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Returns and Complaints
Right of withdrawal
1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in point 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the statement before the deadline expires. The statement of withdrawal from the contract may be submitted in writing to the address: ul. Kościuszki 26, 05-822 Milanówek or in electronic form via e-mail to the address: sklep@luma-milanowek.pl.
2. The consumer is obliged to return the product to the seller without undue delay, no later than 14 calendar days from the date on which they withdrew from the contract, to the address: ul. Kościuszki 26, 05-822 Milanówek.
3. A sample withdrawal form is provided in Annex 2 to the Consumer Rights Act and is also available in point 13 of the Terms and Conditions. The consumer may use the sample form, but is not obliged to do so.4. The withdrawal period begins on the day the order is received. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
4. The person filing a complaint may attach evidence (e.g., photos, documents, or the product itself) related to the subject of the complaint. The Seller may also request that the person filing the complaint provide additional information or submit evidence (e.g., photos) if doing so would facilitate and expedite the Seller's processing of the complaint.
5. The Seller is obliged to refund all payments made by the consumer—including the costs of product delivery (with the exception of additional costs resulting from a delivery method chosen by the consumer other than the cheapest standard delivery method available in the online store)—without undue delay and no later than 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract. The Seller shall make the refund using the same means of payment as that used by the consumer, unless the consumer has expressly agreed to a different method of reimbursement that does not entail any costs for them.
6. The consumer is liable for any diminished value of the product resulting from the use of the product in a manner going beyond what is necessary to establish the nature, characteristics, and functioning of the product.
7. If the consumer has chosen a delivery method other than the cheapest standard delivery method available in the online store, the seller is not obliged to reimburse the consumer for any additional costs incurred.
4. The person filing a complaint may attach evidence (e.g., photos, documents, or the product itself) related to the subject of the complaint. The Seller may also request that the person filing the complaint provide additional information or submit evidence (e.g., photos) if doing so would facilitate and expedite the Seller's processing of the complaint.
5. The Seller is obliged to refund all payments made by the consumer—including the costs of product delivery (with the exception of additional costs resulting from a delivery method chosen by the consumer other than the cheapest standard delivery method available in the online store)—without undue delay and no later than 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract. The Seller shall make the refund using the same means of payment as that used by the consumer, unless the consumer has expressly agreed to a different method of reimbursement that does not entail any costs for them.
6. The consumer is liable for any diminished value of the product resulting from the use of the product in a manner going beyond what is necessary to establish the nature, characteristics, and functioning of the product.
7. If the consumer has chosen a delivery method other than the cheapest standard delivery method available in the online store, the seller is not obliged to reimburse the consumer for any additional costs incurred.
Exception
Luma Milanówek stipulates that the products listed below, purchased from Luma Milanówek, are non-returnable:
Luma Milanówek stipulates that the products listed below, purchased from Luma Milanówek, are non-returnable:
- customized/personalized products, i.e., those featuring a requested initial, name, or other inscription directly on the product or packaging;
- made-to-order silk products, including solid-color silk scarves – details available in product descriptions;
- personal protective equipment, i.e., protective products such as all types of face masks and protective filters.
The right to withdraw from a distance contract does not apply to the consumer in the case of contracts:
(1) for the provision of services for which the consumer is obliged to pay a price, where the seller has fully performed the service with the consumer's express and prior consent, and the consumer was informed prior to the commencement of performance that, upon performance by the seller, they would lose the right of withdrawal, and acknowledged this; (2) where the price or remuneration depends on fluctuations in the financial market over which the seller has no control and which may occur before the expiry of the withdrawal period; (3) where the subject matter of the performance is a product—a movable item (including a movable item with digital elements)—that is non-prefabricated, manufactured according to the consumer's specifications, or intended to meet their individualized needs; (4) where the subject matter of the performance is a product—a movable item (including a movable item with digital elements)—that is liable to deteriorate rapidly or has a short shelf life; (5) where the subject matter of the performance is a product—a movable item (including a movable item with digital elements)—supplied in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) where the subject matter of the performance consists of products—movable items (including movable items with digital elements)—which, after delivery, are by reason of their nature inseparably mixed with other movable items, including movable items with digital elements; (7) where the subject matter of the performance consists of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days, and the value of which depends on market fluctuations over which the seller has no control; (8) where the consumer has specifically requested the trader to visit them for the purpose of carrying out urgent repairs or maintenance; if the trader provides services in addition to those specifically requested by the consumer or supplies goods—movable items (including movable items with digital elements)—other than replacement parts necessary to carry out the repairs or maintenance, the right of withdrawal applies to those additional services or goods; (9) for the supply of audio or video recordings or computer software supplied in a sealed package, if the package has been opened after delivery; (10) for the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts; (11) concluded at a public auction; (12) for the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering, or services related to leisure, entertainment, sports, or cultural events, if the contract specifies a specific date or period for the performance of the service; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay a price, if the trader has commenced performance with the consumer’s express and prior consent, the consumer was informed prior to the commencement of performance that they would lose their right of withdrawal upon performance by the trader and acknowledged this fact, and the trader provided the consumer with the confirmation referred to in Art. 15 para. 1 and 2 or Art. 21 para. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay a price, where the consumer has expressly requested the trader to visit them for the purpose of carrying out repairs, and the service has already been fully performed with the consumer’s express and prior consent.
The above provisions concerning consumers shall also apply, for contracts concluded on or after January 1, 2021, to a service recipient or customer who is a natural person concluding a contract directly related to their business activity, where the content of said contract indicates that it is not of a professional nature for that person—specifically regarding the subject matter of the business activity they conduct, as disclosed under the regulations governing the Central Register and Information on Economic Activity (CEIDG).
Condition of the Returned Product
1. The consumer should handle the product only in a manner necessary to ascertain its nature, characteristics, and functioning, to an extent comparable to how one would examine the product in a brick-and-mortar store.
2. The consumer is liable for any diminution in the value of the product resulting from use that goes beyond what is necessary for ordinary inspection or trying on.
3. A reduction in the value of the product may result, in particular, from:
a) wearing or using the product for a period longer than necessary to try it on;
b) soiling, staining, washing, or damaging the product, or leaving traces of perfume, cosmetics, smoke, or other signs of use on it;
c) removing, detaching, cutting, or damaging the label or other markings attached to the product, if this goes beyond what is necessary to examine the product or affects its value or the ability to offer it for sale again as a full-value product.
4. Removing the tag or the presence of other signs of use does not automatically result in the loss of the right to withdraw from the contract. However, the Seller may reduce the amount refunded to the consumer by a sum corresponding to the actual decrease in the product's value.
5. The amount of the reduction will be determined on a case-by-case basis, taking into account the nature and extent of the observed signs of use, the condition of the product, the degree of value depreciation, and the feasibility of offering the product for sale again.
Condition of the Returned Product
1. The consumer should handle the product only in a manner necessary to ascertain its nature, characteristics, and functioning, to an extent comparable to how one would examine the product in a brick-and-mortar store.
2. The consumer is liable for any diminution in the value of the product resulting from use that goes beyond what is necessary for ordinary inspection or trying on.
3. A reduction in the value of the product may result, in particular, from:
a) wearing or using the product for a period longer than necessary to try it on;
b) soiling, staining, washing, or damaging the product, or leaving traces of perfume, cosmetics, smoke, or other signs of use on it;
c) removing, detaching, cutting, or damaging the label or other markings attached to the product, if this goes beyond what is necessary to examine the product or affects its value or the ability to offer it for sale again as a full-value product.
4. Removing the tag or the presence of other signs of use does not automatically result in the loss of the right to withdraw from the contract. However, the Seller may reduce the amount refunded to the consumer by a sum corresponding to the actual decrease in the product's value.
5. The amount of the reduction will be determined on a case-by-case basis, taking into account the nature and extent of the observed signs of use, the condition of the product, the degree of value depreciation, and the feasibility of offering the product for sale again.
Out-of-court complaint handling and claim enforcement methods, and rules for accessing these procedures
1. A contact point operates under the authority of the President of the Office of Competition and Consumer Protection; its tasks include, among others, providing consumers with information regarding the out-of-court resolution of consumer disputes. Consumers may contact the point: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) via e-mail – by sending a message to the address: 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).
2. Consumers have the following exemplary options for utilizing out-of-court methods for handling complaints and pursuing claims: (1) an application for dispute resolution submitted to a permanent amicable consumer court; (2) an application for out-of-court dispute resolution submitted to the provincial inspector of the Inspectorate; or (3) assistance from a district (or municipal) consumer ombudsman or a social organization whose statutory objectives include consumer protection (e.g., the Consumer Federation or the Association of Polish Consumers). Advice is available via email at porady@dlakonsumentow.pl and via the consumer helpline at 801 440 220 (the helpline operates on business days from 8:00 a.m. to 6:00 p.m.; call charges apply according to the operator's tariff).
3. An online dispute resolution platform for disputes between consumers and traders at the EU level (the ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive, multilingual website serving as a single point of contact for consumers and traders seeking the out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts (further information is available on the platform itself or on the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).