Returns

§ 7

COMPLAINTS PROCEDURE

  1. Manufacturer’s Warranty.

    1. All Products sold through the Shop are covered under the manufacturer’s warranty which is applicable within the European Union.

    2. The warranty period for the Products sold through the Shop is 12 months and begins from the date of delivery of the Product to the Customer.

    3. A proof of purchase: a fiscal receipt is required to validate any warranty claims.

    4. The manufacturer’s warranty does not override any Consumer or the entity referred to in § 10 of the Terms and Conditions entitlements arising from the statutory warranty for physical or legal defects, set out in the Civil Code.

  2. Statutory warranty process.

    1. The legal basis and the extent of the Seller’s liability to the Consumer-Customer for physical or legal defects in Products are set forth under the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended).

    2. Notice of a Product defect and all demands should be submitted via email to the following address: shop@pocketsulu.com or in writing to the following address: ul. Rewolucjonistów 16/35, 42-500 Będzin

    3. The notice, submitted electronically or on paper, should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details Providing all necessary data will speed up the complaint-handling process.

    4. Where inspection is deemed necessary to determine the scope of the defect, the defective Product shall be returned to the following address: ul. Rewolucjonistów 16/35, 42-500 Będzin

    5. A response to the Customer’s demand shall be sent promptly and, in any event, no later than within 14 days following the date of receipt.

    6. In the case of complaints submitted by consumer Customers or the entity referred to in § 10 of the Terms and Conditions – the Seller’s failure to consider the Customer’s complaint within 14 days of its receipt shall be construed as tantamount to a decision in the Customer’s favour. If a complaint is decided in favour of the Consumer-Customer or the entity referred to in § 10 of the Terms and Conditions the Seller shall bear the costs and expenses incurred in connection with the pick-up, delivery and replacement of the defective Product with one free from defects.

    7. A response to the complaint is delivered to the Consumer on paper or another tangible medium.

§ 8

RIGHT TO WITHDRAW

  1. With the stipulation of point 10 of this chapter Consumer-Customers or the entity referred to in § 10 of the Terms and Conditions have the right to withdraw from a distance agreement within 14 days without giving any reason for the withdrawal. To exercise the right of withdrawal the consumer Customer must notify the Seller of his decision to withdraw from the agreement by an unequivocal written statement (e.g. by submitting the model withdrawal statement provided by the Seller).

  2. In the case of withdrawal from a Seles Agreement, the agreement is considered null and void, the Consumer or the entity referred to in § 10 of the Terms and Conditions must return the Product to the Seller or any person authorised by the Seller to pick up the Product without delay and no later than within 14 days from the date of withdrawal from the Agreement, unless the Seller offered to pick up the Product from the Consumer. To comply with the time limit it is sufficient that the Product is dispatched on time.

  3. In case of withdrawal from a Sales Agreement the Product should be sent to the following address: ul. Rewolucjonistów 16/35, 42-500 Będzin

  4. The Consumer or the entity referred to in § 10 of the Terms and Conditions shall be held responsible for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Product.

  5. With the stipulation of points 6 and 8 the Seller shall reimburse to the Consumer without delay the full amount paid, including the cost of delivery. The refund shall be made in the same method of payment that the Consumer or the entity referred to in § 10 of the Terms and Conditions used for the initial transaction, unless the Consumer has expressly agreed on a different refund method which does not incur any costs on the Consumer’s part.

  6. The Shop shall not be required to reimburse the supplementary costs resulting from the Consumer’s or the entity referred to in § 10 of the Terms and Conditions choice of a type of Product delivery other than the least expensive type of standard delivery offered by the Shop.

  7. If the Seller does not offer to pick up the return from the Customer or the entity referred to in § 10 of the Terms and Conditions himself, the Seller may withhold reimbursement until he has received the Product back or until the Consumer or the entity referred to in § 10 of the Terms and Conditions has supplied evidence of having sent back the Product, whichever occurs first.

  8. The Consumer or the entity referred to in § 10 of the Terms and Conditions who withdraws from a Sales Agreement under point 1 of this chapter, must only bear the direct cost of returning the Product to the Seller.

  9. The 14-day “cooling-off” period counts from the date of receiving the Product, or in the case of a service from the date of concluding an agreement.

  10. The right of withdrawal in any event does not apply to Sales Agreements for the supply of:

    1. products made to the Consumer’s specification, i.e. non-prefabricated, personalized Products made on the basis of and individual choice of or decision by the Consumer.

    2. products delivered sealed, subsequently unsealed, which are not suitable for return for reasons of hygiene or health protection.

    3. a service, after the service has been fully performed, the performance of the service begun with the Consumer’s prior express consent and with the acknowledgement that the Consumer would lose his right of withdrawal once the Agreement had been fully performed by the Seller.

  11. Both the Customer (Consumer) and the Seller have a legal right to cancel the Sales Agreement in the event that the opposite party fails to fulfil its obligations under the Agreement within the set deadline.

§ 9

TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS (B2B)

  1. This paragraph contains provisions only for entrepreneurs not covered by protection under the Act on Consumer Rights, referred to in § 10 of the Terms and Conditions.

  2. The Seller reserves the right to cancel a non-consumer Sales Agreement within 14 working days of the date of the Agreement being concluded without giving any reason and without incurring any liability towards the business Customer.

  3. The Seller may limit the scope of payment methods made available to the business Customer regardless of the payment method chosen by the business Customer and the fact that the Sales Agreement has been concluded. The Seller may demand full or partial payment in advance.

  4. The risks and rewards of ownership including but not limited to the risk of loss of or damage to a Product shall pass to the business Customer when the Product is picked up from the Seller by the carrier. The Seller shall not be held liable for any damage, shortage or loss to the contents of the shipment that occurs after the carrier picks up the Product or for any delay in delivery.

  5. Business Customer is required to inspect his shipment for any loss, shortage or damage before accepting it from the carrier. If the business Customer believes any or part of the Product is missing, wrong or damaged he should take all measures necessary to establish the liability of the carrier.

  6. The Service Provider may terminate the Electronic Services Agreement with immediate effect and without giving any reason by sending a notice of termination to the non-consumer User.

§ 10

PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

(effective from 1 January 2021)

  1. An entrepreneur conducting sole proprietorship (this paragraph does not apply to commercial companies) is protected by the Act on Consumer Rights, provided that the Sales Agreement it concludes with the Seller is not of a professional nature.

  2. A person conducting business activity, referred to in item 1 of this paragraph, is protected only in the scope of:

    1. prohibited contractual provisions – the so-called abusive clauses,

    2. liability under the warranty for physical and legal defects of the Product, in accordance with § 7 of the Regulations,

    3. the right to withdraw from a distance contract, in accordance with § 8 of the Terms and Conditions.

  3. The entrepreneur referred to in item 1 of this paragraph loses his consumer protection rights in the event that the Sales Agreement he has concluded with the Seller is of a professional nature, which is verified on the basis of the entrepreneur’s entry in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated therein.

  4. Entrepreneurs referred to in item 1 of this paragraph are not covered by institutional protection provided to Consumers by President of UOKiK.

§ 11

TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider grants access to the following Electronic Services:

    1. concluding Product Sales Agreements,

    2. Website Account.

  2. These Terms and Conditions shall apply to all Electronic Services provided through www.pocketsulu.com

  3. The Service Provider reserves the right to display advertising content at www.pocketsulu.com Advertisements are an integral part of the online Shop front and the materials presented therein.

§ 12

CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS

  1. The Electronic Services set forth under § 11 point 1 of these Terms and Conditions are free of charge.

  2. Term of the agreement:

    1. Electronic Services Agreements for Account management are concluded for an indefinite period of time.

    2. Electronic Services Agreements enabling the User to place an Order are concluded for a definite period of time and terminate upon placement or withdrawal of the Order.

  3. End-user hardware, network and software requirements for the ICT system used by the Service Provider:

    1. a computer (or a mobile device) with an active Internet connection,

    2. access to email account,
    3. Internet browser,

    4. enabling cookies and Javascript in the Internet browser.

  4. The User agrees to use the Shop in accordance with the principles of good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and intellectual property rights of any third party.

  5. The User is obliged to provide accurate and complete information to the Service Provider.

  6. The User is prohibited from providing any unlawful or illegal content.

§ 13

COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES

  1. Complaints about Electronic Services provided via www.pocketsulu.com should be submitted via email to shop@pocketsulu.com

  2. All complaints should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.

  3. All complaints shall be resolved promptly and, in any event, no later than within 14 days following the date of receipt.

  4. A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.

§ 14

CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS

  1. Terminating an Electronic Services Agreement:

    1. Continuing and indefinite-term Electronic Services Agreements (e.g. Account management agreement) may be terminated.

    2. The User may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the following e-mail address: shop@pocketsulu.com

    3. The Service Provider reserves the right to terminate continuing and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving from these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to do so despite receiving a cease and desist letter from the Service Provider with a reasonable deadline for compliance. The termination shall be effected within 7 days of serving an advance notice in writing (agreement termination period).

    4. The notice of termination leads to a cessation of legal relations with the effect for the future.

  2. Both the Service Provider and the User may terminate an Electronic Services agreement at any time by mutual agreement of the parties.

§ 15

INTELLECTUAL PROPERTY

  1. The compilation of all content at www.pocketsulu.com (with the stipulation of § 15 point 3 of the Terms and Conditions as well as materials used under a license, assignment of copyrights or fair use) is protected by copyright law and is the exclusive property of SULU GLOBAL limited liability company, ul. Strzelców Bytomskich 4/14, 40-310 Katowice, NIP: 9542806193, REGON: 383925273. The User shall bear all liability for damages caused to the Service Provider caused by any use of the content of the website located at www.pocketsulu.com without the consent of the Service Provider.

  2. Any use or reproduction of the content of the website located at www.pocketsulu.com or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.

  3. All trade names, Product names, company names and their logos used on the Store’s website at www.pocketsulu.com belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Store’s website at www.pocketsulu.com are used for informational purposes.

§ 16

FINAL PROVISIONS

  1. Agreements concluded through the Shop are construed in accordance with the laws of Poland.

  2. Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.

  3. Changes made of these Terms and Conditions by the Service Provider, bind the Service Recipient, provided that he has been properly informed about the changes and has not terminated the contract for the provision of electronic services within 14 days from the date of notifying the Customer of the changes by the Store.

  4. Any disputes between the Shop and Consumers arising out of or in connection with a Sales Agreement shall be resolved in the first instance through amicable negotiation between the parties with the intention of amicable settlement of the dispute in accordance with the Act on out-of-court consumer dispute resolution. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point 5 of this paragraph.

  5. Judicial dispute settlement procedures:

    1. Any disputes arising between the Service Provider and the consumer User (Customer) or the entity referred to in § 10 of the Terms and Conditions, shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).

    2. Any disputes arising between the Service Provider and the non-consumer User (Customer), referred to in § 9 of the Terms of Conditions, shall be settled by the court having jurisdiction over the Service Provider’s registered office.

  6. Consumer Customers may use Alternative Dispute Resolution schemes after the internal complaints procedure is finalised, such as submitting a request for mediation or a request for arbitration to a competent state organ (model request forms are available at: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts attached to the Voivodeship Inspectorates of Trade Inspection may be found at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Customer may also obtain free legal aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection. Alternative Dispute Resolution procedures are free of charge.

  7. Consumers may submit complaints through the Online Dispute Resolution (ODR) online platform available at: http://ec.europa.eu/consumers/odr/