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Complaint
COMPLAINTS POLICY
WARRANTY FOR PHYSICAL DEFECTS
- COMPLAINTS FOR THE MERCHANDISE BOUGHT IN THE ONLINE STORE AN IN STATIONARY STORES
Due to the fact that the Seller is responsible to the Customer, if the merchandise has a physical or legal defect, to help our Customers with reliable consideration of their complaint notifications, we provide You with following information.
1. The terms used herein shall have the following meaning:
· Seller - ETOS S.A., with a registered seat in Gdańsk (80-298), ul. Bysewska 23, entered into the Registry of Entrepreneurs of the National Court Register at the District Court in Gdańsk, 7th Economic Division of the National Court Register, under the numbers: KRS 0000178415, NIP: 584 030 32 02, REGON 192975787, with a fully paid-up share capital of 55,055,102 PLN.
· Customer – a natural person who is a Consumer, who concluded a Contract of Sale with the Seller in the Online or Stationary Store.
· Consumer - a natural person who is a Consumer in accordance with art. 221 of the act of 23 april 1964 of the Civil Code, - performing a legal action with the entrepreneur which is not directly related to its business or professional activity.
· Online Store – an online service available at https://store.dakar.com which allows the Customer to place orders via distance selling of the merchandise from the Seller’s offer in the Online Store, concluding in a conclusion of the Contract of Sale through the Online Store specifying the type and number of Goods being the subject of the Contract of Sale, and also to use other Store Services.
· Stationary Store – a Diverse store placed in the Republic of Poland by the Seller or the third party.
· Merchandise – a movable asset that constitutes the object of a Contract of Sale.
· Contract of Sale – a sales contract in the understanding of the Civil Code, concluded between the Seller and the Customer through the Online Store via remote means of communication, whose object is the Merchandise, or in the Stationary Diverse Store, whose object is the Merchandise
· Civil Code – act of 23 april 1964, Civil Code.
2. The Seller is obliged to provide the Merchandise that is free from defects and is responsible for those defects
3. A physical defect consists in the non-compliance of the sold Merchandise with the Contract of Sale.
4. A complaint can be placed in any Stationary Diverse Store, whose list is available at http://www.diversesystem.com/znajdz-sklep.html or sent directly to: ETOS S.A, ul. Bysewska 23, 80-298 Gdańsk, with a note: in case of purchasing the Merchandise in the Online Store „Complaint diversesystem.com” or in case of purchasing the Merchandise in the Stationary Store „Complaint stationary store”.
5. Complaints can be placed in any form, however we suggest using our form available at https://store.dakar.com/en/for-you/complaint, but it is not the necessary condition. The complaint must have a description of the defect and a specification of the demand resulting from the warranty. We suggest attaching the proof of purchase in order to improve the complaint process. The basis for accepting the complaint is any proof of purchase of the Merchandise, primarily a receipt or invoice.
6. In the event of the Customer finding non-compliance of the Merchandise with the Contract of Sale (physical defect), Consumer should deliver the Merchandise to the Stationary Diverse Store or send it to the Seller to the address of their headquarters along with the complaint form.
7. If the purchased Merchandise has a defect, the Customer may demand:
· exchanging the Merchandise for the defect-free one, or
· removing the defect, or
· submit a declaration of price reduction or withdrawal from the Contract of Sale, unless the Seller immediately and without undue inconvenience for the Customer exchanges the Merchandise for the defect-free one or removes the defect. This limitation does not apply if the Merchandise has already been exchanged or repaired by the Seller, or the Seller has not fulfilled the obligation to replace the item with a defect-free item or removed the defect, as mentioned above.
The Customer may not withdraw from the Contract of Sale, if the defect is irrelevant.
8. All costs of exchanging or repairing the defected Merchandise are borne by the Seller. Cost of delivering the defected Merchandise to the Seller are to be returned to the Customer with the same payment method, which was used in the original transaction, unless agreed otherwise.
9. The Seller is liable under the warranty, if the physical defect is recognised no later than two years from the date of the delivery of the Merchandise.
10. The Seller is obliged to examine every complaint form in 14 days time.
11. Exchanging the defected product or removing the defect will happen within a reasonable time, about which the Customer will be informed, without undue inconvenience to the Customer.
12. Detailed provisions for placing orders through distance selling of the Merchandise from the Seller’s offer in the Online Store, directly aimed at concluding a Distance Sale Agreement through the Online Store and regarding the implementation of the Contract of Sale concluded in this way can be found in the Online Store Terms & Conditions at https://store.dakar.com/en/shop/legal .
13. By making a complaint and indicating their personal data the Customer agrees to the processing of their personal data in order to recognize the complaint by the personal data administrator – the Seller – Etos S.A. with its registered office in Gdańsk (80-298) at ul. Bysewska 23. The Seller provides protection for the personal data of the Customers that make a complaint and declares that it obliges to process their personal data and any other personal data provided by customers, in accordance to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/WE (General Data Protection Regulation: hereinafter GDPR) and the Act of 10 may 2018 r. on the personal data protection. Information on the principles and scope of personal data processing can be found on the privacy policy page available at: https://diversesystem.com/en/shop/privacy-policy Personal data will be processed: with the consent of the person making a complaint (article 6, section 1 point a) of the GDPR) in order to recognize the complaint (article 6, section 1 point b) of the GDPR). Customer that makes a compliant has a right to access their personal data (article 15 of the GDPR), to revoke their consent to process their personal data (article 7 section 3 of the GDPR), to correct their data (article 16 of the GDPR), to delete their data (article 17 of the GDPR), to limit data processing (article 18 of the GDPR), to object to data processing (article 21 of the GDPR), the right not to be subject to decisions made in the conditions of automated data processing, including profiling (article 22 of the GDPR), the right to transfer their personal data (article 20 of the GDPR) and the right to lodge a complaint with a supervisory authority, which is the President of the Personal Data Protection Office.
Download the complaint form: