1. The Seller undertakes to deliver the goods without defects.

2. UpToU as a seller is liable to the Buyer who is a Consumer, under the warranty for defects in the scope specified in the Civil Code, in particular in Article 556 and Article 556[1]-556[3] of the Civil Code.

3. Complaints, resulting from violation of consumer rights guaranteed by law or on the basis of these Terms and Conditions, should be directed:

A) To the address: UpToU Borowscy S.C. ul. Piwoniowa 11, 05-825 Opypy, Poland
B) Telephone: +48 501 550 653 or +48 600 006 689
C) By mail to: biuro@uptou.pl

4. In the case when the Buyer is not a Consumer, the liability of UpToU under the warranty for defects is excluded.

5. Complaints related to the provision of Electronic Services and other than those described in points 1-3 above, complaints related to the operation of the UpToU Internet Shop shall be submitted by the Customer:

A) By mail to biuro@uptou.pl
B) Using the web form available at the address: https://uptou.pl/contact
C) Telephone: +48 501 550 653

6. UpToU will consider each complaint within 14 days, and if this is not possible, will inform the Buyer within this period, when the complaint will be considered.

7. When submitting a complaint in relation to the Product, it is recommended that the Buyer provide the following information, as indicated in the Complaint Form, which is available on the “Complaints and returns” site, placed in the footer of the page:

A) Information and circumstances concerning the subject of the complaint, in particular the type and date of the defect occurrence
B) Demanding the manner of bringing the Product to compliance with the Sales Agreement or statement on price reduction or withdrawal from the Sales Agreement
C) Contact details of the complainant – this will facilitate and accelerate the handling of the complaint by the Seller.

The requirements specified in this section are in the form of a recommendation only and do not affect the effectiveness of complaints made without the recommended description of the complaint.

8. In the case of Electronic Services, when submitting a complaint, it is recommended that the Customer provide a description of the complaint in the description of the complaint:

A) Information and circumstances concerning the subject matter of the complaint, in particular the type and date of occurrence of irregularities
B) Client’s demands
C) Contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the UpToU

The requirements specified in this section are in the form of a recommendation only and do not affect the effectiveness of complaints made without the recommended description of the complaint.

9. The Customer who executes the warranty rights is obliged to deliver the defective Product to the address at the expense of the Seller: UpToU Borowscy S.C. ul. Piwoniowa 11, 05-825 Opypy, Poland.

II. WITHDRAWAL FROM THE SALES AGREEMENT

1. The Customer has the statutory right to withdraw from the Sales Agreement concluded at a distance within 14 days from the date of its conclusion, subject to different provisions below, without giving reasons and without the need to justify its decision.

2. In order to withdraw from the Agreement, the Customer shall make a clear statement in this respect. For this purpose, the Client may use the FORM OF WITHDRAWAL FROM THE SALES AGREEMENT, the template of which can be found on the “Complaints and returns” site, located in the footer of the site. Withdrawal may be made:

A) By sending a declaration of withdrawal to the address: UpToU Borowscy S.C. ul. Piwoniowa 11, 05-825 Opypy, Poland
B) By e-mail to: biuro@uptou.pl In the case when the declaration of withdrawal is sent by e-mail, the UpToU will immediately send the Client a confirmation of receipt of the information on withdrawal to the Client’s e-mail address.

3. In order to keep the deadline for withdrawal, it is sufficient for the Client to send information concerning the execution of the right of withdrawal before the expiry of the deadline for withdrawal from the Agreement.

4. In the event of withdrawal from the Sales Agreement, the Agreement shall, as a rule, be deemed not to have been concluded.

5. Subject to the provisions of pt. 6 below, the UpToU shall return all payments made by the Customer immediately, no later than within 14 days of receiving the Customer’s statement on withdrawal from the Agreement (except for additional costs resulting from the method of delivery chosen by the Customer, other than the cheapest method of delivery of the Product available in the store). The UpToU reimburses the payment using the same payment method used by the Customer, unless the Customer has explicitly agreed to another method of reimbursement that does not involve any costs to the Customer. The UpToU may withhold the return of payments received by the Customer until the Customer returns the Product or provides the proof of sending it back, whichever comes first.

6. If the Customer has purchased several Products at a time and returns only a part of them, the UpToU will immediately, no later than 14 days after receiving the Customer’s declaration of withdrawal from the Agreement, return the amount equal to the purchase value of the returned Products. The cost of delivery in this case is not refundable.

7. The Consumer is obliged to return the Product to the Seller immediately, not later than within 14 calendar days from the day on which he withdrew from the contract, or to hand it over to the Seller or to the person authorized by the Seller to receive it, unless the Seller has offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiry.

8. The Consumer may return the Product to the address: UpToU Borowscy S.C. ul. Piwoniowa 11, 05-825 Opypy, Poland.

9. The Consumer shall be liable for any reduction in the value of the Product resulting from its use beyond what is necessary to establish the nature, characteristics and functioning of the Product

10. The consumer shall bear the direct costs of returning the Product.

III. PRODUCT EXCHANGE

1. Regardless of points VIII and IX of the Terms and Confitions, the Customer has the possibility to exchange the Ready Product for another Ready Product available in the UpToU Internet Shop within 14 days from the date of receipt of the Ready Product by the Customer. The Customer has the right to replace the Ready Product without giving any reason. In order to keep the deadline for exchange, it is sufficient to send the appropriate statement before its expiry. The declaration may be sent:

A) To the e-mail address: biuro@uptou.pl
B) To the address: UpToU Borowscy S.C. ul. Piwoniowa 11, 05-825 Opypy, Poland.

2. Replacement may be made with another Ready Product with the characteristics specified by the Customer subject to its availability in the Online Shop. In the event of a difference in price between the returned Ready Product and the Ready Product to be replaced, the Customer shall be obliged to pay the difference or the Seller shall reimburse the difference. The returned Ready Product should be in a condition which does not bear traces of use. The Customer is requested to return the Product to the address: UpToU Borowscy S.C. ul. Piwoniowa 11, 05-825 Opypy, Poland.

3. The direct cost of returning the Product shall be borne by the Buyer. The cost of sending a new Product to the Buyer shall be borne by the Seller. The Seller undertakes to replace the Product immediately, not later than 14 days from the date of receipt of the replaced Product by the Seller.