Refunds and complaints
If you have chosen the wrong size of our FitCrank crank or it does not meet your expectations, you can exchange or return our product within 14 days from the date of receipt.
Just fill out the correct form and send it back with the product to our address:
AKM FACTORY Sp. z o.o.
ul. Krakowska 96B
32-650 Kęty
- All Products sold through the Shop are covered under the manufacturer’s warranty (manufacturer/seller) which is applicable in the territory of the Republic of Poland,
- The warranty period for the Products sold through the Shop is up to 24 months and is counted from the date of delivery of the Product to the Customer,
- The document entitling to warranty protection is the warranty card or proof of purchase,
- guarantor’s data, detailed information about the goods covered by the warranty, data regarding the duration and conditions of the warranty, as well as the Customer’s rights under the warranty – included in the warranty card attached to the Product or available on the Store’s website,
- The warranty does not exclude the rights of the Consumer and the entities referred to in § 10 of the Terms and Conditions, resulting from the warranty for physical and legal defects of the Product, specified in the Civil Code.
- All Products sold through the Shop are covered under the manufacturer’s warranty (manufacturer/seller) which is applicable in the territory of the Republic of Poland,
- The warranty period for the Products sold through the Shop is up to 24 months and is counted from the date of delivery of the Product to the Customer,
- The document entitling to warranty protection is the warranty card or proof of purchase,
- guarantor’s data, detailed information about the goods covered by the warranty, data regarding the duration and conditions of the warranty, as well as the Customer’s rights under the warranty – included in the warranty card attached to the Product or available on the Store’s website,
- The warranty does not exclude the rights of the Consumer and the entities referred to in § 10 of the Terms and Conditions, resulting from the warranty for physical and legal defects of the Product, specified in the Civil Code.
- The basis and scope of the Seller’s liability towards the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for the non-compliance of the Product with the contract are specified in the Act on Consumer Rights of May 30, 2014,
- The basis and scope of the Seller’s liability towards the Customer who is an Entrepreneur, referred to in § 9 under the warranty, are specified in the Civil Code of April 23, 1964,
- The Seller is liable to the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for the 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 expiry date of the Product specified by the Seller or persons acting in his name is longer,
- Notice of non-compliance of the Product with the contract and all demands should be submitted via email to the following address: info@fitcrank.com or in writing to the following address: Krakowska 96B, 32-650 Kęty,
- The notice, submitted electronically, should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details Providing all necessary data will speed up the complaint-handling process.
- For the assessment of irregularities and non-compliance of the Product with the contract, the Consumer or the entity referred to in § 10 of the Terms and Conditions are obliged to make the Product available to the Seller, and the Seller is obliged to collect it at his own expense.
- A response to the Customer’s demand shall be sent promptly and, in any event, no later than within 14 days following the date of receipt.
- In the case of complaints submitted by consumer Customers or the entity referred to in § 10 of the Terms and Conditions – the Seller’s failure to consider the Customer’s complaint within 14 days of its receipt shall be construed as tantamount to a decision in the Customer’s favour.
- The Customer or the entity referred to in § 10 of the Terms and Conditions may first demand that the Product be replaced or repaired by the Seller. The Customer may demand a price reduction and withdrawal from the contract only in the cases specified in the Act on Consumer Rights of 30 May 2014 (e.g. when the non-conformity of the goods with the contract is significant, when the Seller refused to bring the goods into compliance with the contract or if the lack of conformity of the goods with the contract persists despite the fact that the seller has tried to bring the goods into conformity with the contract).
- in connection with a justified complaint of a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, the Seller, respectively:
- covers the costs of replacing or repair and re-delivering the Product to the Consumer,
- reduces the price of the Product (the reduced price must remain in the proportion of the price of the goods in accordance with the contract to the goods not in accordance with the contract) and returns the value of the reduced price to the Consumer or the entity referred to in § 10 no later than within 14 days of receiving the authorized statement of this Consumer or the entity referred to in § 10 to reduce the price,
- in the case of authorized withdrawal from the contract by the Consumer or the entity referred to in § 10 – returns the price of the Product to them no later than 14 days from the date of receipt of the returned goods or proof of its return. In the event of withdrawal from the contract, the Consumer or the entity referred to in § 10 is obliged to immediately return the goods to the Seller at the Seller’s expense.
- The response to the complaint is provided on paper or other durable medium, e.g. e-mail or SMS.
- With the reservation of point 10 of this paragraph Consumer Customers or the entity referred to in § 10 of these Terms and Conditions, have the right to withdraw from a distance agreement within 14 days without giving any reason for the withdrawal. To exercise the right of withdrawal the consumer Customer must notify the Seller of his decision to withdraw from the agreement by an unequivocal statement (e.g. by submitting the model withdrawal statement provided by the Seller).
- In the case of withdrawal from a Seles Agreement, the agreement is considered null and void. In case of a withdrawal from the Agreement, the Customer or the entity referred to in § 10 of these Terms and Conditions, must return the Product to the Seller or any person authorised by the Seller without delay and no later than within 14 days from the date of withdrawal from the Agreement, unless the Seller offered to collect the Product from the Customer. To comply with the time limit it is sufficient that the Product is dispatched on time.
- In case of withdrawal from a Sales Agreement the Product should be sent to the following address: Krakowska 96B, 32-650 Kęty
- The Consumer or the entity referred to in § 10 of the Terms and Conditions are liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product, unless the Seller has not informed the Consumer or the entity about referred to in § 10 Terms and Conditions on the manner and time limit for exercising the right to withdraw from the contract and the template of the withdrawal form. In order to determine the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions should handle the Products and check them only in the same way as they could do in a stationary store.
- With the reservation of points 6 and 8 of this paragraph the Seller shall reimburse to the Consumer all payments received from them, including the cost of delivery. The refund shall be made in the same method of payment that the Consumer or the entity referred to in 10 of these Terms and Conditions, used for the initial transaction, unless the Consumer has expressly agreed otherwise; in any event the Consumer will not incur any fees as a result of such reimbursement. Subject to point 7 of this paragraph, the return will take place immediately, and no later than within 14 days of receipt by the Seller of a statement of withdrawal from the Sales Agreement.
- The Seller shall not be required to reimburse the supplementary costs resulting from the Consumer’s or the entity referred to in 10 of these Terms and Conditions, choice of a type of delivery other than the least expensive type of standard delivery offered by the Shop.
- If the Seller doesn’t offer to pick up the return from the Consumer or the entity referred to in 10 of these Terms and Conditions himself, the Seller may withhold reimbursement until he has received the Product back or the Consumer has supplied evidence of having sent back the Product, whichever occurs first.
- The Consumer or the entity referred to in 10 of these Terms and Conditions, who withdraws from a Sales Agreement under point 1 of this paragraph, must only bear the direct cost of returning the Product to the Seller.
- The “cooling-off” period expires 14 days after the day the Consumer or the entity referred to in 10 of these Terms and Conditions, may withdraw from the contract is counted as:
- for a contract under which the Seller issues the Product being obliged to transfer its ownership – from the date on which the Consumer or the entity referred to in § 10 of the Terms and Conditions (or a third party indicated by them other than the carrier) took possession of the Product,
- for a contract that covers many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, its batch or part
- for a contract consisting in regular delivery of the Product for a definite period of time – from taking possession of the first of the Products,
- for other contracts – from the date of conclusion of the contract.
- The right of withdrawal in any event does not apply to Sales Agreements for the supply of:
- products made to the Consumer’s specification, i.e. non-prefabricated, personalized Products made on the basis of and individual choice of or decision by the Consumer.
- in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
- in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things,
- the service, if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the start of the service that after the performance of the service by the Seller he will lose the right to withdraw from the contract.
- in which the subject of the service is an item subject to rapid deterioration or having a short shelf life.
- Both the Customer (Consumer) and the Seller have a legal right to cancel the Sales Agreement in the event that the opposite party fails to fulfil its obligations under the Agreement within the set deadline.
- The Customer has the option of mounting the FitCrank crank to the bottom bracket of the bicycle in order to make sure that the FitCrank crank socket fits the bottom bracket end of a given bicycle, however, before the Customer screws the pedal to the FitCrank crank, the Customer is obliged to exercise due care to ensure that the FitCrank crank socket fits his bike. If the product shows signs of use, the Customer cover the cost of impairment, which corresponds to the reduction in the value of the product from which he wishes to withdraw in accordance with the rules described in this paragraph.