Returns and Complaints

6. COMPLAINT HANDLING PROCEDURE

6.1. This Section 6 of the Regulations defines the complaint handling procedure common to all complaints submitted to the Seller, particularly complaints regarding Products, Sales Contracts, Electronic Services, and other complaints related to the Seller’s or the Online Store’s operations.

6.2. A complaint may be submitted, for example:

in writing to the address: Siemianowice Śląskie 41-106, ul. Łokietka 12a/12;
electronically via email to: artur@wild-concept.com.

6.3. The Product may be sent or returned as part of a complaint to the address: Siemianowice Śląskie 41-106, ul. Łokietka 12a/12.

6.4. It is recommended that the complaint description include: (1) information and circumstances regarding the subject of the complaint, particularly the type and date of the irregularity or non-conformity with the contract; (2) a request for how to bring the product into conformity with the contract, or a statement on price reduction or withdrawal from the contract, or another claim; and (3) the contact details of the complainant – this will facilitate and expedite the complaint’s resolution. The requirements stated in the preceding sentence are merely recommendations and do not affect the effectiveness of complaints submitted without the recommended description.

6.5. Should the complainant change their contact details during the complaint handling process, they are obliged to notify the Seller.

6.6. The complainant may attach evidence (e.g., photos, documents, or the Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g., photos) if this facilitates and expedites the Seller’s resolution of the complaint.

6.7. The Seller shall respond to the complaint without undue delay, no later than within 14 calendar days from the date of its receipt.

6.8. The basis and scope of the Seller’s statutory liability are defined by generally applicable legal provisions, particularly the Civil Code, the Consumer Rights Act, and the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). Below is additional information regarding the Seller’s legally stipulated liability for the Product’s conformity with the Sales Contract:

In the case of a complaint regarding a Product – movable item – purchased by the Customer under a Sales Contract concluded with the Seller until December 31, 2022, the provisions of the Civil Code in force until December 31, 2022, particularly Articles 556-576 of the Civil Code, shall apply. These provisions define, in particular, the basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty for defects). In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under the warranty for a Product purchased in accordance with the preceding sentence towards a Customer who is not a consumer is excluded.
In the case of a complaint regarding a Product – movable item (including a movable item with digital elements), excluding, however, a movable item that serves solely as a carrier of digital content – purchased by the Customer under a Sales Contract concluded with the Seller from January 1, 2023, the provisions of the Consumer Rights Act in force from January 1, 2023, particularly Articles 43a – 43g of the Consumer Rights Act, shall apply. These provisions define, 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 Contract.
In the case of a complaint regarding a Product – digital content or service, or a movable item that serves solely as a carrier of digital content – purchased by the Customer under a Sales Contract concluded with the Seller from January 1, 2023, or before that date if the delivery of such Product was to occur or occurred after that date, the provisions of the Consumer Rights Act in force from January 1, 2023, particularly Articles 43h – 43q of the Consumer Rights Act, shall apply. These provisions define, 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 Contract.

6.9. Beyond statutory liability, a guarantee may be provided for the Product – this is contractual (additional) liability and can be exercised if the given Product is covered by a guarantee. A guarantee may be granted by an entity other than the Seller (e.g., by the manufacturer or distributor). Detailed conditions regarding liability under the guarantee, including the details of the entity responsible for fulfilling the guarantee and the entity entitled to benefit from it, are available in the guarantee description, e.g., in the guarantee card or elsewhere concerning the provision of the guarantee. The Seller indicates that in the event of non-conformity of the Product with the contract, the Customer is entitled by law to legal remedies from and at the expense of the Seller, and that the guarantee does not affect these legal remedies.

6.10. The provisions concerning consumers contained in Sections 6.8.2. and 6.8.3 of the Regulations also apply to a Customer who is a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

7. OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION AND CLAIM PURSUIT, AND RULES OF ACCESS TO THESE PROCEDURES

7.1. Methods of out-of-court dispute resolution include, among others: (1) facilitating rapprochement between parties, e.g., through mediation; (2) proposing a dispute resolution, e.g., through conciliation; and (3) resolving the dispute and imposing its solution on the parties, e.g., through arbitration (arbitration court). Detailed information regarding the possibility for a Customer who is a consumer to use out-of-court methods of complaint resolution and claim pursuit, rules of access to these procedures, and a user-friendly search engine for entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.

7.2. A contact point operates at the President of the Office of Competition and Consumer Protection, whose task is, among others, to provide consumers with information regarding out-of-court consumer dispute resolution. Consumers can contact this point: (1) by phone – by calling 22 55 60 332 or 22 55 60 333; (2) by email – by sending a message to: kontakt.adr@uokik.gov.pl; or (3) in writing or in person – at the Office’s Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).

7.3. The consumer has the following exemplary options for using out-of-court methods of complaint resolution and claim pursuit: (1) an application for dispute resolution to a permanent consumer arbitration court; (2) an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection; or (3) assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Polish Consumers’ Association). Advice is provided, among others, by email at porady@dlakonsumentow.pl and via the consumer helpline at 801 440 220 (helpline open on working days, from 8:00 AM to 6:00 PM, call charges according to the operator’s tariff).

7.4. At http://ec.europa.eu/odr, an online dispute resolution platform for consumers and businesses at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts or service contracts (more information on the platform itself or at the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

7.5 All products available in the California-Concept offer are covered by a manufacturer’s warranty, covering material and manufacturing defects arising during proper use.
The warranty period and its implementation depend on the type of product (e.g., photovoltaic systems, suspension components, electrical accessories) and are specified in the accompanying documentation.
Warranty claims can be sent directly to us at artur@wild-concept.com