Complaints
1. The basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty) are set out in generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).
2. The Seller is obliged to deliver the Product without defects to the Customer. Detailed information concerning the Seller's liability for Product defects and the Customer's rights are specified on the website of the Online Shop in the information tab concerning complaints. In the case of a complaint regarding the colour of the Product, the Seller reserves the right to reject the complaint as the shade and colour temperature may differ depending on different display settings. The complaint should also include the preferred method of handling the complaint.
3. A complaint may be submitted by the Customer, for example:
- in writing to the address: ul. Sokoła 2b/1 60-644 Poznań.
- in electronic form via e-mail to the address: hi@noissstyka.com
4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request for the method of bringing the Product into conformity with the Sales Agreement or declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and shall not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
Right of withdrawal
1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from the contract without giving any reason and without incurring any costs, with the exception of the costs specified in sec. 8.8 of the Terms and Conditions. Sending the declaration before the deadline is sufficient to meet it. The declaration of withdrawal may be made, for example:
- in writing to the address: ul. Sokoła 2b/1 60-644 Poznań.
- in electronic form via e-mail to the address: hi@noissstyka.com
2. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in point. 11 of the Terms and Conditions and on the website of the Online Shop in the tab concerning withdrawal from the contract. The consumer may use the model form, but it is not obligatory.
3. The period for withdrawal from the contract shall begin:
- for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from taking possession of the Product by the consumer or a third party indicated by the consumer other than the carrier, and in the case of a contract which: (1) includes a number of Products which are delivered separately, in batches or in parts - from the taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a fixed period - from the taking possession of the first Product;
- for other contracts - from the day of the conclusion of the contract.
4. In the case of withdrawal from a distance contract, the contract shall be deemed not concluded.
5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the agreement, return to the consumer all payments made by the latter, including the costs of delivery of the Product (with the exception of additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available at the Online Shop). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold reimbursement of the payment received from the consumer until it has received the Product back or the consumer has provided proof of return, whichever event occurs first.
6. The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he or she withdrew from the contract, or hand it over to a person authorised by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiry. The Consumer may return the Product to the address: ul. Sokoła 2b/1 60-644 Poznań.
7. The Consumer shall be liable for any diminished value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8. Possible costs associated with the withdrawal from the contract by the consumer, which the consumer is obliged to bear:
- If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Shop, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by the consumer.
- The consumer shall bear the direct costs of returning the Product.
- In the case of a Product that is a service, the performance of which - at the express request of the consumer - has begun before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after making such a request, is obliged to pay for the services performed until the withdrawal. The amount to be paid shall be calculated in proportion to what has been provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating that amount shall be the market value of the performance.
9. The consumer has no right of withdrawal from a distance contract in respect of contracts:
- (1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who has been informed before the provision of the service has begun that after the Seller has performed the service, he will lose his right of withdrawal; (2) 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 deadline for withdrawal; (3) in which the subject of performance is a non-refabricated product, manufactured to the consumer's specification or serving to meet his individual needs; (4) in which the subject of performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of the performance is a Product supplied in sealed packaging which cannot be returned after opening for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of the performance is Products which after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him/her for the purpose of carrying out urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer or delivers Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) where the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging is opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by means of a public auction; (12) for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services relating to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of the service; (13) for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the withdrawal period and after the Seller has informed the consumer of the loss of the right of withdrawal. (11) on gift packaging which is not reusable after unpacking.
10. The provisions contained in this clause 8 of the Terms and Conditions concerning the consumer shall apply from 1 January 2021 and to contracts concluded from that date also to the Customer or Client who is a natural person concluding a contract directly related to his/her business activity, if it follows from the content of that contract that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.