Returns, complaints and formal information
Returns, complaints and withdrawal from the contract
This page explains how to submit a complaint or withdraw from a distance contract concluded with
Melkib Klus Raczek Spółka Komandytowa. Consumer rights apply to Consumers and, within the limits
provided by Polish law, to natural persons conducting business where the contract is directly
connected with their business but is not professional in nature. Professional Business Buyers are
subject to the separate B2B rules set out below. Complaints and withdrawal statements may be sent
electronically to [email protected] or in writing to the Seller’s registered office in Cieszyn.
The downloadable forms are optional and are provided only to make submitting a request easier.
Who is entitled to consumer rights?
For the purposes of this page:
-
a Consumer is a natural person concluding a contract for purposes not directly
related to their business or professional activity;
-
an Entrepreneur with consumer rights is a natural person concluding a contract
directly related to their business activity where the contract is not professional in nature
for that person, as determined in particular by the scope of their business activity disclosed
in the Polish Central Register and Information on Economic Activity (CEIDG);
-
a Professional Business Buyer is a Buyer making a purchase of a professional
nature in connection with their business activity, as well as a company or another organisational
entity that is not entitled to consumer protection under mandatory law.
An Entrepreneur with consumer rights is not formally a Consumer but is entitled to the consumer
protection granted to such entrepreneurs by mandatory provisions of Polish law.
§ 8. Right to withdraw from a distance contract
The statutory right of withdrawal applies to Consumers and Entrepreneurs with consumer rights.
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A Consumer or an Entrepreneur with consumer rights may withdraw from a distance or off-premises
contract within 14 days without giving a reason, subject to the statutory exceptions.
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The withdrawal period generally begins on the day on which the Buyer or a third party indicated
by the Buyer, other than the carrier, takes possession of the goods.
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To meet the deadline, it is sufficient to send an unambiguous withdrawal statement before the
14-day period expires.
-
The statement may be sent:
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by email to
[email protected];
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by post to Melkib Klus Raczek Spółka Komandytowa,
ul. Stawowa 91, 43-400 Cieszyn, Poland;
-
using the model withdrawal form available on this page.
-
The use of the model form is voluntary. A withdrawal statement submitted in another clear form
is also effective.
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The Buyer should return the goods without undue delay and no later than 14 days after notifying
the Seller of the withdrawal, unless the Seller has offered to collect them.
-
The Seller will reimburse the payments received, including the cost of the least expensive
ordinary delivery method offered by the Seller, no later than 14 days after being informed
of the withdrawal.
-
The Seller may withhold reimbursement until the goods have been received or until the Buyer
provides evidence that they have been returned, whichever occurs first.
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The right of withdrawal does not apply in the cases specified by mandatory law, including certain
personalised goods, goods that deteriorate rapidly, sealed goods that cannot be returned for health
protection or hygiene reasons after opening, and other statutory exceptions.
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A Professional Business Buyer does not have a statutory 14-day right of withdrawal unless the
Seller expressly agrees otherwise.
§ 9. Complaints and conformity of goods with the contract
The Seller is obliged to deliver goods that conform to the contract.
Consumers and Entrepreneurs with consumer rights
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The Seller is liable for a lack of conformity of the goods with the contract that existed at
the time of delivery and became apparent within two years from that time, unless mandatory law
provides for a longer period.
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If the goods do not conform to the contract, the Buyer may request their repair or replacement.
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The Seller may carry out a replacement instead of a repair, or a repair instead of a replacement,
if the method selected by the Buyer is impossible or would result in excessive costs for the Seller,
in accordance with applicable law.
-
The Buyer may demand a price reduction or withdraw from the contract in the circumstances
specified by law, including where:
- the Seller has refused to repair or replace the goods;
- the Seller has failed to bring the goods into conformity with the contract;
- the lack of conformity persists despite an attempted repair or replacement;
- the lack of conformity is sufficiently serious to justify an immediate price reduction or withdrawal;
- it is clear that the Seller will not bring the goods into conformity within a reasonable time or without significant inconvenience.
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Withdrawal due to a lack of conformity is not available where the lack of conformity is insignificant.
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Repair or replacement will be performed within a reasonable time and without significant inconvenience
to the Buyer. The Seller bears the costs required by mandatory consumer law.
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The Seller will respond to a complaint submitted by a Consumer or an Entrepreneur with consumer
rights within 14 calendar days after receiving it.
How to submit a complaint
A complaint may be submitted:
-
electronically to
[email protected];
-
in writing or in person at:
Melkib Klus Raczek Spółka Komandytowa,
ul. Stawowa 91, 43-400 Cieszyn, Poland;
-
using the downloadable complaint form.
To facilitate the assessment, the complaint should preferably contain the Buyer’s contact details,
the order or invoice number, identification of the goods, a description of the problem and the requested
method of resolving the complaint. Photographs may be attached where they help document the problem.
The use of the form and the attachment of a receipt are not conditions for accepting a complaint.
Rules applicable to Professional Business Buyers
This section applies only to professional B2B purchases. It does not apply to Consumers or,
to the extent protected by mandatory law, Entrepreneurs with consumer rights.
-
For important reasons, including permanent unavailability of goods or an extraordinary change
in supplier prices, the Seller may withdraw from a contract concluded with a Professional Business
Buyer within 14 days after its conclusion. The Seller will notify the Buyer and refund payments
received under the affected contract.
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The Seller may limit the payment methods available to a Professional Business Buyer, including
requiring full or partial prepayment.
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When the goods are handed over by the Seller to the carrier, the benefits and burdens associated
with the goods and the risk of accidental loss or damage pass to the Professional Business Buyer.
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A Professional Business Buyer should inspect the shipment at the time and in the manner customary
for shipments of this type. If loss or transport damage is discovered, the Buyer should take the
actions necessary to establish the carrier’s liability.
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Pursuant to Article 558 § 1 of the Polish Civil Code, the Seller’s liability under the statutory
warranty for defects is excluded in relation to Professional Business Buyers.
The exclusion is ineffective where the Seller has fraudulently concealed a defect.
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The Seller will make reasonable efforts to consider a complaint submitted by a Professional Business
Buyer within 14 days. The consumer rules on complaints do not apply to such a Buyer.
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The Seller’s liability towards a Professional Business Buyer, regardless of its legal basis,
is limited in respect of an individual claim and all claims in total to the price paid and delivery
costs under the Sales Agreement concerned, but not more than PLN 1,000.
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The Seller is liable towards a Professional Business Buyer only for typical damage that could
reasonably have been foreseen when the contract was concluded and is not liable for lost profits.
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The limitations and exclusions of liability do not apply where their application is prohibited
by mandatory law, in particular in the case of damage caused intentionally by the Seller.
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Any dispute between the Seller and a Professional Business Buyer will be submitted to the common
court having territorial jurisdiction over the Seller’s registered office, unless mandatory law
provides otherwise.
§ 12. Out-of-court settlement of consumer disputes
A Consumer may use out-of-court complaint and redress procedures, including mediation and proceedings
before a permanent consumer arbitration court operating at the competent Provincial Inspectorate
of Trade Inspection.
A Consumer may also obtain free assistance from a municipal or district consumer ombudsman.
The use of an out-of-court procedure is voluntary and does not prevent either party from pursuing
its rights before a competent common court.
In disputes involving a Consumer or an Entrepreneur with consumer rights, the competent court is
determined in accordance with mandatory procedural law. In disputes involving a Professional Business
Buyer, the court having territorial jurisdiction over the Seller’s registered office is competent.
Complete and return this form only if you are entitled to withdraw from the contract and wish
to exercise that right.
Recipient
Melkib Klus Raczek Spółka Komandytowa
ul. Stawowa 91
43-400 Cieszyn
Poland
Email:
[email protected]
Telephone:
+48 33 851 46 01
Withdrawal statement
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the sale of
the following goods (*) / the supply of the following service (*):
....................................................................................................................
....................................................................................................................
Order number or invoice number:
....................................................................................................................
Date of conclusion of the contract (*) / date of receipt of the goods (*):
....................................................................................................................
Name and surname of the Consumer or Entrepreneur with consumer rights:
....................................................................................................................
Business name and tax identification number, where applicable:
....................................................................................................................
Address:
....................................................................................................................
Email address or telephone number:
....................................................................................................................
Signature, required only where the form is submitted on paper:
....................................................................................................................
Date:
....................................................................................................................
(*) Delete as appropriate.
Personal data information
Information concerning personal data submitted in connection with a complaint or withdrawal
from a contract.
The controller of the personal data is
Melkib Klus Raczek Spółka Komandytowa,
with its registered office at ul. Stawowa 91, 43-400 Cieszyn, Poland,
NIP 5482129159 and REGON 072176935.
The controller may be contacted by email at
[email protected],
by telephone at
+48 33 851 46 01
or by post at the registered office address.
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Personal data are processed to receive, verify, consider and document a complaint or withdrawal
statement, communicate with the person submitting it, perform the contract and comply with legal
obligations imposed on the controller.
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The legal bases for processing are Article 6(1)(b) GDPR, where processing is necessary for the
performance of the contract or to take action at the request of the data subject, and Article
6(1)(c) GDPR, where processing is necessary to comply with a legal obligation.
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Data may also be processed under Article 6(1)(f) GDPR for the purposes of establishing, pursuing
or defending legal claims, maintaining records of handled requests and protecting the controller’s
legitimate interests.
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Providing the data required to identify the Buyer, order, goods and submitted request is voluntary,
but failure to provide sufficient information may make it impossible to consider the complaint
or withdrawal statement. Additional data that are not necessary should not be provided.
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Data may be disclosed, to the extent necessary, to providers supporting the controller in customer
service, hosting and IT systems, accounting and legal services, payment operators, couriers and
logistics providers, as well as to public authorities where required by law.
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Data will be retained for the period necessary to handle the request and subsequently for the
period resulting from accounting and tax obligations, responsibility for conformity of goods
with the contract, statutory warranty rules and applicable limitation periods for claims.
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Subject to the conditions set out in the GDPR, the data subject has the right to request access
to their data, rectification, erasure, restriction of processing and data portability, and to
object to processing based on the controller’s legitimate interests.
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The data subject has the right to lodge a complaint with the President of the Polish Personal
Data Protection Office if they consider that the processing of their personal data infringes
applicable data protection law.
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No decision producing legal effects or similarly significantly affecting the person submitting
the request is made solely by automated means in connection with the consideration of a complaint
or withdrawal statement.
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The submission of a complaint or withdrawal statement does not constitute consent to receive
marketing or commercial communications.
Further information is available in the
Melkib Privacy Policy
.
Seller details
Melkib Klus Raczek Spółka Komandytowa
ul. Stawowa 91
43-400 Cieszyn
Poland
NIP: 5482129159
REGON: 072176935
KRS: 0000983585
Email: [email protected]
Telephone: +48 33 851 46 01
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