COMPLAINTS

1. The Seller is liable under the warranty for physical and legal defects of the Goods, to the extent specified in Article 556 et seq. of the Civil Code of April 23, 1964 (consolidated text: Journal of Laws of 2020, item 1740, as amended).

2. A physical defect of the Goods consists in the non-conformity of the sold Goods with the contract, which occurs when:

The Goods do not have the properties that they should have given the purpose of the contract, resulting from the circumstances or intended use;

The Goods do not have the properties that the Seller assured the Customer about;

The Goods are not fit for the purpose of which the Customer informed the Seller at the conclusion of the contract, and the Seller did not raise any objection to such intended use;

The Goods were delivered to the Customer in an incomplete condition.

3. A legal defect in the Goods occurs when the Goods are owned by a third party or are encumbered with the right of a third party, or when a restriction on their use or disposal results from a decision or ruling of a competent authority.

4. In the case of a Consumer, the public assurances of the manufacturer or the entity introducing the Goods to the market within the scope of its business activity, or presenting itself as the manufacturer, are treated equally to the Seller’s assurances. However, the Seller is not liable if the Seller was not aware of these assurances and could not have been aware of them, or if these assurances could not have influenced the Consumer’s decision to conclude the sales contract, and also if the content of these assurances was corrected before the conclusion of the sales contract.

5. The Seller is liable under the warranty if the physical defect is discovered within two years from the date of delivery of the item to the Customer.

6. In the case of a Consumer, if a physical defect is discovered within one year of the date of delivery of the Goods, it is presumed that the defect or its cause existed at the time of delivery.

7. If the buyer is a Consumer and a physical defect is discovered within one year of the date of delivery of the sold item, it is presumed that the defect or its cause existed at the time the risk passed to the buyer.

8. If the Goods have a defect, the Customer may submit a declaration of price reduction or withdrawal from the contract, unless the Seller immediately replaces the defective Goods with defect-free ones or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has failed to fulfill the obligation to replace the Goods with defect-free ones or remove the defect.

9. If the Goods have a defect, the Customer may also request that the Goods be replaced with defect-free ones or that the defect be removed.

10. Instead of having the defect removed as proposed by the Seller, the Consumer may request the replacement of the Goods with defect-free ones, or instead of replacing the Goods, request the removal of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the manner proposed by the Seller.

11. The Consumer may not withdraw from the contract if the defect is insignificant.

12. Complaints regarding Goods may be submitted:

a. in writing, to the Seller’s registered office address;

b. by email, to the email address provided in the Order confirmation.

13. A complaint should include:

a. details of the person submitting the complaint (name and surname, mailing address, and optionally, email address and contact phone number);

b. the reason for the complaint and the content of the request;

c. the Order number, as shown in the Order confirmation;

d. an original or copy of proof of purchase (e.g., receipt or invoice) may facilitate filing a complaint but is not required.

14. A Customer exercising their warranty rights will deliver the defective Goods, at the Seller’s expense, to the following address: kontakt@tapisatelier.pl.

15. The Seller undertakes to respond to the complaint within fourteen (14) days from the date of its receipt.

16. If the complaint is justified, the Seller undertakes to replace the defective Goods with defect-free ones or to remove the defect within fourteen (14) days from the date the Customer submits the complaint.

17. In the event of an effective withdrawal from the contract, the Seller undertakes to refund the payment within fourteen (14) days from the date of receipt of the withdrawal from the contract, provided that the refund will not be made until the Goods are received back or the Customer provides proof of having sent them back.

18. If the Consumer requests a replacement or removal of the defect, or submits a price reduction request specifying the amount by which the price is to be reduced, and the Seller does not respond to this request within fourteen (14) days, the request is deemed to have been deemed justified.

19. A claim for removal of a defect or replacement of the Goods with defect-free goods expires after one (1) year from the date the defect was discovered. In the case of a Consumer, the limitation period cannot end before two (2) years have passed.

20. The above provisions do not exclude the Seller from providing a warranty for purchased Goods, as provided for in separate warranty regulations.

RIGHT OF WITHDRAWAL

1. Pursuant to the Consumer Rights Act of May 30, 2014 (consolidated text: Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the sales contract for Goods purchased in the Store without giving a reason by submitting a relevant written declaration within fourteen (14) days from the date of delivery of the Goods (i.e., from the date of receipt of the Goods by the Consumer). To meet this deadline, the Consumer must send the declaration before its expiry.

2. The Consumer may withdraw from the contract by submitting a declaration of withdrawal to the Seller. A template for the declaration is attached as Appendix 1 to these Terms and Conditions.

3. The declaration of withdrawal should be sent to: kontakt@tapisatelier.pl.

4. The Consumer must return the Goods to the Seller within fourteen (14) days of the date on which they withdrew from the contract. To meet this deadline, it is sufficient to return the Goods before its expiry.

5. Goods should be returned to the Seller’s address: ul. Łódzka 14a, Rokiciny-Kolonia, 97-221.

6. The Seller will refund all payments made by the Consumer, including the cost of delivery, within fourteen (14) days of receipt of the declaration of withdrawal from the contract. However, no refund will be made until the Goods are received back or the Consumer provides proof of sending them back.

7. The Seller will refund the payment using the same payment method used by the Consumer.

8. The Consumer will bear the costs of returning the Goods to the Seller.

9. The Consumer does not have the right to withdraw from the Sales Agreement in the case of a contract:

where the subject of the contract is a non-prefabricated item, manufactured according to the Consumer’s specifications or designed to meet their individual needs; where the subject of the service is an item that spoils quickly or has a short shelf life;
where the subject of the service is an item delivered in a sealed package that cannot be returned after opening for health or hygiene reasons if the package is opened after delivery;
where the subject of the service is items that, due to their nature, are inseparably connected with other items after delivery;
where the subject of the service is audio or video recordings or computer programs delivered in a sealed package if the package is opened after delivery;
for the delivery of newspapers, periodicals, or magazines, with the exception of subscription agreements;
where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the withdrawal period; for the supply of digital content that is not stored on a tangible medium, if the performance of the service began with the express consent of the Consumer before the expiry of the withdrawal period and after the entrepreneur informed the Consumer of the loss of the right of withdrawal;

10. The right to withdraw from a distance contract does not apply to any entity other than the Consumer, as defined for the purposes of these Terms and Conditions (see the definition of “Consumer”).