Complaints and Returns

§ 1 RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The consumer has the right to withdraw from the contract within 14 days without giving any reason. NOTE! If the product has not been used, installed in a car, or programmed in any way.
2. The deadline for withdrawing from the contract expires after 14 days from the day on which the Consumer came into possession of the item, or on which a third party other than the carrier and indicated by the Consumer came into possession of the item.
3. To exercise the right of withdrawal, the Consumer must inform the Entrepreneur of their decision to withdraw from the contract by means of an unequivocal statement – using the Entrepreneur’s data provided in these regulations.
4. The Consumer may use the model withdrawal form attached at the end of these regulations, but it is not mandatory.
5. To meet the withdrawal deadline, it is sufficient for the Consumer to send information concerning the exercise of their right of withdrawal before the withdrawal period has expired.
6. Consequences of withdrawal from the contract:
   
   1. In the event of withdrawal from the contract, the Entrepreneur shall reimburse the Consumer for all payments received from the Consumer, including the costs of delivering the item (with the exception of: additional costs resulting from the Consumer’s chosen method of delivery other than the cheapest standard delivery method offered by the Entrepreneur in the Store), without undue delay, and in any case no later than 14 days from the day on which the Entrepreneur was informed of the Consumer’s decision to exercise the right of withdrawal.
   2. The Entrepreneur will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to a different solution; in any case, the Consumer will not incur any fees in connection with this refund;
   3. The Entrepreneur may withhold the reimbursement until receipt of the item or until the Consumer has provided proof of its return, whichever occurs first;
   4. The privileged Buyer should send the goods back to the Entrepreneur’s address provided in these regulations without undue delay, and in any case no later than 14 days from the day on which he informed the Entrepreneur about the withdrawal from the contract. The deadline is met if the Consumer sends the goods back before the expiry of the 14-day period;
   5. The privileged Buyer bears the direct costs of returning the item;
   6. The privileged Buyer is only 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.
   
   


7. If, due to their nature, the items cannot be returned by post in the usual way, information about this, as well as the costs of returning the items, will be included in the item’s description in the Store.


8. Products marked on the online store with the “sale” tag are not covered by the warranty for business customers.


9. Despite all efforts, we do not guarantee that the materials published on magdatom-car.eu are free from errors or discrepancies. These shortcomings, however, cannot be the basis for any claims. In case of any doubts, please contact the company.


10. Product photos on magdatom-car.eu are for illustrative purposes only and may differ slightly from the actual appearance of the goods. Some visual features, such as color and proportions, may depend on the individual settings of the Customer’s computer equipment and are not a basis for a complaint.

§ 2 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

1. The Consumer may use, among others, the right of withdrawal for contracts:
   
   1. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or intended to satisfy his individualized needs;
   2. in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
   3. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery;
   4. in which the subject of the service are items which, due to their nature, become inseparably connected with other items after delivery;
   5. in which the subject of the service is sound or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery;
   6. for the supply of newspapers, periodicals or magazines, with the exception of a subscription agreement;
   7. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control, and which may occur before the withdrawal period expires;
   8. for the supply of digital content that is not stored on a tangible medium, if the performance has begun with the express consent of the Consumer before the withdrawal period has expired and after the entrepreneur has informed him about the loss of the right of withdrawal.
   
   

§ 3 COMPLAINTS and WARRANTY

1. The entrepreneur is obliged to deliver an item free from defects.
2. In the event of a defect in the goods purchased from the Entrepreneur, the privileged Buyer has the right to file a complaint based on the warranty regulated by the provisions of the Civil Code.
3. A complaint based on the warranty should be reported within the following period: 1 year – the period counted from the moment the defect was noticed, during which the complaint should be submitted to the seller under the warranty and specify their demands, or 2 years – the period of the seller’s liability under the warranty, counted from the date of delivery of the goods.
4. Complaints should be submitted in writing or by e-mail to the Entrepreneur’s addresses provided in these regulations.
5. It is recommended that the complaint includes, among others, a brief description of the defect, the date of its occurrence, the details of the Consumer submitting the complaint and the demands of the privileged Buyer in connection with the defect of the goods.
6. The Entrepreneur will respond to the privileged Buyer’s complaint request within 14 days, and if he does not do so within this period, the privileged Buyer’s request is deemed to be justified.
7. Goods returned as part of the complaint procedure should be sent to the address provided in § 3 of the Regulations.
8. If a warranty has been granted for the product, information about it, as well as its content, will be included in the product description in the Store.

§ 4 OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION AND CLAIM PURSUIT

1. The Consumer has the option to use, among others:
   
   1. mediation conducted by the Provincial Inspectorates of the Trade Inspection.
   2. the help of permanent amicable consumer courts operating at the Provincial Inspectorates of the Trade Inspection
   
   

§ 5 PERSONAL DATA

1. By making purchases in the Store, the User voluntarily provides their data, which are necessary to complete the order and will be processed by the Entrepreneur for this purpose.
2. The User has the right to inspect their personal data and request their correction.
3. The administrator of personal data is the Entrepreneur.

§ 6 FINAL PROVISIONS

1. In matters not regulated by these regulations, generally applicable provisions of Polish law shall apply, in particular: the Act on Consumer Rights of May 30, 2014, the Civil Code Act of April 23, 1964, and the Civil Procedure Code Act of November 17, 1964.
2. The sales contract concluded on the basis of these regulations concerns a specific order and is concluded for the purpose of fulfilling a one-time order. Each order requires separate acceptance of the regulations.

MODEL WITHDRAWAL FORM

(this form should be completed and returned only if you wish to withdraw from the contract)

– Entrepreneur’s details: LUXURY ORIGINAL PARTS OÜ, with headquarters at: Lasnamäe linnaosa, Lõõtsa tn 5, 11415 Tallinn, entered into the Central Register and Information on Economic Activity kept by the Minister of Economy, NIP number: EE102442100, e-mail: sklep@magdatom-car.eu, phone: +48692267938
– I/We * hereby inform * about my/our withdrawal from the contract of sale of the following items *
– Date of receipt
– Name and surname of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent in paper version)
– Date