Complaints and Withdrawal from the Contract (Returns and Exchanges)
1. Contact with the Seller and Return Address
In matters concerning complaints, withdrawal from the contract, returns and exchanges, the Customer may contact the Seller:
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in writing at:
Agraf, ul. Sielska 14 b, 10-802 Olsztyn, Poland -
electronically via e-mail:
[email protected]
Products returned as part of a complaint, withdrawal from the contract or exchange should be sent to the following address:
Agraf, ul. Sielska 14 b, 10-802 Olsztyn, Poland.
The Seller does not accept cash-on-delivery shipments or unpaid parcels.
2. Complaints – Non-conformity of the Product with the Contract
How to submit a complaint
Complaints may be submitted in writing or electronically using the contact details provided above.
What should be included in a complaint (recommendations)
It is recommended that the complaint includes:
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information and circumstances concerning the subject of the complaint, in particular the type and date of the non-conformity;
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a request to bring the product into conformity with the contract, a price reduction, withdrawal from the contract or another claim;
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the Customer’s contact details.
The above elements are recommendations only and their absence does not affect the validity of the complaint. If the Customer’s contact details change during the complaint process, the Customer is obliged to inform the Seller.
The Customer may attach evidence to the complaint (e.g. photos, documents or the product itself). The Seller may also request additional information or evidence if this helps to speed up the complaint process.
Response time
The Seller shall respond to the complaint without undue delay, no later than 14 calendar days from the date of its receipt.
Legal basis for complaints
The basis and scope of the Seller’s liability for conformity of the product with the contract are defined by generally applicable laws, in particular:
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the Civil Code,
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the Consumer Rights Act,
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the Act on the Provision of Electronic Services of 18 July 2002.
The Seller’s liability may be:
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statutory – arising from legal provisions and not excludable towards consumers;
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contractual – e.g. a warranty granted by the manufacturer or another entity, under the terms specified in the warranty document.
Detailed regulations depend on the type of product and the date of conclusion of the contract:
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until 31 December 2022 – Articles 556–576 of the Civil Code;
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from 1 January 2023 – Articles 43a–43g and 43h–43q of the Consumer Rights Act.
3. Right of Withdrawal from the Contract (Return)
A consumer Customer has the right to withdraw from a distance sales contract without giving any reason, within 14 calendar days from the day the product is received.
To exercise the right of withdrawal, the Customer must submit a clear statement of withdrawal to the Seller using one of the forms indicated above.
The Customer may use a sample withdrawal form; however, this is not mandatory. Information enabling identification of the order is mandatory.
4. Return of the Product
In the event of withdrawal from the contract, the Customer must return the product without delay, no later than 14 calendar days from receipt.
The Customer bears the direct cost of returning the product.
5. Condition of the Returned Product
The Customer is liable for any reduction in the value of the product resulting from use beyond what is necessary to establish its nature, characteristics and functioning.
It is recommended that the returned product is:
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complete,
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properly packed,
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returned with proof of purchase or order identification details.
The absence of these elements does not affect the effectiveness of the withdrawal, but may extend the return process.
6. Refund of Payments
In the event of effective withdrawal, the Seller shall refund all payments received from the Customer, including delivery costs (except additional costs resulting from a delivery method other than the cheapest standard option), no later than 14 days from receipt of the withdrawal statement.
The Seller may withhold the refund until the product is received back or proof of return is provided.
Refunds will be made using the same payment method as the original transaction, unless the Customer agrees otherwise.
7. Exchange of Products
The Seller allows product exchanges (e.g. for a different size or variant), provided the product is available.
To arrange an exchange, the Customer should contact the Seller using the contact details provided above, indicating the product to be exchanged and the replacement product.
The Customer bears the cost of returning the product. Shipment details for the exchanged product are agreed individually.
8. Exclusions from the Right of Withdrawal
The right of withdrawal does not apply in cases specified in Article 38 of the Consumer Rights Act, in particular for products:
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made to the Customer’s specifications or clearly personalized;
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supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons.