Refund policy

 COMPLAINT DUE TO PRODUCT NON-COMPLIANCE 

 

The basis and scope of the Seller's liability towards the Client being a Consumer or an entity as mentioned in § 10 of the Regulations due to the non-compliance of the Product with the agreement are determined by the Consumer Rights Act of May 30, 2014. The basis and scope of the Seller's liability towards the Client being an Entrepreneur, as mentioned in § 9, due to warranty are determined by the Civil Code of April 23, 1964. The Seller is liable to the Client being a Consumer or an entity as mentioned in § 10 of the Regulations for the non-compliance of the Product with the agreement existing at the time of the Product's delivery and revealed within 2 years from that moment unless the Product's expiry date specified by the Seller or persons acting on his behalf is longer. Notifications of the non-compliance of the Product with the agreement and the submission of the appropriate request can be made by email to: contact@s4rk.com or in writing to the address: Ligota Piękna, Aleja Sosnowa 12A, 55-114. In the above message in written or electronic form, provide as much information and circumstances regarding the subject of the complaint as possible, including the type and date of the occurrence of irregularities and contact details. The provided information will significantly facilitate and expedite the consideration of the complaint by the Seller. Include any proof of purchase. For the assessment of irregularities and non-compliance of the Product with the agreement, the Consumer or the entity as mentioned in § 10 of the Regulations is obliged to make the Product available to the Seller, and the Seller is obliged to accept it at his expense. The Seller will respond to the Client's request immediately, no later than 14 days from the moment of its receipt. In the case of a complaint from a Client being a Consumer or an entity as mentioned in § 10 of the Regulations, failure to consider the complaint within 14 days from its submission is equivalent to its acceptance. A Client being a Consumer or an entity as mentioned in § 10 may demand, in the first place, the replacement or repair of the Product by the Seller. The Client can only demand a price reduction and withdrawal from the agreement in cases specified in the Consumer Rights Act of May 30, 2014 (including when the non-compliance of the goods with the agreement is significant, when the Seller refuses to bring the goods into conformity with the agreement, or when the non-compliance of the goods with the agreement continues, despite the Seller's attempt to bring the goods into conformity with the agreement). In connection with a justified complaint from a Client being a Consumer or an entity as mentioned in § 10 of the Regulations, the Seller will:

  • cover the costs of repair or replacement and re-delivery of the Product to the Client,
  • reduce the price of the Product (the reduced price must remain in proportion to the price of the product in accordance with the agreement to the product not in accordance with the agreement) and return the value of the reduced price to the Consumer or the entity as mentioned in § 10 no later than 14 days from the receipt of the statement on the price reduction from the Consumer or the entity as mentioned in § 10,
  • in the case of withdrawal from the agreement by the Consumer or the entity as mentioned in § 10 – the Seller will refund the price of the Product to him no later than 14 days from the receipt of the returned goods or proof of its return. In the event of withdrawal from the agreement, the Consumer or the entity as mentioned in § 10 is obliged to return the goods to the Seller immediately at the Seller's expense.
  • The response to the complaint is provided on paper or another durable medium, e.g., email or SMS.

RIGHT TO WITHDRAW FROM THE AGREEMENT

 

Only the Consumer has the right to withdraw from the agreement concluded with the Seller within 14 days without giving any reason. The withdrawal period expires after 14 days from the day on which the Consumer acquires physical possession of the Product or a third party other than the carrier and indicated by the Consumer acquires physical possession of the Product. To exercise the right of withdrawal, the Consumer must inform the Seller of their decision to withdraw from the agreement by an unequivocal statement (for example, a letter sent by post or email). The Consumer can use the withdrawal form template, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for the Consumer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. Effects of withdrawal: If the Consumer withdraws from this agreement, the Seller shall reimburse all payments received from the Consumer, including the costs of delivery (except for the supplementary costs resulting from the Consumer's choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller is informed about the Consumer's decision to withdraw from this agreement. The Seller will carry out such reimbursement using the same means of payment as the Consumer used for the initial transaction unless the Consumer has expressly agreed otherwise; in any event, the Consumer will not incur any fees as a result of such reimbursement. The Seller may withhold reimbursement until the Seller has received the goods back or the Consumer has supplied evidence of having sent back the goods, whichever is the earliest. The Consumer shall send back the goods or hand them over to the Seller without undue delay and in any event not later than 14 days from the day on which the Consumer communicates the withdrawal from this agreement to the Seller. The deadline is met if the Consumer sends back the goods before the period of 14 days has expired. The Consumer will have to bear the direct cost of returning the goods. The Consumer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. The Consumer is not entitled to withdraw from a distance or off-premises agreement in respect of:

  • a service, if the Seller has fully performed the service with the Consumer’s express consent, and with the acknowledgment that the Consumer will lose the right to withdraw from the agreement once the service is fully performed,
  • a sealed Product which is not suitable for return due to health protection or hygiene reasons and was unsealed after delivery,
  • a Product which is, after delivery, according to its nature, inseparably mixed with other items,
  • contracts where the Consumer has specifically requested a visit from the Seller for the purpose of carrying out urgent repairs or maintenance; if, during such visit, the Seller provides services other than those specifically requested by the Consumer or goods other than replacement parts necessary for the performance of repairs or maintenance, the right to withdraw from the agreement applies to those additional services or goods.