Returns and complaints
Information for consumers on the right to withdraw from a distance contract
Returns address:
FHU OMEX
Kolejowa Street 12
62-300 September
As a consumer, you have the right to withdraw from the contract concluded in the FHU Omex Online Store within 14 days, without giving any reason. The withdrawal period expires after 14 days from the date on which you acquired possession of the goods or on which a third party other than the carrier and indicated by you acquired possession of the goods. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an unequivocal statement (e.g., a letter sent by post or email). Please send your statement to the following address:
- In writing to the following address:
FHU OMEX, ul.Kolejowa 12, 62-300 Września,
- In electronic form via e-mail to the following address: kolaiwalki@gmail.com
A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available for download at the bottom of this page. You may use the withdrawal form, but it is not obligatory.
In order to meet the withdrawal deadline, it is sufficient for you to send information concerning the exercise of your right to withdraw from the contract before the withdrawal deadline expires.
If you withdraw from this contract, we will reimburse all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), immediately and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will make the reimbursement using the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or until you have provided us with proof that you have sent back the goods, whichever is the earlier.
If you have received the item, please return it or deliver it to us at the following address: Kolejowa 12, 62-300 Września, no later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you return the item before the 14-day period expires. You will bear the direct cost of returning the item. You are only responsible for any diminished value of the item resulting from handling it in a manner other than necessary to establish the nature, characteristics, and functioning of the item.
Product complaint
Dear Client,
We protect your rights, including the right to file a complaint. Below, you will find detailed information regarding our liability for defects in products we sell and your rights related to complaints under the statutory warranty .
Important! Remember that if a product is covered by a warranty , you can also file a complaint based on it – however, in this case, the addressee will be the guarantor indicated in the warranty. The warranty also defines the scope of your rights. Remember that exercising your warranty rights does not affect our liability under the warranty, and that the warranty does not exclude, limit, or suspend your rights under the warranty for defects in sold goods.
The basis and scope of our liability for product defects under warranty is defined by generally applicable legal provisions, in particular the provisions of the Civil Code.
We are obligated to deliver a product free of defects. We are liable under warranty if a physical defect in the product is discovered within two years of its delivery to the buyer. Important! We are liable under warranty for physical defects that existed at the time the risk passed to the buyer or resulted from a cause inherent in the item sold at the same time .
You can file a complaint, for example:
- in writing to the following address: ul. Kolejowa 12, 62-300 Września;
- in electronic form via e-mail to the following address: kolaiwalki@gmail.com ;
In the complaint description, please provide : (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the defect; (2) a request for a method of bringing the product into compliance with the sales contract or a declaration of a price reduction or withdrawal from the sales contract; and (3) your contact details – this will facilitate and expedite the processing of your complaint. Please note that the requirements specified in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description.
When submitting a complaint, you can use our sample complaint form , but this is not obligatory.
Basic rights of the buyer in connection with a product complaint
For sales contracts concluded from December 25, 2014.
In this case, the permissions are generally equivalent , which means that you can use both the first and the second group of permissions at once:
1) Group: price reduction/refund
If the product sold has a defect, you may submit a declaration of price reduction or withdrawal from the contract, unless we immediately and without undue inconvenience to you replace the defective Product with a defect-free one or remove the defect .
Important! This limitation does not apply if the product has already been replaced or repaired by us, or if we have failed to meet our obligation to replace the product with a defect-free one or to remedy the defect.
If the Customer is a consumer, they may, instead of the removal of the defect proposed by us in accordance with the provisions above, request the replacement of the product with a defect-free one or, instead of replacing the product, request the removal of the defect, unless bringing the product into conformity with the sales contract in the manner chosen by you is impossible or would require excessive costs compared to the method proposed by us.
Important! The customer cannot withdraw from the contract if the defect is insignificant .
2) Group: repair/replacement
If a sold product is defective, you may request a replacement for a defect-free product or removal of the defect. However, we may refuse to honor your request if bringing the defective product into conformity with the contract in the manner you selected is impossible or would require excessive costs compared to the other possible method of bringing the defective product into conformity with the contract.
Please note that a customer exercising warranty rights is obligated to deliver the defective product at our expense to the following address: Kolejowa 12, 62-300 Września. However, if the nature of the product or the manner of its installation would make delivery excessively difficult, the customer is obligated to make the product available to us at the location where it is located.
We will respond to your complaint promptly, no later than 14 calendar days from the date it was submitted. Important! Failure to respond within this timeframe to a request for repair, replacement, or price reduction means that we have deemed the complaint justified.
The consumer also has the option of using out-of-court dispute resolution methods.
Detailed information on the possibility for a Customer who is a consumer to use extrajudicial methods of settling complaints and pursuing claims as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide assistance to consumers in matters relating to the out-of-court resolution of consumer disputes.
The consumer has the following examples of possibilities of using out-of-court complaint and redress procedures: (1) an application for the settlement of a dispute to a permanent consumer arbitration court (more information on the website: http://www.spsk.wiih.org.pl/);; (2) an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business of the Seller); and (3) assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, among others, by e-mail at porad@dlakonsumentow.pl and by calling the consumer hotline at 801 440 220 (hotline open on Business Days, from 8:00 a.m. to 6:00 p.m., call charges according to the operator's tariff).
The ODR platform is an interactive and multilingual website offering a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes arising from online sales or service contracts (more information can be found on the platform's website or on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).).
Other complaints
In the same manner as above, you can also submit a complaint related to the provision of electronic services via our online store (e.g. account or order form) and other complaints related to the operation of our online store.
In the complaint description, please provide (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) your request; and (3) contact details – this will facilitate and expedite the complaint processing. Please note that the requirements specified in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description.
Products should be properly secured for transport and delivered to our address:
Kolejowa Street 12
62-300 September