The Service Provider requests that complaints regarding the Account be submitted to the postal or e-mail address indicated in § 2 of the Regulations.
The Service Provider will respond to the complaint within 14 days of receiving the complaint.
II PRIVILEGED SERVICE RECIPIENTS
The Service Provider is liable to the Privileged Service User for the compliance of the service with the contract, as provided for by generally applicable legal provisions, in particular the provisions of the Consumer Rights Act.
In the event of improper performance of the Account management agreement by the Service Provider, the privileged Service User may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
If the Service Provider fails to deliver the digital service, the Privileged Service User may request that the Service Provider deliver it. If, despite this, the Service Provider fails to deliver the digital service immediately or within an additional period expressly agreed upon by the Service Provider and the Privileged Service User, the Privileged Service User may withdraw from the Account agreement.
A privileged service user may withdraw from the Account management agreement without requesting the provision of a digital service if:
it is clear from the Service Provider's statement or circumstances that he will not provide the digital service or
The Privileged Service User and the Service Provider have agreed, or it clearly follows from the circumstances of concluding the Account management agreement, that the specified deadline for delivery of the digital service was of significant importance to the Privileged Service User and the Service Provider did not deliver it within that deadline.
The Service Provider is liable for any lack of compliance with the Account Management Agreement for a digital service provided on a continuous basis, which occurred or became apparent at the time when the service was to be provided in accordance with this Agreement.
If a digital service is inconsistent with the Account agreement, the privileged Service User may request that it be brought into compliance with this agreement.
In the event of non-compliance of the digital service with the Account agreement, the Privileged Service User is obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means for him, in order to determine whether the non-compliance of the digital service with the Account agreement in a timely manner results from the characteristics of the Privileged Service User's digital environment.
Additionally, if the digital service is inconsistent with the Account management agreement, the privileged Service User may submit a declaration of withdrawal from this agreement when:
bringing the digital service into compliance with the Account management agreement is impossible or requires excessive costs pursuant to Article 43m, paragraphs 2 and 3 of the Consumer Rights Act;
The Service Provider has not brought the digital service into compliance with the Account Agreement within a reasonable time from the moment the Service Provider was informed by the Privileged Service User about the lack of compliance with this Agreement, and without excessive inconvenience to the Privileged Service User, taking into account the nature and purpose of the digital service for which it is used;
the lack of compliance of the digital service with the Account management agreement persists, even though the Service Provider has attempted to bring the digital service into compliance with that agreement;
the lack of conformity of the digital service with the Account management agreement is so significant that it justifies withdrawal from the Account management agreement without prior use of the protection measure specified in Article 43m of the Consumer Rights Act (i.e. requesting that the digital service be brought into conformity with the agreement);
it is clear from the Service Provider's statement or circumstances that he will not bring the digital service into compliance with the Account agreement within a reasonable time or without excessive inconvenience to the Privileged Service User.
III. OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND SEEKING CLAIMS
The Service Provider informs the Consumer about the possibility of using out-of-court complaint and redress procedures. Rules for accessing these procedures are available at the offices or on the websites of entities authorized to provide out-of-court dispute resolution. Consumers may use, among other options:
Assistance from the appropriate European Consumer Centre from the European Consumer Centre Network. These centres provide information on consumer rights and help resolve disputes in cross-border purchases. Assistance from European Consumer Centres is generally free of charge. A list of relevant consumer centres for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
Additionally, in the Republic of Poland you can use the following forms of support:
Mediation is conducted by the relevant Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the proceedings are free of charge. A list of inspectorates can be found here: https://uokik.gov.pl/kontakt-kontrola-handlowa
assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-kontrola-handlowa
The previous provision is for informational purposes only and does not constitute an obligation for the Service Provider to use extrajudicial dispute resolution methods.
The use of out-of-court complaint and redress procedures is voluntary for both the Service Provider and the Consumer.
The consumer may also benefit from free assistance from the municipal or district consumer ombudsman.