Complaints-and-returns

Law and deadlines for withdrawal from the sales contract

Statutory right and deadline for withdrawal from the sales contract

The statutory deadline for withdrawal from the sales contract

Consumers and entrepreneurs acting on consumer rights (hereinafter referred to as the Buyer) have the right to withdraw from the sales contract without providing a reason within fourteen (14) days from the day the shipment was delivered to them. The deadline for withdrawal from the Contract expires after 14 days from the day the Buyer took possession of the Product or the day a third party other than the carrier and indicated by the Buyer took possession of it. If the 14-day period expires on a Saturday, Sunday, public holiday, or day off work, it is extended to the first following working day.
Rules for exercising the contractual right to withdraw from the sales contract

The rules for exercising the contractual right to withdraw from the sales contract are described in Article §1.2 of these complaint and return regulations.
Products for which the statutory right of withdrawal from the contract cannot be exercised

The right of withdrawal cannot be exercised in relation to purchased products that have been unpacked after delivery and cannot be returned due to the need to ensure hygiene and health protection. The Buyer is informed about the inability to withdraw from the purchase agreement for products that have been unpacked and whose reintroduction into circulation by Mokotoska Sp. z o.o. would pose a risk concerning hygiene and health protection of consumers (e.g., sterile products, skin care products).
Buyer's liability

The Buyer is responsible for any reduction in the value of the Product that results from using it in a manner that exceeds what is necessary to establish the character, features, and functioning of the Product, including damage resulting from improperly packaging the Product subject to return.
Consequences of exercising the statutory right to withdraw from the sales contract

A Buyer who withdraws from the sales contract under the terms specified in this article may receive a refund of the price of the returned Products, as well as reimbursement of the delivery costs of these products from the Store to the Buyer - provided that the Buyer chooses the cheapest delivery option.
Costs

The costs of returning the shipment to Mokotoska Sp. z o.o. are borne by the Buyer, except in cases where the delivered products were inconsistent with the Order (in such a case, the return shipping costs are covered by Mokotoska Sp. z o.o.).

Rules for exercising the statutory right of withdrawal from the contract

How to inform the Seller and return the product

• To exercise the right of withdrawal from the Contract, the Buyer must inform the Seller of their decision to withdraw from the Contract through a clear statement sent by mail to Mokotoska Sp. z o.o., ul. Mokotowska 58, 00-534 Warsaw, or via email to the Seller at: info@pomakeupshop.com.

• The Buyer may use the withdrawal form (available for download at the bottom of this page in the Complaints and Returns tab), but it is not mandatory.

• The Buyer is obliged to return the product by post or courier to: Mokotoska Sp. z o.o., ul. Mokotowska 58, 00-534 Warsaw
General provisions applicable to all methods of return (return to the store and return by letter/package)

•Returned products should be in a condition allowing their reintroduction into circulation or further sale (products in perfect condition, in original packaging, with accessories, instructions, etc.).
• The Buyer is also obliged to return samples and freebies received with the delivery of the Product, if any were received.
• The returned products should be sent no later than 14 days from the date on which the Buyer informed the Seller of the withdrawal from the contract. Returns of products sent after the above-mentioned deadline will not be accepted or received.
• The package containing the returned product should include the order number indicated either on the return form along with the product or on any other document.
• When returning products, it is recommended to use the return form available on the website.
• The Buyer is responsible for a decrease in the value of the returned product if the decrease occurred as a result of the Buyer or third parties interfering with the product in a manner exceeding the purpose of basic verification of the identity, features, and functionality of the product.
Return to the stationary store

• Returns to the store can also be carried out at the stationary store located at ul. Mokotowska 58, 00-534 Warsaw, during its opening hours.
Return by package or registered letter

In addition to the conditions specified in Article §1.3.a. of these General Sales Conditions, the Buyer or the recipient of the Order who wishes to exercise the statutory or contractual right to withdraw from the sales contract by returning the product by letter/package should follow the instructions below:
• Return the given product(s), packed in a way that prevents damage.
• Send the package or letter by registered mail with confirmation of receipt to the following address:

Mokotoska Sp. z o.o.
Mokotowska 58
00-534 Warsaw
Poland

Mokotoska Sp. z o.o. (Eng.: Mokotoska LLC) does not accept packages or letters sent with payment on delivery.

If the Buyer / recipient of the Order does not prove that they actually handed the product over to the carrier or returned it to the store, all risks associated with the return of the product rest with the Buyer or the recipient of the Order.

Compliance of consumer goods with the contract

Criteria for the compliance of consumer goods with the contract

All products offered on the Site can be returned if it turns out that at the time of delivery, they are inconsistent with the sales agreement (Articles 1-10 of the Act of July 27, 2002, on special conditions of consumer sales and amending the Polish Civil Code).
The Seller is liable to the Buyer if the sold Product has a defect (warranty). The defect consists of the sold product being inconsistent with the contract. In particular, the sold Product is inconsistent with the contract if:
• It does not have the properties that a product of this type should have due to the purpose indicated in the contract or resulting from the circumstances or destination;
• It does not have properties that the seller assured the buyer of, including presenting a sample or pattern;
• It is not suitable for the purpose for which the buyer informed the seller at the conclusion of the contract, and the seller did not raise any objections regarding such purpose;
• It was issued to the Buyer in an incomplete state.
The Seller is not liable for defects in the Product that have arisen due to non-compliant usage.

Scope and nature of the Seller's liability.

In relation to Consumers, the Seller is liable for defects in the Products based on principles arising from the Civil Code. If the Product is covered by the manufacturer's or distributor's warranty, the detailed terms and duration of the warranty are provided in each case in the description of the Product offered in the Store. The Seller additionally provides assistance in the complaint procedure. The Seller does not provide after-sales services, servicing, and does not grant additional warranties for sold items. The Seller is obliged to deliver to the Consumer items free from defects.
The Seller is not liable for the non-compliance of consumer goods with the contract when the Buyer knew or, based on reasonable assessment, should have known about this non-compliance at the time of concluding the contract. The same applies to non-compliance arising from a cause stemming from materials supplied by the Buyer.
In relation to Entrepreneurs, the Seller is liable for defects in the Products in such a way that the Entrepreneur may demand replacement of the Product or request a reduction in the Price. The reduced Price should remain in proportion to the Price resulting from the Contract, in which the value of the defective Product remains to the value of the product without defect. The choice of the method of satisfying claims based on the warranty lies with the Seller, and the burden of proof that the sold item is non-compliant with the contract (has defects) rests with the Client (Entrepreneur).

The Entrepreneur loses rights under warranty if they do not examine the Product in a timely manner and in a manner accepted for products of that kind and do not promptly notify the Seller of the defect, and if the defect becomes apparent later - if they do not promptly notify the Seller after discovering it.

How and when to submit complaints

Claims for complaints should be reported by Clients to the Seller immediately after their detection via mail or by email to: info@pomakeupshop.com, along with proof of purchase and a description of the complaint. Clients should use the product complaint protocol available at the bottom of the page in the Complaints and Returns tab or the template that is an attachment No. 1 to the Store Regulations, but this is not mandatory. The Seller may request the completion of complaint data. A report made without using the form is effective if it contains the necessary data to establish its validity. The Seller will respond within 30 (thirty) days of receiving the complaint and inform the Client of the further course of action. In the case of reporting non-compliance of the goods with the contract by the Consumer - the Seller will respond to the complaint within a period not exceeding 14 (fourteen) days from the moment of its receipt.
Claims of the Buyer regarding the non-compliance of consumer goods with the contract

• If the consumer goods are non-compliant with the contract, the Buyer may demand bringing them into compliance with the contract (I) by free repair or (II) replacement with a new one, unless repair or replacement is impossible or requires excessive costs.

• If the Buyer, due to the reasons specified in point (II) above, cannot demand repair or replacement, or if the Seller fails to comply with such a request promptly, or if repair or replacement would cause the Buyer significant inconvenience, they have the right to demand (III) a suitable reduction in the price or (IV) to withdraw from the contract; provided that they may not withdraw from the contract if the non-compliance of the consumer goods with the contract is insignificant.

• If the complained Product is covered by the manufacturer's warranty, the Buyer should choose the type of warranty claim being submitted (warranty or warranty) by indicating the appropriate option in the product complaint protocol.

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