Returns and complaints policy

9) COMPLAINTS REGARDING SALES AGREEMENTS AND PRODUCTS

1. This section of the Regulations specifies the procedure for handling complaints regarding Products, Sales Agreements and other complaints related to the Seller's activities.

2. If the Store Service Provider acts as the Seller, the complaint may be submitted, for example:

a. in writing to the following address: ul. Poznańska 216B, 88-100 Inowrocław;
b. in electronic form via e-mail to the following address: info@multigenus.com.

3. The Product may be sent or returned as part of a complaint to the address provided to the Customer at the time of submitting the complaint.

4. In other cases, where the Seller is a third party to the Service Provider, the Customer may submit a complaint directly to the Seller, for example, in accordance with the Seller's contact details provided in the purchase confirmation received after concluding the Sales Agreement. If in doubt, the Customer should contact the Service Provider to confirm the complaint address. For the avoidance of doubt, the Service Provider is not obligated to mediate in the submission of a complaint by the Customer or in the shipment or return of the Product to the third party Seller.

5. It is recommended that the complaint description include: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity or lack of compliance with the contract; (2) a request for a method of achieving compliance with the contract or a declaration of a price reduction, withdrawal from the contract, or other claim; and (3) contact details of the complainant – this will facilitate and expedite the complaint processing. The requirements set out in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description.

6. If the contact details provided by the complainant change during the complaint processing, he or she is obliged to notify the Seller thereof.

7. The complainant may attach evidence (e.g., photos, documents, or the Product) related to the subject of the complaint to the complaint. The Seller may also request that the complainant provide additional information or send evidence (e.g., photos) if this will facilitate and expedite the Seller's review of the complaint.

8. The Seller will respond to complaints within the timeframe specified in the mandatory provisions of law applicable to the given Agreement. In cases where Polish law provides for a 14-day period for responding to the consumer, the Seller will respond to the complaint no later than that timeframe.

9. The basis and scope of the Seller's statutory liability are determined by the provisions of law applicable to the given Agreement. In the case of Customers covered by the relevant provisions of Polish law, the provisions of the Civil Code, the Consumer Rights Act and the Act on the provision of electronic services of 18 July 2002 shall apply in particular (Dz.U. No. 144, item 1204, as amended). The above references to Polish law do not exclude or limit the Customer's mandatory rights arising from the provisions of the law applicable to his place of residence or the given Agreement.

a. In the event of a complaint about a Product – a movable item (including a movable item with digital elements), but excluding a movable item that serves solely as a carrier of digital content – ​​purchased by the Customer under the Sales Agreement concluded with the Seller from 1 January 2023, if the relevant provisions of Polish law apply to a given Agreement, in particular Art.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 non-conformity of the Product with the Sales Agreement.

10. In addition to statutory liability, a warranty may be provided for the Product – this is a contractual (additional) liability and can be used when the Product is covered by the warranty. The warranty may be provided by an entity other than the Seller (e.g., the manufacturer or distributor). Detailed terms and conditions regarding liability under the warranty, including details of the entity responsible for implementing the warranty and the entity authorized to use it, are available in the warranty description, e.g., in the warranty card or elsewhere regarding the warranty.

11. The provisions regarding consumers set out in point 9.9 letter a) of the Regulations also apply, to the extent resulting from the relevant provisions of Polish law, to a Customer who is a natural person concluding a contract directly related to his or her business activity, when the content of this contract indicates that it is not of a professional nature for this person, resulting in particular from the subject of his or her business activity, made available under the provisions on the Central Registration and Information on Business.

10) STATUTORY RIGHT OF WITHDRAWAL FROM THE CONTRACT

Territorial scope: The provisions of this section regarding the statutory right of withdrawal apply to Customers who have such a right under mandatory provisions of law applicable to the given Agreement, in particular consumers covered by Polish or European Union law. The provisions of this section do not automatically grant a statutory right of withdrawal to Customers from countries where such a right does not result from applicable law. The above does not exclude or limit the Customer's rights under mandatory provisions of law applicable to their place of residence or the given Agreement.

1. A consumer who, under applicable law, has a statutory right to withdraw from a distance contract may exercise this right within the period specified by such provisions. For consumers covered by applicable Polish or European Union law, this period is generally 14 calendar days, without the need to provide a reason, subject to any exceptions provided for by law.

2. In cases where the relevant provisions of Polish law apply regarding the statutory right of withdrawal from a distance contract, this right does not apply to the consumer, in particular in relation to contracts:

(1) for the provision of services for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the performance that after the entrepreneur has performed the service he will lose the right to withdraw from the contract and has acknowledged this (e.g.Brokerage Service);
(2) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the withdrawal period;
(3) in which the subject of the provision is a non-prefabricated Product, manufactured according to the consumer’s specifications or intended to meet his individual needs;
(4) where the subject of the service is a Product that spoils quickly or has a short shelf life;
(5) in which the subject of the provision is a Product delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons if the package was opened after delivery;
(6) where the subject of the provision are Products which, due to their nature, are inseparably connected with other items after delivery;
(7) where the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;
(8) in which the consumer has expressly requested the entrepreneur to come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or supplies Products other than spare parts necessary for repair or maintenance, the right of withdrawal applies to such additional services or Products;
(9) where the subject of the performance are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
(10) for the supply of newspapers, periodicals or magazines, with the exception of subscription agreements;
(11) concluded through public auction;
(12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision;
(13) for the supply of digital content not supplied on a tangible medium for which the consumer is obliged to pay the price, if the trader commenced the performance with the express and prior consent of the consumer, who was informed before the commencement of the performance that he would lose the right to withdraw from the contract and acknowledged this, and the trader provided the confirmation required by law;
(14) for the provision of services for which the consumer is obliged to pay the price, for which the consumer has expressly requested the trader to come to him for the purpose of carrying out repairs and the service has already been fully performed with the express and prior consent of the consumer.

3. In cases covered by the relevant provisions of Polish law, possible costs related to the consumer's withdrawal from the contract that the consumer is obliged to bear include:

a. If the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
b. Under the Store's 14-day free returns policy, if a Product covered by this policy is returned within 14 calendar days of its receipt, the cost of standard return of the Product in accordance with the returns instructions is covered by the Seller or Service Provider, in accordance with the adopted returns organization.In order to obtain a prepaid label or another free shipping method, the Customer may contact the Store's customer service at info@multigenus.com. Klient is not responsible for the cost of a standard return arranged in accordance with these instructions. This does not limit your rights under mandatory provisions of law.
c. In the case of a service (e.g. Intermediation Service), the performance of which – at the express request of the consumer – has begun before the expiry of the withdrawal period, the consumer exercising the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the time of withdrawal from the contract, if such an obligation results from the applicable provisions of law.

4. To meet the withdrawal deadline, it is sufficient to send a declaration before its expiry, if applicable law so provides. A declaration of withdrawal from a Sales Agreement may be submitted using the Seller's contact details provided in the purchase confirmation received by the consumer. A declaration of withdrawal from a Brokerage Agreement or Electronic Services Agreement may be submitted using the Service Provider's/Intermediary's contact details provided in the Terms and Conditions. Consumers subject to applicable Polish law may use the template form provided in Section 18 of the Terms and Conditions, but this is not mandatory.

5. In cases covered by the relevant provisions of Polish or European Union law, the period for withdrawal from the contract begins:

a. for a contract under which the entrepreneur delivers an item and is obliged to transfer ownership thereof (e.g. Sales Agreement) – from the moment the consumer or a third party indicated by him other than the carrier takes possession of the item, taking into account special rules regarding multiple items, deliveries in batches or regular delivery of items;
b. for other contracts (e.g. Brokerage Agreements) – from the date of conclusion of the contract, in accordance with the applicable legal provisions.

6. In the case of Products that are movable items, if the relevant provisions of Polish law regarding the statutory right of withdrawal apply:

a. The Consumer is obligated to return the Product to the Seller immediately, no later than 14 calendar days from the date on which they withdrew from the Sales Agreement. To meet the deadline, it is sufficient to return the Product to the Seller's address before its expiry. The Consumer should receive the Seller's address in the purchase confirmation received after concluding the Sales Agreement, and if they have not received such information, they should contact the Service Provider.
b. The Seller is obligated to refund the payment within the time limit and in accordance with the applicable provisions of law. In cases covered by the applicable provisions of Polish law, the refund will generally be made no later than 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, taking into account the legal options for withholding the refund until the Product is received back or proof of its return is provided.
c. The Consumer shall be liable for any reduction in the value of the Product resulting from its use in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product, if such liability results from applicable legal provisions.

7. The provisions of this section concerning the specific rights of a natural person conducting business activity shall apply to the extent resulting from the relevant provisions of law, including – when Polish law is applicable – to a natural person concluding a contract directly related to his or her business activity, when the content of that contract indicates that it is not of a professional nature for that person.

8. Voluntary returns of Products delivered to the United States. For Customers ordering Products for delivery within the United States, the Store offers the option to return a non-defective Product within 14 calendar days of its delivery, in accordance with the terms communicated to the Customer prior to purchase. To request a return, the Customer may contact the Store at info@multigenus.com, providing the Order number and Product reference. The Store will provide returns instructions and the correct address, and will also ensure standard return of the Product at no cost to the Customer, as indicated in these instructions. The Product should not be returned without first agreeing on the correct address and shipping method. The return settlement method and legal exclusions applicable to individual Products are subject to the terms and conditions clearly presented to the Customer prior to purchase. This section establishes a voluntary commercial policy and does not automatically apply the European statutory right of withdrawal to US Customers. It does not limit the Customer's mandatory rights under applicable law, including those related to a defective, damaged, or non-conforming Product.

11) OUT-OF-COURT COMPLAINT AND CLAIMS SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES

1. The following information applies in particular to Customers, to whom the relevant provisions of Polish law apply. It does not exclude or limit any legal remedies or out-of-court dispute resolution procedures to which the Customer may be entitled under the mandatory provisions of law applicable to their place of residence or the relevant Agreement.

2. Out-of-court dispute resolution methods include: (1) facilitating reconciliation of the parties' positions, e.g., through mediation; (2) proposing a resolution to the dispute, e.g., through conciliation; and (3) resolving the dispute and imposing its resolution on the parties, e.g., through arbitration. Detailed information on the possibility for a Customer who is a consumer to use out-of-court complaint and claim settlement procedures and the rules for accessing these procedures are available on the websites of the relevant consumer protection authorities.

3. In the case of consumers covered by the relevant provisions of Polish law, information on out-of-court resolution of consumer disputes is available in particular on the website of the Office of Competition and Consumer Protection and through the relevant consumer protection institutions, including provincial inspectorates of the Trade Inspection and district or municipal consumer ombudsmen.