§ 1. RIGHT OF WITHDRAWAL

1. In accordance with Article 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2017, item 683, as amended), a consumer, as well as natural persons concluding a contract directly related to their business activity, when it follows from the content of this contract that it is not of a professional nature for this person, resulting in particular from the subject of their business activity, made available on the basis of the regulations on the Central Register and Information on Economic Activity may withdraw from this contract within 14 days without giving any reason and without incurring costs, except for the costs specified in point 7 and point 8 below.
2. The period for withdrawal begins:

1) for a contract under which the Seller hands over the Product and is obliged to transfer its ownership (e.g. sales contract) – from the moment the Consumer or the entity indicated in paragraph 1 or a third party indicated by them, other than the carrier, takes possession of the Product, and in the case of a contract that covers multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product,

2) for other contracts – from the date of conclusion of the contract.

3. The Consumer or the entity indicated in paragraph 1 may withdraw from the contract by informing the Seller of their decision to withdraw from the contract by means of an unambiguous statement, for example by sending an e-mail to the e-mail address: [email protected]
4. To meet the deadline for withdrawal, it is sufficient to send the information regarding the exercise of the right of withdrawal before the withdrawal period expires.
5. In the event of withdrawal from a distance contract, the contract is considered void. If the Customer who is a Consumer or the entity indicated in paragraph 1 submitted a declaration of withdrawal from the contract before the Seller accepted their offer, the offer ceases to be binding.
6. In the event of withdrawal from the contract, the Consumer or the entity indicated in paragraph 1 is obliged to return the Product to the Seller immediately, but no later than within 14 days from the date on which the Consumer informed the Seller about the withdrawal from the contract. To meet the deadline, it is sufficient if the Product is sent back before the end of the 14-day period to the following address:

DTW Logistic Group - returns department

Noyo Pharm

Sochaczewska 98C

05-870 Błonie

7. The Consumer is obliged to bear the direct costs of returning the Product [packaging costs, postage fee for returning the shipment].
8. In the event of withdrawal from the contract, the Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer's or the entity indicated in paragraph 1 statement of withdrawal from the contract, refund all payments received from them.
9. The refund will be made by the Seller using the same payment method as the Consumer or the entity indicated in paragraph 1, unless the entity has expressly agreed to a different method of refund.
10. The Seller may withhold the reimbursement of payments received from the Customer until the Product is received back or until the Consumer or the entity indicated in section 1 provides proof of sending the Product back, depending on which event occurs first.
11. The customer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
12. According to Article 38 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2017, item 68, as amended), the right to withdraw from a distance contract is not granted to the Consumer or the entity indicated in paragraph 1 with regard to contracts:

1) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the start of the service that he/she would lose the right to withdraw from the contract after the service had been provided by the entrepreneur;

2) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;

3) in which the subject of the service is an item that spoils quickly or has a short shelf life;

4) in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery;

5) in which the subject of the service are items that, after delivery, due to their nature, are inseparably connected with other items.

6) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the service began that he would lose the right to withdraw from the contract after the entrepreneur's performance;

7) the delivery of digital content that is not stored on a tangible medium, if the performance began with the consumer's explicit consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right to withdraw from the contract.

§ 2. COMPLAINT PROCEDURE

1. The seller is obliged to provide customers with a product that is free of physical and legal defects. The Seller shall be liable to the Customers for Product defects in accordance with the provisions of the Act of 23 April 1964 Civil Code (consolidated text: Journal of Laws of 2018, item 1025, as amended), in particular in Article 556 et seq. of the Civil Code.
2. The Customer may submit a complaint electronically to the following e-mail address: [email protected]
3. It is advisable that the complaint includes the following information in particular: name and surname, correspondence address, e-mail address to which the response to the complaint is to be sent, if the customer wishes to receive a response to the complaint by email, the date of purchase of the product, the type of product being complained about, a detailed description of the defect and the date on which it was discovered, the customer's request, and the preferred method of communication regarding the complaint. The seller must provide proof of purchase of the product together with the complaint. This can be, for example, a copy of the receipt or invoice, a printout of the payment card or other proof. The above content regarding the complaint is only an example, which the Customer does not have to use, and does not affect the effectiveness of complaints made without the recommended complaint description.
4. A Customer who exercises their rights under the warranty is obliged to deliver the defective Product to DTW Logistic Group - Returns Department, Noyo Pharm, Sochaczewska 98, 05-870 Błonie, at their own expense.
5. The Seller will consider and respond to the complaint promptly, no later than 14 days from the date of submission of the complaint. The Client will be informed about the method of complaint processing according to the data indicated in the complaint.
6. A complaint concerning services provided electronically should include, in particular: a description of the matter to which the complaint relates, the e-mail address provided in the Order Form and the e-mail address or mailing address to which the response to the complaint is to be sent if the Client wishes to receive a response to the complaint by post or e-mail to an address that is different from the e-mail address. to which the response to the complaint is to be sent, if the Customer wishes to receive a response to the complaint by post or e-mail to an address that is different from the e-mail address provided during the registration of the Customer Account or in the Order Form, as well as the Customer's preferred method of being informed about the outcome of the complaint. The above content regarding the complaint is only an example, which the Customer does not have to use, and does not affect the effectiveness of complaints made without the recommended description of the complaint. The complaint will be processed and a response regarding the method of its processing will be provided promptly, no later than within 14 days from the date of submission of the complaint. The Client will be informed about the method of complaint processing according to the data indicated in the complaint.
7. In the event of any deficiencies in the submitted complaint, the Seller will ask the Client to supplement them according to the address data indicated in the complaint.

§ 3. OUT-OF-COURT METHODS OF DEALING WITH COMPLAINTS AND INVESTIGATING CLAIMS

1. Detailed information on out-of-court methods of dealing with complaints and investigating claims, as well as the rules of access to these procedures, are available at the headquarters and on the websites of poviat (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, provincial inspectorates of the Trade Inspection, and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php, https://uokik. gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php, www.uokik.gov.pl/wazne_adresy.php, www. uokik.gov.pl/sprawy indywidualne.php.
2. A customer with the status of a Consumer or an entity indicated in § 8 section 1 may obtain free assistance in resolving an individual dispute between the Consumer and the Seller by using the free legal assistance of a municipal or district consumer ombudsman or a social organisation whose statutory tasks include consumer protection, such as the Federation of Consumers – website address: www.federacjakonsumentow.org.pl.
3. The Network of European Consumer Centres also helps to resolve individual disputes and consumer complaints related to cross-border transactions. The addresses of these institutions are available on the website of the European Consumer Centre www.konsument.gov.pl.
4. A customer who is a consumer or the entity specified in § 8 (1) has the following options for out-of-court dispute resolution:

1) to apply to the provincial inspector of the Trade Inspection Authority to initiate proceedings for an out-of-court settlement of the dispute between the Consumer or the entity indicated in § 8 section 1 and the Seller by enabling the parties to reconcile their positions in order to resolve the dispute by the parties or to present the parties with a proposal to resolve the dispute,

2) is entitled to apply to a permanent arbitration court operating under the provincial inspector of the Trade Inspection for the settlement of a dispute arising from the concluded sales contract.

5. The Trade Inspectorate is an entity authorised to conduct proceedings in the matter of out-of-court settlement of consumer disputes. The tasks of the Trade Inspectorate in the scope of conducting proceedings in the matter of out-of-court settlement of consumer disputes and organising and conducting permanent arbitration courts are performed by locally competent provincial inspectors of the Trade Inspectorate. A list of all regional inspectors of the Trade Inspection and permanent arbitration courts along with their website addresses can be found on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl/wazne_adresy.php.
6. A list of institutions dealing with out-of-court settlement of consumer disputes, including information on the type of cases that individual entities deal with, is available on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl. The President of the Office of Competition and Consumer Protection also has a contact point for out-of-court consumer dispute resolution and an online consumer dispute resolution system, whose tasks include, among others, providing assistance to consumers in matters concerning out-of-court consumer dispute resolution, in particular in cases of disputes arising from cross-border contracts concluded with consumers.
7. The consumer or the entity specified in § 8 section 1 may use the online dispute resolution platform (ODR platform) in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR). The European ODR platform is intended to facilitate independent, impartial, transparent, effective, swift and fair out-of-court settlement of disputes between consumers and traders regarding contractual obligations arising from online sales or service contracts concluded between consumers residing in the European Union and traders established in the European Union. Below, you will find an electronic link to the ODR platform ec.europa.eu/consumers/odr.
8. The use of available out-of-court complaint and redress procedures is possible after the complaint procedure has been completed and is voluntary - both parties must agree to the proceedings.
9. The seller agrees to participate in the out-of-court dispute resolution proceedings with the Consumer or the entity indicated in § 8 section 1.