Skip to main content
English €
Products in the cart: 0. See details

Warranty and Returns

 

 

COMPLAINTS

 

1. The Seller shall be liable for any non-compliance of the Product with the Agreement. The provisions of the Act of April 23, 1964 Civil Code (i.e. Journal of Laws of 2023, item 1610, as amended) concerning warranty for defects shall not apply to contracts obliging the transfer of ownership of the Goods to the Consumer, including in particular sales contracts, delivery contracts, and contracts for specific work being the Goods.

2. The Seller shall be liable for any lack of conformity of the Product with the Contract which exists at the time of delivery and is revealed within two (2) years from that time, unless the shelf life of the Product, as specified by the Seller, its legal predecessors or persons acting on their behalf, is longer. It is presumed that any lack of conformity of the Product with the Contract which becomes apparent within two (2) years of delivery of the Product existed at the time of delivery, unless proven otherwise or unless this presumption is incompatible with the nature of the Product or the nature of the lack of conformity of the Product with the Contract.

3. If the Product is not in conformity with the Contract, the Consumer may request its repair or replacement. The Seller may replace the Product when the Consumer requests repair, or the Seller may repair the Product when the Consumer requests replacement, if bringing the Product into conformity with the Agreement in the manner chosen by the Consumer is impossible or would involve excessive costs for the Seller. If repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the Contract.

4. The Seller shall repair or replace the Product within a reasonable time from the moment the Consumer informed them of the lack of conformity with the Contract, and without undue inconvenience to the Consumer, taking into account the specific nature of the Product and the purpose for which the Consumer purchased it. The costs of repair or replacement, including in particular the costs of postage, transport, labor, and materials, shall be borne by the Seller. For this purpose, the Consumer shall make the Product subject to repair or replacement available to the Seller. The Seller shall collect the Product from the Consumer at its own expense. If the Product was installed before the lack of conformity of the Product with the Agreement became apparent, the Seller shall dismantle the Product and reinstall it after repair or replacement, or have these activities performed at its own expense.

5. If the Product is not in conformity with the Contract, the Consumer may submit a statement on price reduction or withdrawal from the Contract when:

a) the Seller has refused to bring the Product into conformity with the Contract;

b) the Seller has not brought the Product into conformity with the Contract;

c) the Product is still not in conformity with the Contract, even though the Seller has attempted to bring the Product into conformity with the Contract;

d) the lack of conformity of the Product with the Contract is so significant that it justifies a price reduction or withdrawal from the Contract, without prior request for repair or replacement;

e) it is clear from the Seller's statement or circumstances that the Seller will not bring the Product into conformity with the Agreement within a reasonable time or without undue inconvenience to the Consumer.

6. The reduced price must be in such proportion to the price resulting from the Agreement as the value of the Product not in conformity with the Agreement is to the value of the Product in conformity with the Agreement. The Seller shall refund the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within fourteen (14) days from the date of receipt of the Consumer's statement on the price reduction.

7. The Consumer may not withdraw from the Agreement if the non-compliance of the Product with the Agreement is insignificant. It is presumed that the non-compliance of the Product with the Agreement is significant.

8. In the event of withdrawal from the Agreement, the Consumer shall immediately return the Product to the Seller at the Seller's expense. The Seller shall refund the price to the Consumer immediately, no later than within fourteen (14) days from the date of receipt of the Product or proof of its return, using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of refund which does not involve any costs for them.

9. Complaints regarding Products may be submitted:

a) in writing, to the address of the Seller's registered office: ul. Łobżenicka 14/1, 85-420 Bydgoszcz, Poland

b) by e-mail to the following e-mail address: ailant.polska@gmail.com

10. The complaint should include:

a) details of the person submitting the complaint (name and surname, mailing address, e-mail address, and contact telephone number);

b) the reason for the complaint and the content of the request;

c) the Order number appearing in the Order confirmation;

d) the original or a copy of the proof of purchase (e.g., receipt or invoice) may facilitate the complaint process, but is not necessary for filing a complaint

 

11. In the case of the sale and shipment of Goods to the United States of America, the customer shall not be entitled to any complaint rights, in particular with regard to warranty, guarantee, withdrawal, or other consumer claims. The conclusion of a purchase agreement with shipment to the USA constitutes acceptance of this exclusion.

 

 

RIGHT OF WITHDRAWAL

 

 

  1. Pursuant to the Act of May 30, 2014, on consumer rights (i.e., Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the Agreement concerning Products purchased in the Store without giving any reason by submitting a relevant written statement within fourteen (14) days from the date of delivery of the Goods (i.e., from the date of receipt of the Goods by the Consumer). This period shall be deemed to have been observed if the Consumer sends the statement before its expiry.
  2. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. A template of the statement is attached as Appendix 1 to these Terms and Conditions.
  3. The statement of withdrawal from the Agreement should be sent to the following address: ul. Łobżenicka 14/1, 85-420 Bydgoszcz, Poland
  4. The Consumer shall return the Goods to the Seller within fourteen (14) days from the date on which they withdrew from the Agreement. To meet the deadline, it is sufficient to send the Goods back before its expiry.
  5. The Consumer shall only bear the direct costs of returning the Goods.
  6. The Goods shall be returned to the Seller's address: ul. Adama Mickiewicza 3, 05-071 Sulejówek, Poland
  7. Within fourteen (14) days from the date of receipt of the statement of withdrawal from the Agreement, the Seller shall refund the Consumer all payments made by him, including the cost of delivery of the Goods, but the refund shall not be made until the Goods are returned or the Consumer provides proof of their return.
  8. If the Consumer has chosen a method of delivery of the Goods other than the cheapest method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for the additional costs incurred by him.
  9. The Seller shall refund the payment using the same method of payment as used by the Consumer.
  10. The Consumer shall be liable for any reduction in the value of the Product resulting from its use in a manner exceeding that necessary to ascertain the nature, characteristics, and functioning of the Product.
  11. The Consumer shall not have the right to withdraw from the Sales Agreement in relation to an Agreement:
  12. a) where the subject of the service is non-prefabricated Goods, manufactured according to the Consumer's specifications or serving to satisfy his individual needs;
  13. b) in which the subject of the service is Goods that spoil quickly or have a short shelf life;
  14. c) in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Agreement, and which can only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control;
  15. d) where the subject of the service is Goods delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging was opened after delivery;
  16. e) where the subject of the service are Goods which, after delivery, due to their nature, are inseparably connected with other goods;
  17. f) where the subject of the service are audio or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
  18. g) for the delivery of newspapers, periodicals, or magazines, with the exception of subscription agreements;
  19. h) where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period;
  20. i) for the delivery of Goods with digital elements, digital services or digital content, not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller has commenced performance with the express and prior consent of the Consumer, who was informed before the commencement of performance that once the Seller has performed, they will lose their right to withdraw from the Contract, and they have acknowledged this, and the Seller has provided them with confirmation;
  21. j) concluded by way of a public auction;
  22. k) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the Contract specifies the date or period of service provision;
  23. l) in which the Consumer expressly requested that the Seller come to him to perform urgent repairs or maintenance; if the Seller provides additional services other than those requested by the Consumer or delivers goods other than spare parts necessary for repair or maintenance - the Consumer has the right to withdraw from the Agreement in relation to additional Services or Goods;
  24. m) for the provision of services for which the Consumer is obliged to pay the price, in the event that the Consumer expressly requested the Seller to visit him in order to perform repairs, and the service has already been fully performed with the express and prior consent of the Consumer.
  25. The right to withdraw from a distance contract is granted to Consumers and Entrepreneurs with consumer rights.

 

 

Appendix 1: Form for withdrawal from the Agreement by the Consumer and the Entrepreneur with consumer rights


City of ___________, on: __________

Consumer/Entrepreneur with consumer rights:

First and last name: ________________

Address: ________________

Email: ________________

Tel:

Business:

Ailant sp. z o.o.

14/1 Łobżenicka Street

85-420 Bydgoszcz

Poland

 


FORM FOR WITHDRAWAL FROM THE AGREEMENT BY THE CONSUMER OR ENTREPRENEUR WITH CONSUMER RIGHTS



Hereby, acting pursuant to Article 27 of the Act of May 30, 2014 on consumer rights (i.e. Journal of Laws of 2020, item 287, as amended), which reads as follows:


Article 27 of the Consumer Rights Act

A consumer who has concluded a distance or off-premises contract may withdraw from it within 14 days without giving any reason and without incurring any costs, except for the costs specified in Article 33, Article 34(2) and Article 35.


I hereby inform you of my withdrawal from the contract concluded on _______________, consisting of:

__________________________________________________________________________________________________________________________________________________________________________________________________________________


__________________________________________________________________________________________________________________________________________________________________________________________________________________


In connection with the above, I kindly request a refund of the following amount resulting from the withdrawal from the contract: PLN/EUR _______________ (in words: _____________________________________________), to be transferred to the following bank account number: _________________________.


Instruction:


The Consumer, as well as the Entrepreneur with Consumer Rights, has the right to withdraw from the Agreement within 14 days, without giving any reason, and in the case of an Agreement concluded during an unannounced visit to the Consumer's place of residence or habitual abode or during a trip - within 30 days. The deadline for withdrawal from the Agreement expires after 14 days from the date of conclusion of the Agreement or on which the Consumer came into possession of the item/batch of items or part thereof, or on which a third party, other than the carrier and indicated by the Consumer, came into possession of the item/batch or part, and in the case of a Contract concluded during an unannounced visit to the Consumer's place of residence or habitual abode or a trip - after 30 days from the date of taking possession of the item/batch of items.

In order to exercise the right to withdraw from the Contract, the Consumer must inform the Seller, i.e. Aliant sp. z o.o., at the following address: Ul. Łobżenicka  14/1 85-420 Bydgoszcz, Poland or by e-mail: ailant.polska@gmail.com, of their decision to withdraw from the Agreement by means of an unequivocal statement sent by traditional mail or e-mail. The Consumer may use the model withdrawal form attached to these Terms and Conditions, which is not mandatory. The deadline is considered to have been met if the Consumer sent the information regarding the exercise of their right to withdraw from the Agreement before the deadline for withdrawal from the Agreement. The Consumer should return or deliver the Product to the Seller at the following address:  ul. Adama Mickiewicza 3, 05-071 Sulejówek, Poland or Neubaugasse 95/9, 8020 Graz, Austria, immediately, and in any case no later than 14 days from the date on which they informed the Seller of their withdrawal from the Agreement. This deadline is considered to have been met if the Consumer has returned the Product to the Seller before the expiry of the 14-day period.

In the event of withdrawal from the Agreement, the Seller shall refund the Consumer all payments received from the Consumer, including the costs of delivery of the Product (except for additional costs resulting from the Consumer's choice of a delivery method other than the cheapest and most common delivery method offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed of the intention to exercise the right to withdraw from the Agreement. The Seller may withhold the refund until the Product is received or until the Consumer provides proof of its return, whichever occurs first. The Seller shall refund the payment using the same method of payment that was used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution - in any case, the Consumer shall not incur any fees in connection with this refund.

 

Files to download 📥