Legal document
Returns Policy
Store Operator: FIRSTSTONE TRADING spółka z ograniczoną odpowiedzialnością (abbreviation: FIRSTSTONE TRADING sp. z o.o.) KRS: 0001254766 | NIP: 7831958614 Registry court: Sąd Rejonowy Poznań – Nowe Miasto i Wilda w Poznaniu, VIII Wydział Gospodarczy KRS (Gdańsk-North District Court in Gdańsk, 8th Commercial Division of the National Court Register) Registered office: ul. Wierzbięcice 44A/40A, 61-568 Poznań, województwo wielkopolskie Voivodeship Correspondence / Store service address: ul. Wierzbięcice 44A/40A, 61-568 Poznań (fully paid up) Representation: Krystian Dawidowski — Member of the Management Board (sole management board, independent representation) Store email: contact@purepoint.pl Compliance email: compliance@purepoint.pl e-Delivery address (ADE): AE:PL-21312-60691-FGBFV-19 Store domain: purepoint.pl
Version: 2.0 Effective date: 6 June 2026
Table of Contents
- Preliminary provisions and scope of regulation
- Definitions
- Nature of the Products and the possibility of return
- Exclusion of the 14-day withdrawal right
- Legal reasoning — the Qualified Buyer as a non-consumer entity
- Cases in which a return is possible
- Cases in which a return is not possible
- Return procedure
- Refund of monies
- Exchange of the Product
- Reference to the Complaints Policy
- Bibliography and legal basis
- Change history
1. Preliminary provisions and scope of regulation
§ 1. Purpose of the document
- This Returns Policy (hereinafter: the Policy) sets out the rules under which Qualified Buyers may effectively demand the return of a purchased Product, the cancellation of an order, or withdrawal from the contract of sale concluded with the Operator via the Store operating at purepoint.pl.
- The Policy constitutes a document accompanying the Store Terms and Conditions (document no. 1) and the Complaints Policy (document no. 6.2). In the event of a conflict between this Policy and the Store Terms and Conditions, the provisions of the Terms and Conditions shall prevail, unless the Policy introduces solutions more favourable to the Qualified Buyer.
- The Policy is addressed exclusively to Qualified Buyers within the meaning of the Store Terms and Conditions — i.e. natural persons conducting a business or professional activity, legal persons, organisational units without legal personality, as well as students and academic staff acquiring Products for a purpose related to their business, professional, research or academic activity (Art. 43(1) of the Act of 23 April 1964 — the Civil Code, consolidated text: Journal of Laws 2024 item 1061, as amended, hereinafter: the KC).
§ 2. Exclusion of consumers
- The Store purepoint.pl is operated exclusively in a B2B and B2Pro model (business-to-business / business-to-professional). The Operator does not provide services or sell Products to consumers within the meaning of Art. 22(1) of the KC.
- Placing an order in the Store requires the prior completion and signing of a Qualified Profile Declaration (KOP), in which the Buyer declares, under pain of criminal liability (Art. 233 § 1 of the Act of 6 June 1997 — the Criminal Code, consolidated text: Journal of Laws 2024 item 17, as amended, hereinafter: the KK), that they acquire the Products solely for a professional, business or scientific-research purpose.
- The consequence of excluding consumers from the group of Store Buyers is the non-application of the provisions of Art. 27-39 of the Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws 2024 item 1796, as amended, hereinafter: the UPK), including in particular the provisions governing the 14-day right of withdrawal from a distance contract.
2. Definitions
For the purposes of this Policy:
| Term | Definition |
|---|---|
| Operator | FIRSTSTONE TRADING sp. z o.o., KRS 0001254766, NIP 7831958614, with its registered office in Poznań (83-307), ul. Wierzbięcice 44A/40A. |
| Store | The online store operated by the Operator at purepoint.pl. |
| Qualified Buyer | A natural person conducting a business or professional activity, a legal person, an organisational unit without legal personality, as well as a student of a biomedical, chemical, biotechnological or pharmaceutical field of study, an academic staff member, an entrepreneur conducting research and development activity — acquiring Products solely for a purpose related to their business, professional, research or academic activity, within the meaning of Art. 43(1) of the KC, excluding a consumer within the meaning of Art. 22(1) of the KC. |
| KOP | Qualified Profile Declaration — a verification form comprising 5 compliance declarations, a declaration of the Qualified Buyer category, and supplementary data (NIP, ORCID, name of the institution, professional declaration). |
| Product / Research Material | A peptide substance, peptidomimetic or related laboratory reagent offered by the Operator solely for in vitro research purposes (research use only — RUO). The Products are not medicinal products within the meaning of Art. 2 point 32 of the Act of 6 September 2001 — the Pharmaceutical Law (consolidated text: Journal of Laws 2025 item 750, hereinafter: the PF), do not hold a marketing authorisation, and are not intended for use in humans or animals. |
| COA | Certificate of Analysis — a quality certificate for a given batch of the Product issued by a quality control laboratory; it contains parameters such as purity (HPLC %), identity (MS), acetate content, water profile and endotoxins. |
| Order | A declaration of intent by the Qualified Buyer directly aimed at concluding a contract of sale of the Product with the Operator. |
| Contract | The contract of sale of the Product concluded between the Operator and the Qualified Buyer via the Store. |
3. Nature of the Products and the possibility of return
§ 3. Specific nature of Research Materials
- The Products offered by the Operator are exclusively research materials intended for in vitro laboratory applications. Each Product is sold in a hermetically sealed package (a vial with a rubber septum + an aluminium crimp), secured with a tear-off tape or a holographic tamper-evident seal.
- The Products are substances of limited chemical and biological stability. Following a break in the cold chain, breach of the tamper-evident seal, or reconstitution with a laboratory buffer, they undergo irreversible physicochemical changes which prevent them from being placed on the market again and jeopardise the reliability of the research results produced by subsequent users.
- The Operator has neither the technical nor the legal ability to place back on the market Products that have left its temperature-controlled warehouse (a refrigerated GDP-class warehouse — Good Distribution Practice), in particular in a situation where it is impossible to verify the conditions under which the Product was stored at the Qualified Buyer’s premises.
§ 4. Legal consequences of the nature of the Product
- The specific nature described in § 3 above means that the Products offered in the Store cumulatively satisfy all three statutory grounds for excluding the right of withdrawal from a distance contract, namely: – Art. 38 para. 1 point 3 of the UPK — a contract for the provision of goods in which the subject matter of the performance is a non-prefabricated item produced to the buyer’s specification or serving to satisfy their individualised needs (an extended interpretation applied to batches synthesised in a series); – Art. 38 para. 1 point 4 of the UPK — a contract in which the subject matter of the performance is an item liable to deteriorate rapidly or having a short use-by date; – Art. 38 para. 1 point 5 of the UPK — a contract in which the subject matter of the performance is an item delivered in a sealed package which, after opening, cannot be returned for reasons of health protection or hygiene, if the package was opened after delivery.
- Notwithstanding the fallback argument based on Art. 38 of the UPK, the primary legal argument excluding the application of the 14-day withdrawal right is the fact that the Qualified Buyer does not hold consumer status — as explained in detail in § 5 and § 6 of this Policy.
4. Exclusion of the 14-day withdrawal right
§ 5. Primary argument — absence of consumer status
- In accordance with Art. 22(1) of the KC: “A consumer shall be understood to mean a natural person performing a legal act with an entrepreneur which is not directly related to their business or professional activity.”
- In accordance with Art. 27 para. 1 of the UPK: “A consumer who has concluded a distance or off-premises contract may withdraw from it within 14 days without giving any reason and without incurring costs, except for the costs set out in Art. 33, Art. 34 para. 2 and Art. 35.”
- The addressee of the norm under Art. 27 para. 1 of the UPK is exclusively the consumer. The entire Chapter 4 of the UPK (Art. 27-39) governs the rights and obligations of the consumer — it does not apply to non-consumer entities, including entrepreneurs, academic staff conducting research and development activity, or students acquiring research materials in connection with the completion of diploma, master’s, or doctoral theses, or the research and development activity of their home university.
- A Qualified Buyer within the meaning of the Store Terms and Conditions is by definition not a consumer. This constitutes a necessary condition for registration in the Store, confirmed by the KOP declaration submitted under pain of criminal liability under Art. 233 § 1 of the KK.
- Consequently, the provisions of Art. 27-39 of the UPK do not apply to contracts concluded in the Store purepoint.pl. The Qualified Buyer is not entitled to the 14-day right of withdrawal from the contract without giving a reason.
- Reservation concerning an Entrepreneur with consumer rights (PnPK): if — contrary to the Store’s B2B model — a particular Buyer turns out to be a natural person conducting a business activity who concludes a contract directly related to that activity, but which does not have a professional character for them (Art. 385(5) of the KC in conjunction with Art. 7aa and Art. 38a of the UPK), the provisions on the right of withdrawal (Art. 27-38 of the UPK) shall apply accordingly to such a Buyer under the rules provided for PnPK. In such a case, the Operator invokes the statutory exclusions under Art. 38 of the UPK described in § 6 below. The delineation of the regimes for the consumer, the PnPK and the B2B Buyer is also governed by the Complaints Policy (document no. 6.2) — this Policy is consistent with it.
§ 6. Fallback argument — exclusions under Art. 38 of the UPK
- Should — contrary to the KOP declaration — a Qualified Buyer be recognised by a court or an administrative authority as a consumer (e.g. as a result of an extensive interpretation of consumer status or a finding that the KOP declaration was submitted in breach of the law), the Operator additionally invokes the statutory exclusions of the right of withdrawal regulated in Art. 38 of the UPK.
- Art. 38 para. 1 point 5 of the UPK — “The right of withdrawal from an off-premises or distance contract shall not be available to the consumer in respect of contracts: (…) 5) in which the subject matter of the performance is an item delivered in a sealed package which, after the package has been opened, cannot be returned for reasons of health protection or hygiene, if the package was opened after delivery.” – Application to the Products: All vials leave the warehouse with a holographic tamper-evident seal. Breach of the seal makes it impossible to place the item back on the market for reasons of laboratory hygiene and sterility control.
- Art. 38 para. 1 point 4 of the UPK — “(…) in which the subject matter of the performance is an item liable to deteriorate rapidly or having a short use-by date.” – Application to the Products: Peptide Products require storage at a temperature of 2-8°C (temporarily) or -20°C (long-term). Any break in the cold chain shortens the use-by period. After reconstitution with a buffer, lyophilised peptides have a use-by date counted in days, not months.
- Art. 38 para. 1 point 3 of the UPK — “(…) in which the subject matter of the performance is a non-prefabricated item produced to the consumer’s specification or serving to satisfy their individualised needs.” – Application to the Products: The Operator distributes Products originating from specific batches (lot numbers), with an individual COA issued for the given series. Each batch is unique in terms of its impurity profile, synthesis date and quality parameters — which places the Product at the borderline of the definition of a “non-prefabricated” item within the meaning of the extensive interpretation adopted in national and EU case law (including the judgment of the CJEU of 21 October 2020 in Case C-529/19, Möbel Kraft GmbH & Co. KG v ML).
5. Legal reasoning — the Qualified Buyer as a non-consumer entity
§ 7. Case law on consumer status
- Polish and EU case law consistently confirms that consumer status is established objectively, on the basis of the purpose of the legal act, and not on the basis of the parties’ subjective perceptions. The decisive factor is whether the acquisition took place for a purpose related to the buyer’s business or professional activity.
- Judgment of the Supreme Court of 8 June 2004, ref. no. I CK 635/03 — the Supreme Court held that the buyer’s declaration as to the purpose of acquisition is of material significance for assessing consumer status, and that an entrepreneur may, in good faith, rely on such a declaration in B2B commerce.
- Judgment of the CJEU of 25 January 2018, C-498/16, Schrems v Facebook Ireland Ltd — the Court of Justice of the EU confirmed that a person who uses a product or service predominantly for professional purposes cannot rely on consumer protection, even if they originally registered as a private user.
- Judgment of the CJEU of 14 February 2019, C-630/17, Anica Milivojević v Raiffeisenbank St. Stefan-Jagerberg-Wolfsberg eGen — the Court held that the burden of demonstrating a consumer purpose lies with the person invoking that status, and that the national court must carry out an objective assessment on the basis of the totality of the circumstances of the case.
- Case law on research and development acquisitions: To date there is no cassation ruling of the Supreme Court directly addressing the purchase of laboratory reagents by academic staff. The doctrine of civil law (including the commentary edited by K. Osajda, The Civil Code. Commentary, Warsaw 2024, Art. 22(1), marginal no. 28) consistently classifies acquisitions serving the conduct of research at a scientific institution as acquisitions related to professional activity, and therefore as non-consumer acquisitions.
§ 8. Penalties for a false KOP declaration
- Where, in the course of registration, a Buyer has submitted a false KOP declaration — in particular concealing that they acquire the Products for a consumer purpose unrelated to a business, professional, research or academic activity — the Operator reserves the following consequences: a) Criminal liability: Submitting a false declaration in a situation where the law requires a declaration under pain of criminal liability is punishable by imprisonment for up to 8 years (Art. 233 § 1 of the KK — “Whoever, in giving testimony intended to serve as evidence in court proceedings or in other proceedings conducted pursuant to a statute, testifies untruthfully or conceals the truth, shall be subject to a penalty of imprisonment from 6 months to 8 years.”). b) Civil liability: The obligation to remedy the damage caused to the Operator as a result of the non-performance or improper performance of the obligations arising from the contract (Art. 471 of the KC — “A debtor is obliged to remedy the damage resulting from the non-performance or improper performance of an obligation, unless the non-performance or improper performance is a consequence of circumstances for which the debtor is not responsible.”). c) Termination of the contract: The Operator reserves the right to immediately terminate the contract and deactivate the Buyer’s account in the Store, without any right to a refund of the fees paid.
6. Cases in which a return is possible
Notwithstanding the exclusion of the right of withdrawal from the contract without giving a reason, the Operator enables the Qualified Buyer to return a Product in the following strictly defined situations.
§ 9. Damage in transit
- Where a Product has been delivered in a condition indicating mechanical damage in transit (a damaged vial, a broken ampoule, a broken cold chain, missing packaging elements), the Qualified Buyer is obliged to: a) Draw up a damage report jointly with the courier at the moment of delivery. If this is not possible — report the damage directly to the carrier and to the Operator within a period not exceeding 24 hours of delivery. b) Produce photographic documentation of the condition of the outer packaging, the inner packaging (the transport cooler) and the damaged Products. c) Retain the entire packaging and the damaged Product until the complaint procedure has been concluded.
- Reports of damage in transit should be directed to: contact@purepoint.pl, with a copy to: compliance@purepoint.pl.
- The Operator, following positive verification of the report: (i) replaces the Product with a new one under the quality guarantee or (ii) refunds the full value of the Product together with the shipping costs.
§ 10. Non-conformity with the COA (Certificate of Analysis)
- Where a Qualified Buyer — as a result of their own quality control of the Product carried out in an authorised analytical laboratory — has demonstrated that the actual parameters of the Product deviate from the parameters declared in the Certificate of Analysis attached to the delivery, the Buyer is entitled to return the Product within 14 days of the date of delivery.
- A report of non-conformity with the COA must contain: a) the analytical report of an independent laboratory (HPLC, MS, and, where applicable, NMR); b) the batch number (lot number) of the challenged Product; c) the date on which the analysis was carried out and the storage conditions of the Product from delivery to testing; d) a copy of the original COA provided by the Operator.
- The Operator verifies the report within up to 14 working days, where necessary commissioning a control analysis at an independent laboratory at its own expense. Where non-conformity is confirmed — a full refund or exchange of the Product, in accordance with the Buyer’s choice.
§ 11. Defect of the Product (B2B warranty for defects)
- Where a defect of the Product is found — other than damage in transit or non-conformity with the COA — the Qualified Buyer may file a complaint within 30 days of the day on which the defect was discovered or should have been discovered with the exercise of due diligence.
- In accordance with the provisions of the Store Terms and Conditions, the statutory warranty for physical and legal defects in B2B commerce has been excluded pursuant to Art. 558 § 1 of the KC (“The parties may extend, limit or exclude liability under the statutory warranty for defects. Where the buyer is a consumer, limiting or excluding liability under the statutory warranty for defects is permissible only in the cases specified in special provisions.”).
- Notwithstanding the exclusion of the statutory warranty for defects, the Operator grants a voluntary commercial quality guarantee in force for 30 days from the date of delivery, on the terms set out in the Complaints Policy (document no. 6.2).
- The Operator’s maximum liability for a defect of the Product is limited to the value of the order plus the shipping costs (B2B liability cap), excluding indirect damage, lost profits, the costs of research conducted using the defective Product, and reputational costs.
§ 12. Cancellation of an order before shipment
- The Qualified Buyer may at any time cancel an order before the moment the consignment is handed over to the carrier — without giving any reason and without any financial consequences.
- A cancellation request should be sent without delay to: contact@purepoint.pl, stating the order number. The cancellation is effective only if it reached the Operator before the consignment note was generated in the warehouse system.
- After the consignment note has been generated, the Operator may refuse to cancel the order. In such a case, the general rules of this Policy apply — a return is possible only in the situations specified in § 9-11.
- In the event of an effective cancellation of an order paid for in advance, the Operator refunds the full amount within up to 7 working days to the bank account or the card used for payment (in accordance with § 14 below).
7. Cases in which a return is not possible
§ 13. Unconditional exclusions
- The Operator does not accept returns of a Product in the following situations: a) Breach of the tamper-evident seal — opening the vial, breaking the holographic seal or any other marking attesting to the integrity of the original packaging. b) Breach of the cold chain on the Buyer’s side — storage of the Product in conditions inconsistent with the instructions (including above 8°C for lyophilised forms after delivery, or above -20°C for forms stored long-term). c) Reconstitution of the Product — dissolution of the lyophilised peptide in a buffer, solvent or other medium. d) Expiry of the use-by date — the return of a Product whose use-by date has lapsed on the Buyer’s side is not possible. e) Inability to verify — a situation in which the Buyer is unable to document that the Product was stored in accordance with the conditions set out in the product data sheet and on the label. f) Attempt to return for consumer purposes — where the Buyer invokes the 14-day right of withdrawal under Art. 27 of the UPK, despite having registered as a Qualified Buyer and having submitted the KOP declaration under pain of Art. 233 § 1 of the KK.
- Where any of the circumstances listed in para. 1 is found, the Operator refuses to accept the returned Product and sends it back at the Buyer’s expense to the address given in the order. The costs of return transport, storage and disposal shall be borne by the Buyer.
8. Return procedure
§ 14. Step by step
- Step 1 — Electronic submission. The Qualified Buyer sends a return request to: contact@purepoint.pl (with a copy to compliance@purepoint.pl), containing: – the order number; – the batch number (lot number) of the Product; – the legal basis for the return (damage / non-conformity with the COA / defect / cancellation); – photographic and analytical documentation; – the details for the refund of monies (bank account number or card details).
- Step 2 — Operator verification. Within up to 7 working days the Operator confirms receipt of the report, assigns an RMA number (Return Merchandise Authorization) and sends the Buyer instructions for shipping the returned Product, together with a return form template (Form #6A).
- Step 3 — Shipment of the returned Product. The Buyer packs the Product in the original packaging (the transport cooler or an equivalent), secures it with cooling inserts and sends it by courier to the address indicated by the Operator. The RMA number must be visible on the outer label.
- Step 4 — Inspection of the return. Following delivery of the returned Product, the Operator carries out an inspection (condition of the seal, transport temperatures, conformity with the batch number). The inspection takes up to 5 working days from delivery.
- Step 5 — Final decision. Within up to 14 working days of the day the inspection is completed, the Operator issues a decision either acknowledging the return (refund of monies or exchange of the Product) or refusing it (with a statement of reasons).
§ 15. Return form template
- The Operator makes available a template of the Return Form (Form #6A) in the customer panel after logging in to the Store, and on request at compliance@purepoint.pl.
- Completing and signing the form is not a necessary condition for accepting the report; however, it significantly accelerates the verification process.
9. Refund of monies
§ 16. Time limit and form of the refund
- In the event of a positive decision by the Operator, the refund of monies takes place within up to 7 working days of the day the decision is issued.
- The refund is made using the same payment method that the Buyer used at the time of purchase: – payment card — refund to the card, via Stripe Payments Europe Limited (Dublin, Ireland); – BACS transfer — refund to the bank account indicated by the Buyer; – standard bank transfer — refund to the bank account from which the original payment was made.
- In particularly justified cases (e.g. closure of the Buyer’s bank account, expiry of the card), the Operator may — with the Buyer’s consent — make the refund to another bank account indicated in a written statement.
§ 17. Shipping costs on return
- In the event of damage in transit, non-conformity with the COA or a defect of the Product, the Operator refunds the full value of the Product together with the original shipping costs and the return shipping costs (up to the amount of the standard courier rate in Poland).
- In the event of cancellation of an order before shipment, the Operator refunds the full amount of the payment made (the Product has not yet been shipped).
- In other cases (if the Operator exceptionally accepts a return outside the framework of this Policy), the return shipping costs shall be borne by the Buyer.
10. Exchange of the Product
§ 18. Alternative to a refund of monies
- In each of the cases specified in § 9-12 of this Policy, the Qualified Buyer may — instead of a refund of monies — demand an exchange of the Product for a new item of the same kind and quality.
- The exchange is carried out within up to 14 working days of the date the report is acknowledged, while maintaining the standard shipping conditions (cold chain, tamper-evident packaging, COA for the new batch).
- Where the Product is unavailable in the original specification, the Operator may propose to the Buyer: (i) a Product with equivalent parameters from another batch, (ii) a Product with an upgraded specification at no additional charge, or (iii) a refund of monies in accordance with § 16.
§ 19. Exchange and the status of the cold chain
- An exchange of the Product is possible only on condition that the returned Product reached the Operator in a condition allowing a quality inspection — in particular with the cold chain maintained in the return transport and with the tamper-evident seal intact.
11. Reference to the Complaints Policy
§ 20. Delineation of the documents
- This Returns Policy governs the right to demand the return or exchange of a Product in the situations specified in § 9-12.
- Complaints regarding quality defects of the Product, non-conformity with the COA detected through the full analytical cycle, problems with the commercial quality guarantee, and disputes concerning technical parameters are additionally governed by the Complaints Policy (document no. 6.2).
- Where a Buyer’s report falls simultaneously within the scope of both documents (e.g. a quality defect detected after inspection), the Operator applies the solution more favourable to the Buyer, while respecting the B2B liability cap set out in the Store Terms and Conditions.
§ 21. Out-of-court dispute resolution
- The Operator allows for the out-of-court resolution of disputes arising from this Policy by way of mediation conducted by the Mediation Centre at the Polish Chamber of Commerce in Warsaw.
- Consumers (if — contrary to the Store Terms and Conditions — they are recognised as a party to the contract) may use the ODR platform (Online Dispute Resolution) operated by the European Commission at: https://ec.europa.eu/consumers/odr — the Operator is, however, not obliged to participate in ODR proceedings, since the Store does not offer sales to consumers.
12. Bibliography and legal basis
§ 22. Legal acts
- Act of 23 April 1964 — the Civil Code (consolidated text: Journal of Laws 2024 item 1061, as amended) — in particular Art. 22(1), Art. 43(1), Art. 471, Art. 558 § 1, Art. 471 et seq.
- Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws 2024 item 1796, as amended) — in particular Art. 27-39 (the right of withdrawal from a distance contract), Art. 38 (exclusions of the right of withdrawal).
- Act of 6 June 1997 — the Criminal Code (consolidated text: Journal of Laws 2024 item 17, as amended) — Art. 233 § 1 (false testimony given under pain of criminal liability).
- Act of 6 September 2001 — the Pharmaceutical Law (consolidated text: Journal of Laws 2025 item 750) — Art. 2 point 32 (definition of a medicinal product), Art. 124 para. 1 (penalty for placing a medicinal product on the market without authorisation: a fine, a penalty of restriction of liberty, or imprisonment for up to 2 years).
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) — OJ EU L 119 of 4 May 2016, p. 1.
- Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) — OJ EU L 177 of 4 July 2008, p. 6.
- Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis) — OJ EU L 351 of 20 December 2012, p. 1.
§ 23. Case law
- Judgment of the Supreme Court of 8 June 2004, ref. no. I CK 635/03 — concerning the significance of the buyer’s declaration for establishing consumer status.
- Judgment of the CJEU of 25 January 2018, C-498/16, Maximilian Schrems v Facebook Ireland Ltd — concerning the objective assessment of consumer status in the case of a mixed-purpose acquisition.
- Judgment of the CJEU of 14 February 2019, C-630/17, Anica Milivojević v Raiffeisenbank St. Stefan-Jagerberg-Wolfsberg eGen — concerning the obligation of the party invoking consumer status to demonstrate a consumer purpose.
- Judgment of the CJEU of 21 October 2020, C-529/19, Möbel Kraft GmbH & Co. KG v ML — concerning the interpretation of Art. 16(c) of Directive 2011/83/EU (the equivalent of Art. 38 point 3 of the UPK) — a non-prefabricated item.
§ 24. Doctrine
- K. Osajda (ed.), The Civil Code. Commentary, Warsaw 2024, Art. 22(1), Art. 43(1), Art. 558.
- M. Namysłowska, T. Skoczny (eds.), The Act on Consumer Rights. Commentary, Warsaw 2023, Art. 27-39, Art. 38.
- K. Włodarska-Dziurzyńska, Sanctions in Consumer Law on the Example of Distance Contracts, Warsaw 2024.
13. Change history
| Version | Date | Scope of changes | Author |
|---|---|---|---|
| 1.0 | 2026-05-22 | First version of the Returns Policy. Based on the construction of Art. 38 of the UPK as the main argument excluding the 14-day withdrawal right. | FIRSTSTONE Compliance |
| 1.0 (correction) | 2026-05-24 | Correction of typos, supplementing the RMA procedure, addition of the Form #6A template. | FIRSTSTONE Compliance |
| 2.0 | 2026-06-06 | Rewriting of the policy based on the foundation of the “Qualified Buyer” (b2b/b2pro only). Main argument: absence of consumer status → Art. 27-39 of the UPK does not apply. Fallback argument: Art. 38 points 3/4/5 of the UPK. Addition of a case law section. Supplementing the penalties for a false KOP declaration (Art. 233 of the KK + Art. 471 of the KC). B2B liability cap up to the value of the order + shipping. Precise insertion of the Operator’s data (KRS 0001254766, NIP 7831958614, ADE PL-21312-60691-FGBFV-19). Correction of the citation of Art. 124 of the PF (penalty of imprisonment for up to 2 years — not “8 years + PLN 5 million” as in v1). | FIRSTSTONE Compliance + legal counsel |
Final clause
In matters not regulated by this document, the mandatorily applicable provisions of Polish and European Union law shall apply. In the event of any doubts as to interpretation, please contact compliance@purepoint.pl.
Returns Policy (Withdrawal from the Contract) v2.0 Effective from: 6 June 2026 Operator: FIRSTSTONE TRADING sp. z o.o., KRS 0001254766 Store: purepoint.pl Legal contact: compliance@purepoint.pl | ADE: AE:PL-21312-60691-FGBFV-19