The Consumer has the right to withdraw from a contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
The deadline for withdrawal expires after 14 days from the day:
On which the Consumer took possession of the goods or on which a third party other than the carrier and indicated by the Consumer took possession of these goods.
On which the Consumer took possession of the last of the items or on which a third party, other than the carrier and indicated by the Consumer, took possession of the last of the items in the case of a contract obliging to transfer ownership of many items that are delivered separately.
In order for the Consumer to exercise the right of withdrawal, 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 statement (for example, a letter sent by post or information sent by e-mail).
The Consumer may use the sample withdrawal form provided at the end of the Regulations, but this is not obligatory.
To meet the withdrawal deadline, it is sufficient for the Consumer to send information regarding the exercise of their right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL FROM THE CONTRACT
In the event of withdrawal from the concluded contract, the Seller shall reimburse to the Consumer all payments received from them, including the costs of delivering the goods (with the exception of additional costs resulting from the Consumer's choice of a delivery method other than the cheapest ordinary delivery method offered by the Seller), immediately, and in any event 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.
The Seller shall make the reimbursement using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise; in any event, the Consumer will not incur any fees as a result of such reimbursement.
The Seller may withhold reimbursement until they have received the goods back or have supplied evidence of having sent back the goods, whichever is the earliest.
The Seller requests that goods be returned to the address: ul. Kalwaryjska 35A/112, 30-504 Kraków immediately, and in any event no later than 14 days from the day on which the Consumer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Consumer sends back the goods before the expiry of the 14-day period.
The Consumer bears the direct costs of returning the goods.
The Consumer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If, due to its nature, the goods cannot be returned by ordinary mail, the Consumer will also have to bear the direct costs of returning the goods. The Consumer will be informed by the Seller about the estimated amount of these costs in the product description in the Store or when placing the order.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal from a distance contract is not available to the Consumer in relation to a contract:
Where the subject of the performance is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy their individualized needs.
Where the subject of the performance is an item liable to deteriorate rapidly or with a short shelf-life.
Where the subject of the performance is an item supplied in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery.
Where the subject of the performance are items which, after delivery, due to their nature, become inseparably mixed with other items.
Where the subject of the performance are sound or visual recordings or computer programs supplied in a sealed package, if the package has been opened after delivery.
For the supply of newspapers, periodicals or magazines, with the exception of a subscription contract.
Where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control, and which may occur before the expiry of the deadline for withdrawal from the contract.
For the supply of digital content which is not supplied on a tangible medium, if the performance has begun with the Consumer's express consent before the expiry of the withdrawal period and after being informed by the entrepreneur about the loss of the right of withdrawal.
COMPLAINTS
In the event of a defect in the goods, the Buyer has the option to complain about the defective goods under the warranty regulated in the Civil Code or a guarantee, if a guarantee has been provided.
Using the warranty, the Buyer may, under the rules and within the deadlines specified in the Civil Code:
Submit a statement of price reduction.
In case of a significant defect - submit a statement of withdrawal from the contract.
Demand replacement of the item with a defect-free one.
Demand removal of the defect.
The Seller requests that complaints based on the warranty be submitted to the postal or electronic address indicated in § 2 of the Regulations.
If it turns out that it is necessary to deliver the advertised goods to the Seller for the complaint to be considered, the Buyer is obliged to deliver these goods, in the case of a Consumer at the Seller's expense, to the address ul. Kalwaryjska 35A/112, 30-504 Kraków.
If an additional guarantee has been provided for the goods, information about it, as well as its terms, is available in the product description in the Store.
Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
The Seller will process the complaint within 14 days.
OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION AND CLAIMS ENFORCEMENT
If the complaint procedure does not bring the desired result for the Consumer, the Consumer may use, among others:
Mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here:https://www.uokik.gov.pl/wazne_adresy.php#faq595.
Assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. A list of courts is available at:https://www.uokik.gov.pl/wazne_adresy.php#faq596.
Free assistance from the municipal or district consumer ombudsman.
