Shipping + Returns

Section 1 - Fulfillment of an Accepted Order

1) Orders are shipped to:

  • Europe

  • Rest of the world

    • The Seller points out that when the goods are sent outside the European Union VAT does not apply, however additional duties may be charged on the goods. In order to determine the amount of such charges, the Buyer is requested to contact the Seller or the customs authorities competent for the place of delivery of the goods.

2) The purchased goods are delivered via courier companies.

3) Detailed information about the delivery will be indicated upon placing the Order.

4) The deadline for completing the order is between 21 to 42 days.

5) Both the preparation of goods to be sent and their dispatch takes place on Business Days.

6) If a sales contract covers several goods, the shipment will be sent by the Seller after the entire Order has been completed – i.e. not later than within the time limit for the ordered goods with the longest time limit.

7) The Seller will proceed to complete the Order after receiving payment for it.

8) The Seller is obliged to deliver the goods without any defects.

Section 2 - Withdrawal from the Contract

1) A Consumer has the right to withdraw from the sales contract, subject to section 10 of the Terms and Conditions, within 14 days, without giving any reason.

2) The time limit for withdrawal from the contract ends after the lapse of 14 days, counting from the day:

  1. which the Consumer acquired physical possession of the goods or on which a third party other than the carrier and indicated by the Consumer acquired physical possession of that good.

  2. which the Consumer acquires, or a third party other than the carrier and indicated by the Consumer acquires, physical possession of the last good – in the case of a contract relating to multiple goods ordered by the Consumer in one order and delivered separately;

  3. For a Consumer to be able to exercise the right of withdrawal from the sales contract, he/she must notify the Seller by using the data specified in section 3 of the Terms and Conditions about the withdrawal from the sales contract by an unequivocal declaration (e.g. a letter sent by post or information sent via electronic mail).

4) The Consumer can make use of the withdrawal form template placed at the end of these Shipping and Returns, however it is not mandatory.

5) In order to observe the time limit for withdrawal from the contract, the Consumer should send information about exercising his/her right of withdrawal from the contract prior to the lapse of the withdrawal time limit.

6) In the event of withdrawal from the sales contract, the Seller returns all the payments received from the Consumer back to the Consumer, including the cost of delivery of the goods (with the exception of additional costs arising from the method of delivery selected by the Consumer other than the cheapest regular delivery method offered by the Seller) immediately, however not later than 14 days from the date on which the Seller was notified about the Consumer's decision to exercise the right of withdrawal from the sales contract.

7) The payments will be returned with the same payment methods as the ones used by the Consumer in the original transaction, unless the Consumer agrees on another solution. In any case, the Consumer will not incur any fees in connection with the return.

8) The Seller can withhold a return of the payment until having received the good or a proof of its return, whichever occurs earlier.

9) The Seller asks that the goods be returned to the following address: Michael & Markus Sp. z o.o. (Spółka z ograniczoną odpowiedzialnością), Ul. Jana z Kolna 11, 80-864 Gdańsk, Poland, immediately, however not later than 14 days from the date on which the Seller was notified about the Consumer's decision to withdraw from the sales contract.

10) The Consumer bears the direct costs of returning the goods.

11) The Consumer is responsible only for the reduction in the value of the goods resulting from using them in a manner other than necessary to establish their nature, characteristics and functioning.

12) If the funds from a transaction made by a payment card have to be returned, the Seller will make the refund to the bank account assigned to that payment card.

13) If the Consumer submits the declaration of withdrawal from the contract before the Seller accepts the Order, the Order is no longer binding.

Section 3 - No right of Withdrawal from the Contract

1) The right of withdrawal from the contract does not apply to the following contracts:

  1. where the subject of the service is a non-prefabricated good made to the Consumer’s specifications or used to meet his or her clearly personalised needs,

  2. where the subject of the service are goods which are, after delivery, according to their nature, inseparably mixed with other items;

  3. where the price or remuneration is determined by fluctuations in the financial market over which the enterpreneur does not exercise control and which may occur prior to the expiration of the period for withdrawal from the contract.

Section 3 - Complaints

1) If the goods are defective, the Buyer has the right to file a complaint.

2) The Seller is responsible for any defect which becomes apparent within 2 years from the date of delivery.

3) If the goods are defective, the Buyer may:

  1. request a price reduction,

  2. in the case of a material defect – make a statement of withdrawal from the contract,

  3. demand an exchange of the good for a good free from defects.

  4. demand that the defect be removed.

4) The Seller requests that complaints be addressed to the postal address or e-mail address specified in section 3 of the Terms and Conditions.

5) If the delivery of the good is necessary for the examination of a complaint, the Buyer is obliged to hand this good over to the Seller, in the case of the Consumer at the expense of the Seller, at: Michael & Markus Sp. z o.o. (Spółka z ograniczoną odpowiedzialnością), Ul. Jana z Kolna 11, 80-864 Gdańsk, Poland.

6) Complaints concerning the functioning of the Shop should be reported electronically to the e-mail address specified in section 3 of the Terms and Conditions.

7) The Seller will review the complaint within the period of 14 days.

Section 12 - Out-of-court Complaint and Redress Mechanism

1) In the case where the complaint procedure fails to bring the expected results, the Consumer may use, i.a.:

  1. The assistance of a competent European Consumer Centre of the EEC-Net. Such Centres provide Consumers with information about their rights and assist them in solving individual problems with cross-border transactions.

    The assistance of Consumer Centres is free-of-charge by default.

    A list of Consumer Centres competent for each country can be found at: http://www.konsument.gov.pl/pl/eck-w-europie.html

  2. Online Dispute Resolution (ODR) developed by the European Commission, available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.,

2) Furthermore, the following support options are available in the Republic of Poland:

  1. Mediations conducted by the locally competent Regional Trade Inspector, to whom an application for mediation should be directed. The proceedings are free-of-charge by default. The list of Inspectorates is available at the following address: https://www.uokik.gov.pl/wazne_adresy.php#faq595.

  2. Free-of-charge assistance of the locally competent permanent consumer court of arbitration operating with the Regional Trade Inspector, where an application for a review before the arbitration court should be submitted. The proceedings are free-of-charge by default. The list of courts is available at the following address: https://www.uokik.gov.pl/wazne_adresy.php#faq596.

  3. Free-of-charge assistance of the municipal or poviat consumer advocate.

Below you will find a template of a withdrawal form from the contract which the Consumer may use.

TEMPLATE OF STATEMENT OF WITHDRAWAL FROM THE AGREEMENT

(this form should be filled in and sent only in the event one wishes to withdraw from the agreement)

To:  Michael & Markus Sp. z o.o. (Spółka z ograniczoną odpowiedzialnością), Ul. Jana z Kolna 11, 80-864 Gdańsk, Poland

e-mail: shop@michaelmarkus.eu

– I/We(*) hereby inform about my/our withdrawal from the sales contract regarding 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 form)

___________________________________________________________

– Date ___________________
(*) Delete as appropriate.

These Shipping + Returns were last updated: 26/07/19