Returns and Complaints

Below you will find the key information concerning withdrawal from a contract, returns and complaints in the Alternative Photographic Supplies online store at www.alternativephotographicsupplies.com.

Detailed rules are set out in the Terms and Conditions of the Store. The information provided on this page does not limit any rights granted to Buyers under applicable law.

Right of Withdrawal

A Consumer who enters into a distance contract through the Store may, as a general rule, withdraw from the contract within 14 days without giving any reason.

In the case of the purchase of Goods, the withdrawal period begins on the day on which the Consumer or a third party indicated by the Consumer, other than the carrier, receives the Goods.

If one Order includes several Goods delivered separately, in batches or in parts, the withdrawal period begins on the day on which the last item, batch or part is received.

To meet the withdrawal deadline, it is sufficient to send the withdrawal declaration before the relevant period expires.

How to Withdraw from the Contract

A declaration of withdrawal may be made in any unequivocal form, including in particular:

• by e-mail to kontakt@szlachetnafotografia.com,
• in writing to the Seller’s address.

The Consumer may use the model withdrawal form included at the end of the Terms and Conditions, but is not required to do so.

To make identification of the Order easier, it is advisable to provide the Order number, name and surname and information identifying the Goods concerned. Failure to provide these details does not make the withdrawal ineffective if it is otherwise possible to identify the contract concerned.

Returning the Goods

Following withdrawal from the contract, the Consumer should return the Goods without undue delay and no later than 14 days from the date on which the Seller was informed of the withdrawal.

The deadline is met if the Goods are sent back before the 14-day period expires.

Returns should be sent to:

Alternative Photographic Supplies / Szlachetna Fotografia
Radosław Brzozowski
ul. Akacjowa 1
83-034 Trąbki Wielkie
Poland

The Consumer bears the direct cost of returning the Goods unless the Seller has agreed to bear that cost or applicable law requires the Seller to bear it.

Refund Following Withdrawal

Where the Consumer withdraws from the entire contract, the Seller shall refund all payments received from the Consumer that are subject to reimbursement, including the cost of the least expensive standard delivery method offered by the Store.

If the Consumer selected a delivery method that was more expensive than the least expensive standard delivery method offered by the Store, the Seller is not required to refund the additional costs resulting from that choice.

The refund shall be made without undue delay and no later than 14 days after the Seller receives the declaration of withdrawal.

The refund shall be made using the same payment method used by the Consumer unless the Consumer expressly agrees to another method that does not involve any costs for the Consumer.

The Seller may withhold the refund until the Goods have been returned or until the Consumer provides evidence that the Goods have been sent back, whichever occurs first, unless the Seller has offered to collect the Goods.

Handling the Goods Before Return

The Consumer may inspect the Goods to the extent necessary to establish their nature, characteristics and functioning.

The Consumer is liable for any reduction in the value of the Goods resulting from handling them beyond what is necessary for this purpose, provided that the Consumer has been properly informed of the right of withdrawal.

Merely opening the packaging does not automatically result in the loss of the right of withdrawal, unless a statutory exception applies in the particular case.

Freshly Prepared and Custom Products

Some products offered by Alternative Photographic Supplies may be freshly prepared or produced after the Order has been received.

The mere fact that a standard product is prepared after the Order is placed does not result in loss of the right of withdrawal.

The right of withdrawal may, however, not apply to Goods that are not prefabricated and are made according to the Consumer’s individual specifications or are intended to satisfy the Consumer’s individual needs.

This may apply in particular to products prepared following individual arrangements with the Seller, for example products with a non-standard composition, concentration, quantity, volume, format or other individually specified parameters.

Information that a product is individually made and that the statutory right of withdrawal therefore does not apply shall be provided to the Consumer before conclusion of the contract.

Digital Content

In the case of paid Digital Content supplied without a tangible medium, such as a PDF book, the statutory right of withdrawal may be lost only where the conditions required by law have been met.

The Seller may begin performance before expiry of the withdrawal period only with the Consumer’s prior and express consent.

Before performance begins, the Consumer must be informed that once the Seller has fully performed the contract, the Consumer will lose the right of withdrawal, and the Consumer must acknowledge this information.

The Seller shall also provide the confirmation required by law on a Durable Medium.

If these conditions are not met, merely making the file available does not deprive the Consumer of the statutory right of withdrawal.

Cancellation of a Workshop

Irrespective of the scope of any statutory right of withdrawal applicable to a Workshop, Alternative Photographic Supplies grants the Buyer an additional contractual right:

The Buyer may cancel participation in a Workshop before it begins and receive a full refund of the price paid.

Cancellation may be sent to:

kontakt@szlachetnafotografia.com

If a Workshop is cancelled by the Seller, including due to circumstances beyond the Seller’s control, the Buyer may choose:

• participation on another agreed date, or
• a full refund of the price paid.

A change of the Workshop date requires the Buyer’s consent.

Complaints Concerning Goods

Seller’s Liability for Conformity of Goods with the Contract

The Seller is liable to the Consumer for conformity of the Goods with the contract in accordance with the applicable provisions of the Polish Consumer Rights Act.

The Seller is liable for any lack of conformity of the Goods with the contract that existed at the time of delivery and is revealed within 2 years from that time, unless the shelf life of the Goods is longer.

If a lack of conformity is revealed within two years from delivery, it is presumed to have existed at the time of delivery unless proven otherwise or unless such a presumption is incompatible with the nature of the Goods or the nature of the lack of conformity.

Repair or Replacement

If the Goods are not in conformity with the contract, the Consumer may request:

• repair, or
• replacement of the Goods.

The Seller may replace the Goods instead of repairing them, or repair them instead of replacing them, if the remedy chosen by the Consumer is impossible or would involve excessive costs for the Seller.

When assessing whether costs are excessive, all circumstances of the case shall be taken into account, including in particular the significance of the lack of conformity, the value of Goods that would be in conformity with the contract and any excessive inconvenience to the Consumer resulting from use of the alternative remedy.

If both repair and replacement are impossible or would involve excessive costs, the Seller may refuse to bring the Goods into conformity with the contract.

Repair or replacement shall be carried out within a reasonable time and without significant inconvenience to the Consumer.

The costs of repair or replacement, including in particular postage, transport, labour and material costs, shall be borne by the Seller.

Price Reduction or Withdrawal from the Contract

In the circumstances provided for by law, the Consumer may request a price reduction or withdraw from the contract.

This applies in particular where:

• the Seller has refused to bring the Goods into conformity with the contract,
• the Seller has failed to bring the Goods into conformity with the contract,
• the lack of conformity continues despite an attempt to repair or replace the Goods,
• the lack of conformity is sufficiently significant to justify a price reduction or withdrawal without first requesting repair or replacement,
• it is clear from a statement by the Seller or from the circumstances that the Goods will not be brought into conformity within a reasonable time or without significant inconvenience to the Consumer.

The Consumer may not withdraw from the contract if the lack of conformity is minor. A lack of conformity of the Goods with the contract is presumed to be significant.

Where the price is reduced, the reduced price shall be in the same proportion to the contract price as the value of the non-conforming Goods bears to the value of Goods that would be in conformity with the contract.

Any amount due as a result of a price reduction shall be refunded without undue delay and no later than 14 days after the Seller receives the Consumer’s declaration of price reduction.

Sending Goods in Connection with a Complaint

Where it is necessary for the Goods to be provided to the Seller for the purposes of the complaint, the Consumer shall make the Goods available to the Seller and the Seller shall bear the costs of collection or shipping in cases provided for by applicable law.

If the parties agree that the Goods are to be sent to the Seller, the shipment should be addressed to:

Alternative Photographic Supplies / Szlachetna Fotografia
Radosław Brzozowski
ul. Akacjowa 1
83-034 Trąbki Wielkie
Poland

In the event of withdrawal from the contract due to lack of conformity, the Consumer returns the Goods at the Seller’s expense.

The Seller shall refund the price without undue delay and no later than 14 days after receiving the Goods or evidence that they have been sent back.

How to Submit a Complaint

A complaint may be submitted in any legally permissible form.

For efficient processing, it may be submitted:

e-mail: kontakt@szlachetnafotografia.com

or in writing to:

Alternative Photographic Supplies / Szlachetna Fotografia
Radosław Brzozowski
ul. Akacjowa 1
83-034 Trąbki Wielkie
Poland

A complaint should preferably include:

• information enabling identification of the Buyer and the Order,
• a description of the problem,
• the Consumer’s request.

Failure to use the suggested form or to provide some of the above information does not deprive the Consumer of the right to submit a complaint if the complaint can be considered on the basis of the information provided.

A fiscal receipt is not required in order to submit or consider a complaint.

Time Limit for Responding to a Complaint

The Seller shall respond to a Consumer’s complaint within 14 days of receipt.

If the Seller does not respond within that period, the complaint shall be deemed accepted.

The response shall be provided to the Consumer on paper or another Durable Medium, such as e-mail.

Complaints Concerning Digital Content

If Digital Content has not been supplied or is not in conformity with the contract, the Consumer has the rights provided for under the applicable law and the Terms and Conditions of the Store.

In the case of Digital Content supplied on a one-off basis or in separate parts, the Seller is liable for any lack of conformity existing at the time of supply and revealed within 2 years from that time.

If a lack of conformity is revealed within one year from the time of supply, it is presumed to have existed at the time of supply, subject to the exceptions provided for by law.

The Consumer may request that the Digital Content be brought into conformity with the contract.

The Seller may refuse to do so if bringing the Digital Content into conformity is impossible or would involve excessive costs.

In the circumstances provided for by law, the Consumer may also request a price reduction or withdraw from the contract, in particular where the Digital Content has not been brought into conformity, the lack of conformity continues, or the lack of conformity is sufficiently significant to justify exercising these rights without first requesting that the Digital Content be brought into conformity.

Complaints concerning Digital Content may be submitted to:

kontakt@szlachetnafotografia.com

The Seller shall respond to a Consumer’s complaint within 14 days of receipt.

Entrepreneur with Consumer Rights

Consumer rights provided for by applicable law also apply, to the extent provided for by law, to a natural person entering into a contract directly related to their business activity where the contract is not of a professional nature for that person.

If it is not clear from the content of the contract whether it is of a professional nature, that person may, no later than at the time the contract is concluded, make an appropriate declaration. The Seller shall not make conclusion of the contract conditional upon submission of such a declaration.

Alternative Dispute Resolution

If a complaint does not result in resolution of a dispute, the Consumer may use alternative methods of resolving consumer disputes.

Information concerning available procedures and entities authorised to conduct such proceedings is available from the Polish Office of Competition and Consumer Protection (UOKiK).

In cross-border matters, the Consumer may also seek assistance from the relevant European Consumer Centre.

Use of an alternative dispute resolution procedure does not deprive the Consumer of the right to bring a claim before a competent court.