Withdrawal from the contract
RIGHT OF WITHDRAWAL FROM THE CONTRACT
- The Consumer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without stating any reason.
- The deadline for withdrawal from the contract expires 14 days after the day:
- On which the Consumer came into possession of the goods or on which a third party other than the carrier, designated by the Consumer, came into possession of the goods.
- On which the Consumer came into possession of the last of the items or on which a third party other than the carrier, designated by the Consumer, came into possession of the last of the items in the case of a contract obliging the transfer of ownership of several items that are delivered separately.
- In order for the Consumer to exercise the right of withdrawal from the contract, they must inform the Seller, using the data provided in § 2 of the Regulations, of their decision to withdraw from the contract by means of an unambiguous declaration (for example, a letter sent by post or information transmitted by e-mail).
- The Consumer may use the model withdrawal form placed at the end of the Regulations, but this is not mandatory.
- To meet the deadline for withdrawal from the contract, it is sufficient for the Consumer to send information regarding the exercise of their right of withdrawal from the contract before the deadline for withdrawal expires.
EFFECTS OF WITHDRAWAL FROM THE CONTRACT
- In the event of withdrawal from the concluded contract, the Seller shall refund the Consumer all payments received from them, including the costs of delivering the goods (except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the Consumer's decision to exercise the right of withdrawal from the contract.
- The Seller shall make the refund using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer agrees to another solution; in any case, the Consumer shall not incur any fees in connection with this refund.
- The Seller may withhold the refund until receipt of the goods or until receipt of proof of their return, whichever occurs earlier.
- The Seller requests that the goods be returned to the address: ul. Miłkowskiego 3 lok. 601 30-349 Kraków immediately, and in any case no later than 14 days from the day on which the Consumer informed the Seller of the withdrawal from the sales contract. The deadline is met if the Consumer returns the goods before the 14-day deadline expires.
- The Consumer bears the direct costs of returning the goods.
- The Consumer is liable only for the reduction in the value of the goods resulting from using them in a manner other than as necessary to establish the nature, characteristics, and functioning of the goods.
- If the goods cannot be returned by post in the usual manner due to their nature, the Consumer will also have to bear the direct costs of returning the goods. The Consumer will be informed by the Seller of the estimated amount of these costs in the product description in the Store or when placing the order.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
- The right of withdrawal from a contract concluded at a distance does not apply to the Consumer in respect of a contract:
- In which the subject matter of the provision is a non-prefabricated item, produced according to the Consumer's specifications or intended to satisfy their individual needs.
- In which the subject matter of the provision is an item that is subject to rapid deterioration or has a short shelf life.
- In which the subject matter of the provision is an item delivered in sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery.
- In which the subject matter of the provision is items that, after delivery, due to their nature, become inextricably linked with other items.
- In which the subject matter of the provision is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery.
- Regarding the delivery of journals, periodicals, or magazines, except for a subscription agreement.
- In which the price or remuneration depends on fluctuations in the financial market over which the trader has no control, and which may occur before the deadline for withdrawal expires.
- Regarding the provision of digital content that is not recorded on a tangible medium, if the provision of the service began with the express consent of the Consumer before the deadline for withdrawal expires and after the trader has informed them of the loss of the right of withdrawal from the contract.
COMPLAINTS
- In the event of a defect in the goods, the Buyer has the option to complain about the defective goods on the basis of the warranty provided for in the Civil Code or a guarantee, if a guarantee has been provided.
- By exercising the warranty, the Buyer may, on the terms and within the timeframes specified in the Civil Code:
- Submit a declaration of a price reduction
- In the case of a material defect - submit a declaration of withdrawal from the contract
- Demand replacement of the item with one free from defects
- Demand removal of the defect
- The Seller requests that complaints under warranty be submitted to the postal or electronic address specified in § 2 of the Regulations.
- If it turns out that it is necessary to deliver the complained-about goods to the Seller to consider the complaint, the Buyer is obliged to deliver these goods, in the case of a Consumer at the Seller's expense, to the address ul. Miłkowskiego 3/601, 30-349 Kraków
- If an additional guarantee has been provided for the goods, information about it, as well as about its terms, is available in the product description in the Store.
- Complaints regarding the operation of the Store should be directed to the e-mail address specified in § 2 of the Regulations.
- The Seller will consider the complaint within 14 days.
OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS - In the event that the complaint procedure does not yield the result expected by the Consumer, the Consumer may use, among others:
- Mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
- Assistance from the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted to have the case considered by the arbitration court. As a rule, the procedure is free of charge. The list of courts is available at the address: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
- Free assistance from the municipal or county consumer ombudsman.
- The online ODR platform available at the address: http://ec.europa.eu/consumers/odr/.