I.    Product Complaints – warranty

1. All Products offered in our store are brand new and come from a reliable source.
2. Diabetyk24 is liable to the Buyer under the terms of Art. 556 - 576 of the Civil Code for physical and legal defects of the Products (warranty). The buyer, on the terms set out in the above provisions, has the right to demand, respectively: removal of the defect, replacement of the item with one free from defects, price reduction or may withdraw from the contract.
3. If there is no other information in the Product description, the Products are not covered by the seller's warranty within the meaning of Art. 577 of the Civil Code, but the seller transfers guarantees provided by the producers of the Products.
4.  Complaints regarding the Products should be sent by e-mail to the following e-mail address: sklep@diabetyk24.pl or by post to the following address: Diabetyk24 Sp. z o.o., ul. Traktorzystów 28D, 02-495 Warsaw. Complaints will be considered within 14 days of their receipt, and if it is not possible, the Seller will, within this period, inform the Buyer of the planned time for considering the complaint.
5. If the complaint is considered justified, the Store shall immediately, but with taking into account the specifics of the request, remove the defect, replace the item with one free from defects or return the payment in whole or in part to the bank account indicated by the Buyer.
6. If the complaint is accepted, the Buyer will also be refunded the reasonable costs of returning the goods in the amount not higher than the costs incurred by the Buyer. The Seller also bears the costs of re-sending the goods to the Buyer.
7. If the complaint is rejected, the Buyer may use the help of the municipal or local consumer ombudsman, provincial inspectorate of the Trade Inspection or one of the social organizations whose statutory tasks include consumer protection, e.g. the Consumer Federation. Detailed information on extrajudicial methods of dealing with complaints and redress is available at the offices or on the websites of consumer ombudsmen, provincial inspectorates of the Trade Inspection, relevant social organizations and at the addresses available on the website of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/home.php.
8. If the complaint is rejected, the Buyer may use out-of-court proceedings to resolve the dispute. The entity competent to conduct such proceedings is the Provincial Inspector of Trade Inspection in Warsaw, whose website is available at: http://www.wiih.org.pl/.

II.    The right to withdraw from the Contract

1. Each customer has the right to withdraw from the sales contract concluded with the use of the Online Store's tools within 14 days of receiving the ordered Products - without giving any reason, subject to points 7-9 below.
2. The deadline to withdraw from the contract expires after 14 days from the date of receipt of the Products, i.e. from the date on which the Buyer, or a third party other than the carrier and indicated by the Buyer, came into possession of the Products.
3. To exercise the right to withdraw from the contract, the Buyer must inform the Store in writing about the withdrawal from the contract by submitting a statement of withdrawal and attaching a written statement to the parcel containing the returned Product.
4. The Buyer may use the template of the form indicated in point IV below, but it is not obligatory to use it in for the withdrawal to remain effective, provided that its content indicates an unconditional and unequivocal will of the Buyer to withdraw from the contract.
5. To meet the contract withdrawal deadline, it is enough for the Buyer to send a statement of withdrawal before the deadline for withdrawing from the contract.
6. The Buyer, in accordance with Art. 38 of the Consumer Rights Act, has no right to withdraw from a contract when it comes to:
• a)    a product delivered in a sealed package, which, once opened, cannot be returned for reasons such as health protection or hygiene;
• b)    an item that deteriorates quickly or has a short use-by date.
7. Pursuant to § 3 point 8 of the Regulation of the Minister of Health of March 26, 2015 on mail order sale of medicinal products (i.e. Journal of Laws of 2015, item 481), the provisions of the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827) shall not apply.
8. The Buyer is not entitled to withdraw from the contract which contains medicinal products and medical devices. A medicinal product or a medical device may be, pursuant to Art. 96 sec. 7 of the Pharmaceutical Law of September 6, 2001 (i.e. Journal of Laws of 2008, No. 45, item 271, as amended), returned only due to a quality defect, improper distribution or counterfeiting of a medicinal product.

III.    Consequences of contract withdrawal

1. In the event of withdrawal from the sales contract concluded in the Online Store pursuant to point II paragraph 1 above - the Store will provide the Buyer with a refund in the amount corresponding to the gross price of the Products indicated in the Statement of withdrawal. The store does not reimburse the additional shipping costs incurred by the Buyer, if the Buyer has chosen a method of delivery other than the cheapest standard delivery method offered by Diabetyk24.
2. Submitting a declaration of withdrawal without returning the Product covered by the withdrawal - does not have any legal effects.
3. Products should be sent back or returned to the following address: Diabetyk24 Sp. z o.o., Traktorzystów 28D Street, 02-495 Warszawa, Monday to Friday from 8:00 to 18:00.
4. The Buyer bears the costs of returning or sending back the Products.
5. The Store does not accept COD shipments.
6. The refund of the amount due following the withdrawal from the Contract will be made within 14 days from the Store receiving the declaration of withdrawal along with the Product. It will be made by transfer to the bank account indicated by the Buyer on the withdrawal form, and in the event of failure to indicate the account number - to the account from which payment for the Product has been made.
   If it is impossible to establish an account for the return, the Store will contact the Buyer to determine the return method.
7. If the Product had a warranty card - the Buyer is obliged to send the Product back together with the warranty card.
8. If the Product was purchased under a promotional program - any discounts granted on other Products in connection with the purchase of the Product being returned - will be deducted.
9. The Buyer is responsible only for the decrease in the value of the Product resulting from the use of the Product in a different way than was necessary to establish the nature, characteristics and functioning of the item.

IV.    Complaints about Eversense transmitters and sensors

1. Complaints concerning Eversense transmitters and sensors (collectively referred to as "Products" and separately as "Product") are considered directly by Ascensia Diabetes Care Poland sp. Z o.o. ("Ascensia"), who grants the warranty for the Products specified in the Civil Code.
2. The product used differently from its proper use, indicated in the leaflet attached to the Product, is not covered by the warranty or guarantee.
3. All complaints should be presented together with the Product purchase receipt (Order Confirmation or the relevant invoice).
4. The customer should submit the complaint to the Ascensia Customer Service Department:
• by phone + 48 22 372 72 20 int. 4 from Monday to Friday from 9.00 a.m. - 5.00 p.m., or
• by e-mail to the eversense.pl@ascensia.com address.
5.  Ascensia will carry out an inspection to check the quality of the Product (its possible defect) or the discrepancies between the Product and the Order and will inform the Customer about the method of handling the complaint by e-mail to the address provided during registration on the website within 14 days from the date of filing the complaint.
6. In the event of a defect in the Product or its inconsistency with the Order, Ascensia will cover the shipping costs connected to the return of the Product and without charging the Customer with any additional costs - will handle the complaint submitted:
• a) under the warranty, as requested by the Customer, consisting of the replacement of the Product with a new one or withdrawal from the contract if the Product defect is significant; or
• b) under the guarantee, as requested by the Customer, in the case of:
• (i) a transmitter - replacement of the product with a new one in accordance with the terms of the manufacturer's limited guarantee included with the Product;
• (ii) sensor - if the defect of the Product occurred during use by the Customer, and within 180 days from the start of use by the Customer, Ascensia, through Diabetyk24, will refund the Customer proportionally to an amount equal to the number of days remaining until the end of 180 days of using the Product, and during which the Customer could not use the Product due to its defect.

In the event of replacement of the Product with a new one or withdrawal from the contract - the ownership of the defective Product shall be transferred back to Ascensia.

V.    Complaints about reimbursed Abbott's FreeStyle Libre sensors

1. Complaints are dealt with directly by Abbott, who grants a warranty on the Products specified in the Civil Code. Abbott is liable under the warranty if a physical or legal defect is found within 2 (two) years from the date of delivery of the Product to the Customer.
2. The product used differently from its proper use, indicated in the leaflet attached to the Product, is not covered by the warranty or guarantee.
3. All complaints should be presented together with the Product purchase receipt (Order Confirmation or the relevant invoice).
4. The customer should submit the complaint:
• by post (Abbott Laboratories Poland Sp. z o.o. with headquarters in Warsaw, ul. Postępu 21B, 02-676 Warsaw),
• by phone (800 222 688 Monday-Friday 8: 00-17: 00), or
• by email to Abbott Customer Service dok.adc@abbott.com.
5. Abbott firm will promptly notify the Customer of the manner in which the Product must be returned or made available to Abbott, unless it has been delivered with the complaint form.
6. Abbott will carry out an inspection to check the quality of the Product and the actual discrepancies between the Product and the Order and will inform the Customer about the method of handling the complaint by e-mail to the address provided during registration on the website within 14 days from the date of filing the complaint (i.e. from the date of delivery of the product to Abbott).
7. In the event of a discrepancy between the Product and the Order, Abbott will refund the Customer for the shipping costs incurred in connection with the return of the Product and without charging the Customer with any additional costs - will handle the complaint submitted:
• a)    under the warranty: replacement of the Product with a new one, repair of the Product, reduction of the Product price, withdrawal from the contract if the Product defect is significant; in accordance with the client's request,
• b)    under the guarantee: replacement of the Product.
  In the event of replacement of the Product with a new one or withdrawal from the contract - ownership of the defective Product shall be transferred back to Abbott.
8. Readers are covered by a two-year Abbott guarantee.
9. FreeStyle Libre sensors are not covered by the guarantee. When making a complaint based on the rights under the warranty for physical defects of the FreeStyle Libre sensor, remember that the sensor's validity period is up to 14 days. This is a maximum period, not a minimum period. Abbott is liable under the warranty for physical defects that existed at the time the danger passed on to the buyer or that arose from a cause inherent in the item sold at that time. Damage to the FreeStyle Libre sensor as a result of improper use by the Customer shall not constitute grounds for a complaint.

VI.    Model withdrawal form

To: Diabetyk24 Sp. z o.o., ul. Traktorzystów 28D, 02-495 Warsaw, sklep@diabetyk24.pl

• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following items (*)/ contract for the supply of the following items (*)/ contract work involving the performance of the following things (*)/ for the provisions of the following service (*)
• Ordered on (*)/received on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this from is notified on paper)
• Date

(*) Delete as appropriate.