Complaint procedure of WITTCHEN online shop

The seller is:

WITTCHEN S.A. with its registered office in Palmity at the following address: Palmiry, ul Gdańska 60, 05-152 Czosnów, entered into the National Court Register kept by the District Court for the capital city of Warsaw, XIV Division – the Commercial Division of the National Court Register under the number 0000352760, Tax Identification number 951-10-22-154, National Business Registry number 011664266 (‘WITTCHEN’). In order to make a complaint, WITTCHEN should be contacted via (i) email: esklep@wittchen.com, (ii) phone (22) 266 88 00 or (iii) the complaint form available on the website: www.wittchen.com (under 'Complaints').

A complaint submitted by a Consumer is subject to defects consisting in the non-conformity of the agreement when the product purchased from WITTCHEN:

1. does not possess the characteristics that a good of this kind should have by virtue of its description, type, quantity, quality, completeness and functionality;
2. is not fit for the particular purpose for which it is needed by the Consumer, which was communicated to WITTCHEN by the Consumer at the latest at the time of concluding the agreement and which WITTCHEN has accepted;
3. is not fit for the purposes for which such goods are normally used, taking into account applicable law, technical standards or good practice;
4. is not in such quantity and does not have such characteristics, including in terms of durability and safety, as are typical for a good of this type and which the Consumer may reasonably expect, taking into account the nature of the good and the public assurance given by WITTCHEN, its legal predecessors or persons acting on their behalf, unless WITTCHEN proves that: (a) it was not aware of the public assurance in question and, judging reasonably, could not have been aware of it, (b) prior to the conclusion of the agreement, the public assurance was rectified in the terms and form in which the public assurance was given, or in a comparable manner, (c) the public assurance did not influence the Consumer's decision to conclude the agreement;
5. was not supplied with the packaging, accessories and instructions that the Consumer can reasonably expect;
6. was not supplied in the same quality as the sample or design that WITTCHEN made available to the Consumer before concluding the agreement and does not correspond to the description of such a sample or such design.

A complaint submitted by an entrepreneur (i.e. a natural person, a legal person or an organisational unit which is not a legal person and to which legal capacity is granted by law, making a purchase at WITTCHEN directly related to their business or professional activity - not being a consumer; cf. art. 5564 of the Civil Code) are subject to defects of goods when the product purchased from WITTCHEN:

1. does not have the qualities which a thing of that type should have by reason of the purpose stated in the agreement or resulting from the circumstances or use for which it is intended;
2. does not have the qualities that WITTCHEN has assured the entrepreneur of, including presenting a sample or design;
3. is not suitable for the purpose the entrepreneur informed WITTCHEN about when concluding the agreement, and WITTCHEN has not raised any objections to such a purpose;
4. is in incomplete condition.

 

Complaints can be lodged on the grounds of:

• non-conformity of goods with the agreement (consumer sales);
• guarantee - under the guarantee terms and conditions (as far as WITTCHEN has provided a guarantee);
• warranty ((in the case of sales made between businesses, i.e. non-consumers).

• To submit a product for complaint, the person who purchased a product from WITTCHEN is obliged to present proof of purchase (in a form of e.g. receipt, VAT invoice, confirmation of card payment, payment card statement or other document confirming the place, details of WITTCHEN and date of purchase)
• A complaint application together with the goods and the proof of purchase may be submitted:
1. at the nearest WITTCHEN brand shop (up-to-date shop addresses are available at www.wittchen.com under ‘Sales points’);
2. in the form of a brief description of the damage together with the claim and contact details of the person submitting the claim to the following address:
   
   Centrum Logistyczne WITTCHEN
   Dział Reklamacji i Serwisu
   Palmiry, Ul. Gdańska 60
   05-152 Czosnów
   e-mail : reklamacje@wittchen.com
   
   The claim form is made available by WITTCHEN at www.wittchen.com (under 'Complaints')
• Claims shall be submitted using the form available at: https://www.wittchen.com/pl-PL/nowareklamacja. To lodge a complaint, the person submitting the claim is obliged to submit a declaration of intent containing basic information regarding the product defects found and details enabling contact with the person submitting the claim. Then wait for contact from a courier who will collect the complaint in question (faulty goods) within two working days of receipt of the notification.
  
  
  

  Complaint form

   
  
  
  
• The person submitting the claim will receive a copy of the complaint notification as a PDF to the e-mail address provided.
• The form of communication to the Customer regarding the response to the requests are:
  
  
  1. an SMS message or
  2. an e-mail or
  3. on paper by Poczta Polska (registered mail).
  4. For the avoidance of doubt, the response to the complaint shall be given on paper or on another durable medium, in particular with regard to the consumer.
• The person submitting the claim will be informed without delay, but no later than 14 days from the date of receipt of the complaint, of how the demands specified in the complaint will be addressed.
• If the complaint is not accepted or dealt with according to the request of the person submitting the claim, such person may apply to WITTCHEN for reconsideration of the complaint.
• In matters related to the complaint procedure, in particular to the extent not covered by this complaint procedure, the relevant provisions of generally applicable Polish law shall apply, in particular, the provisions of the Act of 23 April 1964 Civil Code (consolidated text: Journal of Laws of 2020, item 1360 as amended) and the Act of 30 May 2014 on the Consumer Law (consolidated text: Journal of Laws of 2020, item 287 as amended).
• This procedure shall enter into force on 1 January 2023 (Entry into force).