Modny Stylista

Returns and Complaints

RIGHT OF WITHDRAWAL
  1. A privileged buyer has the right to withdraw from a contract concluded with the Seller through the Store, subject to 8 Regulations, within 14 days without giving any reason. An exception to this right are products ordered with Personalization service – these are not subject to return, but only to Complaint..
  2. The deadline for withdrawal expires after 14 days from the date:
      1. in which the Priority Buyer took possession of the goods or in which a third party other than the carrier and designated by the Priority Buyer took possession of the goods;
      2. in which the Priority Buyer took possession of the last of the items or in which a third party, other than the carrier and designated by the Priority Buyer, took possession of the last of the items in the case of a contract obligating the transfer of ownership of multiple items that are delivered separately.
  3. In order for a privileged buyer to exercise his right of withdrawal, he must inform the Seller, using the data provided in § 2 of the Regulations, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by mail or information transmitted by e-mail).
  4. A privileged buyer may use the model withdrawal form, but it is not mandatory.

    Model withdrawal form, click HERE to download the PDF file (In Polish language)

  5. In order to observe the deadline for withdrawal, it is sufficient for the privileged Buyer to send information concerning the exercise of his right of withdrawal before the expiry of the deadline for withdrawal.
    EFFECTS OF WITHDRAWAL FROM     THE CONTRACT
  6. In the event of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the privileged Buyer’s choice of delivery method other than the cheapest ordinary delivery method offered by the Seller), immediately and in any case no later than 14 days from the day on which the Seller was informed of the decision of the privileged Buyer to exercise his right to withdraw from the contract.
  7. The Seller will refund the payment using the same means of payment that were used by the Priority Buyer in the original transaction, unless the Priority Buyer agrees otherwise, in any case the Priority Buyer will not incur any fees in connection with this refund.
  8. The seller may withhold reimbursement until it receives the goods or until it is provided with proof of their return, whichever event occurs first.
  9. The seller asks to return the goods to the address:

    Modny Stylista
    Ewelina Moszkowicz-Jasiorek
    street: Budy Dłutowskie 9
    zip code: 95-081
    city: Dłutów
    country: POLAND

    immediately, and in any case no later than 14 days from the date on which the privileged Buyer informed the Seller about withdrawal from the sales contract. The deadline is met if the Priority Buyer sends back the goods before the expiration of the 14-day period.

    WE ALSO ENCOURAGE YOU TO USE THE CONVENIENT RETURNS SERVICE (POLISH AREA ONLY) – BANNER WITH RETURN INSTRUCTIONS UNDER THE TERMS AND CONDITIONS.

  10. The privileged buyer shall bear the direct costs of returning the goods.
  11. The privileged buyer shall be liable only for the diminution in value of the goods resulting from the use of the goods other than what was necessary to ascertain the nature, characteristics and functioning of the goods.
  12. If the goods, due to their nature, cannot be returned by ordinary mail, the Privileged Buyer will also have to bear the direct costs of returning the goods. The privileged Buyer will be informed of the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing an order.
  13. In the event that a refund is required for a transaction made by a Buyer with a privileged payment card, the Seller will make the refund to the bank account assigned to that payment card.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
  1. The right of withdrawal from a contract concluded at a distance, referred to in § 7 of the Regulations, does not apply to the contract:
    1. in which the object of performance is a non-refabricated item, produced according to the specifications of a privileged buyer or serving to meet his individualized needs;
    2. in which the object of performance is an item that is perishable or has a short shelf life;
    3. in which the object 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 has been opened after delivery;
    4. in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things;
    5. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
    6. for the supply of daily newspapers, periodicals or magazines, except for a subscription contract;
    7. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiration of the deadline for withdrawal.
COMPLAINTS
    1. In the event of a defect in the goods, the Consumer has the opportunity to complain about the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, if the guarantee has been granted.
    2. Using the warranty, the consumer may, under the terms of the Civil Code:
      1. Make a statement on price reduction,
      2. With a material defect – make a declaration of withdrawal from the contract,
      3. Demand that the item be replaced with a defect-free one,
      4. Demand removal of the defect.
    3. The Seller asks to submit complaints on the basis of warranty to the return address for complaints (subsection. §2.5) or electronic address for complaints (subsection. §2.3) indicated in 2 of the Regulations.
    4. If it turns out that in order to consider the complaint it is necessary to deliver the defective goods to the Seller, the Consumer is obliged to deliver these goods at the expense of the Seller, to the address:

      MODNY STYLISTA
      street: Odrodzenia 3
      zip code: 95-200
      city: Pabianice
      country: POLAND
    5. If the goods are additionally covered by a warranty, information about it, as well as its conditions, is available in the product description in the Store.
    6. Complaints about the operation of the Store should be addressed to the e-mail address indicated in 2.3 of the Regulations.
    7. Complaints will be handled by the Seller within 14 days.
      JUDGMENTAL METHODS FOR DISPUTING COMPLAINTS AND RECEIVING       CLAIMS
    8. If the complaint procedure fails to produce the result expected by the Consumer, the Consumer may use, among other things:
      1. mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
      2. assistance of the locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the court should be submitted As a rule, the proceedings are free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
      3. free assistance from the city or county consumer ombudsman;
      4. ODR’s online platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
[BANER-WZ].

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