PRODUCT COMPLAINT

1. Warranty Claim.
   1. All Products offered in the Store come with a manufacturer’s or seller’s warranty valid in the territory of the Republic of Poland,
   2. the warranty period for Products is 24 months and is counted from the date of delivery of the Product to the Customer,
   3. the document entitling to warranty protection is the warranty card or proof of purchase,
   4. the warranty card included with the Product or made available on the Store’s website contains the guarantor’s information, detailed information about the goods covered by the warranty, information about the duration and conditions of the warranty, as well as the customer’s rights under the warranty,
   5. the warranty does not exclude the rights of the Consumer and the entity referred to in § 10 of the Regulations, arising from the non-conformity of the Product with the Sales Agreement as specified in the Consumer Rights Act, which apply to the Consumer and the entity referred to in § 10 by operation of law,
2. Complaint Due to Non-conformity of the Product with the Agreement.
   1. The basis and scope of the Seller’s liability towards the Customer who is a Consumer or the entity referred to in § 10 of the Regulations due to the non-conformity of the Product with the Agreement are defined in the Consumer Rights Act of May 30, 2014,
   2. the basis and scope of the Seller’s liability towards the Customer who is a Business Customer, as referred to in § 9, for warranty are defined in the Civil Code of April 23, 1964.,
   3. the Seller is liable towards the Customer who is a Consumer or the entity referred to in § 10 of the Regulations for the non-conformity of the Product with the Agreement existing at the time of delivery of the Product and revealed within 2 years from that moment unless the period of usability of the Product determined by the Seller or persons acting on its behalf is longer,
   4. notifications of non-conformity of the Product with the Agreement and the submission of the relevant request can be made by email to the address: hello@dibys.eu or in writing to the address: ul. Domaniewska 17/19 lok. 133, 02-663 Warsaw,
   5. in the above message, in written or electronic form, you should provide as much information and circumstances regarding the subject of the complaint as possible, including the type and date of occurrence of the irregularity and contact details. The provided information will significantly facilitate and expedite the examination of the complaint by the Seller,
   6. for the assessment of irregularities and non-conformities of the Product with the Agreement, the Consumer or the entity referred to in § 10 of the Regulations is obligated to make the Product available to the Seller, and the Seller is obligated to collect it at its own cost,
   7. The Seller will respond to the Customer’s request promptly, no later than within 14 days from the moment of receiving it,
   8. in the case of a complaint by a Customer who is a Consumer or the entity referred to in § 10 of the Regulations, failure to consider the complaint within 14 days from its submission is equivalent to its acceptance,
   9. A Customer who is a Consumer or the entity referred to in § 10 may, in the first place, request the replacement or repair of the Product by the Seller. Price reduction and withdrawal from the agreement can be requested only in cases specified in the Consumer Rights Act of May 30, 2014 (e.g., when the non-conformity of the goods with the agreement is significant, when the Seller has refused to bring the goods into conformity with the agreement, or when the non-conformity of the goods with the agreement still exists despite the Seller’s attempt to bring the goods into conformity with the agreement),
   10. in connection with a justified complaint by a Customer who is a Consumer or the entity referred to in § 10 of the Regulations, the Seller will:
       • cover the costs of repair or replacement and re-delivery of the Product to the Customer,
       • reduce the price of the Product (the reduced price must be in proportion to the price of the compliant goods to the non-compliant goods) and refund the Consumer or the entity referred to in § 10 the value of the reduced price no later than within 14 days from receiving the statement of the price reduction from the Consumer or the entity referred to in § 10,
       • in the case of withdrawal from the agreement by the Consumer or the entity referred to in § 10, the Seller will refund the price of the Product no later than within 14 days from the day of receiving the returned goods or evidence of its return. In case of withdrawal from the agreement, the Consumer or the entity referred to in § 10 is obligated to return the goods to the Seller at the Seller’s expense,
   11. the response to the complaint is provided on paper or another durable medium, such as email or SMS.

RIGHT TO WITHDRAW FROM THE AGREEMENT

1. Subject to point 10 of this paragraph, a Customer who is simultaneously a Consumer or the entity referred to in § 10 of the Regulations and has concluded a distance contract may withdraw from it without giving any reason by submitting the relevant statement within 14 days. To meet this deadline, it is sufficient to send the withdrawal statement provided by the Store.
2. In the case of withdrawal from the agreement, the Sales Agreement is considered not concluded, and the Consumer or the entity referred to in § 10 of the Regulations is obligated to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the day on which they withdrew from the agreement, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is enough to send back the Product before its expiration.
3. In the case of withdrawal from the Sales Agreement, the Product should be returned to the following address: ul. Przemysłowa 8, 08-500 Ryki.
4. The Consumer or the entity referred to in § 10 of the Regulations is responsible for the decrease in the value of the Product resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics, and functioning of the Product, unless the Seller has not informed the Consumer or the entity referred to in § 10 of the manner and timing of exercising the right of withdrawal from the agreement and has not provided them with a withdrawal form. To determine the nature, characteristics, and functioning of the Products, the Consumer or the entity referred to in § 10 of the Regulations should treat the Products and check them in the same way they could do in a stationary store.
5. Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product along with the delivery costs using the same method of payment that the Consumer used unless the Consumer or the entity referred to in § 10 of the Regulations has expressly agreed to a different method of refund that does not entail any costs for them. Subject to point 7 of this paragraph, the refund will be made immediately, but no later than within 14 days from the date of receiving the Consumer’s statement of withdrawal from the Sales Agreement.
6. If the Consumer or the entity referred to in § 10 of the Regulations has chosen a method of delivering the Product other than the cheapest standard delivery offered by the Store, the Seller is not obliged to refund the additional costs incurred by them.
7. If the Seller has not offered to collect the Product from the Consumer or the entity referred to in § 10 of the Regulations themselves, they may withhold the reimbursement of payments received from the Consumer until they receive the Product back or until the Consumer or the entity referred to in § 10 of the Regulations provides proof of sending it back, depending on which event occurs first.
8. A Consumer or the entity referred to in § 10 of the Regulations withdrawing from the Sales Agreement, as specified in point 1 of this paragraph, bears only the cost of returning the Product to the Seller.
9. The fourteen-day period in which a Consumer or the entity referred to in § 10 of the Regulations may withdraw from the agreement is counted:
   • for an agreement in which the Seller delivers the Product, being obliged to transfer its ownership – from the day on which the Consumer or the entity referred to in § 10 of the Regulations (or a third party indicated by them other than the carrier) took possession of the Product,
   • for an agreement that includes multiple Products that are delivered separately, in batches, or in parts – from the day of taking possession of the last Product, batch, or part,
   • for an agreement for regular delivery of Products for a specified period – from the day of taking possession of the first of the Products,
   • for other agreements – from the day of concluding the agreement.
10. The right to withdraw from a distance contract does not apply to a Consumer or the entity referred to in § 10 of the Regulations in the case of a Sales Agreement:
    • in which the subject of performance is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy their individual needs,
    • in which the subject of performance is an item delivered in a sealed package, which cannot be returned once opened for health or hygiene reasons if the packaging was opened after delivery,
    • in which the subject of performance is items that, after delivery, due to their nature, are inseparably mixed with other items,
    • for the provision of services for which the Consumer is required to pay a price, if the entrepreneur has fully performed the service with the express consent of the Consumer, who has been informed before the start of the service that, after the entrepreneur has fulfilled the service, they will lose the right to withdraw from the agreement and has accepted this,
    • in which the subject of performance is a perishable item or an item with a short shelf life.
11. The right to withdraw from the Sales Agreement is available to both the Seller and the Customer in the event of non-performance by the other party to the agreement of their obligation within the time period specified.