WITHDRAWAL FROM THE SALES AGREEMENT
1.1 A Consumer or an Entrepreneur with Consumer rights is entitled to withdraw from the concluded Sales Agreement, without giving any reason, within 14 days from the date of receipt of the Order. This period begins:
a. when the Goods are taken into possession by the Consumer or Entrepreneur with Consumer rights or a third party designated by them other than the carrier,
b. if the Sales Agreement covers multiple Goods that are delivered separately, in batches or in parts – when the last Good, batch or part is taken into possession,
c. in the case of a Sales Agreement involving the regular delivery of items for a specified period of time – from the moment the first item is taken into possession,
d. in other cases – from the date of conclusion of the Sales Agreement.
1. 2. In order to meet the deadline for withdrawal from the Sales Agreement, it is sufficient for the Consumer or Entrepreneur with Consumer rights to send information regarding the exercise of their right to withdraw from the agreement before the deadline for withdrawal from the agreement. The declaration of withdrawal may be submitted on the form, a template of which is attached as Appendix 1 to the Online Store Regulations.
1.3 In order to exercise the right to withdraw from the Sales Agreement, the Consumer or Entrepreneur with Consumer rights is obliged to provide the Seller with a statement of withdrawal, preferably by e-mail to kontakt@mill.pl or to the address of the Seller’s registered office – Mesznary 2, 98-400 Wieruszów. If the Consumer or Entrepreneur with Consumer rights exercises this option, the Seller shall immediately send the Consumer or Entrepreneur with Consumer rights confirmation of receipt of the information about withdrawal from the contract on a durable medium (e.g. by e-mail).
1.4 In the event of withdrawal from the Sales Agreement, the agreement shall be deemed not to have been concluded.
1.5 The Seller shall refund to the Consumer or Entrepreneur with Consumer rights all payments received in connection with the Sales Agreement from which the Consumer or Entrepreneur with Consumer rights withdraws, in particular the Price of the Goods and the cost of delivery, whereby, with regard to the reimbursement of delivery costs, the Seller shall only be obliged to reimburse the cost of the ordinary, cheapest method of delivery.
1.6 The Seller shall refund the payments received from the Consumer or the Entrepreneur with Consumer rights, including the Price of the Goods and the delivery cost, immediately, but no later than within 14 days from the date of receipt of the statement of withdrawal from the Sales Agreement sent by the Consumer or the Entrepreneur with Consumer rights, subject to point 9.7 below. The refund shall be made using the same payment method that the Consumer or Business with Consumer Rights used to pay for the Goods, unless the Seller and the Consumer or the Seller and the Business with Consumer Rights agree otherwise.
1.7 A Consumer or an Entrepreneur with Consumer rights who has withdrawn from the Sales Agreement is obliged to return the Goods to the Seller immediately, but no later than 14 days from the date of withdrawal from the agreement. To meet the deadline, it is sufficient to send the Goods back before its expiry. The returned Goods should be in a condition that does not exceed what is necessary to determine the nature of the Goods, their characteristics and functioning. The Seller may withhold the refund for the Goods until the Goods are received or until proof of their return is provided to the Seller, whichever occurs first.
1.8 The Consumer shall not have the right to withdraw from the Sales Agreement in relation to Sales Agreements:
a. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that they would lose the right to withdraw from the agreement once the Seller had performed the service;
b. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period;
c. in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer’s specifications or serving to satisfy their individual needs;
d. where the subject of the service is a Product that deteriorates quickly or has a short shelf life;
e. where the subject of the service is a Product delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging was opened after delivery;
f. where the subject of the service are Products which, after delivery, due to their nature, are inseparably connected with other items;
g. where the consumer expressly requested that the Seller visit them in order to carry out urgent repairs or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to the additional services or Products;
2. DEFECTS IN GOODS. COMPLAINTS.
2.1 The Seller undertakes to deliver goods without physical or legal defects. The Seller shall be liable to the Customer who is a Consumer or an Entrepreneur with Consumer rights if the goods have a physical defect or legal defect (Warranty) within the scope specified in the Act of 23 April 1964 Civil Code (Journal of Laws 1964 No. 16, item 93, as amended).
2.2 In the case of sales that do not constitute consumer sales, the provisions of Articles 556-576 of the Civil Code shall not apply.
2.3 A consumer or entrepreneur with consumer rights has the right to demand a price reduction, removal of the defect, replacement of the defective product with a new one or withdrawal from the Sales Agreement.
2.4 A Consumer or an Entrepreneur with Consumer rights may submit complaints and information related to the Seller’s failure to perform or improper performance of the Sales Agreement, including defects in the Goods, or the provision of electronic services specified in the Terms and Conditions in any form, including in particular by electronic means to the Seller’s E-mail Address kontakt@mill. pl or by post to the Seller’s address: Bolesławiecka 15A, 98-400 Wieruszów.
2.5 In order for the complaint to be processed efficiently, it should include:
a. Details of the person making the complaint (name and surname/name and address of the person making the complaint, E-mail Address);
b. Description of the event giving rise to the complaint;
c. Expectations as to how the complaint should be resolved;
d. Proof of purchase, if the complaint concerns the ordered Goods.
2.6 In the case of complaints concerning defects in the Goods, the Consumer or Entrepreneur with Consumer rights is obliged to deliver the defective Goods to the Seller’s address.
2.7 Within 14 (fourteen) calendar days of receiving a complete complaint, the Seller shall respond to the complaint of the Consumer or Entrepreneur with Consumer rights and notify them of further actions related to the complaint under consideration.
2.8 If the complaint is considered in favour of the Consumer or an Entrepreneur with Consumer rights, the costs of replacement or repair of the Goods shall be borne by the Seller.
2.9 The Consumer or Entrepreneur with Consumer rights shall be informed about the manner of considering the complaint by e-mail to the E-mail Address provided in the complaint form.
2.10 Additional information on how to return the goods subject to complaint and how to file a complaint is available by calling:: +48 62 78 49 101.
3. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS BY CONSUMERS
3.1 Detailed information on the possibility for a Customer who is a consumer to use extrajudicial means of dealing with complaints and pursuing claims, as well as the rules for accessing these procedures, is available on the website of the Office of Competition and Consumer Protection at https://uokik.gov.pl/ pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
3.2 Consumers have the following examples of options for using out-of-court complaint handling and redress procedures:
a. The consumer is entitled to refer the matter to a permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) with a request to settle a dispute arising from the Agreement concluded with the Seller (more information at: http://www.spsk.wiih.org.pl/).
b. The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Seller (more information on the website of the inspector competent for the place of business of the Seller).
c. Consumers may obtain free assistance in resolving disputes between themselves and the Seller by contacting the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and by calling the consumer helpline at 801 440 220 (the helpline is open on working days from 8:00 a.m. to 6:00 p.m., and the call is charged according to the operator’s tariff). Detailed information on the possibility for consumers to use out-of-court complaint and redress procedures and the rules for accessing these procedures is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php oraz http://www.uokik.gov.pl/wazne_adresy.php.
3.3 The President of the Office of Competition and Consumer Protection also operates a contact point (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, Warsaw), whose tasks include providing assistance to consumers in matters relating to out-of-court settlement of consumer disputes.
3.4 An online platform for resolving disputes between consumers and businesses at 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 traders seeking out-of-court settlement of disputes concerning contractual obligations arising from an online sales contract or service contract (more information is available on the platform itself or at the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
3.5 The Seller informs the Customer who is an Entrepreneur with Consumer rights about the possibility of using extrajudicial means of dealing with complaints and pursuing claims indicated in this section of the Terms and Conditions.
