Refund policy
§ 1
PRODUCT COMPLAINTS
1. Complaints under warranty.
1.1. All Products offered in the Shop are covered by a seller’s lifetime warranty valid within the territory of the Republic of Poland,
1.2. the warranty period is calculated from the date of delivery of the Product to the Customer,
1.3. the document entitling the Customer to warranty protection is the warranty card or proof of purchase,
1.4. The guarantor’s details, detailed information on the goods covered by the warranty, details regarding the duration and terms of the warranty, as well as the Customer’s rights under the warranty, are contained in the warranty card attached to the Product or available on the Store’s website,
1.5. The warranty does not exclude the rights of the Consumer and the entity referred to in § 10 of the Terms and Conditions arising from the Product’s non-conformity with the Sales Contract, as set out in the Consumer Rights Act, which are vested in the Consumer and the entity referred to in § 10 by operation of law.
2. Complaints regarding the Product’s non-conformity with the contract.
2.1. The basis and scope of the Seller’s liability towards a Customer who is a Consumer or the entity referred to in § 10 of the Terms and Conditions due to the Product’s non-conformity with the contract are set out in the Consumer Rights Act of 30 May 2014,
2.2. The basis and scope of the Seller’s liability towards a Customer who is an Entrepreneur, as referred to in § 9, in respect of the warranty are set out in the Civil Code of 23 April 1964,
2.3. The Seller is liable to a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for any lack of conformity of the Product with the contract existing at the time of delivery of the Product and discovered within 2 years of that time, unless the shelf life of the Product specified by the Seller or persons acting on its behalf is longer,
2.4. Notification of the Product’s lack of conformity with the contract and the submission of a relevant claim may be made by email to the address: info@arborkids.pl
2.5. The above email should contain as much information and detail as possible regarding the subject of the complaint, in particular the nature and date of the defect, as well as contact details. The information provided will significantly facilitate and expedite the Seller’s handling of the complaint,
2.6. In order to assess the Product’s non-conformity with the contract, the Consumer or the entity referred to in § 10 of the Terms and Conditions is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at its own expense,
2.7. The Seller shall respond to the Customer’s request without delay, no later than within 14 days of receipt,
2.8. In the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, failure to consider the complaint within 14 days of its submission shall be deemed to constitute acceptance of the complaint,
2.9. A Customer who is a Consumer or an entity referred to in § 10 may first demand that the Seller replace or repair the Product. The Customer may demand a price reduction or withdrawal from the contract only in the cases specified in the Consumer Rights Act of 30 May 2014 (including where the non-conformity
of the goods with the contract is significant, where the Seller has refused to bring the goods into conformity with the contract, or where the non-conformity of the goods with the contract persists despite the Seller having already attempted to bring the goods into conformity with the contract),
2.10. in connection with a justified complaint by a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, the Seller shall, as appropriate:
a) cover the costs of repair or replacement and redelivery of the Product to the Customer,
b) reduce the price of the Product (the reduced Price must be in proportion to the Price of goods in conformity with the contract relative to goods not in conformity with the contract) and shall refund the value of the reduced Price to the Consumer or the entity referred to in § 10 no later than 14 days from receipt of the statement regarding the reduction in Price from the Consumer or the entity referred to in § 10,
c) in the event of withdrawal from the contract by the Consumer or the entity referred to in § 10 – the Seller shall refund the Product Price to them no later than 14 days from the date of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer or the entity referred to in § 10 is obliged to return the goods to the Seller immediately at the Seller’s expense,
2.11. the response to a complaint shall be provided on paper or another durable medium, e.g. by email or SMS.
§ 2
RIGHT TO WITHDRAW FROM THE CONTRACT
1. Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions, and who has concluded a distance contract, may withdraw from it without giving any reason by submitting a statement to that effect within 14 days. To meet this deadline, it is sufficient to send the notice of withdrawal from the contract provided by the Shop.
2. In the event of withdrawal from the contract, the Sales Contract shall be deemed not to have been concluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions shall be obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it without delay, but no later than 14 days from the date on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to dispatch the Product before it expires.
3. In the event of withdrawal from the Sales Contract, the Product must be returned to the following address:
Aleja Warszawska 171a, 20-824 Lublin
4. The Consumer or the entity referred to in § 10 of the Terms and Conditions shall be liable for any reduction in the value of the Product resulting from its use in a manner exceeding that necessary to ascertain the nature, characteristics and functioning of the Product, unless the Seller failed to inform the Consumer or the entity referred to in § 10 regarding the manner and deadline for exercising the right to withdraw from the contract, and has not provided them with a model withdrawal form. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions should handle and inspect the Products only in the same manner as they would in a physical shop.
5. Subject to points 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with the delivery costs using the same method of payment as that used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Terms and Conditions has expressly agreed to a different method of refund which does not entail any costs for them. Subject to point 7 of this paragraph, the refund shall be made without undue delay, and at the latest within 14 days of the Seller receiving the notice of withdrawal from the Sales Contract.
6. If the Consumer or the entity referred to in § 10 of the Terms and Conditions has chosen a method of delivery for the Product other than the cheapest standard delivery method offered by the Shop, the Seller is not obliged to reimburse them for the additional costs incurred.
7. If the Seller has not offered to collect the Product from the Consumer or the entity referred to in § 10 of the Terms and Conditions, it may withhold the refund of payments received from the Consumer until the goods are returned or the Consumer or the entity referred to in § 10 of the Terms and Conditions provides proof of their return, whichever occurs first.
8. The Consumer or the entity referred to in § 10 of the Terms and Conditions withdrawing from the Sales Contract, in accordance with point 1 of this paragraph, shall bear only the costs of returning the Product to the Seller.
9. The fourteen-day period within which the Consumer or the entity referred to in § 10 of the Terms and Conditions may withdraw from the contract shall be calculated:
9.1. for a contract under which the Seller delivers the Product and is obliged to transfer ownership thereof – from the day on which the Consumer or the entity referred to in § 10 of the Terms and Conditions (or a third party designated by them other than the carrier) took possession of the Product,
9.2. for a contract covering multiple Products delivered separately, in batches or in parts – from the date on which the last Product, batch or part thereof was taken into possession,
9.3. for a contract involving the regular delivery of a Product for a specified period – from the date on which the first Product was taken into possession,
9.4. for other contracts – from the date of conclusion of the contract.
10. The right to withdraw from a distance contract does not apply to a Consumer or to the entity referred to in § 10 of the Terms and Conditions in the case of a Sales Contract:
10.1 where the subject matter of the contract is non-prefabricated goods, manufactured to the Consumer’s specifications or intended to meet their individual needs,
10.2 where the subject of the contract is goods delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging was opened after delivery,
10.3 where the subject of the supply is goods which, after delivery, due to their nature, are inseparably combined with other items,
10.4 for the provision of services for which the Consumer is obliged to pay the price, if the trader has fully performed the service with the Consumer’s express and prior consent, and the Consumer was informed before the service began that they would lose the right to withdraw from the contract once the trader had performed the service, and acknowledged this,
10.5 where the subject of the service is goods liable to deteriorate rapidly or having
a short shelf life.
11. Both the Seller and the Customer are entitled to withdraw from the Sales Contract in the event that the other party fails to fulfil its obligation within a strictly specified time limit.