Returns and complaints
6. PROCEDURE FOR HANDLING COMPLAINTS
6.1. This section 6 of the Terms and Conditions sets out the complaint-handling procedure common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Contracts, Electronic Services and other complaints related to the Seller’s or the Online Store’s operations.
6.2. A complaint should be submitted electronically via the complaint form.
The complaint must include:
- first and last name;
- company details (name, address, VAT number);
- e-mail, telephone number;
- order/invoice number;
- date of receipt of the order;
- product code and quantity of the complained item;
- an exact description of the defect with photographic documentation.
6.3. Sending or returning the Product as part of the complaint may be made to the address agreed by the Customer and the Seller after the complaint is submitted, and in the absence of other arrangements, to: Aleja Krakowska 1A, 05-552 Wola Mrokowska.
6.3.1. The cost of shipping the complained item, after agreeing on its necessity with the Seller, is borne by the Buyer. After a positive resolution of the complaint, this cost will be refunded to the Buyer.
6.4. It is recommended to include in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity or non-compliance with the contract; (2) the requested remedy to achieve conformity with the contract or a statement on a price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant — this will facilitate and accelerate complaint handling. The requirements in the previous sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended description.
6.4.1. An invoice confirming the purchase of the complained product should be attached to the complaint.
6.5. If the complainant changes the provided contact details during the complaint procedure, they are obliged to inform the Seller.
6.6. Evidence related to the complaint (e.g., photos, documents or the Product) may be attached by the complainant. The Seller may also request the complainant to provide additional information or send evidence (e.g., photos) if this will facilitate and speed up complaint handling.
6.7. The Seller shall respond to the complaint without undue delay, and no later than within 14 calendar days from the date of its receipt.
6.8. The basis and scope of the Seller’s statutory liability are determined by generally applicable law, in particular the Civil Code, the Consumer Rights Act and the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended). Additional information on the Seller’s liability for conformity of the Product with the Sales Contract provided by law is set out below:
6.8.1. For complaints regarding a Product — a movable item — purchased by the Customer under a Sales Contract concluded with the Seller up to 31 December 2022, the provisions of the Civil Code in force until 31 December 2022 apply, in particular Articles 556–576 of the Civil Code. Those provisions specify the basis and scope of the Seller’s liability to the Customer if the sold Product has a physical or legal defect (warranty). Pursuant to Article 558 §1 of the Civil Code, the Seller’s liability under warranty for a Product purchased as described above vis‑à‑vis a Customer who is not a consumer is excluded.
6.8.2. For complaints regarding a Product — a movable item (including a movable item with digital elements), excluding a movable item that serves solely as a carrier of digital content — purchased by the Customer under a Sales Contract concluded with the Seller from 1 January 2023, the provisions of the Consumer Rights Act in force from 1 January 2023 apply, in particular Articles 43a–43g of that Act. Those provisions specify the basis and scope of the Seller’s liability to a consumer in case of lack of conformity of the Product with the Sales Contract.
6.9. In addition to statutory liability, a warranty may be provided for the Product — this is contractual (additional) liability and may be used when the Product is covered by a warranty. A warranty may be granted by an entity other than the Seller (e.g., manufacturer or distributor). Detailed warranty terms, including the entity responsible for warranty fulfillment and the entity entitled to use it, are available in the warranty description, e.g., in the warranty card or other warranty documentation.
6.10. Deviations in quality, color, size, finish, etc., that are acceptable in trade and/or technically unavoidable do not constitute a justified reason to file a complaint.
7. RIGHT OF WITHDRAWAL FROM THE CONTRACT
7.1. The provisions contained in sections 7 and 11 of the Terms and Conditions apply exclusively to a Service Recipient or Customer who is a natural person concluding a contract directly related to their business activity when the content of that contract shows that it does not have a professional character for that person, in particular arising from the scope of their business activity as made available under the provisions on the Central Register and Information on Business Activity (an Entrepreneur with Consumer Rights). The provisions contained in sections 7 and 12 of the Terms and Conditions do not apply to: (1) a natural person who is an entrepreneur for whom the use of the Online Store, including concluding contracts, is directly related to their business activity and has a professional character for that person; (2) a legal person; and (3) an organizational unit without legal personality to which a statute grants legal capacity.
7.2. An Entrepreneur with Consumer Rights who concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without bearing costs, except for the costs specified in clause 7.10 of the Terms and Conditions. To meet the deadline it is sufficient to send the statement before its expiry. A statement of withdrawal from the contract may be submitted, for example:
7.2.1. in electronic form by e-mail to: shop@partypal.pl;
7.3. Return of the Product as part of withdrawal from the contract may be made to the address agreed by the Customer and the Seller after the statement of withdrawal has been submitted, and in the absence of other arrangements, to: Aleja Krakowska 1A, 05-552 Wola Mrokowska.
7.4. A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in clause 10 of the Terms and Conditions. An Entrepreneur with Consumer Rights may use the sample form, but it is not obligatory.
7.5. The withdrawal period begins:
7.5.1. for a contract under which the Seller hands over a Product and is obliged to transfer its ownership (e.g., a Sales Contract) — upon taking possession of the Product by the Customer or a third party indicated by them other than the carrier, and in the case of a contract that: (1) covers multiple Products delivered separately, in batches or in parts — upon taking possession of the last Product, batch or part; or (2) concerns regular delivery of Products for a specified period — upon taking possession of the first of the Products;
7.5.2. for other contracts — from the date of conclusion of the contract.
7.6. In the event of withdrawal from a distance contract, the contract is considered not concluded.
7.7. The Seller is obliged to refund to the Entrepreneur with Consumer Rights all payments received from them without undue delay, and no later than within 14 calendar days from the day on which the Seller received the Entrepreneur’s statement of withdrawal from the contract, except for additional costs resulting from the delivery method chosen by the Entrepreneur with Consumer Rights. The Seller shall make the refund using the same payment method the Entrepreneur with Consumer Rights used, unless the Entrepreneur with Consumer Rights has expressly agreed to a different method of refund that does not incur any costs for them. If the Seller did not offer to collect the Product from the Entrepreneur with Consumer Rights, the Seller may withhold the refund of payments received from the Entrepreneur with Consumer Rights until it has received the Product back or the Entrepreneur with Consumer Rights has provided proof of dispatch of the Product, whichever occurs earlier.
7.8. The Entrepreneur with Consumer Rights must send back the Product to the Seller or hand it over to a person authorized by the Seller to collect it without undue delay and no later than within 14 calendar days from the day on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline it is sufficient to send the Product before its expiry.
7.9. The Entrepreneur with Consumer Rights is liable for any diminished value of the Product resulting from handling it in a way that goes beyond what is necessary to establish the nature, characteristics and function of the Product.
7.10. Possible costs associated with withdrawal by the Entrepreneur with Consumer Rights that the Entrepreneur with Consumer Rights is obliged to bear:
7.10.1. The Entrepreneur with Consumer Rights is obliged to bear additional costs related to the return transport.
7.10.2. The Entrepreneur with Consumer Rights bears the direct costs of returning the Product.
7.10.3. In the case of a Product that is a service whose performance — at the express request of the Entrepreneur with Consumer Rights — began before the withdrawal period expired, the Entrepreneur with Consumer Rights who exercises the right of withdrawal after making such a request is obliged to pay for the services provided up to the time of withdrawal. The payment amount is calculated proportionally to the extent of the provided performance, taking into account the agreed contract price or remuneration.
7.11. The right of withdrawal from a distance contract does not apply to the Entrepreneur with Consumer Rights with respect to contracts:
7.11.1. (1) for the provision of services for which the Entrepreneur with Consumer Rights is obliged to pay where the Seller has fully performed the service with the Entrepreneur’s explicit prior consent and the Entrepreneur was informed before the performance began that they would lose the right of withdrawal once the Seller had fulfilled the service and accepted this; (2) 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 withdrawal period expires; (3) where the subject of the performance is a non-prefabricated Product made according to the specifications of the Entrepreneur with Consumer Rights or serving to satisfy their individualized needs; (4) where the subject of the performance is a Product supplied in a sealed package which cannot be returned for health protection or hygiene reasons once unsealed after delivery; (5) where the subject of the performance are Products which, after delivery, owing to their nature, become inseparably mixed with other items; (6) purchase of products with a print indicating a specific year, day or calendar month.
8. PROVISIONS CONCERNING ENTREPRENEURS
8.1. This section 8 of the Terms and Conditions and all provisions contained therein are addressed to and therefore bind only a Customer or Service Recipient who is not an Entrepreneur with Consumer Rights.
8.2. The Seller has the right to withdraw from the Sales Contract within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Contract in this case may take place without giving any reason and does not give rise to any claims by the Customer against the Seller.
8.3. The Seller has the right to limit available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Contract.
8.4. The Service Provider may terminate the contract for the provision of an Electronic Service with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.
8.5. Pursuant to Article 558 §1 of the Civil Code, the Seller’s liability under warranty for the Product towards the Customer is excluded.
8.6. The Service Provider’s/Seller’s liability to the Service Recipient/Customer, regardless of its legal basis, is limited — both for a single claim and for all claims in total — to the amount of the price paid and delivery costs under the Sales Contract, but not more than one thousand zlotys. The monetary limitation referred to above applies to all claims brought by the Service Recipient/Customer against the Service Provider/Seller, including claims arising from the lack of conclusion of the Sales Contract or not related to the Sales Contract. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damages foreseeable at the time of contract conclusion and is not liable for lost profits. The Seller is also not liable for delays in shipment transport.
8.7. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the Seller’s/Service Provider’s registered office.