Product complaint

Complaint due to non-compliance of the Product with the contract.

1. The basis and scope of the Seller's liability towards the Customer who is a Consumer for non-compliance of the Product with the contract are specified in the Consumer Rights Act of May 30, 2014.

2. The basis and scope of the Seller's liability towards the Customer who is an Entrepreneur under the warranty are specified in the Civil Code of April 23, 1964.

3. The Seller is liable to the Customer who is a Consumer for any lack of conformity of the Product with the contract existing at the time of delivery of the Product and revealed within 2 years from that moment, unless the shelf life of the Product specified by the Seller or persons acting on its behalf is longer.

4. Notifications of non-compliance of the Product with the contract and the submission of the relevant request may be made by e-mail to the following address: contact@enjoyandplay.com

5. The above message, in written or electronic form, should provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Seller,

6. In order to assess the irregularities and non-compliance of the Product with the contract, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at its own expense.

7. The Seller shall respond to the Customer's request immediately, no later than within 14 days from the date of filing the complaint,

8. in the case of a complaint by a Customer who is a Consumer, failure to consider the complaint within 14 days of its filing shall be tantamount to its acceptance,

9. in connection with a justified complaint by a Customer who is a Consumer, the Seller shall, as appropriate: cover the costs of repair or replacement and redelivery of the Product to the Customer, reduce the price of the Product (the reduced price must be in proportion to the price of the goods in accordance with the contract to the goods not in accordance with the contract) and refund the reduced price to the Consumer within 14 days of receiving the Consumer's statement of price reduction. If the Consumer withdraws from the contract, the Seller shall refund the price of the Product within 14 days of receiving the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer is obliged to return the goods to the Seller immediately at the Seller's expense.

10. The response to the complaint shall be provided on paper or another durable medium, e.g. by email or SMS.

Right to withdraw from the contract

1. Subject to point 10 of this paragraph, a Customer who is also a Consumer who has concluded a distance contract may withdraw from it without giving reasons by submitting an appropriate statement within 14 days.

2. In the event of withdrawal from the contract, the Sales Contract shall be deemed not to have been concluded and the Consumer shall be obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but not later than 14 days from the date on which he withdrew from the contract, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to send the Product back before its expiry.

3. In the event of withdrawal from the Sales Agreement, the Product should be returned to 

4. The Consumer shall be liable for any reduction in the value of the Product resulting from its use in a manner exceeding that necessary to establish the nature, characteristics and functioning of the Product, unless the Seller failed to inform the Consumer or the entity referred to in § 10 about the manner and deadline for exercising the right to withdraw from the contract and did not provide them with a model withdrawal form. In order to determine the nature, characteristics and functioning of the Products, the Consumer should handle the Products and inspect them only in the same way as they could in a brick-and-mortar store.

5. Subject to points 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with the delivery costs using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of refund which does not involve any costs for the Consumer. Subject to point 7 of this paragraph, the refund shall be made immediately, and at the latest within 14 days of the Seller receiving the statement of withdrawal from the Sales Agreement.

6. If the Consumer has chosen a method of delivery of the Product other than the cheapest standard method of delivery offered by the Store, the Seller shall not be obliged to reimburse the additional costs incurred by the Consumer.

7. If the Seller has not offered to collect the Product from the Consumer himself, he may withhold the refund of payments received from the Consumer until he receives the goods back or proof of their return, whichever occurs first.

8. The Consumer withdrawing from the Sales Agreement in accordance with point 1 of this paragraph shall only bear the costs of returning the Product to the Seller.

9. The fourteen-day period during which the Consumer may withdraw from the contract shall be counted for a contract under which the Seller delivers the Product and is obliged to transfer its ownership, from the day on which the Consumer (or a third party designated by the Consumer, other than the carrier) took possession of the Product.

10. The right to withdraw from a contract concluded outside the business premises or at a distance is not available to the consumer in relation to contracts: 13) for the supply of digital content which is not recorded on a tangible medium, if the performance of the service began with the consumer's express consent
explicit consent of the consumer before the expiry of the withdrawal period and after the entrepreneur has informed him of the loss of the right of withdrawal.

11. The right to withdraw from a distance contract is not available to the Consumer in the case of a Sales Contract, inter alia, where the subject of the service is a non-prefabricated product, manufactured according to the Consumer's specifications or serving to satisfy his individual needs.

12. The right to withdraw from the Sales Agreement is vested in both the Seller and the Customer in the event of failure by the other party to the agreement to perform its obligation within a strictly specified time limit.