Complaints

COMPLAINT HANDLING PROCEDURE

BY APPHURT.PL

Filing complaints

Complaints can be directed to the Store in writing or by email at the following addresses:

Online wholesale apphurt.pl, ASATO Sp. z o.o., ul. Firmowa 8, 62-023 Robakowo | e-mail: zamowienia@apphurt.pl

To file a complaint, the Customer may use the complaint form template, but this is not mandatory. The complaint form template can be downloaded from our website in the Documents to Download section.

The complained product should also be sent to the address indicated above.

Complaint handling procedure

In case of non-conformity of goods with the contract, Customers who are Entrepreneurs with consumer rights have the rights specified in the Consumer Rights Act. The Store is responsible for the conformity of goods (Product) with the contract.

The procedure for handling complaints by the Store in the case of Customers who are Consumers and Entrepreneurs with consumer rights is described below. Details can be found in the Consumer Rights Act.

In the case of Customers who are not consumers or Entrepreneurs with consumer rights, the rules regarding warranty for defects are described in the apphurt.pl Store Terms and Conditions. Beyond the above, the Seller excludes its liability for defects in sold goods, liability for damages related to or resulting from products, and any other liability, to the fullest extent legally permissible (except for liability arising from absolutely binding provisions). The Store bears liability towards Customers who are not Consumers or Entrepreneurs with consumer rights only for damage caused intentionally.

Repair or replacement

1. If the goods are not in conformity with the contract, the Customer may demand their repair or replacement.

2. The Store may make a replacement when the Customer demands repair, or the Store may make a repair when the Customer demands replacement, if bringing the goods into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs for the Store. If repair and replacement are impossible or would require excessive costs for the Store, it may refuse to bring the goods into conformity with the contract.

3. When assessing the excessiveness of costs for the Store, all circumstances of the case are taken into account, in particular the significance of the non-conformity of goods with the contract, the value of goods in conformity with the contract, and excessive inconvenience for the Customer arising from changing the method of bringing goods into conformity with the contract.

4. The Store carries out repair or replacement within a reasonable time from the moment the Store was informed by the Customer about the non-conformity with the contract, and without excessive inconvenience for the Customer, taking into account the specification of the goods and the purpose for which the Customer purchased them. The costs of repair or replacement, including in particular the costs of postage, transportation, labor, and materials, are borne by the Store.

5. The Customer makes available to the Store the goods subject to repair or replacement. The Store collects the goods from the Customer at its own cost.

6. If the goods were installed before the disclosure of non-conformity of goods with the contract, the Store dismantles the goods and installs them again after repair or replacement, or commissions the performance of these activities at its own cost.

7. The Customer is not obliged to pay for normal use of goods that were subsequently replaced.

Price reduction or withdrawal from the contract

1. If the goods are not in conformity with the contract, the Customer may submit a statement on price reduction or withdrawal from the contract when:

1. The Store refused to bring the goods into conformity with the contract in accordance with Article 43d paragraph 2 of the Consumer Rights Act,

2. The Store did not bring the goods into conformity with the contract in accordance with Article 43d paragraphs 4-6 of the Consumer Rights Act,

3. non-conformity of goods with the contract continues to exist despite the Store's attempt to bring the goods into conformity with the contract,

4. non-conformity of goods with the contract is so significant that it justifies price reduction or withdrawal from the contract without prior use of protection measures specified in Article 43d of the Consumer Rights Act,

5. from the Store's statement or circumstances it clearly follows that it will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience for the Customer.

2. The reduced price must remain in such proportion to the price resulting from the contract as the value of goods not in conformity with the contract remains to the value of goods in conformity with the contract.

3. The Store returns to the Customer amounts due as a result of exercising the right to price reduction immediately, no later than within 14 days from the date of receipt of the Customer's statement on price reduction.

4. The Customer cannot withdraw from the contract if the non-conformity of goods with the contract is insignificant. It is presumed that the non-conformity of goods with the contract is significant.

5. If the non-conformity with the contract concerns only some goods delivered under the contract, the Customer may withdraw from the contract only in relation to those goods, as well as in relation to other goods purchased by the Customer together with goods not in conformity with the contract, if it cannot be reasonably expected that the Customer would agree to keep only goods in conformity with the contract.

6. In case of withdrawal from the contract, the Customer immediately returns the goods to the Store at its cost. The Store returns the price to the Customer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.

7. The Store makes the price refund using the same payment method that the Customer used, unless the Customer expressly agreed to another refund method that does not involve any costs for them.

8. The Consumer may withhold payment of the price until the entrepreneur fulfills the obligations arising from Articles 43d and 43e of the Consumer Rights Act.

Conformity of goods with the contract

1. Goods are in conformity with the contract if, in particular, the following remain in conformity with the contract:

1. description, type, quantity, quality, completeness and functionality, and in relation to goods with digital elements - also compatibility, interoperability and availability of updates;

2. suitability for the special purpose for which the Customer needs them, of which the Customer informed the Store no later than at the time of concluding the contract and which the Store accepted.

2. In addition, for goods to be considered in conformity with the contract, they must:

1. be suitable for the purposes for which goods of this type are usually used, taking into account applicable legal provisions, technical standards or good practices;

2. occur in such quantity and have such features, including durability and safety, and in relation to goods with digital elements - also functionality and compatibility, which are typical for goods of this type and which the Customer can reasonably expect, taking into account the nature of the goods and public assurance made by the Store, its legal predecessors or persons acting on their behalf, in particular in advertising or on labels, unless the Store proves that:

• it did not know about the given public assurance and, judging reasonably, could not have known about it,

• before the conclusion of the contract, the public assurance was corrected maintaining the conditions and form in which the public assurance was made, or in a comparable manner,

• the public assurance did not influence the Customer's decision to conclude the contract;

3. be delivered with packaging, accessories and instructions which the Customer can reasonably expect to be delivered;

4. be of the same quality as a sample or model that the Store made available to the Customer before concluding the contract, and correspond to the description of such sample or such model.

3. The provisions of Article 43k paragraphs 3 and 4 and Article 43l paragraph 4 of the Consumer Rights Act apply accordingly to goods with digital elements.

4. The Store is not liable for non-conformity of goods with the contract in the scope referred to in paragraphs 18 or 19 above, if the Customer, no later than at the time of concluding the contract, was expressly informed that a specific feature of the goods deviates from the requirements of conformity with the contract specified in paragraphs 18 or 19, and expressly and separately accepted the lack of a specific feature of the goods.

5. The Store is liable for non-conformity of goods with the contract resulting from improper installation of goods if:

1. it was carried out by the Store or on its responsibility;

2. improper installation carried out by the Customer resulted from errors in the instructions provided by the Store or a third party referred to in Article 6 paragraph 2 of the Consumer Rights Act.

Deadlines

1. The Store is liable for non-conformity of goods with the contract existing at the time of its delivery and revealed within two years from that time, unless the expiry date of goods for use, specified by the Store, its legal predecessors or persons acting on their behalf, is longer. It is presumed that non-conformity of goods with the contract that was revealed before the expiration of two years from the time of delivery of goods existed at the time of its delivery, unless proven otherwise or this presumption cannot be reconciled with the specification of goods or the nature of non-conformity of goods with the contract.

2. The Store cannot rely on the expiration of the deadline for determining non-conformity of goods with the contract specified in paragraph 22 above if it fraudulently concealed this deficiency.

3. In relation to goods with digital elements, the Store is liable for non-conformity with the contract of digital content or digital service provided continuously, which occurred or was revealed during the time when, according to the contract, they were to be provided. This time cannot be shorter than two years from the time of delivery of goods with digital elements. It is presumed that non-conformity of digital content or digital service with the contract occurred during this time if it was revealed during this time.

Store

Online store Online wholesale apphurt.pl available at apphurt.pl, operated by:

ASATO Sp. z o.o., ul. Głogowska 82 /22, 60-741 Poznań, entered in the register of entrepreneurs of the National Court Register (registry files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division - National Court Register), share capital 5000.00 PLN, KRS 0000993134, NIP 7792544540, REGON 523179876;

correspondence address: Online wholesale apphurt.pl | ul. Firmowa 8, 62-023 Robakowo | e-mail: zamowienia@apphurt.pl

Information clause

1. In case of a complaint, we require you to provide at least the following personal data so that we can carry out the complaint process (i.e., exercise the rights you have from the contract concluded with us): company data (name, company address and NIP), first and last name of the person authorized to represent the company, and in the case of Customers who are not consumers or Entrepreneurs with consumer rights also an e-mail address, and data identifying your order (e.g., order number, invoice, etc.). If you do not provide this personal data, carrying out the complaint process will not be possible. Providing additional personal data is voluntary.

2. The controller of personal data is:

ASATO Sp. z o.o., ul. Głogowska 82 /22, 60-741 Poznań, entered in the register of entrepreneurs of the National Court Register (registry files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division - National Court Register), share capital 5000.00 PLN, KRS 0000993134, NIP 7792544540, REGON 523179876;

correspondence address: Online wholesale apphurt.pl | ul. Firmowa 8, 62-023 Robakowo | e-mail: zamowienia@apphurt.pl

3. The legal basis for our processing of data is primarily the performance of the contract concluded with you [Article 6 paragraph 1 letter b GDPR].

4. Collected personal data is stored primarily within the European Economic Area (EEA), but sometimes it may also be sent to countries outside this area and processed there. Each operation of transferring personal data is performed in accordance with applicable law, in particular GDPR. If data is transferred outside the EEA, to countries for which the European Commission has not established an adequate level of data protection, we transfer it only to entities belonging to the Privacy Shield program or having another appropriate certificate, or complying with an appropriate code of conduct, or we make transfers using Standard Contractual Clauses.

5. We transfer personal data to the necessary extent and with appropriate security measures only to our employees/associates, subcontractors and companies providing services necessary for our operation and development (in particular couriers and payment operators). We conclude appropriate data processing agreements with all entities to whom we entrust the processing of personal data.

6. Data is stored for the period necessary to achieve the above-mentioned processing purposes, and after that time for the period and to the extent specified by generally applicable law (taking into account, among others, the length of limitation periods for claims [Article 118 of the Civil Code] and a reasonable time after their expiration, as well as tax regulations).

7. You have the right to access data, correct data, delete data, restrict data processing, object to data processing based on the legitimate interest of the Controller, object to data processing for direct marketing purposes (including profiling), withdraw consent to data processing (whereby withdrawal of consent does not affect the lawfulness of data processing carried out on the basis of this consent before its withdrawal), data portability and to lodge a complaint with the supervisory authority.

You will find more information on our website (in particular in the Privacy Policy and Terms and Conditions sections).