WARRANTY STATEMENT REGARDING PHYSICAL DEFECTS AND LEGAL NONCONFORMITIES.
Products offered in the Store are free from physical defects and legal inconsistencies.
Products offered in the store are not covered by the manufacturer's warranty.
The Seller is liable to the Consumer under warranty for physical defects and legal inconsistencies of the Product to the extent specified in the provisions of the Act of April 23, 1964 - Civil Code (Journal of Laws 2014, paragraph 121, as amended).
The risk of accidental loss or destruction of the Product passes to the Consumer when the Product is handed over to the Consumer by the Seller or by a carrier acting on his behalf. If the Consumer independently indicated the carrier of the Product, and the Seller had no influence on the Consumer, the risk passes to the Consumer at the time of transfer of the Product to this carrier.
After receiving the Product, the Consumer is advised to check the condition of the delivered cargo in the presence of the carrier, in particular, the integrity and absence of damage. In the event of any damage to the Product or other malfunctions of the Product, it is recommended to draw up a damage report. Consumer's failure to file a damage report does not preclude or suspend consideration of a possible complaint, however, it may be difficult for the Consumer to prove damage during delivery.
The complaint of the Product is made by the Consumer by notifying to the Seller of the discovery of a physical or legal defect in the Product.
The rules regarding the timing of the consideration of claims under the guarantee are set out in the Law of April 23, 1964 - Civil Code - Art. 568 ff.
A complaint can be submitted by e-mail to the following address: office@bitofcrete.com or in writing to PRAGMA ALEXANDER MORGUNOV ul. Siennicka 19, office 32 04-394 Warsaw, Poland
It is recommended to the Consumer to attach a Proof of Purchase or a copy of it to the Complained Goods, which will facilitate the handling of the complaint. However, failure to attach the Proof of Purchase or a copy of it does not stop the complaint process.
If the product is defective, the Consumer can:
a. request replacement of the Product with a Product that is free from defects, or
b. demand the elimination of the defect, or
c. apply for a price cut, or
d. apply to withdraw from the agreement.
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The Consumer cannot apply for a price reduction or withdrawal from the contract if the Seller promptly and without undue inconvenience for the Consumer replaces the defective Product with a product that is free of defects or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or if the Seller has already fulfilled the obligation to replace the Product with a Product without defects or to eliminate the defect.
The Consumer may, instead of eliminating the defect proposed by the Seller, demand the replacement of the Product with a Product that is free of defects, or instead of replacing the Product, demand the elimination of the defect. This right does not apply when it is not possible to bring the product into conformity with the contract in the manner chosen by the Consumer, or if this would require an excessive cost compared to the method proposed by the Seller.
The consumer cannot withdraw from the contract if the defect of the Goods is insignificant.
The Seller may refuse to satisfy the Consumer's request to replace the Product with a Product that does not have defects, or to eliminate the defect, if it is impossible to bring the defective Product in accordance with the terms of the contract in the way chosen by the Consumer, or excessive costs are required compared to the second possible method of bringing it into compliance with the contract.
In the event that the Consumer, exercising his rights under the guarantee in respect of physical or legal defects of the Product, requires the replacement of the Product or withdraws from the contract, the Product for which the complaint is made is delivered to the Seller by the Consumer at the expense of the Seller. The complaint should be sent to PRAGMA ALEXANDER MORGUNOV ul. Siennicka 19, office 32 04-394 Warsaw, Poland
The seller considers the claim immediately, but no later than 14 days from the date of its submission.
Complaints will be answered at Seller's discretion:
a. in writing to the applicant's address,
b. by electronic means to the e-mail address indicated by the complainant.
If only some of the sold Products are defective and can be separated from the Products without defects, without prejudice to defects and without defects, the Consumer's right to withdraw from the contract is limited to Products with defects.
Complaints about the store's services in other points.
1. The user can file a complaint if the services provided for by these Rules are not provided by the Seller or are performed in violation of the provisions of the Rules.
2. A complaint about the Store's services must contain:
a. user identification data;
b. the subject of the complaint and the period to which it relates;
in. circumstances justifying the complaint;
d. User signature - in case of a written complaint.
3. Complaints addressed to the Store regarding services provided by third parties through the Store will be immediately sent by the Seller to the appropriate third party who is responsible for the complaint.
4. The seller considers the claim immediately, but no later than 14 days from the date of its submission.
5. Answers to the complaint are provided at our sole discretion:
a. in writing to the applicant's address,
b. by electronic means to the e-mail address indicated by the complainant.
6. We would also like to inform you that the Consumer has the opportunity to use non-judicial methods of filing complaints and damages, including:
a) apply to the permanent magistrate court of consumers, acting under the Trade Inspection, with a request to resolve the dispute arising from the concluded Agreement.
b) contact the local trade inspection inspector with a request to initiate a mediation procedure regarding the amicable settlement of the dispute between the Buyer and the Seller.
c) use the free assistance of a municipal consumer ombudsman or a public organization whose statutory tasks include consumer protection (including the Consumer Federation, the Polish Consumer Association).
RIGHT TO WITHDRAWAL FROM AGREEMENT
1. The consumer can withdraw from the contract concluded remotely without explaining the reasons by submitting a corresponding statement in writing within 14 days.
2. The term for withdrawal from the above contract begins:
a. for a contract in which the entrepreneur issues the item, being obliged to transfer his ownership, from taking possession of the item by the consumer, and in the case of a contract that:
I. covers many items that are shipped separately, in batches or parts - from the time the last item, lot or part was received,
II. consists in the regular delivery of items within a certain period of time - from the moment you receive the first item;
b. for other contracts - from the date of conclusion of the contract.
3. Cancellation of the contract can be carried out by providing the Seller with an unambiguous statement of withdrawal from the sales contract. To comply with the deadline, it is sufficient to send an application to the Seller before the expiration of the 14-day period specified in paragraph 1 above.
4. An application for withdrawal from the contract can be submitted in writing to PRAGMA ALEXANDER MORGUNOV ul. Siennicka 19, office 32 04-394 Warsaw, Poland, by e-mail to office@bitofcrete.com or via the contact form available on the Seller's website at www.bitofcrete.com
5. If the Consumer withdraws from the contract, the contract is considered invalid and the Consumer is released from any obligations to the Seller. If the Consumer has submitted an application for withdrawal from the contract before the Seller has confirmed his offer, the offer ceases to be binding.
6. The goods purchased by the Consumer are subject to return unchanged, unless the change was necessary to establish the nature, characteristics and functioning of the Goods. The goods returned by the Consumer must be properly packed so as not to damage it during transportation. If possible, the Product should be packed in its original packaging. Direct costs of returning the goods to the Seller shall be borne by the Consumer.
7. The consumer is responsible for reducing the value of the Product as a result of its use in a different way than was necessary to determine the nature, characteristics and functioning of the Product.
8. The consumer is obliged to return the Goods immediately, but no later than within 14 days from the date of withdrawal from the contract. To meet this deadline, it is enough to return the product to the Seller before its expiration date.
9. In case of consumer's refusal from the contract, if any payments were made by the Consumer, their return will be immediately, but no later than within 14 days from the date of receipt by the Seller of the corresponding statement of the Consumer through the same channel through which the Buyer made the payment, unless the Consumer explicitly agrees to another form of refund. In any case, the Consumer does not bear the cost of reimbursement. The Seller may suspend the refund of payments received by the Consumer until the Product is returned or the Consumer provides proof of its return, whichever occurs first.
10. The costs of delivery of the Goods are reimbursed to the Consumer only up to the amount of the cheapest standard method offered by the Seller. Any additional costs associated with the choice by the Consumer of a different delivery method shall be incurred by the Consumer.
11. The consumer does not have the right to withdraw from the contract in connection with the contract:
a. in which the subject of the service is a Product without factory assemblies, manufactured in accordance with the specifications of the Consumer or serving to meet his individual needs;
b. in which the subject of the service is a Product that deteriorates quickly or has a short shelf life;
in. in which the subject of the service is a Product delivered in a sealed package, which after opening the package cannot be returned for health or hygiene reasons, if the package was opened after delivery;
d. in which the subject of the service is a Product that, after delivery, by its nature is inextricably linked with other things;
e. in which the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and the delivery of which can take place only after 30 days, and the cost of which depends on market fluctuations that the Seller does not control; in which the subject of the service is sound or video recordings or computer software delivered in a sealed package, if the package was opened after delivery;
e. for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the explicit consent of the consumer before the expiration of the deadline for termination of the contract and after informing the Seller about the loss of the right to withdraw.
ENTREPRENEUR AS BUYER
1. If the Buyer is an entrepreneur, the right to withdraw from a contract concluded remotely does not apply.
2. If the Buyer is an Entrepreneur, the parties exclude the Seller's liability under warranty for physical and legal defects in the Goods.
DISCLAIMERS, WARRANTIES AND LIABILITY
1. In the interests of users and to ensure the highest quality of the Store, it is not allowed to use the Store, all its functions and services in a manner incompatible with the nature, purpose and subject of the Store, in particular, actions contrary to generally applicable law, the provisions of these Rules and good manners.
2. The Seller will make every effort to ensure that the Store and all services provided through it work continuously, without any failures, however, the Seller is not responsible for any failures caused by force majeure or unlawful interference from the Users or third parties, for which it is not responsible. The Seller guarantees the availability of the Store 90% per year.
3. The Seller reserves the right to introduce all precautions to protect the proper operation of the Store, including measures of protection against actions of the Users of the Store that violate these Rules and / or the rules related to the operations of the Store.
4. The Seller reserves the right to anonymously publish content sent by Users to the Store's support service regarding issues related to the operation of the Store, provided advice and other content, in relation to which the Seller decides that answers and clarifications regarding this content are noteworthy.
5. The Seller reserves the right to use advertisements placed in the Store, with which the User using the Store's services agrees.
INTELLECTUAL PROPERTY RIGHTS
1. All intellectual property rights in the Store, in particular to the content, words or graphics, names, images, sound effects, information, functions and services available in the Store, belong only to the Seller or its partners who have provided certain materials for the use of the Seller. The use of the Store in any way on the basis of the Rules does not lead to the receipt by the User of intellectual property rights for parts or all of the above.
2. Without the written consent of the Seller, it is prohibited: copying, reproduction or any other use, in whole or in part, of the intellectual property rights to the Store mentioned above. This does not apply to the automatic temporary storage of files in the memory of a digital device, which is the result of normal use of the Store for purposes consistent with the Rules and cases of lawful use.
CHANGES IN THE POSITION
1. Amendment of the Rules is possible only for an important reason so that Users can read and agree or refuse to continue using the services of the Store.
2. The Seller publishes changes to the Regulations on the Store's website. Information on amendments to the Regulations will be available no later than 14 days before the introduction of amendments to the Regulations.
3. Amendments to the Regulations do not affect orders placed prior to the entry into force of such changes.
4. Decisions on the conduct of promotions, contests and additional services by the Store are specified in detail in the annexes to this document and do not require changes to its clauses.
FINAL PROVISIONS
1. The content of the Regulations is provided to the User free of charge through the Store and can be recorded, in particular, by printing or saving on a medium.
2. The invalidity of one of the clauses of the Regulations, confirmed by a decision of the competent court, does not entail the invalidity of the remaining rules of the Regulations.
3. In all matters not covered by this Regulation, the provisions of applicable Polish law apply.
4. Any disputes arising in connection with the operation of the Store and the provision of services within the Store will be resolved by the competent Polish courts of general jurisdiction.
5. Any comments, suggestions and questions can be sent by Users to office@bitofcrete.com
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.
