Article 22¹ of the Civil Code and you have entered into a remote contract by placing the Order, you may withdraw from the contract for convenience and without any extra charge other than the charges indicated below by submitting a relevant declaration in any form (including, for instance, the form available at: www.tulplast.pl/files/Tulplast_formularz_odstapienia.pdf and in the footer of the www.tulplast.pl website) within 14 days from the date on which the Products were issued to you or to a person you indicated (other than the Carrier), and if the Products were delivered in batches or parts – from the date on which you acquired the last of the items or on which the third party you indicated (other than the Carrier) acquired the last of the items.
12.2. To comply with the 14-day period specified in section 1 above, it will be sufficient for the declaration to be sent before its expiry. Declarations may be sent to the following address: Tulplast Socha sp. j., 62-021 Paczkowo, ul. Wiosenna 27 or by e-mail to: reklamacje@tulplast.pl.
12.3. If you select a method of Product delivery other than the least expensive regular method of delivery offered by the Seller, the Seller will not be obliged to refund your extra costs to you.
12.4. If you withdraw from the Contract, the Contract will be deemed void, and you will be released
from all obligations. You will be liable for the reduction of the value of the items caused by the use of the items exceeding the use necessary to establish the type, characteristics
and functioning of the items, unless the Seller has failed to inform you about your right to withdraw from the Contract in accordance with the Act.
12.5. The Products you return should be accordingly packed to ensure that they are not damaged during Delivery. Where possible, the Products should be packed
in the original packaging. The Products should be returned with complete equipment, accessories and documents issued upon sale.
12.6. You will be liable for the reduction of the value of the items caused by the use of the items exceeding the use necessary to establish the type, characteristics and functioning of the items.
12.7. The Seller will refund all your payments, including the costs of Delivery of the Products, to you promptly, but in any case not later than within 14 days from the receipt of your withdrawal notice. However, the Seller will only refund the costs of the least expensive, regular shipment method it offers.
12.8. The refund of payments will be done using the payment methods used in the original transaction, unless you expressly consent to a different solution. In any case, you will not bear any charges for the refund of the payments.
12.9. You have to return the Products to the Seller or hand it over to the person authorized by the Seller for pick-up promptly, but in any case not later than within 14 days from the date of withdrawal, unless the Seller has proposed to collect the Products itself. To comply with the 14-day period specified in the preceding sentence, it will be sufficient for the Products to be sent back to the Seller before its expiry. You will bear the direct costs of the return of the Products to the Seller.
12.10. Products should be returned to the following address of the Seller: Tulplast Socha sp. j., 62-021 Paczkowo, ul. Wiosenna 27.
12.11. If the Seller has not proposed to collect the Products from you, it may wait with the refund of the payments received from you until the Products are sent back or until the you provide proof that they have been sent back, whichever is sooner.
12.12. You will not be entitled to withdraw from a remote contract in the following situations:
a) contract where the deliverable is a non-prefabricated item, produced in accordance with your specifications or designed to meet your individual needs;
b) contract where the deliverable is an item that is quickly spoiled or that has a short shelf life;
c) contract where the deliverable is an item delivered in sealed packaging that cannot be returned for reasons related to health and hygiene if the packaging is opened after delivery;
d) contract where the deliverable is an item that becomes permanently joined with other items upon delivery due to their nature;
e) contract where you expressly demanded the trader to come to your premises to make urgent repair or maintenance. If the trader also provides other services than the ones you demanded or delivers items other than the spare parts required to carry out the repair or maintenance activities, you will have the right to withdraw from the Contract in respect of the additional services or items.
12.13. You can download a sample remote contract withdrawal form in the footer of the website of the On-line Store, but this is not obligatory.
13. IMPLIED WARRANTY
13.1. The Products delivered to you by the Seller have to be free of defects.
13.2. For avoidance of doubt, no provisions of these Terms and Conditions will be deemed to prejudice your rights as a Consumer arising from the applicable Polish law. If any such a provision is identified, provisions of the Polish law, in particular the Civil Code, will apply.
13.3. If the Products are found to be defective and you are a Consumer, you may:
a. demand that the price be reduced, or
b. withdraw from the contract,
unless the Seller promptly replaces the defective Products without undue inconvenience to you with a defect-free item or rectifies the defect, whereas this limitation will not apply if the Products have already been replaced or repaired by the Seller or if the Seller has not complied with the obligation to replace the item with a defect-free it or rectify the defect.
13.4. You may demand that the Products be replaced with defect-free Products instead of having the defect rectified by the Seller or demand that the defect be rectified instead of having the Products replaced, unless it is impossible to make the Products conform to the contract in the manner of your choosing or if this would generate excessive costs in comparison with the manner proposed by the Seller. The value of a defect-free item, type and significance of the defect as well as the inconvenience to you caused by the different method of satisfying your claim will be considered when determining if the costs would be excessive.
13.5. You may not withdraw from the contract if the defect is a minor defect.
13.6. If the item sold is defective, you may demand that it be replaced with a defect-free item or demand that the defect be rectified. The Seller will replace the defective item with a defect-free item or rectify the defect within a reasonable period without undue inconvenience to you.
13.7. The Seller may refuse to meet your demand referred to in section 13.6 of these Terms and Conditions if making the defective item conform with the contract using the method you selected is impossible or – in comparison to the second, possible method of making such item conform to the contract – would require excessive costs.
13.8. Your rights as a Consumer arising from the defects of the Products or your rights under the implied warranty will not in any way prejudice your rights under the express warranty.
13.9. Pursuant to Article 558 of the Civil Code, claims under the implied warranty will be excluded if you are an entrepreneur.
14. PROPERTIES OF THE PRODUCTS
14.1. Descriptions of the Products and their primary properties are included on the subpage of the On-line Store concerning the given Products, hereinafter referred to as the “Description”.
14.2. You may obtain more specific information about the Products by contacting the Seller, which will hereinafter be referred to as “Information”.
14.3. In case of doubts, it will be deemed that the Seller dos not guarantee specific properties of the Products where they are not expressly indicated in the Description or Information.
14.4. For avoidance of doubt, it will be deemed that the Products, unless their Description or Information indicate otherwise, are not designed for use under extreme conditions.
14.5. Purchase of Products with parameters or properties different from those indicated in the Description or in the Information is possible only by entering into an additional, separate contract with the Seller.
15. EXPRESS WARRANTY
15.1. The Seller will rectify physical defects of the Products or deliver defect-free Products to you, at your discretion, if the defects are found within 2 years from the date on which you collect the Products (Express Warranty).
15.2. The Seller will not be liable for defects caused by incorrect use of the Products. In case of doubts, correct use of the Products will be deemed to mean using the Products in accordance with the conditions and properties of the Products specified by the Seller in the Description, Information or manual enclosed with the Products.
15.3. The Seller will not be liable for damaged or destroyed Products, if such damage or destruction occur due to incorrect use or incorrect installation, or during repair or modification of the Products carried out by an entity other than the Seller, unless such repairs were done upon prior consent of the Seller.
15.4. The Express Warranty will not cover the Products that were at least partially made from materials you delivered or according to your specifications.
15.5. The Express Warranty will also not cover damage caused by:
a) normal wear and tear of the Products;
b) chance events or force majeure.
16. COMPLAINTS
16.1. Complaints under the implied or express warranty should be sent to the following address: Tulplast Socha sp. j., 62-021 Paczkowo, ul. Wiosenna 27 or by e-mail to: reklamacje@tulplast.pl.
16.2. To make complaint processing easier, your complaint should include the following information:
a) your first name and last name or name of your company;
b) name of the Products;
c) date of purchase of the Products;
d) specific description or photographs of defects of the Products;
e) time of occurrence of the defect.
16.3. These requirements are only meant as recommendations, and they will not affect the effectiveness of complaints if they are submitted without the recommended description.
16.4. The document (or its copy) confirming purchase of the Products at the On-line Store should also be enclosed with the complaint.
16.5. Where necessary to determine if the Products are defective, the claimed Products should be delivered to the Seller's address when the complaint is submitted.
16.6. The Seller will have 14 days to consider your complaint if you are a Consumer. You will be informed if your complaint has been recognised by e-mail, phone or mail. If you are not notified if your complaint has been recognised within this period, it will be deemed that it has been recognised by the Seller.
16.7. You may report a complaint relating to the operation of your Customer Account, newsletter or contact form to the Seller. The complaint may be submitted in electronic form. You should include your e-mail address and description of the problem in your complaint. Where possible, the Seller will consider the complaint promptly, but in any case not later than within 30 (thirty) days, and reply to your e-mail address indicated in the complaint.