Returns and complaints

 Withdrawal from the contract

  1. According to the art. 27 of The Consumer Rights Bill The Customer, who is a Consumer has a right to withdraw from the sales agreement concluded long distance or off- premises without giving a cause (without justification).
  2. The right to withdraw from the Contract is available within 14 calendar days from taking the item into possession by The Customer or a third party designated by The Customer other than the courier/carrier.
  3. To execute the statutory right of withdrawal from the contract, The Consumer shall send The Seller a written statement to The Seller’s company address – Berneńska Street 9d, 03-976 Warsaw, or via his contact e – mail, kontakt1@armahobby.pl
  4. The Consumer can also use a template statement, attached on The Seller’s website, being also the Attachment 1 to these Terms and Regulations. Using the template statement is not compulsory and does not count or have any impact in the withdrawal procedure.
  5. To properly execute (exercise) the right to withdraw within the given time frame, it is suffice for The Consumer to inform The Seller on - line via the contact e – mail before the time frame expiration.
  6. The Consumer who filed his withdrawal on – line via e – mail shall receive a confirmation e – mail about the withdrawal to an address given in the order form or in the registration process.
  7. The Seller shall immediately, no longer than within 14 calendar days from receiving the withdrawal statement, give back any received from The Consumer payments, including the delivery costs. The Seller wires the payments back in the same manner as he received them, unless The Consumer specifically asks for a different payment method, which does not come with any additional fees.
  8. The Seller holds back with the re- payment until receiving the purchased item back, or until receiving written confirmation of the item’s shipment, in case The Seller is not bound to personally collect the item.
  9. The Consumer is required to promptly return the product/item to The Seller or to any person authorized by The Seller to receive the product/item immediately, no more than 14 calendar days from the day on which The Consumer withdrew from the contract.
  10. Where The Consumer has chosen a delivery option other than the most economical default delivery standard offered by The Seller, the latter is not required to reimburse The Consumer for the additional costs.
  11. The Consumer shall only bear the direct costs of returning the product/item.
  12. The product/item shall be returned to the following address: Berneńska Street 9d, 03-976 Warsaw.
  13. The Consumer is only liable for any decrease in value of the product/item resulting from use of the products in a manner exceeding the reasonable use necessary to ascertain the nature, features and functions of the product.
  14. The Consumer shall not be entitled to withdraw from an off-premises contract or from a long distance contract, in relation to contracts:
  15. a) for the provision of services where The Seller has fully performed the service with The Consumer’s explicit consent and The Consumer was informed before the commencement of the service that he would lose the right to withdraw from the contract upon the completion of the service by The Seller;
  16. b) which include a price or remuneration which depends on financial market fluctuations which are beyond The Seller’s control and which may occur before the time limit for withdrawal from the contract expires;
  17. c) where the performance consists of a non-prefabricated product, custom-made for a consumer or intended to satisfy a consumer’s individual needs;
  18. d) where the performance consists of products prone to rapid decomposition or which expire rapidly;
  19. e) where the performance consists of products delivered in closed packaging bearing a seal, which cannot be sent back after the packaging has been opened because of healthcare concerns or for hygienic reasons, if the packaging was opened after delivery;
  20. f) where the performance consists of products which, owing to their nature, become inseparably connected to other products after delivery;
  21. g) where the performance consists of alcoholic drinks, the price of which was agreed upon at the moment the sales agreement was concluded, the delivery of which cannot be effected until 30 days have expired, and the value of which depends on financial market fluctuations which are beyond The Seller’s control;
  22. h) where The Consumer explicitly requests that The Seller come to perform urgent repair or maintenance work; if The Seller provides additional services other than the ones requested by The Consumer or delivers products other than spare parts essential for the performance of the requested repair or maintenance work, The Consumer shall be entitled to withdraw from the contract in relation to those additional products and/or services;
  23. i) where the performance consists of audio or video recordings or computer programs delivered in closed packaging bearing a seal, if the packaging was opened after delivery;
  24. j) for the delivery of daily newspapers, periodicals or magazines, except for a subscription contract;
  25. k) concluded by means of a public auction;
  26. l) for accommodation services other than for residential purposes, transportation of products, car rental, gastronomic services, leisure services, or entertainment, sport or cultural events, if the contract specifies a day or a period of provision of the service;
  27. m) for the delivery of digital content which is not recorded on a physical medium, where the provision of the service commences upon The Consumer’s explicit consent before the time limit for withdrawal from the contract expires and after The Consumer is notified by The Seller of the loss of the right to withdraw from the contract.

 ADR procedures (Alternative Dispute Resolution).

  1. The Customer who is a Consumer has the right to use the alternative dispute resolution procedures.
  2. Information regarding the ADR procedures is available in the District Consumers Ombudsman offices, on their websites, in the offices of NGOs which statutory concerns include consumer rights and in Voiovodship Commerce Inspection offices and upon the Office of Competition and Consumer Protection website:

http://www.uokik.gov.pl/spory_konsumenckie.php , http://www.uokik.gov.pl/sprawy_indywidualne.php , http://www.uokik.gov.pl/wazne_adresy.php .

  1. The Customer who is a Consumer has different means to use within the ADR procedures:
  2. a) calling the arbitral consumers court to resolve the dispute regarding the sales agreement according to art. 37 of the Commerce Inspection Bill, the Terms and Regulations of the arbitral courts is set forth with a regulation of the ministry of justice from 25 th of September 2001 r. regarding the terms of use of the arbitral consumer courts.
  3. b) calling the voivodship commerce inspection inspector with a motion to initiate a mediation procedure regarding an arbitral dissolution of a dispute between the consumer and the seller
  4. c) using the district consumers ombudsman help or using the help of an NGO which statutory concerns include consumer rights
  5. d) using the electronic disputes resolution method with The Seller provided by the UE platform available upon:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

 

Attachment 1

The withdrawal from the contract template form

 

Addressee:

Arma Hobby s.c., ul. Berneńska 9D, 03-976 Warszawa, NIP: 1132870299, REGON: 146945084, contact phone number: 22 409 1971, e – mail: kontakt1@armahobby.pl

Statement:

I, …………………………………………………………. Hereby inform to withdraw from the sales agreement of the following:

……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

Item’s (product’s) catalogue number: ………………………………………………………………….

Order’s/invoice’s number: …..…………………………………………………………………………….

Product’s delivery date: ..…………………………………………………………………………………..

Delivery’s address: ………………………………………………………………………………………………………………………..

Customer’s e – mail address: ……………………………………………………………………………..

Customer’s contact number: ………………………………………………………………………………

Reason for withdrawal (optional):

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

 

                                                                                              …………………………………

                                                                                                 date and signature         

Attachment 2

Instruction on the withdrawal from the contract

 

You have the right to withdraw from the herein sales agreement within 14 days upon its conclusion without giving reason.

The withdrawal date expires after 14 days from:

  1. Getting into possession of the purchased item by yourself or by a designated by you third party, other than the courier,
  2. Getting into possession of the last purchased item by yourself or a designated by you third party, other than the courier got into possession of the last item,
  3. Getting into possession of the last part or portion of the item by yourself or a designated by you third party other than the courier got into possession of the last part or portion of the item,
  4. Getting into possession of the first of items by yourself or by a designated by you third party other than the courier got into possession of the first of items.

To exercise your right to withdraw from the contract do inform The Seller (partners of a civil company Arma Hobby s.c. ul. Berneńska 9d, 03-976 Warszawa, NIP: 1132870299, REGON: 146945084, telefon: 22 409 1971, e – mail: kontakt1@armahobby.pl ) of your decision using a unequivocal written statement (via post, fax, or e – mail).

You may use the withdrawal template form but it is not compulsory.

You may also fill in and send the withdrawal form (or other unequivocal written statement) using our website. If you decide to do so, we will send you an immediate confirmation e – mail upon the withdrawal.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

 

Results of the withdrawal from the contract

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We could hold back with the re- payment until receiving the purchased item back, or until receiving written confirmation of the item’s shipment, in case we are not bound to personally collect the item.

You are required to promptly return the product/item to us or to any person authorized by us to receive the product/item immediately, no more than 14 calendar days from the day on which you withdrew from the contract.

You shall only bear the direct costs of returning the product/item.