Returns and complaints

WITHDRAWAL FROM THE CONTRACT

1. The consumer who has executed a remote contract may terminate such a contract without reason by submitting a relevant notice in writing within 14 calendar days without bearing any costs with exception of the costs indicated in paragraph 8.7 of General Terms and Conditions. For the above time limit to be considered observed, it is sufficient to send notice before it expires. Such a notice may be sent by:

1.1. In writing to the following address: Branickiego 15, 02-972 Warsaw, POLAND;

1.2. In electronic form via e-mail to the following address: contact@cabletie.eu.

2. The period of terminating the contract begins:

2.1. for Sale Contract in which Seller hand over the Merchandise, being obliged to transfer its ownership - from receiving the Merchandise by the Customer or other person authorized by the Customer other than the carrier, and in the case of a Sale Contract which: (1) includes many of the Merchandises that are delivered separately, in pieces or in parts - from receiving the last Merchandise, piece or part; or (2) by the regular delivery of Merchandises for a fixed period - from receiving the first of the Merchandise;

2.2. for other Sale Contracts – on the date of the Sale Contract

3.   In the event of terminating the Sale Contract which was concluded remotely the Sale Contract is considered as not concluded.

4. Seller is obliged immediately, but not later than within 14 calendar days of receipt of the declaration of the Customer to terminate the Sale Contract, to return to the Customer all payments made by the Customer, including the cost of delivery of the Merchandise (excluding additional costs resulting from the Customer's method of delivery other than plain cheapest shipping method available in the Online Shop). Seller shall refund the payment using the same method of payment, which was used by the Customer, unless the Customer has expressly agreed to a different way of return, which is cost free for the Customer. If the Seller didn’t offer to pick up the Merchandise from the Customer in person, Seller may withhold the payment refund until the moment when the Seller receives the Merchandise back or the Customer provides the evidence of dispatching the Merchandise to the Seller, depending on which event occurs first.

5. The Customer is obliged immediately, but no later than within 14 calendar days from the date on which terminated the Sale Contract, to return the Merchandise to the Seller or to hand it over to a person authorized by the Seller to receive it. To meet the deadline Customer has to dispatch the Product prior to its expiration (14 days). The Customer may return product to the following address: Branickiego 15, 02-972 Warsaw, POLAND.

6. The Customer is responsible for Merchandise value decrease as a result of using it in a not proper way which goes beyond the necessity to check the nature, characteristics and functioning of the Merchandise.

7. Possible costs related to the termination of the Sale Contract by the consumer, which shall be borne by the Customer:

7.1. If the Customer has chosen method of delivery of the Merchandise other than standard cheapest shipping method available in the online store, the Seller shall not be obliged to refund the Customer the extra costs related to more expensive delivery than standard one.

7.2. The Customer bears the direct cost of returning the Merchandise.

8. The right of termination of the remotely concluded Sale Contract is not granted to the Customer in respect of Sale Contracts:

8.1. (1) of offering the services if the Seller made a full service with the consent of the Customer, who has been informed before starting the service that since the service is fully delivered by the Seller to the Customer, the Customer will lose the right to terminate the Sale Contract; (2) in which the price or remuneration depends on fluctuations in the financial market over which Seller has no control, and which may occur before the deadline for termination; (3) the offered Merchandise is non-prefabricated product, manufactured according to the specifications of the Customer or used to satisfy their individual needs; (4) where the Merchandise supplied is undergoing rapid decay or having a short shelf life; (5) where the Merchandise supplied is delivered in sealed packaging that after opening the package can not be returned due to health protection or hygiene reasons, if it were unsealed after delivery; (6) the object of which is to provide products that after delivery, due to their nature, are inextricably linked to other things; (7) in which the Customer has specifically demanded that Seller came to him to make urgent repairs or maintenance; if the Seller provides additional services other than those which comply with the Customer demands or provides products other than parts necessary for repair or maintenance, right of termination/ withdrawal is granted to the Customer for additional services or products.

 

NON CONSUMER RELATED PROVISIONS 

1. This section of the General Terms and Conditions and the provisions contained hereinafter apply only to non-consumer Customers.

2. The Seller has a right terminate the Sale Contract concluded with the non-consumer Customer within 14 calendar days from its conclusion. Termination of the Sale Contract in this case may be effected without giving any reason and gives no right to the Customer to rise any claims against the Seller.

3. For non-consumers, the Seller may limit the methods of payment available and also may require the total or a portion pre-payment, regardless of the method of payment selected by the Customer and the fact of concluding a Sale Contract.

4. The benefits and burdens associated with the asset and the risk of its accidental loss or damage pass to the non-consumer Customer upon issue of Merchandise by the Seller to the carrier. In such a case, the Seller will not be liable for any total or partial loss of or damage to the Merchandise which may occur between its acceptance for shipment and delivery to the Customer, or for any delay in shipment.

5. If Merchandise is shipped to the Customer through a carrier, the non-consumer Customer is obliged to inspect the shipment within the time and in a manner established for the type of shipment. If the Customer finds that any portion of the Merchandise has been lost or damaged in transit, the Customer must take any and all steps as necessary to determine the carrier’s liability.

6. In accordance with Art. 558 § 1 of the Code of Civil liability of the Seller under the warranty (Polish “rękojmia”) for the product to the Customer who is not a consumer is excluded.

7. In the case of the non-consumer Customers the Seller may terminate the Electronic Services with immediate effect and without indicating reasons by sending the Customer appropriate notification/ statement.

8. The liability of the Service Provider/Seller to the non-consumer User/Customer irrespective of the legal basis, is limited and capped - in respect of both any one claim and all claims - in aggregate to the sum of the price paid and the costs of delivery under the Sale Contract and in any case to maximum amount of 1 000 zł. The Service Provider/Seller is liable to the non-consumer User/Customer only for typical damage, foreseeable at the time of contacting, and may not be held liable by the non-consumer User/Customer for any loss of benefits.

9. Any dispute arising between the Seller and the Customer will be referred to the court of competent jurisdiction over the registered office of the Service Provider/Seller.

 

MERCHANDISE RELATED COMPLAINTS 

1. The legal basis for and the scope of the Seller’s liability to the Customer, for physical or legal defect (Polish: “rękojmia”) of the Merchandise with the Sale Contract, are defined in line with generally applicable laws, in particular the in the Polish Civil Code.

2. Seller is obliged to provide the Customer with Merchandise without defects.

3. The Customer may lodge a complaint via:

3.1. Writing form to the following address: Branickiego 15, 02-972 Warsaw, POLAND;

3.2. Electronic form via e-mail to the following address: contact@cabletie.eu.

4. It is recommended to provide the following information in the complaint form: (1) the information and circumstances relating to the subject of complaints, in particular the type and date of defect; (2) the expected way of solving the complaint for example: price reduction or Sale Contract termination (3) the contact details, is recommended to facilitate and accelerate the complaint review process by the Seller. The above-mentioned requirements shall be treated as recommendations only and do not impact the effectiveness of the complaints which are placed in other form than descried above.

5. Any complaints shall be reviewed by the Seller immediately, however, no later than within 14 days.  If the Customer being a consumer demanded exchange for the new Merchendise or demanded the defect to be fixed or notified the price reduction providing the Seller with the decreased price and the Seller failed to  respond to the complaint within the above indicated period, the compliant shall be considered agreed.

6. A Customer who execute the powers under warranty (Polish: “rękojmia”), is obliged at the expense of the Seller to deliver a defective Merchandise to the following address: PO Box No. 2, 00-950 Warsaw. In case of the consumers the costs of delivery is borne by the Seller, in case of the non-consumers the cost is borne by the Customer. If due to the nature of the Merchandise or the way it is assembled Merchandise delivery would be extremely difficult, the Customer is obliged to provide the Seller with the access to the Merchandise at the point where the Merchandise is located.

 

 

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