The right of withdrawal
- A consumer may withdraw from a Sales Agreement within 14 days without giving any reason.
- The period specified in paragraph 1 starts from the delivery of the Product to the Consumer or a person indicated by the Consumer other than the carrier.
- In the case of a Contract which involves multiple Products which are delivered separately, in batches or in parts, the period indicated in section 1 runs from the delivery of the last item, batch or part.
- In the case of a Contract that involves the regular delivery of Products for a specified period of time (subscription), the period indicated in section 1 shall run from taking possession of the first item.
- The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To maintain the deadline for withdrawal from the Agreement it is sufficient to send the statement by the Consumer before the expiry of this deadline.
- The statement may be sent by traditional mail, fax or electronically by sending a statement to the Seller's e-mail address or by submitting a statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on a form, the template of which is attached as Appendix 1 to these Regulations and Appendix to the Act of 30 May 2014 on consumer rights, but this is not mandatory.
- In the case of sending a statement by the Consumer electronically, the Seller shall immediately send to the Consumer at the e-mail address provided by the Consumer confirmation of receipt of statement of withdrawal from the Agreement.
- Effects of Withdrawal from the Agreement:
- In the case of withdrawal from the Remote Agreement, the Agreement shall be considered as not concluded.
- In the case of withdrawal from the Agreement the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivery of items, except for additional costs arising from the chosen by the Consumer way of delivery other than the cheapest ordinary way of delivery offered by the Seller.
- Reimbursement will be made by the Seller using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution, which will not be associated with any costs to him.
- The Seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.
- The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the date on which he informed the Seller about withdrawal from the Agreement. The deadline is met if the Consumer sends back the Product before the expiry of the 14-day period.
- The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not normally be returned by post.
- The Consumer shall only be liable for any diminished value of the Product resulting from the use of the Product in a manner other than that necessary to establish the nature, characteristics and functioning of the Product.
- If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the cost of returning the Product, will be located in the Product description in the Store.
- The right of withdrawal from a remote agreement does not apply to the Consumer in relation to the Agreement:
- in which the subject of the supply is a non-refabricated thing produced according to consumer specifications or used to meet his individual needs,
- in which the subject matter of the supply is an item delivered in a sealed package that cannot be returned after opening the package for health protection or hygiene reasons, if the package has been opened after delivery,
- in which the object of performance is a perishable item or an item with a short shelf life,
- for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer who was informed before the provision, that after the fulfillment of performance by the Seller will lose the right to withdraw from the Agreement,
- in which the price or remuneration depends on fluctuations of the financial market, over which the Seller has no control, and which may occur before the end of the period for withdrawal from the Contract,
- in which the subject matter of the performance are things which after delivery, due to their nature, are inseparable from other things,
- in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, and the delivery of which may only take place after 30 days and the value of which depends on market fluctuations, over which the Seller has no control,
- in which the subject of the provision are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery,
- for the supply of newspapers, periodicals or magazines, except for a subscription contract,
- for the supply of digital content which is not recorded on a tangible medium, if the provision of services has begun with the consumer's express consent before the end of the deadline for withdrawal from the contract and after the Seller has informed him about the loss of the right to withdraw from the contract.
Claims and warranty
- The Sales Agreement covers new Products.
- The Seller is obliged to provide the Customer with an item free from defects.
- In case of a defect in goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code.
- Complaints should be submitted in writing or electronically to the Seller's addresses given in these Regulations.
- It is recommended to include in the complaint, among others, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer submitting the complaint, and the Customer's request in connection with the defective goods.
- The Seller shall respond to the complaint request immediately, no later than within 14 days, and if it fails to do so within this period, it is considered that the Customer's request is justified.
- Goods returned under the complaint procedure should be sent to the address specified in § 3 of these Regulations.
- If a guarantee has been granted for a Product, information about it, as well as its content, will be included in the description of the Product in the Store.
Out-of-court complaint and redress procedures
- Detailed information about the possibility of using out-of-court complaint handling and claim investigation procedures by the Consumer, as well as the rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following website 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 and http://www.uokik.gov.pl/wazne_adresy.php.
- The consumer has the following examples of out-of-court complaint and redress procedures:
- The Consumer shall be entitled to apply to a permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
- The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Seller.
- A consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of county (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, Polish Consumer Association).