Complaints and Returns

§ 1 RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. The Consumer has the right to withdraw from the contract within 14 days without giving any reason. WARNING! Provided the product has not been used in any way, installed in a car, or programmed.  
  2. The withdrawal period expires 14 days after the day on which the Consumer acquired possession of the item or a third party other than the carrier and indicated by the Consumer acquired possession of the item.
  3. To exercise the right of withdrawal from the contract, the Consumer must inform the Entrepreneur of their decision to withdraw from the contract by means of a clear statement – using the Entrepreneur's contact details provided in these terms and conditions.
  4. The Consumer may use the model withdrawal form attached at the end of these terms and conditions, but it is not obligatory.
  5. To meet the deadline for withdrawal from the contract, it is sufficient for the Consumer to send the information concerning the exercise of the right of withdrawal before the withdrawal period expires.
  6. Effects of withdrawal from the contract:
    1. In the event of withdrawal from the contract, the Entrepreneur will refund the Consumer all payments received from the Consumer, including the costs of delivering the item (except for additional costs resulting from the Consumer choosing a delivery method other than the cheapest standard delivery method offered by the Entrepreneur in the Store), immediately, and in any case no later than 14 days from the day the Entrepreneur was informed of the Consumer's decision to exercise the right of withdrawal from the contract;
    2. The Entrepreneur will refund the payment using the same payment methods used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution; in any case, the Consumer will not incur any fees related to this refund;
    3. The Entrepreneur may withhold the refund until the goods are received or until proof of their return is provided, whichever occurs first;
    4. The privileged buyer should send the goods back to the Entrepreneur's address provided in these terms and conditions immediately, and in any case no later than 14 days from the day on which they informed the Entrepreneur of the withdrawal from the contract. The deadline will be met if the Consumer sends the goods back before the 14-day period expires;
    5. The privileged buyer bears the direct costs of returning the item;
    6. The privileged buyer is only responsible for the reduction in the value of the item resulting from using it in a way other than what was necessary to establish the nature, features, and functioning of the item.
  7. In cases where, due to their nature, items cannot be returned by mail in the usual way, information about this, as well as about the costs of returning the item, will be found in the item description in the Store.
  8. Products marked with the "sale" tag in the online store are not covered by warranty for Customers conducting business activities.
  9. Despite all efforts, we do not guarantee that the materials published on magdatom-car.eu are free from errors or discrepancies. However, these shortcomings cannot be the basis for any claims. In case of doubt, please contact the company.
  10. Product photos on the magdatom-car.eu website are for illustrative purposes only and may slightly differ from the actual appearance of the goods. Some appearance features, such as color and proportions, may depend on the individual settings of the ordering party's computer equipment and are not grounds for a complaint.

§ 2 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

 

  1. The consumer has the option to use, among others:
    1. where the subject of the performance is non-prefabricated goods made according to the Consumer's specifications or intended to meet their individual needs;
    2. where the subject of the performance is goods liable to rapid deterioration or having a short shelf life;
    3. where the subject of the performance is goods supplied in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;
    4. where the subject of the performance is goods which, after delivery, due to their nature, become inseparably combined with other goods;
    5. where the subject of the performance is audio or visual recordings or computer programs supplied in sealed packaging, if the packaging was opened after delivery;
    6. for the supply of newspapers, periodicals, or magazines, except for subscription contracts;
    7. where the price or remuneration depends on fluctuations in the financial market beyond the entrepreneur's control and which may occur before the withdrawal period expires;
    8. for the supply of digital content that is not recorded on a tangible medium, if the performance began with the explicit consent of the Consumer before the withdrawal period expired and after the entrepreneur informed them about the loss of the right to withdraw from the contract.
    9.  

 

§ 3 COMPLAINT and WARRANTY

  1. The Entrepreneur is obliged to deliver goods free from defects.
  2. In the event of a defect in goods purchased from the Entrepreneur, the privileged Buyer has the right to make a complaint based on the warranty regulated by the provisions of the Civil Code.
  3. A complaint based on warranty must be reported within the following period: 1 year – the period counted from the moment the defect is noticed, during which the buyer must report the complaint to the seller under the warranty and specify their demands, or 2 years – the duration of the seller's liability under the warranty, counted from the day the goods were delivered.
  4. Complaints should be submitted in writing or electronically to the addresses of the Entrepreneur provided in these terms and conditions.
  5. It is recommended that the complaint include, among other things, a brief description of the defect, the date it occurred, the Consumer's details submitting the complaint, and the privileged Buyer's claim related to the product defect.
  6. The Entrepreneur will respond to the privileged Buyer's complaint within 14 days, and if they do not do so within this period, it is assumed that the privileged Buyer's claim has been accepted as justified.
  7. Goods returned as part of the complaint procedure should be sent to the address given in § 3 of the Terms and Conditions.
  8. If a warranty is provided for the product, information about it, as well as its content, will be included in the product description in the Store.

 

 

§ 4 OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS

  1. The consumer has the option to use, among others:
    1. mediation conducted by the Provincial Inspectorates of Trade Inspection.
    2. assistance from permanent consumer arbitration courts operating at the Provincial Inspectorates of Trade Inspection

§ 5 PERSONAL DATA

  1. By making purchases in the Store, the user voluntarily provides their data, which is necessary to fulfill the order and will be processed by the Entrepreneur for this purpose.
  2. The user has the right to access their personal data and request its correction.
  3. The data controller is the Entrepreneur.

§ 6 FINAL PROVISIONS

  1. In matters not regulated by these terms and conditions, generally applicable Polish law provisions shall apply, in particular: the Consumer Rights Act of May 30, 2014, the Civil Code of April 23, 1964, and the Code of Civil Procedure of November 17, 1964.
  2. The sales contract concluded based on these terms and conditions relates to a specific order and is concluded for the purpose of fulfilling a one-time order. Each order requires separate acceptance of the terms and conditions.

WITHDRAWAL FORM TEMPLATE

(this form should be completed and sent only if you wish to withdraw from the contract)

- Entrepreneur's details: LUXURY ORIGINAL PARTS OÜ, located at: Lasnamäe district, Lõõtsa St. 5, 11415 Tallinn, registered in the Central Register and Information on Economic Activity maintained by the Minister of Economy, VAT number: EE102442100, email: sklep@magdatom-car.eu, phone: +48692267938
- I/We * hereby inform/inform * about my/our withdrawal from the sales contract for the following items *
- Date of receipt
- Consumer's full name(s)
- Consumer's address(es)
- Consumer's signature(s) (only if the form is submitted in paper form)
- Data