How to submit a complaint
All complaints regarding products or the online shop may be submitted:
- in writing to the following address: Martom sp. z o.o., with its registered office in Zielona Góra (65-001), Osadnicza 35, Poland
- electronically by e-mail to the following address: [email protected]
- The return of a product as part of a complaint may be made to the following address: Martom sp. z o.o., with its registered office in Zielona Góra (65-001), Osadnicza 35, Poland.
The return shipment is made at our expense, and the product is sent by courier on the basis of the waybill provided by us.
What to include in the complaint
It is recommended that the complaint include the following information:
- Information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularities or non-conformity with the contract;
- A request regarding the method of restoring conformity with the contract, or a statement on price reduction or withdrawal from the contract, or another claim; and
- The contact details of the person submitting the complaint – this will facilitate and speed up the complaint handling process.
The above requirements are only recommendations and do not affect the validity of complaints submitted without the recommended description. If the contact details of the person submitting the complaint change during the complaint handling process, that person is obliged to inform the Seller thereof.
Evidence related to the subject of the complaint may be attached to the complaint, e.g. photos, documents or the product.
We may also ask the person submitting the complaint to provide additional information or send evidence, e.g. photos, if this facilitates and speeds up the handling of the complaint by us.
When you will receive a response to your complaint
The Seller will respond to the complaint without undue delay, but no later than within 14 calendar days of receiving it.
Where to find legal provisions regarding complaints
The basis and scope of liability for the conformity of the product with the contract are set out by generally applicable legal provisions, 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).
We distinguish two types of liability for the conformity of the product with the contract:
- Statutory liability of the Seller – this is liability arising from legal provisions; detailed information on this is provided below. This liability cannot be excluded in relation to consumers;
- Contractual liability (e.g. warranty granted by the guarantor) – this is additional liability that applies when a product is covered, for example, by a warranty. The warranty may be granted by an entity other than the Seller (e.g. by the manufacturer). Detailed provisions regarding liability under the warranty can be found in the warranty document or in another place concerning the granting of the warranty;
Below you will find detailed provisions regarding the Seller’s liability based on legal provisions – depending on the type of product (movable goods, content or digital services) and depending on the date of conclusion of the contract (up to 2022 or from 2023) here:
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Provisions regarding complaints about a product – movable goods – purchased by the Customer under a sales contract with the Seller by 31 December 2022 – are governed by the provisions of the Civil Code in the wording in force until 31 December 2022, in particular Articles 556-576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller’s liability towards the Customer if the sold product has a physical or legal defect (statutory warranty). The Seller is obliged to provide the Customer with a defect-free product. |
Provisions regarding complaints about a product – movable goods (including movable goods with digital elements), excluding movable goods that serve exclusively as a carrier of digital content – purchased by the Customer under a sales contract with the Seller from 1 January 2023 – are governed by the provisions of the Consumer Rights Act in the wording in force from 1 January 2023, in particular Articles 43a - 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller’s liability towards the Consumer in the event of a lack of conformity of the product with the sales contract. |
Provisions regarding complaints about a product – digital content or services or movable goods that serve exclusively as a carrier of digital content – purchased by the Customer under a sales contract with the Seller from 1 January 2023 or before that date if the delivery of this product was to take place or has already taken place after that date – are governed by the provisions of the Consumer Rights Act in the wording in force from 1 January 2023, in particular Articles 43h – 43q of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller’s liability towards the Consumer in the event of a lack of conformity of the product with the sales contract. |
