Returns and complaints

Complaint handling procedure

This point specifies the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
A complaint may be submitted, for example:

in writing to the following address: ul. Przyszłości 21, 05-552 Łazy;
in electronic form via e-mail to the following address: reklamacje@uptrend.pl.

The Product may be sent or returned as part of a complaint to the following address: ul. Przyszłości 21, 05-552 Łazy.
It is recommended to include in the description of the complaint:

information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities or lack of compliance with the contract;
requesting a method of achieving compliance with the contract or a declaration of price reduction or withdrawal from the contract or other claim; and
contact details of the person filing the complaint – this will facilitate and speed up the processing of the complaint. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

If the complainant changes the contact details provided while the complaint is being considered, he or she is obliged to notify the Seller.
The complainant may attach evidence (e.g. photos, documents or the Product) related to the subject of the complaint to the complaint. The Seller may also ask the person filing the complaint to provide additional information or send evidence (e.g. photos), if this will facilitate and speed up the consideration of the complaint by the Seller.
The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
The basis and scope of the Seller’s statutory liability are specified in generally applicable provisions of law, in particular in the Civil Code, the Act on Consumer Rights and the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). .). Additional information regarding the Seller’s liability for the compliance of the Product with the Sales Agreement provided for by law is provided below:
In the event of a complaint about a Product – a movable item – purchased by the Customer under the Sales Agreement concluded with the Seller until December 31, 2022, the provisions of the Civil Code in force until December 31, 2022, in particular Art. 556-576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty). Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product purchased in accordance with the previous sentence towards the Customer who is not a consumer is excluded.
In the event of a complaint about a Product – a movable item (including a movable item with digital elements), but excluding a movable item that serves only as a carrier of digital content – purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023, are specified provisions of the Consumer Rights Act in force from January 1, 2023, in particular Art. 43a – 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller’s liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
In addition to the statutory liability, a warranty may be granted for the Product – this is a contractual (additional) liability and can be used when the Product is covered by a warranty. The warranty may be granted by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed conditions regarding liability under the warranty, including details of the entity responsible for implementing the warranty and the entity authorized to use it, are available in the description of the warranty, e.g. in the warranty card or elsewhere regarding the granting of the warranty. The Seller indicates that in the event of non-compliance of the Product with the contract, the Customer is entitled to legal remedies by operation of law on the part of and at the expense of the Seller and that the warranty does not affect these legal remedies.
The provisions relating to the consumer also apply to a Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available to him/her. pursuant to the provisions on the Central Registration and Information on Business.

Out-of-court methods of dealing with complaints and pursuing claims and rules of access to these procedures

Methods of resolving disputes without court involvement include:

enabling approximation of the parties’ positions, e.g. through mediation;
proposing a solution to the dispute, e.g. through conciliation and
resolving the dispute and imposing its solution on the parties, e.g. as part of arbitration (arbitration court). Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of dealing with complaints and pursuing claims, rules of access to these procedures and a friendly search engine for entities dealing with amicable resolution of disputes are available on the website of the Office of Competition and Consumer Protection at: https://polubowne .uokik.gov.pl/.

There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, among other things, to provide consumers with information on out-of-court resolution of consumer disputes. The consumer can contact the point:

by phone – by calling 22 55 60 332 or 22 55 60 333;
via e-mail – by sending a message to: kontakt.adr@uokik.gov.pl or
in writing or in person – at the Office Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).

The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims:

application for resolution of the dispute to a permanent consumer arbitration court;
an application for out-of-court resolution of the dispute to the voivodeship inspector of the Inspection; or
assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by e-mail at advice@dlakonsumentow.pl and by calling the consumer hotline number 801 440 220 (the hotline is open on Business Days, from 8:00 a.m. to 6:00 p.m., call fee according to the operator’s tariff).

At http://ec.europa.eu/odr, a platform for the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service provision contract (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

Right to withdraw from the contract

A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in point. 8.7 of the Regulations. To meet the deadline, it is enough to send the declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example:

in writing to the following address: ul. Przyszłości 21, 05-552 Łazy;
in electronic form via e-mail to the following address: reklamacje@uptrend.pl.

The return of the Product – movable items (including movable items with digital elements) as part of the withdrawal from the contract may be made to the following address: ul. Przyszłości 21, 05-552 Łazy.
A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point. 12 of the Regulations. The consumer may use the template form, but this is not obligatory.
The deadline for withdrawal from the contract begins:

for a contract under which the Seller issues the Product, being obliged to transfer its ownership – from the consumer or a third party designated by him other than the carrier taking possession of the Product, and in the case of a contract that: (1) covers many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) involves regular delivery of Products for a specified period of time – from taking possession of the first Product;
for other contracts – from the date of conclusion of the contract.

In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
Products – movable items, including movable items with digital elements:

The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the Product – movable items, including movable items with digital elements (except additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Store). The seller refunds the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him. In the case of Products – movable items (including movable items with digital elements) – if the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the Product back or the consumer provides proof of its return. , depending on which event occurs first.
In the case of Products – movable items (including movable items with digital elements) – the consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it. , unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry.
The Consumer is responsible for reducing the value of the Product – a movable item (including movable items with digital elements) – resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:

In the case of Products – movable items (including movable items with digital elements) – if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
In the case of Products – movable items (including movable items with digital elements) – the consumer bears the direct costs of returning the Product.
In the case of a Product – a service, the performance of which – at the express request of the consumer – began before the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.

The right to withdraw from a distance contract is not available to the consumer in relation to contracts:

for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the Seller has completed the service, he will lose the right to withdraw from the contract and has acknowledged this fact ;
in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract;
in which the subject of the service is a Product – a movable item (including a movable item with digital elements) – non-prefabricated, manufactured according to the consumer’s specifications or serving to meet his individual needs;
in which the subject of the service is a Product – a movable item (including a movable item with digital elements) – subject to rapid deterioration or having a short shelf life;
in which the subject of the service is a Product – a movable item (including a movable item with digital elements) – delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
in which the subject of the provision are Products – movable items (including movable items with digital elements) – which, after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements;
in which the subject of the service are alcoholic beverages, the price of which was agreed upon when concluding the Sales Agreement, and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control;
in which the consumer expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller additionally provides other services than those requested by the consumer, or delivers Products – movable items (including movable items with digital elements) – other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to for additional services or Products;
in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
concluded by public auction;
for the provision of services in the field of accommodation other than for residential purposes, transportation of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
for the supply of digital content not delivered on a tangible medium for which the consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the performance of the provision by the Seller, he would lose the right to withdraw from the contract, and accepted this is known, and the Seller has provided the consumer with the confirmation referred to in Art. 15 section 1 and 2 or art. 21 section 1 of the Consumer Rights Act;
for the provision of services for which the consumer is obliged to pay a price, in the case of which the consumer has expressly requested the Seller to come to him for repairs, and the service has already been fully performed with the express and prior consent of the consumer.

The consumer provisions contained in this point apply to contracts concluded from January 1, 2021 also to the Service Recipient or Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have any provisions for this person. professional nature, resulting in particular from the subject of her business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity