Complaints and returns policy

Complaints and returns policy (due to withdrawal from the contract)

§ 1 Definitions
§ 2 Consumer withdrawal from a distance contract
§ 3 Consumer complaints
§ 4 Complaints from Entrepreneurs

§ 1 Definitions

"Consumer " – a consumer within the meaning of Article 22 [1] of the Civil Code, i.e. a natural person concluding a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
" Buyer " – any entity purchasing in the Store, i.e. Consumer, Privileged Entrepreneur, Entrepreneur
“ Privileged Buyer ” – for the purposes of these Complaints Regulations, the Privileged Buyer is the Consumer and the Privileged Entrepreneur.
" Privileged Entrepreneur " – a natural person entering into a contract with the Seller directly related to their business activity, where the content of the contract indicates that it is not of a professional nature for that person, in particular arising from the subject of their business activity, disclosed under the provisions of the Central Register and Information on Business Activity. With respect to rights regarding non-conformity of Goods with the contract, the provisions relating to Consumers will apply to Privileged Entrepreneurs.
“Entrepreneur” – a natural or legal person conducting business activity, concluding a contract with the Seller directly related to its business activity, when at the same time the contract is of a professional nature for that person due to the business activity conducted and performed by it.
" Regulations " – regulations of the online store available on the website mobilkigsm.pl [under the link – www.mobilkigsm.pl/policies/terms-of-service
" Consumer complaints" - complaints made by privileged Buyers
" Store " – the mobilkigsm.pl online store run by the Seller at https://mobilkigsm.pl

“ Seller ” – MOBILKI GSM SPÓŁKA LIMANDYTOWA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ LIMITED LIABILITY COMPANY with its registered office at ul. Czyżów 47, 32-420 Gdów, entered into the National Court Register - register of entrepreneurs by the DISTRICT COURT FOR KRAKOW-ŚRÓDMIEŚCIE IN KRAKOW, XII COMMERCIAL DIVISION
NATIONAL COURT REGISTER, under KRS number 0000593519, NIP number 6832088072, REGON number 363317030.
"Goods" – a product sold via the online store at mobilkigsm.pl

§ 2 Consumer withdrawal from a distance contract - RETURN

Every privileged buyer (i.e., consumer and privileged entrepreneur) has the right to withdraw from the contract within 14 days of receiving the goods, in accordance with EU regulations. The Mobilkigsm.pl store offers an additional 16-day return period, giving a total of 30 days to return products without giving a reason, under the terms and conditions set forth in these regulations, counted from the date the buyer receives the shipment.
To exercise the right to withdraw from the contract, you must inform the Seller of your decision by means of an unequivocal statement by sending the withdrawal form by post to the following address: Mobilki GSM sp. z o. o. sp.k. Complaints Department, ul. Targowa 3C, 34-130 Kalwaria Zebrzydowska or by e-mail to the following address: sklep@mobilki-gsm.pl .
When returning goods via the InPost Quick Returns method (located at https://szybkiezwroty.pl/pl/mobilkigsm) , the shipping costs are borne by the Seller. In all other cases, the shipping costs are borne by the Buyer.
The withdrawal form is attached to these Terms and Conditions. Withdrawal from the contract may be submitted on the form provided by the Seller or in a handwritten letter.
In the event of withdrawal from the contract, the contract is deemed null and void. If the privileged Buyer submits a declaration of withdrawal from the contract before the Seller accepts their offer, the offer is no longer binding.
In the event of withdrawal from the concluded contract, the privileged Buyer is obliged to return the goods to the Seller – at their own expense or the seller’s expense – to the following address: MOBILKI GSM Sp. z o. o. Sp. k., ; RETURNS DEPARTMENT; ul. Targowa 3C, 34-130 Kalwaria Zebrzydowska immediately, and in any event no later than 14 days from the date on which the privileged Buyer informed the Seller of withdrawal from the sales contract. The deadline is met if the privileged Buyer sends the goods before the expiry of the 14-day period.
The Seller will refund to the Privileged Buyer all payments received from him, including the costs of delivering the goods to the Privileged Buyer in the cheapest manner offered by the Seller (if the Privileged Buyer has chosen a more expensive option from among many offered by the Seller, the Seller will refund the costs of the cheapest option).
The refund will be made immediately after receipt of the goods, generally within 14 days from the date of receipt of information about the decision of the privileged Buyer to exercise the right of withdrawal from the contract (unless the goods are not handed over to the Seller within this period, in which case the Seller may withhold payment until receipt of the goods or until proof of return is provided, whichever comes first).
The Seller will refund the payment using the same payment methods that were used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees to a different solution; in any case, the Privileged Buyer will not incur any fees in connection with this refund.
If the privileged Buyer has reduced the value of the goods by using the goods in a manner other than necessary to establish the nature, characteristics and functioning of the goods, the Seller has the right to charge him additional costs.

§ 3 Consumer complaints

In the event of non-compliance of the Goods with the contract, the privileged Buyer (Consumer and privileged Entrepreneur) has the right to complain about the goods that are non-compliant with the contract according to the principles presented below.
A complaint can be submitted by sending the content of the complaint claim to the e-mail address: sklep@mobilki-gsm.pl or magazyn@mobilki-gsm.pl or by post to the following address: MOBILKI GSM Sp. z o. o. Sp. k., COMPLAINTS; Targowa 3C; 34-130; Kalwaria Zebrzydowska; Poland.
The Seller will review the complaint within 14 days of receiving the complaint. The Seller will inform the Consumer of the acceptance or rejection of the complaint via email. If this is not possible due to the lack of an email address, the Seller will contact the Consumer by phone.
Minor differences in the external appearance of the Goods delivered to the Buyer compared to the appearance of the Goods (also of the same type, brand and model) presented graphically in the Store, which may result from different settings of the Buyer's monitor, lighting conditions, etc., factors related solely to the use of the Internet for shopping, shall not constitute grounds for complaint.
To exercise your complaint rights, you must present proof of purchase of the Goods. The Seller will confirm receipt of the complaint to the Buyer.
The goods subject to a complaint should be made available to the Seller for collection by the Seller or sent – at the Seller’s expense – to the following address: MOBILKI GSM Sp. z o. o. Sp. k., REKLAMACJE; Przemysłowa 4/474; 30-701; Kraków; Poland.

A. CONSUMER CLAIMS – REPLACEMENT OR REPAIR

The privileged buyer has the right to first demand that the Seller repair or replace the Goods with another one that meets the buyer's requirements.
The Seller has the right to repair the Goods even if the Privileged Buyer requests a replacement if bringing the Goods into conformity with the contract in the manner chosen by the Privileged Buyer is impossible or would require excessive costs for the Seller. In the same situation, the Seller may replace the Goods if the request includes repair of the Goods.
The Seller shall repair or replace the goods within a reasonable time from the moment the Consumer informs him about the lack of conformity with the contract and without excessive inconvenience to the Consumer, taking into account the nature of the goods and the purpose for which the Consumer purchased them.

B. CONSUMER CLAIMS – PRICE REDUCTION OR WITHDRAWAL FROM THE CONTRACT (RETURN)

A privileged buyer has the right to demand a price reduction or withdrawal from the contract when:
a. the Seller informed about the impossibility of repair/replacement due to excessive costs or the actual impossibility of bringing the Goods into conformity with the contract (by repairing or replacing the goods due to the impossibility or excessive costs for the Seller);
b. The Seller has not brought the Goods into conformity with the contract (by repairing or replacing the Goods);
c. The lack of conformity of the Goods with the contract persists even though the Seller has attempted to bring the Goods into conformity with the contract (by repairing or replacing the Goods);
d. The lack of conformity of the Goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior request for repair or replacement of the Goods;
e. It is clear from the Seller's statement or circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer.
If a privileged Buyer submits a price reduction declaration, the Seller will refund the amounts due immediately, no later than 14 days from the date of receipt of the price reduction declaration. The Seller may refuse to refund the amount of the goods' reduced price by the Consumer if the reduced price is not proportional to the price resulting from the contract in the same way that the value of the non-conforming goods is to the value of the goods in conformity with the contract.
If the Consumer submits a declaration of withdrawal from the contract, the Seller may not accept the Consumer's declaration of withdrawal from the sales contract if the Seller proves that the lack of conformity of the goods with the contract is immaterial.
After the Consumer submits a declaration of withdrawal from the contract, as a result of accepting the complaint, the Seller is obliged to refund the price to the Consumer immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return, unless the Seller does not accept the Consumer's declaration of withdrawal from the contract.
If an additional warranty has been granted for the Goods, information about it and its terms is available in the product description in the Store.
This provision does not have the effect of limiting the Seller's liability towards the Customer, in particular it does not limit in any way the consumer's right to withdraw from a distance contract.

§ 5 Entrepreneur's Complaints - other brands

In the event of a defect in the goods, the Entrepreneur (who is not a Consumer or a Privileged Entrepreneur) has the right to make a complaint about the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, provided that a guarantee has been granted.
To exercise your complaint rights, you must present proof of purchase of the Goods. The Seller will confirm receipt of the complaint to the Entrepreneur.
Small differences in the external appearance of the Goods delivered to the Customer compared to the appearance of the Goods (also of the same type, brand and model) presented graphically in the Store, which may result from different settings of the Buyer's monitor, lighting conditions, etc., factors related solely to the use of the Internet for shopping, shall not constitute grounds for complaint.
In the complaint, the Entrepreneur is obliged to state the reasons for its submission, data regarding the contract, provide proof of purchase and provide a description of the actions taken; he may also attach photographic documentation confirming the defect to the complaint.

A. BUSINESS CLAIMS – REPLACEMENT OR REPAIR

The Entrepreneur has the right to request replacement or repair of the Goods. For this purpose, the Entrepreneur is obliged to deliver the Goods to the Seller, at their own expense, to the following address: MOBILKI GSM Sp. z o. o. Sp. k., Przemysłowa 4/474; 30-701; Kraków; Poland. If the complaint is accepted, the Seller will refund the Entrepreneur's delivery costs.
The Seller may refuse to replace a defective item with a defect-free item or to remove the defect if bringing the item into conformity with the contract in the manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the other possible method of bringing the item into conformity with the contract. The Seller may also refuse to replace the item with a defect-free item or to remove the defect if the costs of fulfilling this obligation exceed the price of the item sold.

B. CLAIM OF THE ENTREPRENEURS – PRICE REDUCTION OR WITHDRAWAL FROM THE CONTRACT

If the Entrepreneur requests a price reduction or withdrawal from the contract and the Seller immediately and without undue inconvenience replaces the Goods or removes the defect, the Entrepreneur's claim is null and void, and the contract remains binding on the parties, unless the Goods have already been replaced or repaired.

Appendix No. 1 to the Regulations on Complaints and Returns of Goods
Below is a sample withdrawal form that the privileged buyer can use in the event of a consumer withdrawal from the contract. The privileged buyer does not have to use this document; they can submit their own withdrawal text. Information about the withdrawal should be sent to: sklep@mobilki-gsm.pl and the goods should be returned – at their own expense or to the seller – to the following address: MOBILKI GSM SPÓŁKA Z OO SP.K.; COMPLAINTS
Targowa Street 3C; 34-130 Kalwaria Zebrzydowska.

SAMPLE CONSUMER WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the distance contract within 14 days)

Recipient:
MOBILKI GSM LIMITED LIABILITY COMPANY LIMITED PARTNERSHIP
Targowa Street 3C; 34-130 Kalwaria Zebrzydowska

e-mail address: sklep@mobilki-gsm.pl

Sender:
_____
Address: _________

Consumer withdrawal from a distance contract

– I/We(*) …………………………………………………………… hereby inform about my/our withdrawal from the contract of sale of the following items(*) / for the provision of the following service(*):
…………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………
Date of conclusion of the contract(*)/acceptance(*)
…………………………………………………………………………………………………………………………………………………………
Name and surname of the Consumer(s) / Privileged Entrepreneur(s) :
…………………………………………………………………………………………………………………………………………………………
Address of the Consumer(s) / Privileged Entrepreneur(s) :
…………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………

Bank account number of the Consumer(s) / Privileged Entrepreneur(s) to which the refund should be made:
………………………………………………………………………………………………

________
Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if the form is sent in paper version)

Date _________
(*) Delete as appropriate.

Attachment: Proof of purchase