RETURNS
Information for consumers on the right of cancelation of a remote contract
As a consumer, you're entitled to cancel a sales agreement made through the Online Store within 14 days without specifying the reason. The cancelation period shall expire after 14 days from the day on which you take possession of the goods or on which a third party other than the carrier and indicated by you takes possession of the goods. To exercise your right of cancelation, you must inform us of your decision to cancel the sales agreement by an explicit statement (for example, a letter sent by post or e-mail). You may send your declaration by, for example:
- in writing, to the address: Ava Ltd., 34A Kleeberg St., Bialystok 15-691,
- electronically, to the e-mail address: sklep@avalingerie.pl.
A sample cancelation form is included in Annex No. 2 to the Consumer Rights Act and is additionally available on the website of the Online Store under 'Returns and exchanges'. You may use the sample cancelation form, but it is not mandatory.
In order to comply with the cancelation period, it's sufficient for you to send your communication concerning the exercise of your right of cancelation before the expiry of the cancelation period.
If you cancel the sales agreement, we shall reimburse all payments which we have received from you, including the costs of delivery of the goods (with the exception of the extra costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without delay and in any event not later than 14 days from the day on which we are informed of your decision to exercise your right of cancel the sales agreement. We will refund the payment using the same payment methods used by you in the original transaction unless you have specifically agreed otherwise; in any event, you will not incur any fees in connection with the refund. We can withhold reimbursement until we receive the goods or until you provide us with proof of return, whichever event occurs first.
If you have received the item, please return it to the following address: 34A Kleeberg St., Bialystok 15-691. Please do so immediately or no later than 14 days from the day you informed us of your cancelation of the sales agreement. The deadline will be met if you send the item back before the expiry of the 14-day period. You will have to bear the direct expenses of returning the goods. You are only liable for any reduction in the value of the item resulting from your use of the item other than what is necessary to establish the nature, characteristics, and functioning of the item.
COMPLAINTS
PRODUCT COMPLAINTS BY THE CONSUMER UNDER THE LEGAL ACT |
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GROUNDS FOR COMPLAINT |
for non-conformity of goods with the sales agreement | under warranty | |
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DATE OF CONCLUSION OF THE SALES AGREEMENT |
applicable to Sales Agreements concluded before 24 December 2014 | applicable to Sales Agreements concluded from 25 December 2014 | |
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LEGAL BASIS |
the Act on specific terms of consumer sales and amendments to the Civil Code of 27 July 2002 (Journal of Laws No. 141, item 1176, as amended) and other generally applicable provisions of law | the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) and other commonly binding legal regulations | |
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BASIC CONDITIONS FOR THE SELLER’S LIABILITY |
The Seller shall be liable to the Customer if the Product at the time of its issue is not in conformity with the Sales Agreement. non-conformity of the goods with the Sales Agreement In the case of individual negotiations regarding the characteristics of the Product, it is deemed that the Product is in conformity with the Sales Agreement, if it conforms to the description given by the Seller or if it has the characteristics of the sample or model presented to the Customer, as well as if it is suitable for the purpose defined by the Customer while concluding the Sales Agreement unless the Seller has made any reservations as to the such purpose of the Product. In cases not covered by the aforementioned cases, it shall be deemed that the Product is consistent with the Sales Agreement if it is suitable for the purpose for which the Product of this type is usually used, and if its characteristics correspond to the characteristics of the Product of this type. The same shall be presumed when the Product corresponds to the expectations regarding a Product of that type based on assurances made publicly by the Seller, the manufacturer, or its representative; in particular, the assurances, expressed in the Product's labeling or advertising, relating to the characteristics of the Product, including the period of time for which the Product is supposed to keep them, shall be taken into account. The assurances of the person who introduces the Product into the domestic market within the scope of his or her business and of the person who claims to be the manufacturer by affixing his or her brand name, trademark, or other distinctive sign to the Product shall be treated equally to the manufacturer's assurances. Non-conformity of the Product with the Sales Agreement shall also be deemed incompatibility of the Product with the Sales Agreement if these actions have been carried out within the framework of the Sales Agreement by the Seller or by a person for whom he bears liability, or by the Customer in accordance with the instructions received at the time of sale. Seller's exemption from liability The Seller shall not be liable for any inconsistency of the Product with the Sales Agreement if the Customer knew about such inconsistency or, reasonably judging, should have been aware of it. The Seller shall not be bound by the assurances referred to in Article 4 if he proved that he did not know that assurance and, judging reasonably, could not have known or that it could not have affected the buyer's decision to conclude the Sales Agreement, or that its contents were amended prior to concluding the Agreement. | The Seller is liable to the Customer if the sold Product has a physical or legal defect (warranty). physical defect The Seller is liable under the warranty for physical defects that existed at the time when the hazard passed to the Customer or arose from a cause existing in the sold Product at the same time. Physical defect means non-conformity of the sold Product with the Sales Agreement. In particular, the sold Product is non-conforming with the Sales Agreement if: 1) does not have the properties which a Product of this type should have due to the purpose defined in the Sales Agreement or stemming from the circumstances or intended use; 2) does not have the qualities which the Seller assured the Customer of, including presenting a sample or design; 3) is not suitable for the purpose which the Customer informed the Seller of at the time of concluding the Sales Agreement, and the Seller did not raise any objections as to such purpose; 4) it has been delivered to the Customer in an incomplete state. If the Customer is a consumer, the public assurances of the manufacturer or its representative, a person who introduces the Product into circulation within the scope of its business activity, and a person who presents himself as the manufacturer by placing his name, trademark, or other distinguishing mark on the sold Product are deemed equal to the assurances of the Seller. The sold Product has a physical defect also in the case of its improper assembly and start-up, if these activities have been performed by the Seller or a third party for which the Seller bears responsibility or by the Customer who followed the instructions received from the Seller. legal defect The Seller is responsible to the Customer if the sold Product is the property of a third party or if it is encumbered with the right of a third party, as well as if the restriction in the use or disposal of the Product results from the decision or ruling of a relevant authority; in the case of a sale of the right, the Seller is also responsible for the existence of the right. Seller's exemption from liability The Seller is exempt from liability under the warranty if the Customer knew about the defect at the time of concluding the Sales Agreement. When the subject of the Sales Agreement are Products marked exclusively as to their type or Products which are to be made in the future, the Seller shall be exempt from liability under warranty if the Customer knew about the defect at the time of issuing the goods. This regulation does not apply when the Customer is a consumer. The Seller shall not be liable to the Customer who is a consumer for the fact that the sold Product does not have the properties resulting from public assurances specified above, if the Seller did not know those assurances and, judging reasonably, could not have known them or if they could not have influenced the Customer's decision on concluding the Sales Agreement, or if their content has been rectified before concluding the Sales Agreement. | |
| BASIC CONSUMER RIGHTS | As a rule, these rights have a two-stage nature, which means that the Customer has the opportunity to proceed to the second stage of rights only after having exhausted the rights from the first stage: 1) Stage: repair/replacement If the Product is not in conformity with the Sales Agreement, the Customer may request to be brought into conformity with the Sales Agreement by repairing it for free or replacing it with a new one, unless the repair or replacement is not possible or requires excessive costs. When assessing the excessiveness of the costs, the value of the Product in conformity with the Sales Agreement and the type and degree of the non-conformity found shall be taken into account, as well as the inconvenience to which other means of satisfaction would expose the Customer. 2) Stage: price reduction/refund If the Customer, for the reasons specified above, cannot demand repair or replacement or if the Seller is not able to satisfy such a demand within a reasonable timeframe or if the repair or replacement would expose the Customer to significant inconvenience, the Customer may demand an appropriate price reduction or cancelation from the Sales Agreement. The Customer may not withdraw from the Sales Agreement if the Product's non-conformity with the Sales Agreement is insignificant. When determining the appropriate period of repair or replacement, the type of Product and the purpose of its purchase shall be taken into account. | These rights are, in principle, equivalent, which means that the Customer has the opportunity to exercise both the first and the second group of rights at once: 1) Group: price reduction/refund If the sold Product has a defect, the Customer may submit a declaration to reduce the price or cancel the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Product with a defect-free one or removes the defect. This restriction shall not apply if the Product has already been replaced or repaired by the Seller or the Seller failed to fulfill the duty to replace the Product with a defect-free one or to remove the defect. The lowered price shall be in such proportion to the price resulting from the Sales Agreement as the value of the Product with the defect remains to the value of the Product without the defect. The Customer may not cancel the Sales Agreement if the defect is not significant.
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| IMPORTANT COMPLAINT DEADLINES | 2 months to notify the Seller of the non-conformity The buyer loses his or her rights if he or she does not notify the Seller of the non-conformity of the Product with the Sales Agreement before the expiry of the two-month deadline. It is considered sufficient to send the notice before the expiry of the deadline. 6 months of alleged non-conformity at the moment of issuing the Product The Seller shall be liable to the Customer if the Product, at the moment of its issuance, is not in conformity with the Sales Agreement; if the non-conformity is found before the lapse of six months from the issuance of the Product, it shall be deemed to have existed at the moment of its issuance. 2 years of the Seller's liability The Seller shall be liable for the non-conformity of the Product with the Sales Agreement only in the case of its discovery before the lapse of two years from the issuance of the Product to the Customer; this time limit runs anew in the case of a Product replacement. |
1 year of the presumption of the existence of a defect at the moment of issuing the Product The Seller is liable under the warranty for physical defects which were in existence at the moment of the passing of the danger to the Customer or which resulted from the cause inherent in the sold Product at that moment. If the Customer is a consumer and the physical defect was detected before the lapse of one year from the date of issue of the sold Product, it is presumed that the defect or its cause existed at the time when the danger passed to the Customer. 2 years of the Seller's liability The Seller is liable under the warranty if a physical defect is found before the lapse of two years, and in the case of defects in real estate - before the lapse of five years from the date of issuance of the Product to the Customer. For the exercise of rights under the warranty for legal defects of the sold Product, the provisions relating to physical defects are applicable, with the provision that the time limit for the exercise of rights under the warranty shall commence from the day on which the Customer learned of the existence of the defect, and if the Customer learned of the existence of the defect only as a result of a third party action - from the day on which the ruling issued in the dispute with the third party became legally binding. |
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| WHERE AND HOW TO SUBMIT A COMPLAINT |
A complaint may be submitted by the Customer in several ways:
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| DESCRIPTION OF THE COMPLAINT |
It is recommended that the Customer provides the following information in the description of the complaint - this will facilitate and accelerate the processing of the complaint by the Seller:
The aforementioned requirements are only a recommendation and do not affect the effectiveness of complaints submitted with the omission of the recommended complaint specification. |
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| DELIVERY OF THE PRODUCT UNDER COMPLAINT | If, in order for the Seller to respond to the Customer's complaint or to exercise the Customer's rights under the non-conformity of the Product with the Sales Agreement/warranty, it is necessary to deliver the Product to the Seller, the Customer will be requested by the Seller to deliver the Product at the Seller's expense to the address: 34A Kleeberg St., Bialystok 15-691. If, however, due to the type of non-conformity/defect, type of Product, or its assembly method, delivering the Product by the Customer would be impossible or excessively difficult, the Customer is required to make the Product available to the Seller at the place where the Product is located. The request to deliver the Product, which is mentioned above, has no effect on the running of the deadline for the Seller's response to the Customer's complaint and does not affect the Customer's right - in the case of submitting a complaint based on the warranty - to demand from the Seller to disassemble the defective Product and reassemble the Product after its replacement with a defect-free one or after the removal of the defect, referred to in Article 561[1] of the Civil Code. | ||
| THE SELLER'S REPLY | The Seller shall provide the response to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Seller fails to respond within the aforementioned time period, it shall mean that the Seller has acknowledged the complaint as justified. | ||
| OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AS WELL AS RULES ON ACCESS TO THESE PROCEDURES |
Detailed information regarding the possibility for a Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as rules of access to these procedures, are available at the offices and websites of district (city) consumer advocates, social organizations whose statutory tasks include protecting consumers, Provincial Inspectorates of Commercial Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:
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