The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
The time limit set out in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by him.
In the case of an Agreement that includes many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, lot or part.
In the case of the Agreement, which consists in regular delivery of Products for a specified period of time (subscription), the date specified in paragraph 1 runs from taking possession of the first item.
The Consumer may withdraw from the Agreement by submitting to the Seller a statement on withdrawal from the Agreement. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of that period.
The declaration may be sent via traditional mail by sending a statement to the Seller’s address – the Seller’s contact details are specified in § 3. The statement may also be submitted on the form, the model of which is attached as Appendix 1 to these Regulations and the Annex to the Act of May 30, 2014 on consumer rights, but it is not mandatory.
In the event of sending a statement by the Consumer electronically, the Seller shall immediately send the Consumer the confirmation of receipt of the statement on withdrawal from the Agreement provided by the Consumer.
Effects of withdrawal from the Agreement:
In the event of withdrawal from the Contract concluded remotely, the Agreement shall be considered void.
In the event of withdrawal from the Agreement, the Seller shall promptly, not later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, all payments made by him, including the cost of delivering the item, except for additional costs resulting from the method of delivery chosen by the Consumer. other than the cheapest usual delivery method offered by the Seller.
The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to another solution, which will not entail any costs for him.
The Seller may withhold the return of the payment until receiving the Product back or until it has been provided with proof of its return, depending on which event occurs first.
The consumer should return the Product to the address of the Seller specified in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends back the Product before the expiry of the 14-day period.
The consumer bears direct costs of returning the Product, including the cost of returning the Product, if due to its nature, the Product could not be sent back by regular mail.
The consumer is only liable for a decrease in the value of the Product resulting from the use of it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
If, due to the nature of the Product, it can not be sent back in regular mode by post, information about this, as well as the cost of returning the Product, will be included in the description of the Product in the Store.
The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs,
in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
in which the object of the service is an item subject to rapid deterioration or having a short shelf-life,
for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer who has been informed before the provision begins that after fulfilling the provision by the Seller, he will lose the right to withdraw from the Agreement,
in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline to withdraw from the Agreement,
in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things,
in which the object of the service are alcoholic beverages, the price of which was agreed at the conclusion of the contract of sale, and which delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control,
in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery,
for delivering newspapers, periodicals or magazines, with the exception of a subscription agreement,
for delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer’s express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the Agreement,
Complaint and warranty
The New Products are covered by the Sale Agreement.
In the event of a defect purchased from the Seller of the goods, the Customer has the right to make a complaint based on the provisions regarding the warranty in the Civil Code.
Complaints should be reported in writing or electronically to the addresses of the Seller provided in these Regulations.
It is recommended that the complaint include concise description of the defect, circumstances (including date) of its occurrence, data of the Customer submitting the complaint, and the Customer’s request in connection with the defect of the good.
The Seller will respond to the claim immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer’s request was considered justified.
Goods sent as part of the complaint procedure should be sent to the address given in § 3 of these Regulations.
Out-of-court ways to handle complaints and redress
Detailed information on the Consumer’s use of out-of-court complaint and redress methods as well as rules on access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorate Inspectorates Handlowa and the following Internet addresses of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php oraz http://www.uokik.gov.pl/wazne_adresy.php.
The consumer has the following exemplary possibilities to use non-judicial means of dealing with complaints and redress:
The consumer is entitled to apply to a permanent amicable consumer court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148, as amended), with a request to settle the dispute arising from the Contract concluded with the Seller.
The consumer is entitled to apply to the provincial inspector of Trade Inspection, pursuant to art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148 with later amendments), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
The consumer can get free assistance in settling the dispute between him and the Seller, also using the free help of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
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