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Complaints

 

  1. In the event of non-compliance of the Product with the sales agreements, the provisions set out in the Consumer Rights Act (Chapter 5A) apply to consumers, unless otherwise provided by mandatory regulations in the country of origin of the Consumer in accordance with Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of June 17, 2008, on the law applicable to contractual obligations (Rome I) (OJ EU L. 2008 No. 177, p. 6, with subsequent amendments).
  2. Complaints should be sent to the following address:YES Biżuteria S.A., ul. Świerzawska 1, 60-321 Poznań, Poland with the annotation "Complaints Department", contact@YESjewellery.com .
  3. The Seller undertakes to process each complaint immediately, no later than within 14 calendar days from the date of its receipt. Otherwise, the Seller shall be deemed to have acknowledged the declaration or request as justified.
  4. The product is in conformity with the Contract, when:
    1. a) its description, type, number, quality, completeness and functionality included in the contract stay unchanged
    2. b) the function of the product important to the Consumer and mentioned in the contract stay unchanged
    3. c) the product's main function which is known in the light of law and general knowledge stays unchanged
    4. d) the product appears in quantity and quality, including durability and safety, which are typical for such a product type, and which can be expected from the Consumer on the base of the Seller's public assurance (ex. on the label, the advertisement)
    5. e) the product presents the same quality as a sample or a model which were presented to the Consumer before both parties concluded an agreement on purchase.
  5. If the product is not in conformity with the contract, the consumer may request its repair or replacement. The Seller shall carry out repair or replacement within a reasonable time after being informed by the consumer of the lack of conformity and without undue inconvenience to the consumer considering the specificity of the product and the purpose for which the consumer acquired it. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller.
  6. The Consumer makes available to the Seller a product subject to repair or replacement. The Seller collects the products from the consumer at his own expense. The Consumer is not obliged to pay for the normal use of the products which have subsequently been replaced.
  7. If the product is not in conformity with the contract, the consumer may make a statement on price reduction or withdrawal from the contract when:
    1. a) the seller refused to bring the product into conformity with the contract in accordance with the Consumer Rights Act.
    2. b) the seller has not brought the product into conformity with the contract in accordance with the Consumer Rights Act.
    3. c) the lack of conformity of the product with the contract persists even though the seller has tried to bring the product into conformity.
    4. d) the lack of conformity of the product with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of protection measures specified in the Consumer Rights Act.
    5. e) It is clear from the seller's declaration or circumstances that he will not bring the products into conformity within a reasonable time or without undue inconvenience to the consumer
  8. The reduced price must be in proportion to the contract price in which the value of the non-conforming product remains in relation to the value of the product in conformity.
  9. The Seller shall return to the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the consumer's statement on the price reduction.
  10. In the event of withdrawal from the contract, the Consumer immediately returns the products to the Seller at his expense. The Seller returns the price to the consumer immediately, no later than within 14 days from the date of receipt of the product or proof of its return.
  11. The Consumer may not withdraw from the contract if the lack of conformity of the product with the contract is irrelevant. The lack of conformity of a product with the contract shall be presumed to be material.
  12. It is recommended that the Customer provides the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular circumstances indicating the non-compliance of the Product with the Sales Agreement; (2) request repairs or replacement, or statement of price reduction, or withdrawal from the Sales Agreement in the cases indicated in the Consumer Rights Act and (3) the claimant’s contact information. The requirements given in the previous sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommendation.
  13. The complaint may be accompanied by evidence (e.g. photos, documents or the Product) related to the subject of the complaint.
  14. The Seller is liable for non-compliance of the Product with the Contract if the non-compliance of the Product with the Contract existed at the time of its delivery and was revealed within two years from the date of delivery of the Product to the Consumer.
  15. The Seller is released from responsibility to accept a complaint in case:
    1. a) the Seller proves not to know the public assurance (ex. information on the label, advertisement)
    2. b) the Seller proves that the public assurance could not influence the Consumer's decision
    3. c) the public assurance is corrected before concluding the Contract
  16. The provisions concerning the consumer shall apply to sole traders who conducts business activity concluding a contract directly related to their business activity, where it is apparent from such agreements that they do not have professional character for them.  To determine whether a sole trader has, in particular circumstances, consumer rights, it is necessary to verify the professional nature of the agreement, especially on the basis of information recorded in the Central Registration and Information on Business (CEIDG-in Poland).
  17. In the case of contracts concluded with Customers who are not, at the same time, Consumers, on the basis of Article 558 § 1 of the Civil Code  the Seller's liability under warranty is excluded.
  18. The Seller complies with the provisions of Chapter 5B of the Consumer Rights Act in the scope of contracts for the supply of digital content or digital service. 



Out-of-court complaint handling and redress procedures

 

  1. The Seller would like to inform you that out-of-court complaint handling and redress procedures can be used. They can be used on a voluntary basis and only if both parties to the dispute agree to it.
  2. For example, in Poland the customer who is a consumer has the right to refer to a permanent amicable consumer court operating by the Commercial Inspection with a request to settle a dispute arising out of the concluded Sales Agreement.
  3. According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform. Online Dispute Resolution is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet. These disputes relate to contractual obligations arising from online sales or service contracts concluded between consumers living in the Union and traders established in the Union.
  4. The Consumer who would like to take advantage of the possibility of an amicable resolution to disputes concerning online purchases may submit a complaint, for example, via the EU"s Internet ODR platform which is available at: http://ec.europa.eu/consumers/odr/. 

To view the complaint form, click the link.