Complaints and returns

§1. General provisions

This page describes the basic rules for submitting complaints, withdrawing from a contract, returning products and handling chemical products purchased through the ChemFun online store.

The ChemFun website and product catalogue are intended primarily for business customers, including entrepreneurs, companies, laboratories, institutions and other entities that use chemical products in their professional activities.

Where ChemFun allows a consumer or a sole trader entitled to certain consumer rights to enter into a contract, the relevant consumer provisions set out on this page and the applicable mandatory provisions of law also apply.

The provisions of this page do not exclude or limit any rights granted to consumers under mandatory provisions of law.

Chemical products may require special packaging, storage, transport and handling procedures in the event of damage, leakage, loss of seal or spillage.

§2. Customer status

The rules governing complaints and returns depend, among other things, on the status of the person or entity placing the order.

1. Consumer

A consumer is a natural person entering into a legal transaction with an entrepreneur that is not directly related to the person’s business or professional activity.

2. Sole trader entitled to certain consumer rights

Certain consumer rights may also apply to a natural person entering into a contract directly related to their business activity where the contract is not of a professional nature for that person.

3. Business customer

A business customer is an entrepreneur or another entity purchasing products in connection with business, professional, statutory or institutional activity and not benefiting from specific consumer rights in the relevant transaction.

In business relationships, complaint and return rules may arise from the terms and conditions, an offer, order confirmation, an individual agreement, business correspondence and applicable law.

§3. Contact details for complaints and returns

Complaints, withdrawal statements and requests concerning returns may be submitted using the following details:

The recommended form of notification is an e-mail sent to: office@chemfun.pl .

The subject line should preferably include one of the following:

• Complaint, order number,
• Withdrawal from contract, order number,
• Business return, order number.

Telephone contact may help to determine a safe procedure, but it does not replace submitting a complaint or withdrawal statement in a form that allows its content to be recorded.

§4. Consumer complaints

A consumer may submit a complaint if the delivered product does not conform to the contract.

A lack of conformity may include, in particular:

1. receiving a product different from the product ordered,
2. receiving an incorrect quantity of the product,
3. the product lacking agreed properties,
4. damage to the product or its packaging,
5. missing components or documents included in the order,
6. the product not being suitable for an agreed purpose,
7. the product not matching a description, sample or model where applicable,
8. another form of incorrect order fulfilment.

Complaints should be submitted to ChemFun as the seller. Where a manufacturer or another entity has provided a separate guarantee, the consumer may also exercise the rights resulting from that guarantee.

Exercising rights under a guarantee does not exclude the consumer’s rights against ChemFun resulting from a lack of conformity of the product with the contract.

§5. How to submit a complaint

A complaint may be submitted in any form that allows its content to be determined. The recommended form is an e-mail sent to: office@chemfun.pl .

To help ChemFun process the complaint efficiently, the customer should provide, where possible:

1. the customer’s full name or company name,
2. e-mail address and telephone number,
3. order number,
4. date of purchase or delivery,
5. name of the product concerned,
6. CAS number, where available,
7. batch number, where available,
8. quantity of the product concerned,
9. a description of the lack of conformity,
10. the date on which the issue was noticed,
11. the requested method of resolving the complaint,
12. photographs of the product, label and packaging, where helpful,
13. information about storage and use where relevant to the complaint.

The absence of a receipt or invoice does not automatically prevent a complaint from being submitted where the purchase can be proved in another way.

Missing supporting information does not deprive a consumer of the right to submit a complaint. ChemFun may, however, request additional information where it is necessary to assess the complaint.

§6. Time limit for responding to a consumer complaint

ChemFun responds to a consumer complaint within 14 days from the date on which the complaint is received.

Where ChemFun does not respond within that period, the complaint is considered accepted to the extent resulting from applicable law.

The response is provided on paper or another durable medium, in particular to the e-mail address provided by the consumer.

Before responding, ChemFun may request additional information or materials necessary to assess the complaint. This does not affect the response time resulting from mandatory provisions of law.

§7. Consumer rights in the event of a lack of conformity

1. Repair or replacement

Where a product does not conform to the contract, the consumer may request that it be repaired or replaced.

ChemFun may replace the product where the consumer requests repair, or repair the product where the consumer requests replacement, if bringing the product into conformity in the manner selected by the consumer is impossible or would require excessive costs.

Where both repair and replacement are impossible or would require excessive costs, ChemFun may refuse to bring the product into conformity with the contract.

Repair or replacement is carried out within a reasonable time and without excessive inconvenience to the consumer, taking into account the nature of the product and the purpose for which it was purchased.

The costs of repair or replacement are borne by ChemFun to the extent required by applicable law.

2. Price reduction or withdrawal from the contract

The consumer may submit a statement requesting a price reduction or withdrawal from the contract in the situations provided for by applicable law, including where:

1. ChemFun has refused to repair or replace the product,
2. ChemFun has failed to bring the product into conformity,
3. the lack of conformity continues despite an attempted repair or replacement,
4. the lack of conformity is sufficiently serious to justify an immediate price reduction or withdrawal,
5. the circumstances indicate that ChemFun will not bring the product into conformity within a reasonable time or without excessive inconvenience.

The reduced price should remain proportionate to the difference between the value of a conforming product and the value of the product received by the consumer.

The consumer may not withdraw from the contract where the lack of conformity is insignificant.

§8. Complaints submitted by business customers

A business customer may submit a complaint concerning, in particular:

1. a product not conforming to the confirmed order,
2. delivery of an incorrect product or quantity,
3. damage to the product or packaging,
4. missing agreed documentation,
5. another form of incorrect order fulfilment.

The rules governing liability towards a business customer may arise from an individual agreement, offer, order confirmation, business correspondence, the terms and conditions and applicable law.

ChemFun may request additional information from a business customer, including:

1. the batch number,
2. photographic documentation,
3. information about storage conditions,
4. information about how the product was used,
5. a product sample, where it can be transferred safely and this has been agreed,
6. other information required to assess the complaint.

A voluntary return by a business customer of a product that conforms to the order requires prior agreement with ChemFun, unless the right of return results from the contract or mandatory provisions of law.

§9. Damage during transport

Where a shipment is delivered in a condition indicating damage, the customer should inspect it upon delivery where possible.

Where damage is identified, it is advisable to:

1. take photographs of the external packaging,
2. take photographs of the shipping label,
3. take photographs of the internal packaging and the product,
4. retain the packaging and protective materials,
5. prepare a damage report where the carrier provides such an option,
6. contact ChemFun as soon as possible.

The absence of a damage report does not exclude a consumer’s right to submit a complaint to ChemFun.

Where the consumer selected a delivery method offered by ChemFun, a complaint concerning transport damage may be submitted directly to ChemFun. Contact with the carrier does not replace a complaint submitted to the seller.

In the event of leakage, spillage, loss of seal or damage to the packaging of a chemical product, the shipment must not be returned independently using a standard courier service.

§10. Right to withdraw from a distance contract

A consumer who has entered into a distance contract may generally withdraw from it without giving a reason within 14 days, subject to the exceptions provided for by applicable law.

For a contract concerning the sale of a single product, the period begins on the day on which the consumer or a person designated by the consumer, other than the carrier, takes possession of the product.

Where one order includes several products delivered separately, in batches or in parts, the period begins when the final product, batch or part is received.

To meet the deadline, it is sufficient to send the withdrawal statement before the deadline expires.

The withdrawal statement may be submitted:

• by e-mail to office@chemfun.pl ,
• in writing to: ChemFun Krzysztof Marek, Piekarska 130, 43-300 Bielsko-Biała, Poland.

The consumer may use the form provided later on this page, but use of the form is not mandatory.

Providing ChemFun with the information required to arrange the safe transport of a chemical product is not a condition for submitting an effective withdrawal statement.

§11. Effects of withdrawal from the contract

Where a consumer effectively withdraws from a distance contract, the contract is treated as not having been concluded.

ChemFun refunds the payments received from the consumer, including the cost of the least expensive standard delivery method offered for the relevant order.

Where the consumer selected a delivery method more expensive than the least expensive standard method offered by ChemFun, ChemFun is not required to refund the additional cost resulting from that choice.

The refund is made no later than 14 days from the date on which ChemFun receives the withdrawal statement.

ChemFun may withhold the refund until the product is returned or until the consumer provides proof of return, whichever occurs first.

The refund is made using the same payment method used by the consumer, unless the consumer expressly agrees to another method that does not result in additional costs.

The consumer should return the product without undue delay and no later than 14 days from the date of withdrawal from the contract.

§12. Condition of a returned product

A consumer may inspect a product to the extent necessary to establish its nature, characteristics and functioning.

The consumer is liable for any reduction in the value of the product resulting from use beyond what is necessary to establish its nature, characteristics and functioning.

When assessing the condition of a returned chemical product, the following may be relevant:

1. the condition and tightness of the packaging,
2. the condition of closures and safety seals,
3. the presence of the original label,
4. the batch number,
5. the remaining quantity of the product,
6. whether the product has been contaminated,
7. whether it has been mixed with another substance,
8. whether it has been transferred to another container,
9. the storage conditions after delivery.

The absence of the original packaging does not automatically exclude the right of withdrawal, but the condition of the product and the way in which it was used may affect liability for a reduction in value.

§13. Exceptions to the right of withdrawal

The right of withdrawal may not apply in the situations specified by applicable law.

Depending on the nature of the product or order, this may include contracts concerning:

1. non-prefabricated products manufactured according to the consumer’s specifications or intended to satisfy individual needs,
2. products liable to deteriorate rapidly or having a short shelf life,
3. products supplied in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, where the packaging was opened after delivery,
4. products which, after delivery and due to their nature, become inseparably combined with other items.

The fact that a product is a chemical substance or that its packaging has been opened does not automatically result in the loss of the right of withdrawal. Each case must be assessed in accordance with applicable law and the nature of the specific product.

Information concerning an exception to the right of withdrawal applicable to a specific product should be provided to the consumer before the contract is concluded.

§14. Safe return of chemical products

Chemical products may require special packaging, labelling, storage and transport arrangements.

Before returning a chemical product, the customer should inform ChemFun:

1. which product is to be returned,
2. how much product remains in the packaging,
3. whether the packaging has been opened,
4. whether the product has been used,
5. whether the product has been transferred or mixed with another substance,
6. whether the packaging is sealed and undamaged,
7. whether any damage, leakage, spillage or loss of seal has occurred,
8. whether the original label and batch number remain visible,
9. whether the product has been stored in accordance with the information provided.

This information is required solely to determine a safe transport procedure and is not a condition for submitting a complaint or effectively withdrawing from the contract.

A product must not be sent independently using a standard delivery service where:

1. the packaging is damaged or leaking,
2. leakage or spillage has occurred,
3. the product has been transferred to another container,
4. the product may require special transport conditions,
5. the safety data sheet or labelling indicates transport restrictions,
6. there are doubts about how to prepare the shipment safely.

In such cases, ChemFun will provide further instructions or agree an appropriate collection or transport procedure.

Chemical products must not be disposed of through drains, household waste or into the environment. They must be handled in accordance with product documentation and applicable safety requirements.

§15. Product return procedure

A product must be secured in a manner appropriate to its properties and the type of transport.

Where applicable, the return shipment should contain:

1. the returned product,
2. information allowing the order to be identified,
3. the details of the person or company making the return,
4. a copy or reference number of the earlier notification,
5. documents required for safe transport, where applicable.

The return address and transport method should be agreed with ChemFun where the product requires special transport conditions or cannot be safely returned using a standard delivery service.

Agreeing the transport method does not mean that the customer must obtain ChemFun’s consent to submit a complaint or withdraw from the contract.

ChemFun may refuse to accept a shipment that presents a direct risk to people, property or the environment where the product was sent in breach of applicable safety or transport requirements. This does not exclude the obligation to continue processing a properly submitted complaint or withdrawal.

§16. Costs of returning a product

1. Withdrawal from the contract

The consumer bears the direct cost of returning the product after withdrawing from the contract, provided that the consumer was properly informed of this before the contract was concluded and applicable law does not provide otherwise.

Where, due to its nature, a product cannot be returned using a standard delivery service, information about the cost or the method of calculating that cost should be provided to the consumer before the contract is concluded.

2. Justified consumer complaint

The costs of repair, replacement, collection or transport connected with a justified consumer complaint are borne by ChemFun to the extent required by applicable law.

3. Business customers

In business relationships, the settlement of complaint, return transport, replacement or voluntary return costs is governed by the agreement, terms and conditions, order confirmation, individual arrangements or applicable law.

A business customer should not send a product at ChemFun’s expense without first agreeing the transport method, unless such a right results directly from the agreement or applicable law.

§19. Personal data

Personal data provided in connection with a complaint, withdrawal or return is processed in particular for the purpose of:

1. receiving and assessing the request,
2. contacting the customer,
3. carrying out a repair, replacement or refund,
4. complying with legal and accounting obligations,
5. establishing, pursuing or defending legal claims,
6. ensuring the safe transport of chemical products.

Detailed information concerning the processing of personal data is available in the ChemFun Privacy Policy .

§20. Final provisions

Matters not regulated on this page are governed by the online store terms and conditions, individual arrangements between the parties and applicable law.

Where this document conflicts with mandatory provisions of law, the relevant legal provisions take precedence.

ChemFun may update this document in the event of changes to the law, sales model, product range, delivery methods, safety procedures or store functionality.

Amendments to this document do not affect rights acquired under contracts concluded before the amendments entered into force.

Questions concerning complaints, withdrawal from a contract or returns may be submitted to ChemFun at: office@chemfun.pl .