The Website available at www.easyklima.com is operated by Perfect Sale Sp. z o.o.; Solec 18/B21, 00-410 Warsaw, Poland ; NIP: 7011112775 ; VAT: PL7011112775 ; Share capital PLN 5000,00;

1. PRODUCT COMPLAINT

1.1. The basis and scope of the Seller’s liability towards the Customer, if the sold Product is physically or legally defective (warranty), is defined by universally binding legal regulations, in particular the Civil Code (including art. 556-576 of the Civil Code).

1.2. The Seller is obliged to deliver to the Customer the Product free from defects.

1.3. A complaint can be made by the Customer, for example:

• in writing to the address: Company: Perfect Sale Sp. z o.o.; Solec 18/B21, 00-410 Warsaw, Poland.
• in electronic form via e-mail to: [email protected].

1.4. The Customer is advised to state the following in the description of the complaint: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of the defect; (2) demand to bring the Product into conformity with the Sales agreement in a specific manner, demand for price reduction or declaration of withdrawal from the Sales agreement; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller. The requirements given in the preceding sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

1.5. The Seller shall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If a Customer who is a consumer, exercising the rights under the warranty, requests the replacement of the item or removal of the defect or demands price reduction, specifying the amount by which the price is to be reduced, and the Seller fails to respond to this demand within 14 calendar days, it is considered that the demand is found justified.

1.6. The Customer who exercises the warranty rights is obliged to deliver the defective product to the address: Company: Perfect Sale Sp. z o.o.; Solec 18/B21, 00-410 Warsaw, Poland. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller. If, due to the nature of the Product or the manner of its assembly, the delivery of the Product by the Customer who is a consumer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

1.7. Pursuant to art. 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product towards the Customer who is not a consumer is excluded.

2. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, RULES OF ACCESS TO THESE PROCEDURES

2.1. Detailed information about the possibility to use out-of-court complaint and claim procedures by a Customer who is a consumer, as well as rules of access to those procedures are available on the website of the Office of Competition and Consumer Protection at https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

2.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone no.: 22 55 60 333, e-mail: [email protected] or postal address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide consumers with assistance in matters concerning out-of-court settlement of consumer disputes.

2.3. The consumer, for example, has the following out-of-court complaint and redress procedures: (1) a request for dispute resolution to a permanent amicable consumer court (more information at: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to a provincial inspector of the Trade Inspection (more information at the website of the inspector competent for the Seller’s place of business); and (3) assistance from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Polish Consumer Federation, Association of Polish Consumers). Advice is provided, among other things, via e-mail at [email protected] and via the consumer helpline number 801 440 220 (open on Business days, 8:00 AM – 6:00 PM, charged according to your tariff).

2.4. At http://ec.europa.eu/consumers/odr a platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website offering comprehensive services for consumers and businesses seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales agreement or service agreement (more information available at the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

3. RIGHT OF WITHDRAWAL

3.1. A consumer who has concluded an agreement by electronic means may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, except for the costs referred to in point 8.8 of the Terms and Conditions. Sending the declaration before the deadline is sufficient to meet the deadline. A declaration of withdrawal may be made, for example:

• in writing to the address: Company: Perfect Sale Sp. z o.o.; Solec 18/B21, 00-410 Warsaw, Poland.
• in electronic form via e-mail to: [email protected].

3.2. Template withdrawal form is included in Annex 2 to the Consumer rights act and is additionally available in point 3.11 of the Returns & Complaints. The consumer may use the template form, but this is not obligatory.

3.3. The period for withdrawal begins:

• in the case of agreement under which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales agreement) – from the moment the consumer or a third party indicated by it other than the carrier takes possession of the Product, and in the case of an agreement which: (1) consists in multiple Products delivered separately, in instalments or in parts – from taking possession of the last Product, instalment or part or (2) which consists in the continuous delivery of Products for a fixed period – from taking possession of the first Product;
• in the case of other agreements – from the date of conclusion of the agreement.

3.4. In the case of withdrawal from an agreement concluded by electronic means, the agreement shall be deemed not to have been concluded.

3.5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s declaration of withdrawal from the agreement, refund all payments made by the consumer, including the costs of delivery of the Product (with the exception of additional costs resulting from the method of delivery chosen by the consumer other than the cheapest ordinary method of delivery available on the Website). The Seller shall refund the payment using the same means of payment as those used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not involve any costs to the consumer. If the Seller has not offered to collect the Product from the consumer itself, it may withhold the reimbursement of the payment received from the consumer until it has received the Product back or the consumer has supplied evidence of having sent the Product back, whichever occurs first.

3.6. The consumer is obliged to immediately, no later than within 14 calendar days from the date of withdrawal, return the Product to the Seller or hand it over to a person authorised by the Seller to collect it, unless the Seller offered to collect the Product itself. Sending the Product back before the deadline is sufficient to meet the deadline. The consumer may return the Product to the address: Company: Perfect Sale Sp. z o.o.; Solec 18/B21, 00-410 Warsaw, Poland.

3.7. The consumer shall be liable for any diminished value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.

3.8. Possible costs associated with the withdrawal from the agreement to be borne by the consumer:

• If the consumer has chosen a method of delivery of the Product other than the cheapest normal method available on the Website, the Seller shall not be obliged to reimburse the consumer for any additional costs incurred.
• The consumer shall bear the direct costs of returning the Product.
• In the case of a Product which is a service, the performance of which – at the express request of the consumer – has begun before the end of the withdrawal period, the consumer who exercises its right of withdrawal after having made such a request shall be liable to pay for any performance made until the withdrawal from the agreement. The amount of the payment shall be calculated in proportion to the extent of the performance, taking into account the contractually agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating that amount shall be the market value of the consideration given.

3.9. The consumer shall not have the right to withdraw from an agreement concluded by electronic means with regard to agreements:

• 1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, it will lose the right to withdraw from the agreement; (2) where the price or remuneration depends on fluctuations in the financial market over which the Seller does not exercise control, and which may occur before the expiry of the deadline for withdrawal from the agreement; (3) where the subject of the performance is a non-prefabricated product, manufactured according to the consumer’s specification or serving to satisfy the consumer’s individual needs; (4) where the subject of the performance is a product that deteriorates rapidly or has a short shelf life; (5) where the subject of the performance is a Product delivered in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery; (6) where the subject of the performance are Products which, after delivery, due to their nature, are inseparably connected with other things (7) where the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales agreement, and the delivery of which may only take place after 30 days and the value of which depends on market fluctuations, over which the Seller exercises no control; (8) where the consumer has explicitly requested that the Seller appears at the consumer’s site to carry out urgent repair or maintenance; if the Seller additionally provides other services than those requested by the consumer or supplies Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the agreement with regard to additional services or Products (9) where the subject of the performance is a sound or visual recording or computer software supplied in sealed packaging, if the packaging is opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription agreements; (11) concluded by public auction; (12) for the provision of accommodation other than for residential purpose, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the agreement specifies the date or period of performance; (13) for the supply of digital content that is not recorded on a tangible medium if the performance has begun with the consumer’s express consent before the end of the withdrawal period and after the Seller has informed the consumer of the loss of the right to withdraw from the agreement.

3.10. Provisions contained in this point 8 of the Terms and Conditions concerning the consumer shall apply from 1 January 2021 and for agreements concluded from that date also to the Service recipient or the Customer who is a natural person concluding an agreement directly related to its business activity, if it follows from the content of that agreement that it is not of a professional nature for that person, resulting in particular from the subject of its business activity made available on the basis of the provisions of the Central Register and Information on Business Activity.

3.11. TEMPLATE WITHDRAWAL FORM (ANNEX 2 TO THE CONSUMER RIGHTS ACT)

Template withdrawal form (this form must be completed and returned only if you wish to withdraw from the agreement)

• Recipient: Company: Perfect Sale Sp. z o.o.; Solec 18/B21, 00-410 Warsaw, Poland. [email protected]
• I/We(*) hereby give notice of my/our(*) withdrawal from the agreement for sale of the following goods(*) the agreement for delivery of the following goods(*) the agreement for performance of the following goods(*)/provision of the following service(*)
• Date of agreement(*)/collection(*)
• Full name of the consumer(s)
• Address of the consumer(s)
• Signature of consumer(s) (only if paper form)
• Date

(*) Delete as appropriate.