The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
The running of the period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by the Consumer.
In the case of a Contract that includes multiple Products that are delivered separately, in batches or in parts, the time limit indicated in Paragraph. 1 runs from the delivery of the last item, lot or part.
In the case of a Contract that involves the regular delivery of Products for a fixed period of time (subscription), the time limit indicated in Paragraph. 1 runs from taking possession of the first item.
The consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Agreement it is sufficient for the Consumer to send a statement before the 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 can also be made on the form, the model of which is attached as Appendix 1 to these Regulations and the Appendix to the Law of May 30, 2014 on Consumer Rights, but it is not mandatory.
If the Consumer sends a statement electronically, the Seller will immediately send the Consumer at the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
Effects of withdrawal from the Agreement:
In the case of withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded.
In the event 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 statement of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivering the item, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
The Seller will refund the payment 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 that will not incur any costs for 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 day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration 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 be returned by mail in the usual manner.
The consumer shall be liable only for the diminution in value of the Product resulting from the use of the Product in a manner other than necessary to ascertain the nature, characteristics and functioning of the Product.
If, due to the nature of the Product, it cannot be returned by ordinary mail, information about this, as well as about the cost of returning the Product, will be included in the description of the Product in the Store.
The right to withdraw from a contract concluded at a distance does not apply to the Consumer with respect to the Contract:
in which the object of performance is a non-refabricated item, manufactured to the Consumer’s specifications or serving to meet his individualized needs,
in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery,
in which the object of performance is an item that is perishable or has 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 start of the service, that after the performance of the Seller 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 expiration of the deadline for withdrawal from the Contract,
in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things,
in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can 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 performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery,
for the provision of daily newspapers, periodicals or magazines, except for a subscription contract,
for the delivery of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the contract,
Complaint and warranty
The Sales Contract covers new Products.
The seller is obliged to provide the customer with an item free of defects.
In case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code.
It is recommended that the complaint include, among other things. a concise description of the defect, the circumstances (including the date) of its occurrence, the data of the customer making the complaint, and the customer’s request in connection with the defect of the goods.
The Seller will respond to the complaint request immediately, and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer, and the Seller does not respond to the complaint request within 14 days, it is considered that the Customer’s request was considered justified.
Goods sent back under the complaint procedure should be sent to the address specified in § 3 of these Regulations.
If the Product has a warranty, the information about it, as well as its content, will be included next to the description of the Product in the Store. The seller will also include a warranty card with the sold Product.
Out-of-court ways of dealing with complaints and redress of grievances
Detailed information on the consumer’s ability to use out-of-court procedures for handling complaints and pursuing claims, 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, Provincial Inspectorates of Commercial Inspection and at the following web 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 means of complaint handling and redress:
The consumer is entitled to apply to the permanent amicable consumer court referred to in Art. 37 of the Law of December 15, 2000. On Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
The consumer is entitled to turn to the provincial inspector of the Commercial Inspection, in accordance with Art. 36 of the Law of December 15, 2000. on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a 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 a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers).
