
Compliance of the product with the contract
- The products sold by the Seller have a handicraft or artistic character, which makes them possess the characteristics of manual work and varying specifications of the properties of the materials used in their production, e.g., wood grain, material texture, hand-stitched seams, therefore each product made is unique and differs from others.
- The Seller undertakes to deliver a product in accordance with the sales agreement concluded with the Buyer.
- The product is in compliance with the agreement if it:
- is suitable for the purposes for which goods of this kind are usually used, taking into account the applicable law, technical standards or good practices;
- is in such quantity and has such properties (including durability and safety) that are typical for the product of this kind and that can be reasonably expected, taking into account the nature of the product and the public assurances of the Seller, in particular those made in advertising or on the label.
- its description, type, quantity, quality, completeness, and functionality remain in compliance with the agreement concluded by the Parties,
- is useful for the agreed purpose for which the Buyer needs it, which the Buyer notified the Seller at the latest at the time of conclusion of the agreement and which the Seller accepted.
- The Seller is not liable for the lack of compliance of the product with the agreement in terms of points 3 a) and 3 b), if the Buyer was clearly informed at the latest at the time of conclusion of the sales agreement that a specific characteristic of the product deviates from the above requirements of compliance with the agreement, and clearly and separately accepted the lack of a specific product property.
- In the event of non-compliance of the product with the agreement, the Buyer may demand repair or replacement.
- The Seller may replace the product if the Buyer requests repair or may repair it if the Buyer requests a replacement if bringing the product into compliance with the agreement in the manner chosen by the Buyer is impossible or would require excessive costs.
- The Seller will repair or replace the product at their own cost in the shortest possible time and inform the Buyer of the expected time for repair or replacement of the product along with a response to the complaint. The Seller will collect the product at their own cost.
- If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the product into a state compliant with the agreement.
- The Buyer may also make a statement of withdrawal from the agreement when:
- The Seller refused to repair or replace the product,
- The Seller did not bring the product into a state compliant with the agreement, i.e., did not repair or replace the product,
- Despite the repair or replacement made by the Seller, there still exists non-compliance of the product with the agreement,
- The non-compliance of the product with the agreement is so significant that it justifies the application of a price reduction or immediate withdrawal from the agreement, without prior demand for the repair or replacement of the product,
- It follows from the Seller's statement or the circumstances that bringing the product into compliance with the agreement will not be possible within a reasonable time or without excessive inconvenience to the Buyer.
- The Buyer receives a withdrawal form together with the order confirmation in the form of an email.
- The withdrawal form template is an attachment to the Terms and Conditions.
- If the non-conformity with the contract concerns only some of the products delivered on the basis of the contract, the Buyer may withdraw from the contract only with respect to those products, as well as with respect to other products purchased by the consumer together with non-conforming products, if it cannot be reasonably expected that the Buyer will agree to keep only the products that conform to the contract.
- In case of withdrawal from the contract, the Buyer immediately returns the goods to the Seller at the Seller's expense, and the Seller refunds the price to the consumer immediately, no later than within 14 days from the day of receiving the goods or proof of their return, using the same method of payment that the Buyer used, unless the Buyer expressly agreed to a different way of refund, which does not entail any costs for him.
- Transaction fees charged by third parties through which payment is made, e.g. PayPal, are not refunded by the Seller.
- The Seller is responsible for the non-conformity of the product with the contract existing at the time of product delivery and revealed before the expiration of 2 years from that time.
- The Buyer's claim for bringing the goods into conformity with the contract expires after 6 years from the disclosure of non-conformity.
- The above rights arise from the Act of 25 May 2014 on consumer rights (Art. 43c and subsequent).
Complaints
- The Buyer may submit a complaint via email to contact@gohurt-shop.com.
- In the content of the complaint, the Buyer should provide their personal data, the product to which the complaint relates, the reasons for the complaint, i.e. a description of the non-conformity of the product with the agreement, the date of purchase, the date of noticing the non-conformity, and what they demand.
- The Seller will respond to the Buyer's complaint within 14 days from the date of receiving the product along with a description of the defect.
- Individual computer and monitor settings of the Client causing incorrect or distorted display of information about the product (e.g. colors) cannot be the basis for a complaint.
Right of withdrawal
- The Buyer who is a Consumer or a Consumer-entrepreneur has the right to withdraw from the sales agreement without giving any reason and without incurring any costs within 14 days from the day on which the Buyer who is a Consumer or a Consumer-entrepreneur, or a person other than the carrier indicated by him, takes possession of the goods (receiving the goods).
- To meet the above deadline, the Buyer needs to send a statement of withdrawal from the sales agreement to the Seller at the address indicated in § 2 para. 1 of the regulations before the deadline.
- The Buyer receives a withdrawal form along with the order confirmation in an email format.
- The withdrawal form template is attached to the Regulations.
- In case of withdrawal from the agreement, the Buyer immediately returns the goods to the Seller.
- The returned goods should be in an undamaged condition, i.e., complete, in the original packaging, without any signs of use. The delivery costs are covered by the Buyer.
- Within 3 business days of receiving the shipment, the Seller checks the condition of the returned product.
- Within 7 days of checking the goods, the Seller returns the price to the consumer using the same payment method that the Buyer used, unless the Buyer expressly agreed to a different method of refund that does not involve any costs for him.
- Transaction fees charged by third-party entities through which payment is made, e.g., PayPal, are not refunded by the Seller.
- The right of withdrawal from the agreement does not apply to the Buyer in the case of:
- a customized product or a product manufactured according to the Buyer's specifications or serving to satisfy the Buyer's individual needs;
- delivery of sound or visual recordings or computer programs delivered in a sealed package if the packaging has been opened after delivery;
- delivery of goods in a sealed package that cannot be returned after opening the packaging due to health or hygiene reasons if the packaging has been opened after delivery.
Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
GOHURT MEDIEVAL
SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Zemborzycka 96, 20-445 Lublin
NIP 71234454993
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……………………………………
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(personal information of the person withdrawing from the contract)
I hereby inform about my withdrawal from the sales contract regarding the product/products
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Ordered on ……………………………………………………………………………………………….……………………………………………………………………………………………………
Due to …………………………………………………………………………………………………….………………………………………………………………………………………………………
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(date, signature)